[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4236 Enrolled Bill (ENR)]
H.R.4236
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To provide for the administration of certain Presidio properties at
minimal cost to the Federal taxpayer, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
This Act may be cited as the ``Omnibus Parks and Public Lands
Management Act of 1996''.
Sec. 1. Short title and table of contents.
DIVISION I
TITLE I--THE PRESIDIO OF SAN FRANCISCO
Sec. 101. Findings.
Sec. 102. Authority and responsibility of the Secretary of the Interior.
Sec. 103. Establishment of the Presidio Trust.
Sec. 104. Duties and authorities of the Trust.
Sec. 105. Limitations on funding.
Sec. 106. General Accounting Office study.
TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES
Sec. 201. Yucca House National Monument boundary adjustment.
Sec. 202. Zion National Park boundary adjustment.
Sec. 203. Pictured Rocks National Lakeshore boundary adjustment.
Sec. 204. Independence National Historical Park boundary adjustment.
Sec. 205. Craters of the Moon National Monument boundary adjustment.
Sec. 206. Hagerman Fossil Beds National Monument boundary adjustment.
Sec. 207. Wupatki National Monument boundary adjustment.
Sec. 208. Walnut Canyon National Monument boundary modification.
Sec. 209. Butte County, California land conveyance.
Sec. 210. Taos Pueblo land transfer.
Sec. 211. Colonial National Historical Park.
Sec. 212. Cuprum, Idaho relief.
Sec. 213. Relinquishment of interest.
Sec. 214. Modoc National Forest.
Sec. 215. Conveyance to City of Sumpter, Oregon.
Sec. 216. Cumberland Gap National Historical Park.
Sec. 217. Alpine School District.
Sec. 218. Merced Irrigation District land exchange.
Sec. 219. Father Aull site transfer.
Sec. 220. Coastal Barrier Resources System.
Sec. 221. Conveyance to Del Norte County Unified School District.
TITLE III--EXCHANGES
Sec. 301. Targhee National Forest land exchange.
Sec. 302. Anaktuvuk Pass land exchange.
Sec. 303. Alaska Peninsula subsurface consolidation.
Sec. 304. Snowbasin Land Exchange Act.
Sec. 305. Arkansas and Oklahoma land exchange.
Sec. 306. Big Thicket National Preserve.
Sec. 307. Lost Creek land exchange.
Sec. 308. Cleveland National Forest land exchange.
Sec. 309. Sand Hollow land exchange.
Sec. 310. Bureau of Land Management authorization for fiscal years 1997
through 2002.
Sec. 311. Kenai Natives Association land exchange.
TITLE IV--RIVERS AND TRAILS
Sec. 401. Rio Puerco watershed.
Sec. 402. Old Spanish Trail.
Sec. 403. Great Western Scenic Trail.
Sec. 404. Hanford Reach Preservation.
Sec. 405. Lamprey Wild and Scenic River.
Sec. 406. West Virginia National Rivers Amendments of 1996.
Sec. 407. Technical amendment to the Wild and Scenic Rivers Act.
Sec. 408. Protection of North St. Vrain Creek, Colorado.
TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
Sec. 501. The Selma to Montgomery National Historic Trail.
Sec. 502. Vancouver National Historic Reserve.
Sec. 503. Extension of Kaloko-Honokohau Advisory Commission.
Sec. 504. Amendment to Boston National Historic Park Act.
Sec. 505. Women's Rights National Historic Park.
Sec. 506. Black Patriots Memorial Extention.
Sec. 507. Historically black colleges and universities historic building
restoration and preservation.
Sec. 508. Memorial to Martin Luther King, Jr.
Sec. 509. Advisory Council on Historic Preservation reauthorization.
Sec. 510. Great Falls Historic District, New Jersey.
Sec. 511. New Bedford National Historic Landmark District.
Sec. 512. Nicodemus National Historic Site.
Sec. 513. Unalaska.
Sec. 514. Japanese American Patriotism Memorial.
Sec. 515. Manzanar National Historic Site.
Sec. 516. Recognition and designation of the AIDS Memorial Grove as
national memorial.
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES
Sec. 601. United States Civil War Center.
Sec. 602. Corinth, Mississippi, Battlefield Act.
Sec. 603. Revolutionary War and War of 1812 Historic Preservation Study.
Sec. 604. American battlefield protection program.
Sec. 605. Chickamauga and Chattanooga National Military Parks.
Sec. 606. Shenandoah Valley battlefields.
Sec. 607. Washita Battlefield.
TITLE VII--FEES
Sec. 701. Ski area permit rental charge.
Sec. 702. Delaware Water Gap.
Sec. 703. Glacier Bay National Park.
TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS
Sec. 801. Limitation on park buildings.
Sec. 802. Appropriations for transportation of children.
Sec. 803. Feral burros and horses.
Sec. 804. Authorities of the Secretary of the Interior relating to
museums.
Sec. 805. Volunteers in parks increase.
Sec. 806. Carl Garner Federal Lands Cleanup Day.
Sec. 807. Fort Pulaski National Monument, Georgia.
Sec. 808. Laura C. Hudson Visitor Center.
Sec. 809. Robert J. Lagomarsino Visitor Center.
Sec. 810. Expenditure of funds outside authorized boundary of Rocky
Mountain National Park.
Sec. 811. Dayton aviation.
Sec. 812. Prohibition on certain transfers of national forest lands.
Sec. 813. Grand Lake Cemetery.
Sec. 814. National Park Service administrative reform.
Sec. 815. William B. Smullin Visitor Center.
Sec. 816. Calumet Ecological Park.
Sec. 817. Acquisition of certain property on Santa Cruz Island.
Sec. 818. National Park Agreements.
TITLE IX--HERITAGE AREAS
Sec. 901. Blackstone River Valley National Heritage Corridor.
Sec. 902. Illinois and Michigan Canal National Heritage Corridor.
TITLE X--MISCELLANEOUS
Subtitle A--Tallgrass Prairie National Preserve
Sec. 1001. Short title.
Sec. 1002. Findings and purposes.
Sec. 1003. Definitions.
Sec. 1004. Establishment of Tallgrass Prairie National Preserve.
Sec. 1005. Administration of National Preserve.
Sec. 1006. Limited authority to acquire.
Sec. 1007. Advisory Committee.
Sec. 1008. Restriction on authority.
Sec. 1009. Authorization of appropriations.
Subtitle B--Sterling Forest
Sec. 1011. Palisades Interstate Park Commission.
Subtitle C--Additional Provisions
Sec. 1021. Recreation lakes.
Sec. 1022. Bisti/De-Na-Zin Wilderness expansion and fossil forest
protection.
Sec. 1023. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1024. Upper Klamath Basin ecological restoration projects.
Sec. 1025. Deschutes Basin ecosystem restoration projects.
Sec. 1026. Bull Run protection.
Sec. 1027. Oregon Islands Wilderness, additions.
Sec. 1028. Umpqua River land exchange study: policy and direction.
Sec. 1029. Boston Harbor Islands Recreation Area.
Sec. 1030. Natchez National Historical Park.
Sec. 1031. Substitution of timber for canceled timber sale.
Sec. 1032. Rural electric and telephone facilities.
Sec. 1033. Federal borough recognition.
Sec. 1034. Extension of statute of limitations.
Sec. 1035. Regulation of fishing in certain waters of Alaska.
Sec. 1036. Credit for reconveyance.
Sec. 1037. Radio site report.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT
Sec. 1101. Program funding.
DIVISION II
TITLE I--NATIONAL COAL HERITAGE AREA
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Establishment.
Sec. 104. Contractual agreement.
Sec. 105. Eligible resources.
Sec. 106. Coal heritage management plan.
Sec. 107. Sunset.
Sec. 108. Authorization of appropriations.
TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA
Sec. 201. Findings and purposes.
Sec. 202. Definitions.
Sec. 203. Tennessee Civil War Heritage Area.
Sec. 204. Compact.
Sec. 205. Management.
Sec. 206. Duties and authorities of Secretary.
Sec. 207. Savings provisions.
Sec. 208. Sunset.
Sec. 209. Authorization of appropriations.
TITLE III--AUGUSTA CANAL NATIONAL HERITAGE AREA
Sec. 301. Findings.
Sec. 302. Purpose.
Sec. 303. Designation of Augusta Canal National Heritage Area.
Sec. 304. Management.
Sec. 305. Management plan.
Sec. 306. Grants and technical assistance.
Sec. 307. Acquisition of real property.
Sec. 308. Occupational, safety, conservation, and environmental
regulation.
Sec. 309. Land use regulation.
Sec. 310. Sunset.
Sec. 311. Authorization of appropriations.
TITLE IV--STEEL INDUSTRY HERITAGE PROJECT
Sec. 401. Short title.
Sec. 402. Findings and purpose.
Sec. 403. Steel Industry American Heritage Area.
Sec. 404. Compact.
Sec. 405. Management plan.
Sec. 406. Authorities and duties of management entity.
Sec. 407. Duties and authorities of Federal agencies.
Sec. 408. Sunset.
Sec. 409. Authorization of appropriations.
TITLE V--ESSEX NATIONAL HERITAGE AREA
Sec. 501. Findings and purpose.
Sec. 502. Definitions.
Sec. 503. Designation of National Heritage Area.
Sec. 504. Management entity.
Sec. 505. Duties of the Secretary.
Sec. 506. Private property.
Sec. 507. Sunset.
Sec. 508. Authorization of appropriations.
TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
Sec. 601. Short title.
Sec. 602. Findings and purpose.
Sec. 603. Definitions.
Sec. 604. South Carolina National Heritage Corridor.
Sec. 605. Management entity.
Sec. 606. Duties of the Secretary.
Sec. 607. Sunset.
Sec. 608. Authorization of appropriations.
TITLE VII--AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP
Sec. 701. Findings and purposes.
Sec. 702. Definitions.
Sec. 703. Establishment of the America's Agricultural Heritage
Partnership.
Sec. 704. Establishment of the America's Agricutural Heritage
Partnership management entity.
Sec. 705. Partnership management plan.
Sec. 706. Land use regulation and private property protection.
Sec. 707. Sunset.
Sec. 708. Authorization of appropriations.
TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
Sec. 801. Short title.
Sec. 802. Findings and purpose.
Sec. 803. Definitions.
Sec. 804. Ohio & Erie Canal National Heritage Corridor.
Sec. 805. The Ohio & Erie National Canal Heritage Corridor Committee.
Sec. 806. Powers and duties of the National Heritage Corridor Committee.
Sec. 807. Management entity.
Sec. 808. Duties of the management entity.
Sec. 809. Duties and authorities of Federal agencies.
Sec. 810. Lack of effect on land use regulation and private property.
Sec. 811. Sunset.
Sec. 812. Authorization of appropriations.
TITLE IX--HUDSON RIVER VALLEY NATIONAL HERITAGE AREA
Sec. 901. Short title.
Sec. 902. Findings.
Sec. 903. Purposes.
Sec. 904. Hudson River Valley American Heritage Area.
Sec. 905. Compact.
Sec. 906. Management plan.
Sec. 907. Authorities and duties of management entities.
Sec. 908. Duties and authorities of Federal agencies.
Sec. 909. Authorization of appropriations.
Sec. 910. Sunset.
DIVISION I
TITLE I--THE PRESIDIO OF SAN FRANCISCO
SEC. 101. FINDINGS.
The Congress finds that--
(1) the Presidio, located amidst the incomparable scenic
splendor of the Golden Gate, is one of America's great natural and
historic sites;
(2) the Presidio is the oldest continuously operated military
post in the Nation dating from 1776, and was designated a National
Historic Landmark in 1962;
(3) preservation of the cultural and historic integrity of the
Presidio for public use recognizes its significant role in the
history of the United States;
(4) the Presidio, in its entirety, is a part of the Golden Gate
National Recreation Area, in accordance with Public Law 92-589;
(5) as part of the Golden Gate National Recreation Area, the
Presidio's significant natural, historic, scenic, cultural, and
recreational resources must be managed in a manner which is
consistent with sound principles of land use planning and
management, and which protects the Presidio from development and
uses which would destroy the scenic beauty and historic and natural
character of the area and cultural and recreational resources;
(6) removal and/or replacement of some structures within the
Presidio must be considered as a management option in the
administration of the Presidio; and
(7) the Presidio will be managed through an innovative public/
private partnership that minimizes cost to the United States
Treasury and makes efficient use of private sector resources.
SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF THE
INTERIOR.
(a) Interim Authority.--The Secretary of the Interior (hereinafter
in this title referred to as the ``Secretary'') is authorized to manage
leases in existence on the date of this Act for properties under the
administrative jurisdiction of the Secretary and located at the
Presidio. Upon the expiration of any such lease, the Secretary may
extend such lease for a period terminating not later than 6 months
after the first meeting of the Presidio Trust. The Secretary may not
enter into any new leases for property at the Presidio to be
transferred to the Presidio Trust under this title, however, the
Secretary is authorized to enter into agreements for use and occupancy
of the Presidio properties which are assignable to the Trust and are
terminable with 30 days notice. Prior to the transfer of administrative
jurisdiction over any property to the Presidio Trust, and
notwithstanding section 1341 of title 31 of the United States Code, the
proceeds from any such lease shall be retained by the Secretary and
such proceeds shall be available, without further appropriation, for
the preservation, restoration, operation and maintenance, improvement,
repair and related expenses incurred with respect to Presidio
properties. The Secretary may adjust the rental charge on any such
lease for any amounts to be expended by the lessee for preservation,
maintenance, restoration, improvement, repair and related expenses with
respect to properties and infrastructure within the Presidio.
(b) Public Information and Interpretation.--The Secretary shall be
responsible, in cooperation with the Presidio Trust, for providing
public interpretive services, visitor orientation and educational
programs on all lands within the Presidio.
(c) Other.--Those lands and facilities within the Presidio that are
not transferred to the administrative jurisdiction of the Presidio
Trust shall continue to be managed by the Secretary. The Secretary and
the Presidio Trust shall cooperate to ensure adequate public access to
all portions of the Presidio. Any infrastructure and building
improvement projects that were funded prior to the enactment of this
Act shall be completed by the National Park Service.
(d) Park Service Employees.--(1) Any career employee of the
National Park Service, employed at the Presidio at the time of the
transfer of lands and facilities to the Presidio Trust, shall not be
separated from the Service by reason of such transfer, unless such
employee is employed by the Trust, other than on detail.
Notwithstanding section 3503 of title 5, United States Code, the Trust
shall have sole discretion over whether to hire any such employee or
request a detail of such employee.
(2) Any career employee of the National Park Service employed at
the Presidio on the date of enactment of this title shall be given
priority placement for any available position within the National Park
System notwithstanding any priority reemployment lists, directives,
rules, regulations or other orders from the Department of the Interior,
the Office of Management and Budget, or other Federal agencies.
SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.
(a) Establishment.--There is established a wholly owned government
corporation to be known as the Presidio Trust (hereinafter in this
title referred to as the ``Trust'').
(b) Transfer.--(1) Within 60 days after receipt of a request from
the Trust for the transfer of any parcel within the area depicted as
Area B on the map entitled ``Presidio Trust Number 1'', dated December
7, 1995, the Secretary shall transfer such parcel to the administrative
jurisdiction of the Trust. Within 1 year after the first meeting of the
Board of Directors of the Trust, the Secretary shall transfer to the
Trust administrative jurisdiction over all remaining parcels within
Area B. Such map shall be on file and available for public inspection
in the offices of the Trust and in the offices of the National Park
Service, Department of the Interior. The Trust and the Secretary may
jointly make technical and clerical revisions in the boundary depicted
on such map. The Secretary shall retain jurisdiction over those
portions of the building identified as number 102 as the Secretary
deems essential for use as a visitor center. The Building shall be
named the ``William Penn Mott Visitor Center''. Any parcel of land, the
jurisdiction over which is transferred pursuant to this subsection,
shall remain within the boundary of the Golden Gate National Recreation
Area. With the consent of the Secretary, the Trust may at any time
transfer to the administrative jurisdiction of the Secretary any other
properties within the Presidio which are surplus to the needs of the
Trust and which serve essential purposes of the Golden Gate National
Recreation Area. The Trust is encouraged to transfer to the
administrative jurisdiction of the Secretary open space areas which
have high public use potential and are contiguous to other lands
administrated by the Secretary.
(2) Within 60 days after the first meeting of the Board of
Directors of the Trust, the Trust and the Secretary shall determine
cooperatively which records, equipment, and other personal property are
deemed to be necessary for the immediate administration of the
properties to be transferred, and the Secretary shall immediately
transfer such personal property to the Trust. Within 1 year after the
first meeting of the Board of Directors of the Trust, the Trust and the
Secretary shall determine cooperatively what, if any, additional
records, equipment, and other personal property used by the Secretary
in the administration of the properties to be transferred should be
transferred to the Trust.
(3) The Secretary shall transfer, with the transfer of
administrative jurisdiction over any property, the unobligated balance
of all funds appropriated to the Secretary, all leases, concessions,
licenses, permits, and other agreements affecting such property.
(4) At the request of the Trust, the Secretary shall provide funds
to the Trust for preparation of the program required under section
104(c) of this title, hiring of initial staff and other activities
deemed by the Trust as essential to the establishment of the Trust
prior to the transfer of properties to the Trust.
(c) Board of Directors.--
(1) In general.--The powers and management of the Trust shall
be vested in a Board of Directors (hereinafter referred to as the
``Board'') consisting of the following 7 members:
(A) The Secretary of the Interior or the Secretary's
designee.
(B) 6 individuals, who are not employees of the Federal
Government, appointed by the President, who shall possess
extensive knowledge and experience in one or more of the fields
of city planning, finance, real estate development, and
resource conservation. At least one of these individuals shall
be a veteran of the Armed Services. At least 3 of these
individuals shall reside in the San Francisco Bay Area. The
President shall make the appointments referred to in this
subparagraph within 90 days after the enactment of this Act and
shall ensure that the fields of city planning, finance, real
estate development, and resource conservation are adequately
represented. Upon establishment of the Trust, the Chairman of
the Board of Directors of the Trust shall meet with the
Chairman of the Energy and Natural Resources Committee of the
United States Senate and the Chairman of the Resources
Committee of the United States House of Representatives.
(2) Terms.--Members of the Board appointed under paragraph
(1)(B) shall each serve for a term of 4 years, except that of the
members first appointed, 3 shall serve for a term of 2 years. Any
vacancy in the Board shall be filled in the same manner in which
the original appointment was made, and any member appointed to fill
a vacancy shall serve for the remainder of that term for which his
or her predecessor was appointed. No appointed member may serve
more than 8 years in consecutive terms.
(3) Quorum.--Four members of the Board shall constitute a
quorum for the conduct of business by the Board.
(4) Organization and compensation.--The Board shall organize
itself in such a manner as it deems most appropriate to effectively
carry out the authorized activities of the Trust. Board members
shall serve without pay, but may be reimbursed for the actual and
necessary travel and subsistence expenses incurred by them in the
performance of the duties of the Trust.
(5) Liability of directors.--Members of the Board of Directors
shall not be considered Federal employees by virtue of their
membership on the Board, except for purposes of the Federal Tort
Claims Act and the Ethics in Government Act, and the provisions of
chapter 11 of title 18, United States Code.
(6) Meetings.--The Board shall meet at least three times per
year in San Francisco and at least two of those meetings shall be
open to the public. Upon a majority vote, the Board may close any
other meetings to the public. The Board shall establish procedures
for providing public information and opportunities for public
comment regarding policy, planning, and design issues. The Board
may establish procedures for providing public information and
opportunities for public comment regarding policy, planning, and
design issues through the Golden Gate National Recreation Area
Advisory Commission.
(7) Staff.--The Trust is authorized to appoint and fix the
compensation and duties of an executive director and such other
officers and employees as it deems necessary without regard to the
provisions of title 5, United States Code, governing appointments
in the competitive service, and may pay them without regard to the
provisions of chapter 51, and subchapter III of chapter 53, title
5, United States Code, relating to classification and General
Schedule pay rates.
(8) Necessary powers.--The Trust shall have all necessary and
proper powers for the exercise of the authorities vested in it.
(9) Taxes.--The Trust and all properties administered by the
Trust shall be exempt from all taxes and special assessments of
every kind by the State of California, and its political
subdivisions, including the City and County of San Francisco.
(10) Government corporation.--(A) The Trust shall be treated as
a wholly owned Government corporation subject to chapter 91 of
title 31, United States Code (commonly referred to as the
Government Corporation Control Act). Financial statements of the
Trust shall be audited annually in accordance with section 9105 of
title 31 of the United States Code.
(B) At the end of each calendar year, the Trust shall submit to
the Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the House of
Representatives a comprehensive and detailed report of its
operations, activities, and accomplishments for the prior fiscal
year. The report also shall include a section that describes in
general terms the Trust's goals for the current fiscal year.
SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST.
(a) Overall Requirements of the Trust.--The Trust shall manage the
leasing, maintenance, rehabilitation, repair and improvement of
property within the Presidio under its administrative jurisdiction
using the authorities provided in this section, which shall be
exercised in accordance with the purposes set forth in section 1 of the
Act entitled ``An Act to establish the Golden Gate National Recreation
Area in the State of California, and for other purposes'', approved
October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C. 460bb),
and in accordance with the general objectives of the General Management
Plan (hereinafter referred to as the ``management plan'') approved for
the Presidio.
(b) Authorities.--The Trust may participate in the development of
programs and activities at the properties transferred to the Trust,
except that the Trust shall have the authority to negotiate and enter
into such agreements, leases, contracts and other arrangements with any
person, firm, association, organization, corporation or governmental
entity, including, without limitation, entities of Federal, State and
local governments as are necessary and appropriate to carry out its
authorized activities. Any such agreement may be entered into without
regard to section 321 of the Act of June 30, 1932 (40 U.S.C. 303b). The
Trust shall establish procedures for lease agreements and other
agreements for use and occupancy of Presidio facilities, including a
requirement that in entering into such agreements the Trust shall
obtain reasonable competition. The Trust may not dispose of or convey
fee title to any real property transferred to it under this title.
Federal laws and regulations governing procurement by Federal agencies
shall not apply to the Trust, with the exception of laws and
regulations related to Federal government contracts governing working
conditions and wage rates, including the provisions of sections 276a-
276a-6 of title 40, United States Code (Davis-Bacon Act), and any civil
rights provisions otherwise applicable thereto. The Trust, in
consultation with the Administrator of Federal Procurement Policy,
shall establish and promulgate procedures applicable to the Trust's
procurement of goods and services including, but not limited to, the
award of contracts on the basis of contractor qualifications, price,
commercially reasonable buying practices, and reasonable competition.
(c) Management Program.--The Trust shall develop a comprehensive
program for management of those lands and facilities within the
Presidio which are transferred to the administrative jurisdiction of
the Trust. Such program shall be designed to reduce expenditures by the
National Park Service and increase revenues to the Federal Government
to the maximum extent possible. In carrying out this program, the Trust
shall be treated as a successor in interest to the National Park
Service with respect to compliance with the National Environmental
Policy Act and other environmental compliance statutes. Such program
shall consist of--
(1) demolition of structures which in the opinion of the Trust,
cannot be cost-effectively rehabilitated, and which are identified
in the management plan for demolition,
(2) evaluation for possible demolition or replacement those
buildings identified as categories 2 through 5 in the Presidio of
San Francisco Historic Landmark District Historic American
Buildings Survey Report, dated 1985,
(3) new construction limited to replacement of existing
structures of similar size in existing areas of development, and
(4) examination of a full range of reasonable options for
carrying out routine administrative and facility management
programs.
The Trust shall consult with the Secretary in the preparation of this
program.
(d) Financial Authorities.--To augment or encourage the use of non-
Federal funds to finance capital improvements on Presidio properties
transferred to its jurisdiction, the Trust, in addition to its other
authorities, shall have the following authorities subject to the
Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.):
(1) The authority to guarantee any lender against loss of
principal or interest on any loan: Provided, That--
(A) the terms of the guarantee are approved by the
Secretary of the Treasury;
(B) adequate subsidy budget authority is provided in
advance in appropriations Acts; and
(C) such guarantees are structured so as to minimize
potential cost to the Federal Government. No loan guarantee
under this title shall cover more than 75 percent of the unpaid
balance of the loan. The Trust may collect a fee sufficient to
cover its costs in connection with each loan guaranteed under
this title. The authority to enter into any such loan guarantee
agreement shall expire at the end of 15 years after the date of
enactment of this title.
(2) The authority, subject to appropriations, to make loans to
the occupants of property managed by the Trust for the
preservation, restoration, maintenance, or repair of such property.
(3) The authority to issue obligations to the Secretary of the
Treasury, but only if the Secretary of the Treasury agrees to
purchase such obligations after determining that the projects to be
funded from the proceeds thereof are credit worthy and that a
repayment schedule is established and only to the extent authorized
in advance in appropriations acts. The Secretary of the Treasury is
authorized to use as a public debt transaction the proceeds from
the sale of any securities issued under chapter 31 of title 31,
United States Code, and the purposes for which securities may be
issued under such chapter are extended to include any purchase of
such notes or obligations acquired by the Secretary of the Treasury
under this subsection. Obligations issued under this subparagraph
shall be in such forms and denominations, bearing such maturities,
and subject to such terms and conditions, as may be prescribed by
the Secretary of the Treasury, and shall bear interest at a rate
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. No funds
appropriated to the Trust may be used for repayment of principal or
interest on, or redemption of, obligations issued under this
paragraph.
(4) The aggregate amount of obligations issued under this
subsection which are outstanding at any one time may not exceed
$50,000,000.
(e) Donations.--The Trust may solicit and accept donations of
funds, property, supplies, or services from individuals, foundations,
corporations, and other private or public entities for the purpose of
carrying out its duties. The Trust is encouraged to maintain a liaison
with the Golden Gate National Park Association.
(f) Public Agency.--The Trust shall be deemed to be a public agency
for purposes of entering into joint exercise of powers agreements
pursuant to California government code section 6500 and related
provisions of that Code.
(g) Proceeds.--Notwithstanding section 1341 of title 31 of the
United States Code, all proceeds received by the Trust shall be
retained by the Trust, and such proceeds shall be available, without
further appropriation, for the administration, preservation,
restoration, operation and maintenance, improvement, repair and related
expenses incurred with respect to Presidio properties under its
administrative jurisdiction. The Secretary of the Treasury shall invest
excess moneys of the Trust in public debt securities which shall bear
interest at rates determined by the Secretary of the Treasury taking
into consideration the current average market yield on outstanding
marketable obligations of the United States of comparable maturity.
(h) Suits.--The Trust may sue and be sued in its own name to the
same extent as the Federal Government. Litigation arising out of the
activities of the Trust shall be conducted by the Attorney General;
except that the Trust may retain private attorneys to provide advice
and counsel. The District Court for the Northern District of California
shall have exclusive jurisdiction over any suit filed against the
Trust.
(i) Memorandum of Agreement.--The Trust shall enter into a
Memorandum of Agreement with the Secretary, acting through the Chief of
the United States Park Police, for the conduct of law enforcement
activities and services within those portions of the Presidio
transferred to the administrative jurisdiction of the Trust.
(j) Bylaws, Rules, and Regulations.--The Trust may adopt, amend,
repeal, and enforce bylaws, rules and regulations governing the manner
in which its business may be conducted and the powers vested in it may
be exercised. The Trust is authorized, in consultation with the
Secretary, to adopt and to enforce those rules and regulations that are
applicable to the Golden Gate National Recreation Area and that may be
necessary and appropriate to carry out its duties and responsibilities
under this title. The Trust shall give notice of the adoption of such
rules and regulations by publication in the Federal Register.
(k) Direct Negotiations.--For the purpose of compliance with
applicable laws and regulations concerning properties transferred to
the Trust by the Secretary, the Trust shall negotiate directly with
regulatory authorities.
(l) Insurance.--The Trust shall require that all leaseholders and
contractors procure proper insurance against any loss in connection
with properties under lease or contract, or the authorized activities
granted in such lease or contract, as is reasonable and customary.
(m) Building Code Compliance.--The Trust shall bring all properties
under its administrative jurisdiction into compliance with Federal
building codes and regulations appropriate to use and occupancy within
10 years after the enactment of this title to the extent practicable.
(n) Leasing.--In managing and leasing the properties transferred to
it, the Trust shall consider the extent to which prospective tenants
contribute to the implementation of the General Management Plan for the
Presidio and to the reduction of cost to the Federal Government. The
Trust shall give priority to the following categories of tenants:
Tenants that enhance the financial viability of the Presidio and
tenants that facilitate the cost-effective preservation of historic
buildings through their reuse of such buildings.
(o) Reversion.--If, at the expiration of 15 years, the Trust has
not accomplished the goals and objectives of the plan required in
section 105(b) of this title, then all property under the
administrative jurisdiction of the Trust pursuant to section 103(b) of
this title shall be transferred to the Administrator of the General
Services Administration to be disposed of in accordance with the
procedures outlined in the Defense Authorization Act of 1990 (104 Stat.
1809), and any real property so transferred shall be deleted from the
boundary of the GoldenGate National Recreation Area. In the event of
such transfer, the terms and conditions of all agreements and loans
regarding such lands and facilities entered into by the Trust shall be
binding on any successor in interest.
SEC. 105. LIMITATIONS ON FUNDING.
(a)(1) From amounts made available to the Secretary for the
operation of areas within the Golden Gate National Recreation Area, not
more than $25,000,000 shall be available to carry out this title in
each fiscal year after the enactment of this title until the plan is
submitted under subsection (b). Such sums shall remain available until
expended.
(2) After the plan required in subsection (b) is submitted, and for
each of the 14 fiscal years thereafter, there are authorized to be
appropriated to the Trust not more than the amounts specified in such
plan. Such sums shall remain available until expended. Of such sums,
not more than $3,000,000 annually shall be available through the Trust
for law enforcement activities and services to be provided by the
United States Park Police at the Presidio in accordance with section
104(h) of this title.
(b) Within 1 year after the first meeting of the Board of Directors
of the Trust, the Trust shall submit to Congress a plan which includes
a schedule of annual decreasing federally appropriated funding that
will achieve, at a minimum, self-sufficiency for the Trust within 15
complete fiscal years after such meeting of the Trust. No further funds
shall be authorized for the Trust 15 years after the first meeting of
the Board of Directors of the Trust.
(c) The Administrator of the General Services Administration shall
provide necessary assistance, including detailees as necessary, to the
Trust in the formulation and submission of the annual budget request
for the administration, operation, and maintenance of the Presidio.
SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.
(a) Three years after the first meeting of the Board of Directors
of the Trust, the General Accounting Office shall conduct an interim
study of the activities of the Trust and shall report the results of
the study to the Committee on Energy and Natural Resources and the
Committee on Appropriations of the United States Senate, and the
Committee on Resources and Committee on Appropriations of the House of
Representatives. The study shall include, but shall not be limited to,
details of how the Trust is meeting its obligations under this title.
(b) In consultation with the Trust, the General Accounting Office
shall develop an interim schedule and plan to reduce and replace the
Federal appropriations to the extent practicable for interpretive
services conducted by the National Park Service, and law enforcement
activities and services, fire and public safety programs conducted by
the Trust.
(c) Seven years after the first meeting of the Board of Directors
of the Trust, the General Accounting Office shall conduct a
comprehensive study of the activities of the Trust, including the
Trust's progress in meeting its obligations under this title, taking
into consideration the results of the study described in subsection (a)
and the implementation of plan and schedule required in subsection (b).
The General Accounting Office shall report the results of the study,
including any adjustments to the plan and schedule, to the Committee on
Energy and Natural Resources and the Committee on Appropriations of the
United States Senate, and the Committee on Resources and Committee on
Appropriations of the House of Representatives.
TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES
SEC. 201. YUCCA HOUSE NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
(a) In General.--The boundaries of Yucca House National Monument
are revised to include the approximately 24.27 acres of land generally
depicted on the map entitled ``Boundary--Yucca House National Monument,
Colorado'', numbered 318/80,001-B, and dated February 1990.
(b) Map.--The map referred to in subsection (a) shall be on file
and available for public inspection in appropriate offices of the
National Park Service of the Department of the Interior.
(c) Acquisition.--
(1) In general.--Within the lands described in subsection (a),
the Secretary of the Interior may acquire lands and interests in
lands by donation.
(2) The Secretary of the Interior may pay administrative costs
arising out of any donation described in paragraph (1) with
appropriated funds.
SEC. 202. ZION NATIONAL PARK BOUNDARY ADJUSTMENT.
(a) Acquisition and Boundary Change.--The Secretary of the Interior
is authorized to acquire by exchange approximately 5.48 acres located
in the SW\1/4\ of Section 28, Township 41 South, Range 10 West, Salt
Lake Base and Meridian. In exchange therefor the Secretary is
authorized to convey all right, title, and interest of the United
States in and to approximately 5.51 acres in Lot 2 of Section 5,
Township 41 South, Range 11 West, both parcels of land being in
Washington County, Utah. Upon completion of such exchange, the
Secretary is authorized to revise the boundary of Zion National Park to
add the 5.48 acres in section 28 to the park and to exclude the 5.51
acres in section 5 from the park. Land added to the park shall be
administered as part of the park in accordance with the laws and
regulations applicable thereto.
(b) Expiration.--The authority granted by this section shall expire
2 years after the date of the enactment of this Act.
SEC. 203. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY ADJUSTMENT.
The boundary of Pictured Rocks National Lakeshore is hereby
modified as depicted on the map entitled ``Area Proposed for Addition
to Pictured Rocks National Lakeshore'', numbered 625-80,043A, and dated
July 1992.
SEC. 204. INDEPENDENCE NATIONAL HISTORICAL PARK BOUNDARY
ADJUSTMENT.
The administrative boundary between Independence National
Historical Park and the United States Customs House along the Moravian
Street Walkway in Philadelphia, Pennsylvania, is hereby modified as
generally depicted on the drawing entitled ``Exhibit 1, Independence
National Historical Park, Boundary Adjustment'', and dated May 1987,
which shall be on file and available for public inspection in the
Office of the National Park Service, Department of the Interior. The
Secretary of the Interior is authorized to accept and transfer
jurisdiction over property in accord with such administrative boundary,
as modified by this section.
SEC. 205. CRATERS OF THE MOON NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
(a) Boundary Revision.--The boundary of Craters of the Moon
National Monument, Idaho, is revised to add approximately 210 acres and
to delete approximately 315 acres as generally depicted on the map
entitled ``Craters of the Moon National Monument, Idaho, Proposed 1987
Boundary Adjustment'', numbered 131-80,008, and dated October 1987,
which map shall be on file and available for public inspection in the
office of the National Park Service, Department of the Interior.
(b) Administration and Acquisition.--Federal lands and interests
therein deleted from the boundary of the national monument by this
section shall be administered by the Secretary of the Interior through
the Bureau of Land Management in accordance with the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), and Federal
lands and interests therein added to the national monument by this
section shall be administered by the Secretary as part of the national
monument, subject to the laws and regulations applicable thereto. The
Secretary is authorized to acquire private lands and interests therein
within the boundary of the national monument by donation, purchase with
donated or appropriated funds, or exchange, and when acquired they
shall be administered by the Secretary as part of the national
monument, subject to the laws and regulations applicable thereto.
SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.
Section 302 of the Arizona-Idaho Conservation Act of 1988 (102
Stat. 4576) is amended by adding the following new subsection after
subsection (c):
``(d) To further the purposes of the monument, the Secretary is
also authorized to acquire from willing sellers only, by donation,
purchase with donated or appropriated funds, or exchange not to exceed
65 acres outside the boundary depicted on the map referred to in
section 301 and develop and operate thereon research, information,
interpretive, and administrative facilities. Lands acquired and
facilities developed pursuant to this subsection shall by administered
by the Secretary as part of the monument. The boundary of the monument
shall be modified to include the lands added under this subsection as a
non-contiguous parcel.''.
SEC. 207. WUPATKI NATIONAL MONUMENT BOUNDARY ADJUSTMENT.
The boundaries of the Wupatki National Monument, Arizona, are
hereby revised to include the lands and interests in lands within the
area generally depicted as ``Proposed Addition 168.89 Acres'' on the
map entitled ``Boundary--Wupatki and Sunset Crater National Monuments,
Arizona'', numbered 322-80,021, and dated April 1989. The map shall be
on file and available for public inspection in the Office of the
National Park Service, Department of the Interior. Subject to valid
existing rights, Federal lands and interests therein within the area
added to the monument by this section are hereby transferred without
monetary consideration or reimbursement to the administrative
jurisdiction of the National Park Service, to be administered as part
of the monument in accordance with the laws and regulations applicable
thereto.
SEC. 208. WALNUT CANYON NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) Purpose.--The purpose of this section is to modify the
boundaries of the Walnut Canyon National Monument (hereafter in this
section referred to as the ``national monument'') to improve management
of the national monument and associated resources.
(b) Boundary Modification.--Effective on the date of enactment of
this Act, the boundaries of the national monument shall be modified as
depicted on the map entitled ``Boundary Proposal--Walnut Canyon
National Monument, Coconino County, Arizona'', numbered 360/80,010, and
dated September 1994. Such map shall be on file and available for
public inspection in the offices of the Director of the National Park
Service, Department of the Interior. The Secretary of the Interior, in
consultation with the Secretary of Agriculture, is authorized to make
technical and clerical corrections to such map.
(c) Acquisition and Transfer of Property.--The Secretary of the
Interior is authorized to acquire lands and interest in lands within
the national monument, by donation, purchase with donated or
appropriated funds, or exchange. Federal property within the boundaries
of thenational monument (as modified by this section) is hereby
transferred to the administrative jurisdiction of the Secretary of the
Interior for management as part of the national monument. Federal
property excluded from the monument pursuant to the boundary
modification under subsection (b) is hereby transferred to the
administrative jurisdiction of the Secretary of Agriculture to be
managed as a part of the Coconino National Forest.
(d) Administration.--The Secretary of the Interior, acting through
the Director of the National Park Service, shall manage the national
monument in accordance with this title and the provisions of law
generally applicable to units of the National Park Service, including
``An Act to establish a National Park Service, and for other purposes''
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4).
(e) Authorization of Appropriations.--There are hereby authorized
to be appropriated such sums as may be necessary to carry out this
section.
SEC. 209. BUTTE COUNTY, CALIFORNIA LAND CONVEYANCE.
(a) Purpose.--It is the purpose of this section to authorize and
direct the Secretary of Agriculture to convey, without consideration,
certain lands in Butte County, California, to persons claiming to have
been deprived of title to such lands.
(b) Definitions.--For the purpose of this section:
(1) The term ``affected lands'' means those Federal lands
located in the Plumas National Forest in Butte County, California,
in sections 11, 12, 13, and 14, township 21 north, range 5 East,
Mount Diablo Meridian, as described by the dependent resurvey by
the Bureau of Land Management conducted in 1992, and subsequent
Forest Service land line location surveys, including all adjoining
parcels where the property line as identified by the 1992 BLM
dependent resurvey and National Forest boundary lines before such
dependent resurvey are not coincident.
(2) The term ``claimant'' means an owner of real property in
Butte County, California, whose real property adjoins Plumas
National Forest lands described in paragraph (1), who claims to
have been deprived by the United States of title to property as a
result of previous erroneous surveys.
(3) The terms ``Secretary'' means the Secretary of Agriculture.
(c) Conveyance of Lands.--Notwithstanding any other provision of
law, the Secretary is authorized and directed to convey, without
consideration, all right, title, and interest of the United States in
and to affected lands as described in subsection (b)(1), to any
claimant or claimants, upon proper application from such claimant or
claimants, as provided in subsection (d).
(d) Notification.--Not later than 2 years after the date of
enactment of this Act, claimants shall notify the Secretary, through
the Forest Supervisor of the Plumas National Forest, in writing of
their claim to affected lands. Such claim shall be accompanied by--
(1) a description of the affected lands claimed;
(2) information relating to the claim of ownership of such
lands; and
(3) such other information as the Secretary may require.
(e) Issuance of Deed.--(1) Upon a determination by the Secretary
that issuance of a deed for affected lands is consistent with the
purpose and requirements of this section, the Secretary shall issue a
quit claim deed to such claimant for the parcel to be conveyed.
(2) Prior to the issuance of any such deed as provided in paragraph
(1), the Secretary shall ensure that--
(A) the parcel or parcels to be conveyed have been surveyed in
accordance with the Memorandum of Understanding between the Forest
Service andthe Bureau of Land Management, dated November 11, 1989;
(B) all new property lines established by such surveys have
been monumented and marked; and
(C) all terms and conditions necessary to protect third party
and Government Rights-of-Way or other interests are included in the
deed.
(3) The Federal Government shall be responsible for all surveys and
property line markings necessary to implement this subsection.
(f) Notification to BLM.--The Secretary shall submit to the
Secretary of the Interior an authenticated copy of each deed issued
pursuant to this section no later than 30 days after the date such deed
is issued.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as necessary to carry out the purposes of this
section.
SEC. 210. TAOS PUEBLO LAND TRANSFER.
(a) Transfer.--The parcel of land described in subsection (b) is
hereby transferred without consideration to the Secretary of the
Interior to be held in trust for the Pueblo de Taos. Such parcel shall
be a part of the Pueblo de Taos Reservation and shall be managed in
accordance with section 4 of the Act of May 31, 1933 (48 Stat. 108) (as
amended, including as amended by Public Law 91-550 (84 Stat. 1437)).
(b) Land Description.--The parcel of land referred to in subsection
(a) is the land that is generally depicted on the map entitled ``Lands
transferred to the Pueblo of Taos--proposed'' and dated September 1994,
comprises 764.33 acres, and is situated within sections 25, 26, 35, and
36, Township 27 North, Range 14 East, New Mexico Principal Meridian,
within the Wheeler Peak Wilderness, Carson National Forest, Taos
County, New Mexico.
(c) Conforming Boundary Adjustments.--The boundaries of the Carson
National Forest and the Wheeler Peak Wilderness are hereby adjusted to
reflect the transfer made by subsection (a).
(d) Resolution of Outstanding Claims.--The Congress finds and
declares that, as a result of the enactment of this section, the Taos
Pueblo has no unresolved equitable or legal claims against the United
States on the lands to be held in trust and to become part of the
Pueblo de Taos Reservation under this section.
SEC. 211. COLONIAL NATIONAL HISTORICAL PARK.
(a) Transfer and Rights-of-Way.--The Secretary of the Interior
(hereinafter in this section referred to as the ``Secretary'') is
authorized to transfer, without reimbursement, to York County,
Virginia, that portion of the existing sewage disposal system,
including related improvements and structures, owned by the United
States and located within the Colonial National Historical Park,
together with such rights-of-way as are determined by the Secretary to
be necessary to maintain and operate such system.
(b) Repair and Rehabilitation of System.--The Secretary is
authorized to enter into a cooperative agreement with York County,
Virginia, under which the Secretary will pay a portion, not to exceed
$110,000, of the costs of repair and rehabilitation of the sewage
disposal system referred to in subsection (a).
(c) Fees and Charges.--In consideration for the rights-of-way
granted under subsection (a), and in recognition of the National Park
Service's contribution authorized under subsection (b), the cooperative
agreement under subsection (b) shall provide for a reduction in, or the
elimination of, the amounts charged to the National Park Service for
its sewage disposal. The cooperative agreement shall also provide for
minimizing the impact of the sewage disposal system on the park and its
resources. Such system may not be enlarged or substantially altered
without National Park Service concurrence.
(d) Inclusion of Land in Colonial National Historical Park.--
Notwithstanding the provisions of the Act of June 28, 1938 (52 Stat.
1208; 16 U.S.C. 81b et seq.), limiting the average width of the
Colonial Parkway, the Secretary of the Interior is authorized to
include within the boundaries of Colonial National Historical Park and
to acquire by donation, exchange, or purchase with donated or
appropriated funds the lands or interests in lands (with or without
improvements) within the areas depicted on the map dated August 1993,
numbered 333/80031A, and entitled ``Page Landing Addition to Colonial
National Historical Park''. Such map shall be on file and available for
inspection in the offices of the National Park Service at Colonial
National Historical Park and in Washington, District of Columbia.
(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 212. CUPRUM, IDAHO RELIEF.
(a) Findings.--The Congress finds and declares that:
(1) In 1899, the citizens of Cuprum, Idaho, commissioned E.S.
Hesse to conduct a survey describing these lands occupied by their
community. The purpose of this survey was to provide a basis for
the application for a townsite patent.
(2) In 1909, the Cuprum Townsite patent (Number 52817) was
granted, based on an aliquot parts description which was intended
to circumscribe the Hesse survey.
(3) Since the day of the patent, the Hesse survey has been used
continuously by the community of Cuprum and by Adams County, Idaho,
as the official townsite plat and basis for conveyance of title
within the townsite.
(4) Recent boundary surveys conducted by the United States
Department of Agriculture, Forest Service, and the United States
Department of the Interior, Bureau of Land Management, discovered
inconsistencies between the official aliquot parts description of
the patented Cuprum Townsite and the Hesse survey. Many lots along
the south and east boundaries of the townsite are now known to
extend onto National Forest System lands outside the townsite.
(5) It is the determination of Congress that the original
intent of the Cuprum Townsite application was to include all the
lands described by the Hesse survey.
(b) Purpose.--It is the purpose of this section to amend the 1909
Cuprum Townsite patent to include those additional lands described by
the Hesse survey in addition to other lands necessary to provide an
administratively acceptable boundary to the National Forest System.
(c) Amendment of Patent.--The 1909 Cuprum Townsite patent is hereby
amended to include parcels 1 and 2, identified on the plat, marked as
``Township 20 North, Range 3 West, Boise Meridian, Idaho, Section 10:
Proposed Patent Adjustment Cuprum Townsite, Idaho'' prepared by Payette
N.F.--Land Survey Unit, drawn and approved by Tom Betzold, Forest Land
Surveyor, on April 25, 1995. Such additional lands are hereby conveyed
to the original patentee, Pitts Ellis, trustee, and Probate Judge of
Washington County, Idaho, or any successors or assigns in interest in
accordance with State law. The Secretary of Agriculture may correct
clerical and typographical errors in such plat.
(d) Survey.--The Federal Government shall survey the Federal
property lines and mark and post the boundaries necessary to implement
this section.
SEC. 213. RELINQUISHMENT OF INTEREST.
(a) In General.--The United States relinquishes all right, title,
and interest that the United States may have in land that--
(1) was subject to a right-of-way that was granted to the
predecessor of the Chicago and Northwestern Transportation Company
under the Act entitled ``An Act granting to railroads the right of
way through the public lands of the United States'', approved March
3, 1875 (42 U.S.C. 934 et seq.), which right-of-way the Company has
conveyed to the city of Douglas, Wyoming; and
(2) is located within the boundaries of the city limits of the
city of Douglas, Wyoming, or between the right-of-way of Interstate
25 and the city limits of the city of Douglas, Wyoming;
as determined by the Secretary of the Interior in consultation with the
appropriate officials of the city of Douglas, Wyoming.
(b) Conveyance.--As soon as practicable after the date of enactment
of this Act, the Secretary of the Interior shall file for recordation
in the real property records of Converse County, Wyoming, a deed or
other appropriate form of instrument conveying to the city of Douglas,
Wyoming, all right, title, and interest in the land described in
subsection (a).
(c) Conveyance of Certain Property to the Big Horn County School
District Number 1, Wyoming.--The Secretary of the Interior shall
convey, by quit claim deed, to the Big Horn County School District
Number 1, Wyoming, all right, title, and interest of the United States
in and to the following described lands in Big Horn County, Wyoming:
Lots 19-24 of Block 22, all within the town of Frannie, Wyoming, in the
S\1/2\NW\1/4\NW\1/4\ and N\1/2\SW\1/4\NW\1/4\ of section 31 of T. 58N.,
R. 97 W., Big Horn County.
SEC. 214. MODOC NATIONAL FOREST.
(a) In General.--The boundary of the Modoc National Forest is
hereby modified to include and encompass 760 acres, more or less, on
the following described lands: Mount Diablo Meridian, Lassen County,
California T. 38 N., R. 10 E., sec. 5, SE\1/4\NW\1/4\, E\1/2\SW\1/4\;
sec. 8, E\1/2\NE\1/4\, NE\1/4\NW\1/4\, NE\1/4\SE\1/4\, sec. 16, W\1/2\;
sec. 25, Lots 13, 14 and 15 (S\1/2\SW\1/4\, SW\1/4\SE\1/4\); T. 37 N.,
R. 11 E., sec. 20, NW\1/4\SE\1/4\.
(b) Rule for Land and Water Conservation Fund.--For the purposes of
section 7 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-9), the boundary of the Modoc National Forest, as modified
by this title, shall be considered to the boundary of the National
Forest as of January 1, 1995.
SEC. 215. CONVEYANCE TO CITY OF SUMPTER, OREGON.
(a) Conveyance Required.--The Secretary of Agriculture shall
convey, without consideration, to the city of Sumpter, Oregon (in this
section referred to as the ``City''), all right, title, and interest of
the United States in and to a parcel of real property of approximately
1.43 acres consisting of all of block 8 of the REVISED PLAN OF SUMPTER
TOWNSITE in the City, as shown in plat recorded March 6, 1897, in Plat
Book 3, page 26; including the alley running through such block,
vacated by Ordinance No. 1966-3, recorded December 14, 1966, in Deed
66-50-014.
(b) Additional Description of Property.--The real property to be
conveyed under subsection (a) consists of the same property that was
deeded to the United States in the following deeds:
(1) Warranty Deed from Sumpter Power & Water Company to the
United States of America dated October 12, 1949, and recorded in
Vol. 152, page 170 of Baker County records on December 22, 1949.
(2) Warranty Deed from Mrs. Alice Windle to the United States
of America dated October 11, 1949, and recorded in Vol. 152, page
168 of Baker County records on December 22, 1949.
(3) Warranty Deed from Alice L. Windle Charles and James M.
Charles to the United States of America and dated August 8, 1962,
and recorded in Book 172, page 1331 on August 27, 1962.
(c) Condition of Conveyance.--The conveyance under subsection (a)
shall be subject to the condition that the City use the conveyed
property only for public purposes, such as a city park, information
center, or interpretive area.
(d) Release.--Upon making the conveyance required by subsection
(a), the United States is relieved from liability for any and all
claims arising from the presence of materials on the conveyed property.
(e) Reversionary Interest.--If the Secretary of Agriculture
determines that the real property conveyed under subsection (a) is not
being used in accordance with the condition specified in subsection (c)
or that the City has initiated proceedings to sell, lease, exchange, or
otherwise dispose of all or a portion of the property, than, at the
option of the Secretary, the United States shall have a right of
reentry with regard to the property, with title thereto revesting in
the United States.
(f) Authorized Sale of Property.--Notwithstanding subsections (c)
and (e), the Secretary of Agriculture may authorize the City to dispose
of the real property conveyed under subsection (a) if the proceeds from
such disposal are at least equal to the fair market value of the
property and are paid to the United States. The Secretary shall deposit
amounts received under this subsection into the special fund in the
Treasury into which funds are deposited pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), commonly known as the Sisk Act. The disposal
of the conveyed property under this subsection shall be subject to such
terms and conditions as the Secretary may prescribe.
(g) Additional Terms and Conditions.--The Secretary of Agriculture
may require such additional terms and conditions in connection with the
conveyance under subsection (a) as the Secretary considers appropriate
to protect the interests of the United States.
SEC. 216. CUMBERLAND GAP NATIONAL HISTORICAL PARK.
(a) Authority.--Notwithstanding the Act of June 11, 1940 (16 U.S.C.
261 et seq.), the Secretary of the Interior is authorized to acquire by
donation, purchase with donated or appropriated funds, or exchange not
to exceed 10 acres of land or interests in land, which shall consist of
those necessary lands for the establishment of trailheads to be located
at White Rocks and Chadwell Gap.
(b) Administration.--Lands and interests in lands acquired pursuant
to subsection (a) shall be added to and administered as part of the
Cumberland Gap National Historical Park.
SEC. 217. ALPINE SCHOOL DISTRICT.
(a) Conveyance Required.--(1) The Secretary of Agriculture shall
convey, without consideration, to the Alpine Elementary School District
7 of the State of Arizona (in this section referred to as the ``School
District''), all right, title and interest of the United States in and
to a parcel of real property, including any improvements thereon,
consisting of approximately 30 acres located in the Apache National
Forest, Apache County, Arizona, and further delineated as follows:
North \1/2\ of Northeast \1/4\ of Southeast \1/4\ of section 14,
Township 5 North, Range 30 East, Gila and Salt River meridian, and
North \1/2\ of South \1/2\ of Northeast \1/4\ of Southeast \1/4\ of
such section.
(2) The exact acreage and legal description of the real property to
be conveyed under paragraph (1) shall be determined by a survey
satisfactory to the Secretary. The cost of the survey shall be borne by
the School District.
(b) Condition of Conveyance.--The conveyance made under subsection
(a) shall be subject to the condition that the School District use the
conveyed property for public school facilities and related public
school recreational purposes.
(c) Right of Reentry.--The United States shall retain a right of
reentry in the property to be conveyed. If the Secretary determines
that the conveyed property is not being used in accordance with the
condition in subsection (b), the United States shall have the right to
reenter the conveyed property without consideration.
(d) Encumbrances.--The conveyance made under subsection (a) shall
be subject to all encumbrances on the property existing as of the date
of the enactment of this Act.
(e) Additional Terms and Conditions.--The Secretary may require
such additional terms and conditions in connection with the conveyance
under subsection (a) of the Secretary considers appropriate to protect
the interests of the United States.
SEC. 218. MERCED IRRIGATION DISTRICT LAND EXCHANGE.
(a) Conveyance.--(1) The Secretary of the Interior may convey the
Federal lands described in subsection (d)(1) in exchange for the non-
Federal lands described in subsection (d)(2), in accordance with the
provisions of this Act.
(b) Applicability of Other Provisions of Law.--The land exchange
required in this section shall be carried out in accordance with
section 206 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716) and in accordance with other applicable laws.
(c) Acceptability of Title and Manner of Conveyance.--The Secretary
of the Interior shall not carry out an exchange described in subsection
(a) unless the title to the non-Federal lands to be conveyed to the
United States, and the form and procedures of conveyance, are
acceptable to the Secretary.
(d) Lands To Be Exchanged.--
(1) Federal lands to be exchanged.--The Federal lands referred
to in this section to be exchanged consist of approximately 179.4
acres in Mariposa County, California as generally depicted on the
map entitled ``Merced Irrigation District Exchange--Proposed,
Federal Land'', dated March 15, 1995, more particularly described
as follows:
T. 3 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 35, SW\1/4\SE\1/4\, containing approximately 40
acres.
T. 4 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 14: E\1/2\SE\1/4\SE\1/4\, containing approximately
20 acres.
Sec. 23: NE\1/4\SE\1/4\, containing approximately 40
acres.
T. 5 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 2: Lot 1, containing approximately 57.9 acres.
Sec. 3: Lots 7 thru 15, containing approximately 21.5
acres.
(2) Non-federal lands to be exchanged.--The non- Federal lands
referred to in this section to be exchanged consist of
approximately 160 acres in Mariposa County, California as generally
depicted on the map entitled ``Merced Irrigation District
Exchange--Proposed, Non-Federal Land'', dated March 15, 1995, more
particularly described as T. 4 S., R17E MDM (Mount Diablo
Meridian): sec. 2, SE\1/4\.
(3) Maps.--The maps referred to in this subsection shall be on
file and available for inspection in the office of the Director of
the Bureau of Land Management.
(4) Partial revocation of withdrawals.--The Executive Order of
December 31, 1912, creating Powersite Reserve No. 328, and the
withdrawal of Federal lands for Power Project No. 2179, filed
February 21, 1963, in accordance with section 24 of the Federal
Power Act are hereby revoked insofar as they affect the Federal
lands described in paragraph (1). Any patent issued on such Federal
lands shall not be subject to section 24 of said Act.
SEC. 219. FATHER AULL SITE TRANSFER.
(a) Short Title.--This section may be cited as the ``Father Aull
Site Transfer Act of 1996''.
(b) Conveyance of Property.--Subject to valid existing rights, all
right, title and interest of the United States in and to the land
(including improvements on the land), consisting of approximately 43.06
acres, located approximately 10 miles east of Silver City, New Mexico,
and described as follows: T. 17 S., R. 12 W., Section 30: Lot 13, and
Section 31: Lot 27 (as generally depicted on the map dated July 1995)
is hereby conveyed by operation of law to St. Vincent DePaul Parish in
Silver City, New Mexico, without consideration.
(c) Release.--Upon the conveyance of any land or interest in land
identified in this section to St. Vincent DePaul Parish, St. Vincent
DePaul Parish shall assume any liability for any claim relating to the
land or interest in the land arising after the date of the conveyance.
(d) Map.--The map referred to in this section shall be on file and
available for public inspection in--
(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.
SEC. 220. COASTAL BARRIER RESOURCES SYSTEM.
(a) In General.--The Secretary of the Interior shall, before the
end of the 30-day period beginning on the date of the enactment of this
Act, make such corrections to the maps described in subsection (b) as
are necessary to ensure that depictions of areas on those mapsare
consistent with the depictions of areas appearing on the maps entitled
``Amendments to Coastal Barrier Resources System'', dated November 1,
1995, and June 1, 1996, and on file with the Secretary.
(b) Maps Described.--The maps described in this subsection are maps
that--
(1) are included in a set of maps entitled ``Coastal Barrier
Resources System'', dated October 24, 1990; and
(2) relate to the following units of the Coastal Barrier
Resources System: P05, P05A, P10, P11, P11A, P18, P25, P32, and
P32P.
SEC. 221. CONVEYANCE TO DEL NORTE COUNTY UNIFIED SCHOOL DISTRICT.
(a) Conveyance.--As soon as practicable after the date of the
enactment of this Act, the Secretary of Agriculture shall convey to the
Del Norte County Unified School District of Del Norte County,
California, in accordance with this section, all right, title, and
interest of the United States in and to the property described in
subsection (b).
(b) Property Description.--The property referred to in subsection
(a) is that portion of Township 17 North, Range 2 East, Humboldt
Meridian in Del Norte County, California, which is further described as
follows:
Beginning at Angle Point No. 3 of Tract 41 as resurveyed by the
Bureau of Land Management under survey Group No. 1013, approved
August 13, 1990, and shown on the official plat thereof;
thence on the line between Angle Points No. 3 and No. 4 of
Tract 41, North 89 degrees, 24 minutes, 20 seconds East, a distance
of 345.44 feet to Angle Point No. 4 of Tract 41;
thence on the line between Angle Points No. 4 and No. 5 of
Tract 41, South 00 degrees, 01 minutes, 20 seconds East, a distance
of 517.15 feet;
thence West, a distance of 135.79 feet;
thence North 88 degrees, 23 minutes, 01 second West, a distance
of 61.00 feet;
thence North 39 degrees, 58 minutes, 18 seconds West, a
distance of 231.37 feet to the East line of Section 21, Township 17
North, Range 2 East;
thence along the East line of Section 21, North 00 degrees, 02
minutes, 20 seconds West, a distance of 334.53 feet to the point of
beginning.
(c) Consideration.--The conveyance provided for in subsection (a)
shall be without consideration except as required by this section.
(d) Conditions of Conveyance.--The conveyance provided for in
subsection (a) shall be subject to the following conditions:
(1) Del Norte County shall be provided, for no consideration,
an easement for County Road No. 318 which crosses the Northeast
corner of the property conveyed.
(2) The Pacific Power and Light Company shall be provided, for
no consideration, an easement for utility equipment as necessary to
maintain the level of service provided by the utility equipment on
the property as of the date of the conveyance.
(3) The United States shall be provided, for no consideration,
an easement to provide access to the United States property that is
south of the property conveyed.
(e) Limitations on Conveyance.--The conveyance authorized by
subsection (a) is subject to the following limitations:
(1) Encumbrances.--Such conveyance shall be subject to all
encumbrances on the land existing as of the date of enactment of
this Act.
(2) Re-entry right.--The United States shall retain a right of
re-entry in the land described for conveyance in subsection (b). If
the Secretary determines that the conveyed property is not being
used for public educational or related recreational purposes, the
United States shall have a right to re-enter the property conveyed
therein without consideration.
(f) Additional Terms and Conditions.--The conveyance provided for
in subsection (a) shall be subject to such additional terms and
conditions as the Secretary of Agriculture and the Del Norte County
Unified School District agree are necessary to protect the interests of
the United States.
TITLE III--EXCHANGES
SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE.
(a) Conveyance.--Notwithstanding the requirements in the Act
entitled ``An Act to Consolidate National Forest Lands'', approved
March 20, 1922 (16 U.S.C. 485), and section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716(b)) that Federal and
non-Federal lands exchanged for each other must be located within the
same State, the Secretary of Agriculture may convey the Federal lands
described in subsection (d) in exchange for the non-Federal lands
described in subsection (e) in accordance with the provisions of this
section.
(b) Applicability of Other Provisions of Law.--Except as otherwise
provided in this section, the land exchange authorized by this section
shall be made under the existing authorities of the Secretary.
(c) Acceptability of Title and Manner of Conveyance.--The Secretary
shall not carry out the exchange described in subsection (a) unless the
title to the non-Federal lands to be conveyed to the United States, and
the form and procedures of conveyance, are acceptable to the Secretary.
(d) Federal Lands.--The Federal lands referred to in this section
are located in the Targhee National Forest in Idaho, are generally
depicted on the map entitled ``Targhee Exchange, Idaho-Wyoming--
Proposed, Federal Land'', dated September 1994, and are known as the
North Fork Tract.
(e) Non-Federal Lands.--The non-Federal lands referred to in this
section are located in the Targhee National Forest in Wyoming, are
generally depicted on the map entitled ``Non-Federal land, Targhee
Exchange, Idaho-Wyoming--Proposed'', dated September 1994, and are
known as the Squirrel Meadows Tract.
(f) Maps.--The maps referred to in subsections (d) and (e) shall be
on file and available for inspection in the office of the Targhee
National Forest in Idaho and in the office of the Chief of the Forest
Service.
(g) Equalization of Values.--Prior to the exchange authorized by
this section, the values of the Federal and non-Federal lands to be so
exchanged shall be established by appraisals of fair market value that
shall be subject to approval by the Secretary. The values either shall
be equal or shall be equalized using the following methods:
(1) Adjustment of lands.--
(A) Portion of federal lands.--If the Federal lands are
greater in value than the non-Federal lands, the Secretary
shall reduce the acreage of the Federal lands until the values
of the Federal lands closely approximate the values of the non-
Federal lands.
(B) Additional federally owned lands.--If the non-Federal
lands are greater in value than the Federal lands, the
Secretary may convey additional federally owned lands within
the Targhee National Forest up to an amount necessary to
equalize the values of the non-Federal lands and the lands to
be transferred out of Federal ownership. However, such
additional federally owned lands shall be limited to those
meeting the criteria for land exchanges specified in the
Targhee National Forest Land and Resource Management Plan.
(2) Payment of money.--The values may be equalized by the
payment of money as provided in section 206(b) of the Federal Land
Policy and Management Act of 1976 (43 U.S.C. 1716 (b)).
(h) Definitions.--For purposes of this section:
(1) The term ``Federal lands'' means the Federal lands
described in subsection (d).
(2) The term ``non-Federal lands'' means the non-Federal lands
described in subsection (e).
(3) The term ``Secretary'' means the Secretary of Agriculture.
SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.
(a) Findings.--The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act (94
Stat. 2371), enacted on December 2, 1980, established Gates of the
Arctic National Park and Preserve and Gates of the Arctic
Wilderness. The Village of Anaktuvuk Pass, located in the highlands
of the central Brooks Range is virtually surrounded by these
national park and wilderness lands and is the only Native village
located within the boundary of a National Park System unit in
Alaska.
(2) Unlike most other Alaskan Native communities, the village
of Anaktuvuk Pass is not located on a major river, lake, or
coastline that can be used as a means of access. The residents of
Anaktuvuk pass have relied increasingly on snow machines in winter
and all-terrain vehicles in summer as their primary means of access
to pursue caribou and other subsistence resources.
(3) In a 1983 land exchange agreement, linear easements were
reserved by the Inupiat Eskimo people for use of all-terrain
vehicles across certain national park lands, mostly along stream
and river banks. These linear easements proved unsatisfactory,
because they provided inadequate access to subsistence resources
while causing excessive environmental impact from concentrated use.
(4) The National Park Service and the Nunamiut Corporation
initiated discussions in 1985 to address concerns over the use of
all-terrain vehicles on park and wilderness land. These discussions
resulted in an agreement, originally executed in 1992 and
thereafter amended in 1993 and 1994, among the National Park
Service, Nunamiut Corporation, the City of Anaktuvuk Pass, and
Arctic Slope Regional Corporation. Full effectuation of this
agreement, as amended, by its terms requires ratification by the
Congress.
(b) Ratification of agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in the
document entitled ``Donation, Exchange of Lands and Interests
in Lands and Wilderness Redesignation Agreement Among Arctic
Slope Regional Corporation, Nunamiut Corporation, City of
Anaktuvuk Pass and the United States of America'' (hereinafter
referred to in this section as ``the Agreement''), executed by
the parties on December 17, 1992, as amended, are hereby
incorporated in this title, are ratified and confirmed, and set
forth the obligations and commitments of the United States,
Arctic Slope Regional Corporation, Nunamiut Corporation and the
City of Anaktuvuk Pass, as a matter of Federal law.
(B) Land acquisition.--Lands acquired by the United States
pursuant to the Agreement shall be administered by the
Secretary of the Interior (hereinafter referred to as the
``Secretary'') as part of Gates of the Arctic National Park and
Preserve, subject to the laws and regulations applicable
thereto.
(2) Maps.--The maps set forth as Exhibits C1, C2, and D through
I to the Agreement depict the lands subject to the conveyances,
retention of surface access rights, access easements and all-
terrain vehicle easements. These lands are depicted in greater
detail on a map entitled ``Land Exchange Actions, Proposed
Anaktuvuk Pass Land Exchange and Wilderness Redesignation, Gates of
the Arctic NationalPark and Preserve'', Map No. 185/80,039, dated
April 1994, and on file at the Alaska Regional Office of the National
Park Service and the offices of Gates of the Arctic National Park and
Preserve in Fairbanks, Alaska. Written legal descriptions of these
lands shall be prepared and made available in the above offices. In
case of any discrepancies, Map No. 185/80,039 shall be controlling.
(c) National Park System Wilderness.--
(1) Gates of the arctic wilderness.--
(A) Redesignation.--Section 701(2) of the Alaska National
Interest Lands Conservation Act (94 Stat. 2371, 2417)
establishing the Gates of the Arctic Wilderness is hereby
amended with the addition of approximately 56,825 acres of
wilderness and the rescission of approximately 73,993 acres as
wilderness, thus revising the Gates of the Arctic Wilderness to
approximately 7,034,832 acres.
(B) Map.--The lands redesignated by subparagraph (A) are
depicted on a map entitled ``Wilderness Actions, Proposed
Anaktuvuk Pass Land Exchange and Wilderness Redesignation,
Gates of the Arctic National Park and Preserve'', Map No. 185/
80,040, dated April 1994, and on file at the Alaska Regional
Office of the National Park Service and the office of Gates of
the Arctic National Park and Preserve in Fairbanks, Alaska.
(2) Noatak national preserve.--Section 201(8)(a) of the Alaska
National Interest Land Conservation Act (94 Stat. 2380) is amended
by--
(A) striking ``approximately six million four hundred and
sixty thousand acres'' and inserting in lieu thereof
``approximately 6,477,168 acres''; and
(B) inserting ``and the map entitled `Noatak National
Preserve and Noatak Wilderness Addition' dated September 1994''
after ``July 1980''.
(3) Noatak wilderness.--Section 701(7) of the Alaska National
Interest Lands Conservation Act (94 Stat. 2417) is amended by
striking ``approximately five million eight hundred thousand
acres'' and inserting in lieu thereof ``approximately 5,817,168
acres''.
(d) Conformance With Other Law.--
(1) Alaska native claims settlement act.--All of the lands, or
interests therein, conveyed to and received by Arctic Slope
Regional Corporation or Nunamiut Corporation pursuant to the
Agreement shall be deemed conveyed and received pursuant to
exchanges under section 22(f) of the Alaska Native Claims
Settlement Act, as amended (43 U.S.C. 1601, 1621(f)). All of the
lands or interests in lands conveyed pursuant to the Agreement
shall be conveyed subject to valid existing rights.
(2) Alaska national interest lands conservation act.--Except to
the extent specifically set forth in this section or the Agreement,
nothing in this section or in the Agreement shall be construed to
enlarge or diminish the rights, privileges, or obligations of any
person, including specifically the preference for subsistence uses
and access to subsistence resources provided under the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDATION.
(a) Definitions.--As used in this section:
(1) Agency.--The term agency--
(A) means any instrumentality of the United States, and any
Government corporation (as defined in section 9101(1) of title
31, United States Code); and
(B) includes any element of an agency.
(2) Alaska native corporation.--The Term ``Alaska Native
Corporation'' has the same meaning as is provided for ``Native
Corporation'' in section 3(m) of the Alaska Native Claims
Settlement Act (43 U.S.C. 1602(m)).
(3) Federal lands or interest therein.--The term ``Federal
lands or interests therein'' means any lands or properties owned by
the United States (A) which are administered by the Secretary, or
(B) which are subject to a lease to third parties, or (C) which
have been made available to the Secretary for exchange under this
section through the concurrence of the director of the agency
administering such lands or properties: Provided however, That
excluded from such lands shall be those lands which are within an
existing conservation system unit as defined in section 102(4) of
the Alaska National Interest Lands Conservation Act (16 U.S.C.
3102(4)), and thoselands the mineral interest for which are
currently under mineral lease.
(4) Koniag.--The term ``Koniag'' means Koniag, Incorporated,
which is a regional Corporation.
(5) Regional corporation.--The term ``Regional Corporation''
has the same meaning as is provided in section 3(g) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1602(g)).
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(7) Selection rights.--The term ``selection rights'' means
those rights granted to Koniag, and confirmed as valid selections
(within Koniag's entitlement) pursuant to subsections (a) and (b)
of section 12, and section 14(h)(8), of the Alaska Native Claims
Settlement Act (43 U.S.C. 1611 and 1613(h)(8)), to receive title to
the oil and gas rights and other interests in the subsurface estate
of the approximately 275,000 acres of public lands in the State of
Alaska identified as ``Koniag Selections'' on the map entitled
``Koniag Interest Lands, Alaska Peninsula'', dated May 1989.
(b) Valuation of Koniag Selection Rights.--
(1) In general.--Pursuant to paragraph (2) of this subsection,
the Secretary shall value the Selection Rights which Koniag
possesses within the boundaries of Aniakchak National Monument and
Preserve, Alaska Peninsula National Wildlife Refuge, and Becharof
National Wildlife Refuge.
(2) Value.--
(A) In general.--The value of the selection rights shall be
equal to the fair market value of--
(i) the oil and gas interests in the lands or interests
in lands that are the subject of the selection rights; and
(ii) in the case of the lands or interests in lands for
which Koniag is to receive the entire subsurface estate,
the subsurface estate of the lands or interests in lands
that are the subject of the selection rights.
(B) Appraisal.--
(i) Selection of appraiser.--
(I) In general.--Not later than 90 days after the
date of enactment of this section the Secretary and
Koniag shall meet to select a qualified appraiser to
conduct an appraisal of the selection rights. Subject
to subclause (II), the appraiser shall be selected by
the mutual agreement of the Secretary and Koniag.
(II) Failure to agree.--If the Secretary and Koniag
fail to agree on an appraiser by the date that is 60
days after the date of the initial meeting referred to
in subclause (I), the Secretary and Koniag shall, by
the date that is not later than 90 days after the date
of the initial meeting, each designate an appraiser who
is qualified to perform the appraisal. The 2 appraisers
so identified shall select a third qualified appraiser
who shall perform the appraisal.
(ii) Standards and methodology.--The appraisal shall be
conducted in conformity with the standards of the Appraisal
Foundation (as defined in section 1121(9) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3350(9)).
(iii) Submission of appraisal report.--Not later than
180 days after the selection of an appraiser pursuant to
clause(i), the appraiser shall submit to the Secretary and
to Koniag a written appraisal report specifying the value of the
selection rights and the methodology used to arrive at the value.
(C) Determination of value.--
(i) Determination by the secretary.--Not later than 60
days after the date of the receipt of the appraisal report
under subparagraph (B)(iii), the Secretary shall determine
the value of the selection rights and shall notify Koniag
of the determination.
(ii) Alternative determination of value.--
(I) In general.--Subject to subclause (II), if
Koniag does not agree with the value determined by the
Secretary under clause (i), the procedures specified in
section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)) shall be
used to establish the value.
(II) Average value limitation.--The average value
per acre of the selection rights shall not be less than
the value utilizing the risk adjusted discount cash
flow methodology, but in no event may exceed $300.
(c) Koniag Account.--
(1) In general.--(A) The Secretary shall enter into
negotiations for an agreement or agreements to exchange Federal
lands or interests therein which are in the State of Alaska for the
Selection Rights.
(B) If the value of the Federal property to be exchanged is
less than the value of the Selection Rights established in
subsection (b), and if such Federal property to be exchanged is not
generating receipts to the Federal Government in excess of
$1,000,000 per year, then the Secretary may exchange the Federal
property for that portion of the Selection Rights having a value
equal to that of the Federal property. The remaining selection
rights shall remain available for additional exchanges.
(C) For the purposes of any exchange to be consummated under
this section, if less than all the selection rights are being
exchanged, then the value of the selection rights being exchanged
shall be equal to the number of acres of selection rights being
exchanged multiplied by a fraction, the numerator of which is the
value of all the selection rights as determined pursuant to
subsection (b) hereof and the denominator of which is the total
number of acres of selection rights.
(2) Additional exchanges.--If, after 10 years from the date of
the enactment of this section, the Secretary was unable to conclude
such exchanges as may be required to acquire all of the selection
rights, he shall conclude exchanges for the remaining selection
rights for such Federal property as may be identified by Koniag,
which property is available for transfer to the administrative
jurisdiction of the Secretary under any provision of law and which
property, at the time of the proposed transfer to Koniag is not
generating receipts of the Federal Government in excess of
$1,000,000 per year. The Secretary shall keep Koniag advised in a
timely manner as to which properties may be available for such
transfer. Upon receipt of such identification by Koniag, the
Secretary shall request in a timely manner the transfer of such
identified property to the administrative jurisdiction of the
Department of the Interior. Such property shall not be subject to
the geographic limitations of section 206(b) of the Federal Land
Policy and Management Act and may be retained by the Secretary
solely for purposes of transferring it to Koniag to complete the
exchange. Should the value of the property so identified by Koniag
be in excess of the value of the remaining selection rights, then
Koniag shall have the option of (A) declining to proceed with the
exchange and identifying other property, or (B) paying the
difference in value between the property rights.
(3) Revenues.--Any property received by Koniag in an exchange
entered into pursuant to paragraph (1) or (2) shall be deemed to be
an interest in the subsurface for purposes of section 7(i) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.):
Provided however, That should Koniag make a payment to equalize the
value in any such exchange, then Koniag will be deemed to hold an
undivided interest in the property equal in value to such payment
which interest shall not be subject to the provisions of section
7(i) of that Act.
(d) Authority To Appoint and Remove Trustee.--In establishing a
Settlement Trust under section 39 of the Alaska Native Claims
Settlement Act (43 U.S.C. 1629c), Koniag may delegate, in whole or in
part, the authority granted to Koniag under subsection (b)(2) of such
section to any entity that Koniag may select without affecting the
status of the trust as a Settlement Trust under such section.
SEC. 304. SNOWBASIN LAND EXCHANGE ACT.
(a) Purpose and Intent.--The purpose of this section is to
authorize and direct the Secretary to exchange 1,320 acres of
federally-owned land within the Cache National Forest in the State of
Utah for lands approximately equal value owned by the Sun Valley
Company. It is the intent of Congress that this exchange be completed
without delay within the period specified by subsection (d).
(b) Definitions.--As used in this section:
(1) The term ``Sun Valley Company'' means the Sun Valley
Company, a division of Sinclair Oil Corporation, a Wyoming
Corporation, or its successors or assigns.
(2) The term ``Secretary'' means the Secretary of Agriculture.
(c) Exchange.--
(1) Federal selected lands.--(A) Not later than 45 days after
the final determination of value of the Federal selected lands, the
Secretary shall, subject to this section, transfer all right,
title, and interest of the United States in and to the lands
referred to in subparagraph (B) to the Sun Valley Company.
(B) The lands referred to in subparagraph (A) are certain lands
within the Cache National Forest in the State of Utah comprising
1,320 acres, more or less, as generally depicted on the map
entitled ``Snowbasin Land Exchange--Proposed'' and dated October
1995.
(2) Non-federal offered lands.--Upon transfer of the Federal
selected lands under paragraph (1), and in exchange for those
lands, the Sun Valley Company shall simultaneously convey to the
Secretary all right, title and interest of the Sun Valley Company
in and to so much of the following offered lands which have been
previously identified by the United States Forest Service as
desirable by the United States, or which are identified pursuant to
subparagraph (E) prior to the transfer of lands under paragraph
(1), as are of approximate equal value to the Federal selected
lands:
(A) Certain lands located within the exterior boundaries of
the Cache National Forest in Weber County, Utah, which comprise
approximately 640 acres and are generally depicted on a map
entitled ``Lightning Ridge Offered Lands'', dated October 1995.
(B) Certain lands located within the Cache National Forest
in Weber County, Utah, which comprise approximately 635 acres
and are generally depicted on a map entitled ``Wheeler Creek
Watershed Offered Lands--Section 2'' dated October 1995.
(C) Certain lands located within the exterior boundaries of
the Cache National Forest in Weber County, Utah, and lying
immediately adjacent to the outskirts of the City of Ogden,
Utah, which comprise approximately 800 acres and are generally
depicted on a map entitled ``Taylor Canyon Offered Lands'',
dated October 1995.
(D) Certain lands located within the exterior boundaries of
the Cache National Forest in Weber County, Utah, which comprise
approximately 2,040 acres and are generally depicted on a map
entitled ``North Fork Ogden River--Devil's Gate Valley'', dated
October 1995.
(E) Such additional offered lands in the State of Utah as
may be necessary to make the values of the lands exchanged
pursuant to this section approximately equal, and which are
acceptable to the Secretary.
(3) Substitution of offered lands.--If one or more of the
precise offered land parcels identified in subparagraphs (A)
through (D) of paragraph (2) is unable to be conveyed to the United
States due to appraisal or other reasons, or if the Secretary and
the Sun Valley Company mutually agree and the Secretary determines
that an alternative offered land package would better serve long-
term public needs and objectives, the Sun Valley Company may
simultaneously convey to the United States alternative offered
lands in the State of Utah acceptable to the Secretary in lieu of
any or all of the lands identified in subparagraphs (A) through (D)
of paragraph (2).
(4) Valuation and appraisals.--(A) Values of the lands to be
exchanged pursuant to this section shall be equal as determined by
the Secretary utilizing nationally recognized appraisal standards
and in accordance with section 206 of the Federal Land Policy and
Management Act of 1976. The appraisal reports shall be written to
Federal standards as defined in the Uniform Appraisal Standards for
Federal Land Acquisitions. If, due to size, location, or use of
lands exchanged under this section, the values are not exactly
equal, they shall be equalized by the payment of cash equalization
money to the Secretary or the Sun Valley Company as appropriate in
accordance with section 206(b) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(b)). In order to expedite
the consummation of the exchange directed by this section, the Sun
Valley Company shall arrange and pay for appraisals of the offered
and selected lands by a qualified appraiser with experience in
appraising similar properties and who is mutually acceptable to the
Sun Valley Company and the Secretary. The appraisal of the Federal
selected lands shall be completed and submitted to the Secretary
for technical review and approval no later than 120 days after the
date of enactment of this Act, and the Secretary shall make a
determination of value not later than 30 days after receipt of the
appraisal. In the event the Secretary and the Sun Valley Company
are unable to agree to the appraised value of a certain tract or
tracts of land, the appraisal, appraisals, or appraisal issues in
dispute and a final determination of value shall be resolved
through a process of bargaining or submission to arbitration in
accordance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the Federal selected
lands, such appraisal shall--
(i) value the land in its unimproved state, as a single
entity for its highest and best use as if in private ownership
and as of the date of enactment of this Act;
(ii) consider the Federal lands as an independent property
as though in the private marketplace and suitable for
development to its highest and best use;
(iii) consider in the appraisal any encumbrance on the
title anticipated to be in the conveyance to Sun Valley Company
and reflect its effect on the fair market value of the
property; and
(iv) not reflect any enhancement in value to the Federal
selected lands based on the existence of private lands owned by
the Sun Valley Company in the vicinity of the Snowbasin Ski
Resort, and shall assume that private lands owned by the Sun
Valley Company are not available for use in conjunction with
the Federal selected lands.
(d) General Provisions Relating to the Exchange.--
(1) In general.--The exchange authorized by this section shall
be subject to the following terms and conditions:
(A) Reserved rights-of-way.--In any deed issued pursuant to
subsection (c)(1), the Secretary shall reserve in the United
States a right of reasonable access across the conveyed
property for public access and for administrative purposes of
the United States necessary to manage adjacent federally-owned
lands. The terms of such reservation shall be prescribed by the
Secretary within 30 days after the date of the enactment of
this Act.
(B) Right of rescission.--This section shall not be binding
on either the United States or the Sun Valley Company if,
within 30 days after the final determination of value of the
Federal selected lands, the Sun Valley Company submits to the
Secretary a duly authorized and executed resolution of the
Company stating its intention not to enter into the exchange
authorized by this section.
(2) Withdrawal.--Subject to valid existing rights, effective on
the date of enactment of this Act, the Federal selected lands
described in subsection (c)(1) and all National Forest System lands
currently under special use permit to the Sun Valley Company at the
Snowbasin Ski Resort are hereby withdrawn from all forms of
appropriation under the public land laws (including the mining
laws) and from disposition under all laws pertaining to mineral and
geothermal leasing.
(3) Deed.--The conveyance of the offered lands to the United
States under this section shall be by general warranty or other
deed acceptable to the Secretary and in conformity with applicable
title standards of the Attorney General of the United States.
(4) Status of lands.--Upon acceptance of title by the
Secretary, the land conveyed to the United States pursuant to this
section shall become part of the Wasatch or Cache National Forests
as appropriate, and the boundaries of such National Forests shall
be adjusted to encompass such lands. Once conveyed, such lands
shall be managed in accordance with the Act of March 1, 1911, as
amended (commonly known as the ``Weeks Act''), and in accordance
with the other laws, rules and regulations applicable to National
Forest System lands. This paragraph does not limit the Secretary's
authority to adjust the boundaries pursuant to section 11 of the
Act of March 1, 1911 (``Weeks Act''). For the purposes of section 7
of the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-9), the boundaries of the Wasatch and Cache National Forests,
as adjusted by this section, shall be considered to be boundaries
of the forests as of January 1, 1965.
(e) Phase Facility Construction and Operation.--
(1) Phase i facility finding and review.--(A) The Congress has
reviewed the Snowbasin Ski Area Master Development Plan dated
October 1995 (hereafter in this subsection referred to as the
``Master Plan''). On the basis of such review, and review of
previously completed environmental and other resource studies for
the Snowbasin Ski Area, Congress hereby finds that the ``Phase I''
facilities referred to in the Master Plan to be located on National
Forest System land after consummation of the land exchange directed
by this section are limited in size and scope, are reasonable and
necessary to accommodate the 2002 Olympics, and in some cases are
required to provide for the safety of skiing competitors and
spectators.
(B) Within 60 days after the date of enactment of this Act, the
Secretary and the Sun Valley Company shall review the Master Plan
insofar as such plan pertains to Phase I facilities which are to be
constructed and operated wholly or partially on National Forest
System lands retained by the Secretary after consummation of the
land exchange directed by this section. The Secretary may modify
such Phase I facilities upon mutual agreement with the Sun Valley
Company or by imposing conditions pursuant to paragraph (2) of this
subsection.
(C) Within 90 days after the date of enactment of this Act, the
Secretary shall submit the reviewed Master Plan on the Phase I
facilities, including any modifications made thereto pursuant to
subparagraph (B), to the Committee on Energy and Natural Resources
of the United States Senate and the Committee on Resources of the
United States House of Representatives for a 30-day review period.
At the end of the 30-day period, unless otherwise directed by Act
of Congress, the Secretary may issue all necessary authorizations
for construction and operation of such facilities or modifications
thereof in accordance with the procedures and provisions of
paragraph (2) of this subsection.
(2) Phase i facility approval, conditions, and timetable.--
Within 120 days of receipt of an application by the Sun Valley
Company to authorize construction and operation of any particular
Phase I facility, facilities, or group of facilities, the
Secretary, in consultation with the Sun Valley Company, shall
authorize construction and operation of such facility, facilities,
or group of facilities, subject to the general policies of the
Forest Service pertaining to the construction and operation of ski
area facilities on National Forest System lands and subject to
reasonable conditions to protect National Forest System resources.
In providing authorization to construct and operate a facility,
facilities, or group of facilities, the Secretary may not impose
any condition that would significantly change the location, size,
or scope of the applied for Phase I facility unless--
(A) the modification is mutually agreed to by the Secretary
and the Sun Valley Company; or
(B) the modification is necessary to protect health and
safety.
Nothing in this subsection shall be construed to affect the
Secretary's responsibility to monitor and assure compliance with
the conditions set forth in the construction and operation
authorization.
(3) Congressional directions.--Notwithstanding any other
provision of law, Congress finds that consummation of the land
exchange directed by this section and all determinations,
authorizations, and actions taken by the Secretary pursuant to this
section pertaining to Phase I facilities on National Forest System
lands, or any modifications thereof, to be nondiscretionary actions
authorized and directed by Congress and hence to comply with all
procedural and other requirements of the laws of the United States.
Such determinations, authorizations, and actions shall not be
subject to administrative or judicial review.
(f) No Precedent.--Nothing in subsection (c)(4)(B) of this section
relating to conditions or limitations on the appraisal of the Federal
lands, or any provision of subsection (e), relating to the approval by
the Congress or the Forest Service of facilities on National Forest
System lands, shall be construed as a precedent for subsequent
legislation.
SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.
(a) Findings.--Congress finds that:
(1) The Weyerhaeuser Company has offered to the United States
Government an exchange of lands under which Weyerhaeuser would
receive approximately 48,000 acres of Federal land in Arkansas and
Oklahoma and all mineral interests and oil and gas interests
pertaining to these exchanged lands in which the United States
Government has an interest in return for conveying to the United
States lands owned by Weyerhaeuser consisting of approximately
181,000 acres of forested wetlands and other forest land of public
interest in Arkansas and Oklahoma and all mineral interests and all
oil and gas interests pertaining to 48,000 acres of these 181,000
acres of exchanged lands in which Weyerhaeuser has an interest,
consisting of--
(A) certain lands in Arkansas (Arkansas Ouachita lands)
located near Poteau Mountain, Caney Creek Wilderness, Lake
Ouachita, Little Missouri Wild and Scenic River, Flatside
Wilderness and the Ouachita National Forest;
(B) certain lands in Oklahoma (Oklahoma lands) located near
the McCurtain County Wilderness, the Broken Bow Reservoir, the
Glover River, and the Ouachita National Forest; and
(C) certain lands in Arkansas (Arkansas Cossatot lands)
located on the Little and Cossatot Rivers and identified as the
``Pond Creek Bottoms'' in the Lower Mississippi River Delta
section of the North American Waterfowl Management Plan;
(2) acquisition of the Arkansas Cossatot lands by the United
States will remove the lands in the heart of a critical wetland
ecosystem from sustained timber production and other development;
(3) the acquisition of the Arkansas Ouachita lands and the
Oklahoma lands by the United States for administration by the
Forest Service will provide an opportunity for enhancement of
ecosystem management of the National Forest System lands and
resources;
(4) the Arkansas Ouachita lands and the Oklahoma lands have
outstanding wildlife habitat and important recreational values and
should continue to be made available for activities such as public
hunting, fishing, trapping, nature observation, enjoyment,
education, and timber management whenever these activities are
consistent with applicable Federal laws and land and resource
management plans; these lands, especially in the riparian zones,
also harbor endangered, threatened and sensitive plants and animals
and the conservation and restoration of these areas are important
to the recreational and educational public uses and will represent
a valuable ecological resource which should be conserved;
(5) the private use of the lands the United States will convey
to Weyerhaeuser will not conflict with established management
objectives on adjacent Federal lands;
(6) the lands the United States will convey to Weyerhaeuser as
part of the exchange described in paragraph (1) do not contain
comparable fish, wildlife, or wetland values;
(7) the values of all lands, mineral interests, and oil and gas
interests to be exchanged between the United States and
Weyerhaeuser are approximately equal in value; and
(8) the exchange of lands, mineral interests, and oil and gas
interests between Weyerhaeuser and the United States is in the
public interest.
(b) Purpose.--The purpose of this section is to authorize and
direct the Secretary of the Interior and the Secretary of Agriculture,
subject to the terms of this title, to complete, as expeditiously as
possible, an exchange of lands, mineral interests, and oil and gas
interests with Weyerhaeuser that will provide environmental, land
management, recreational, and economic benefits to the States of
Arkansas and Oklahoma and to the United States.
(c) Definitions.--As used in this section:
(1) Land.--The terms ``land'' or ``lands'' mean the surface
estate and any other interests therein except for mineral interests
and oil and gas interests.
(2) Mineral interests.--The term ``mineral interests'' means
geothermal steam and heat and all metals, ores, and minerals of any
nature whatsoever, except oil and gas interests, in or upon lands
subject to this title including, but not limited to, coal, lignite,
peat, rock, sand, gravel, and quartz.
(3) Oil and gas interests.--The term ``oil and gas interests''
means all oil and gas of any nature, including carbon dioxide,
helium, and gas taken from coal seams (collectively ``oil and
gas'').
(4) Secretaries.--The term ``Secretaries'' means the Secretary
of the Interior and the Secretary of Agriculture.
(5) Weyerhaeuser.--The term ``Weyerhaeuser'' means Weyerhaeuser
Company, a company incorporated in the State of Washington.
(d) Exchange of Lands and Mineral Interest.--
(1) In general.--Subject to paragraph (2) and notwithstanding
any other provision of law, within 90 days after the date of the
enactment of this Act, the Secretary of Agriculture shall convey to
Weyerhaeuser, subject to any valid existing rights, approximately
20,000 acres of Federal lands and mineral interests in the State of
Arkansas and approximately 28,000 acres of Federal lands and
mineral interests in the State of Oklahoma as depicted on maps
entitled ``Arkansas-Oklahoma Land Exchange--Federal Arkansas and
Oklahoma Lands,'' dated February 1996 and available for public
inspection in appropriate offices of the Secretaries.
(2) Offer and acceptance of lands.--The Secretary of
Agriculture shall make the conveyance to Weyerhaeuser if
Weyerhaeuser conveys deeds of title to the United States, subject
to limitations and the reservation described in subsection (e) and
which are acceptable to and approved by the Secretary of
Agriculture to the following--
(A) approximately 115,000 acres of lands and mineral
interests in the State of Oklahoma, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Oklahoma Lands,'' dated February 1996 and available for public
inspection in appropriate offices of the Secretaries;
(B) approximately 41,000 acres of lands and mineral
interests in the State of Arkansas, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Arkansas Ouachita Lands,'' dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries; and
(C) approximately 25,000 acres of lands and mineral
interests in the State of Arkansas, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Arkansas Cossatot Lands,'' dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries.
(e) Exchange of Oil and Gas Interests.--
(1) In general.--Subject to paragraph (2) and notwithstanding
any other provision of law, at the same time as the exchange for
land and mineral interests is carried out pursuant to this section,
the Secretary of Agriculture shall exchange all Federal oil and gas
interests, including leases and other agreements, in the lands
described in subsection (d)(1) for equivalent oil and gas
interests, including existing leases and other agreements, owned by
Weyerhaeuser in the lands described in subsection (d)(2).
(2) Reservation.--In addition to the exchange of oil and gas
interests pursuant to paragraph (1), Weyerhaeuser shall reserve oil
and gas interests in and under the lands depicted for reservation
upon a map entitled Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Oil and Gas Interest Reservation Lands, dated February 1996 and
available for public inspection in appropriate offices of the
Secretaries. Such reservation shall be subject to the provisions of
this title and the form of such reservation shall comply with the
jointly agreed to Memorandum of Understanding between the Forest
Service and Weyerhaeuser dated March 27, 1996 and on file with the
Office of the Chief of the Forest Service in Washington, D.C. and
with the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United States
House of Representatives.
(f) General Provisions.--
(1) Maps controlling.--The acreage cited in this section is
approximate. In the case of a discrepancy between the description
of lands, mineral interests, or oil and gas interests to be
exchanged pursuant to subsections (d) and (e) and the lands,
mineral interests, or oil and gas interests depicted on a map
referred to in such subsection, the map shall control. The maps
referenced in this section shall be subject to such minor
corrections as may be agreed upon by the Secretaries and
Weyerhaeuser so long as the Secretary of Agriculture notifies the
Committee on Energy and Natural Resources of the United States
Senate and the Committee on Resources of the United States House of
Representatives of any such minor corrections.
(2) Final maps.--Not later than 180 days after the conclusion
of the exchange required by subsections (d) and (e), the
Secretaries shall transmit maps accurately depicting the lands,
mineral interests, and oil and gas interests conveyed and
transferred pursuant to this section and the acreage and boundary
descriptions of such lands, mineral interests, and oil and gas
interests to the Committee on Energy and Natural Resources of the
Senate and the Committee on Resources of the House of
Representatives.
(3) Cancellation.--If, before the exchange has been carried out
pursuant to subsections (d) and (e), Weyerhaeuser provides written
notification to the Secretaries that Weyerhauser no longer intends
to complete the exchange, with respect to the lands, mineral
interests, and oil and gas interests that would otherwise be
subject to exchange, the status of such lands, mineral interests,
and oil and gas interests shall revert to the status of such lands,
mineral interests, and oil and gas interests as of the day before
the date of enactment of this Act and shall be managed in
accordance with applicable law and management plans.
(4) Withdrawal.--Subject to valid existing rights, the land and
interests therein depicted for conveyance to Weyerhauser on the
maps referenced in subsections (d) and (e) are withdrawn from all
forms of entry and appropriation under the public land laws
(including the mining laws) and from the operation of mineral
leasing and geothermal steam leasing laws effective upon the date
of the enactment of this title. Such withdrawal shall terminate 45
days after completion of the exchange provided for in subsections
(d) and (e) or on the date of notification by Weyerhauser of a
decision not to complete the exchange.
(g) National Forest System.--
(1) Addition to the system.--Upon approval and acceptance of
title by the Secretary of Agriculture, the 156,000 acres of land
conveyed to the United States pursuant to subsection (d)(2) (A) and
(B) of this section shall be subject to the Act of March 1, 1911
(commonly known as the Weeks Law) (36 Stat. 961, as amended), and
shall be administered by the Secretary of Agriculture in accordance
with the laws and regulations pertaining to the National Forest
System.
(2) Plan amendments.--No later than 12 months after the
completion of the exchange required by this section, the Secretary
of Agriculture shall begin the process to amend applicable land and
resource management plans with public involvement pursuant to
section 6 of the Forest and Rangeland Renewable Resource Planning
Act of 1974, as amended by the National Forest Management Act of
1976 (16 U.S.C. 1604): Provided, That no amendment or revision of
applicable land and resource management plans shall be required
prior to completion of the amendment process required by this
paragraph for the Secretary of Agriculture to authorize or
undertake activities consistent with forest wide standards and
guidelines and all other applicable laws and regulations on lands
conveyed to the United States pursuant to subsection (d)(2) (A) and
(B).
(h) Other.--
(1) Addition to the national wildlife refuge system.--Once
acquired by the United States, the 25,000 acres of land identified
in subsection (d)(2)(C), the Arkansas Cossatot lands, shall be
managed by the Secretary of the Interior as a component of the
Cossatot National Wildlife Refuge in accordance with the National
Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd-
668ee).
(2) Plan preparation.--Within 24 months after the completion of
the exchange required by this section, the Secretary of the
Interior shall prepare and implement a single refuge management
plan for the Cossatot National Wildlife Refuge, as expanded by this
title. Such plans shall recognize the important public purposes
served by the nonconsumptive activities, other recreational
activities, and wildlife-related public use, including hunting,
fishing, and trapping. The plan shall permit, to the maximum extent
practicable, compatible uses to the extent that they are consistent
with sound wildlife management and in accordance with the National
Wildlife Refuge System Administration Act of 1996 (16 U.S.C. 668dd-
668ee) and other applicable laws. Any regulations promulgated by
the Secretary of the Interior with respect to hunting, fishing, and
trapping on those lands shall, to the extent practicable, be
consistent with State fish and wildlife laws and regulations. In
preparing the management plan and regulations, the Secretary of the
Interior shall consult with the Arkansas Game and Fish Commission.
(3) Interim use of lands.--
(A) In general.--Except as provided in paragraph (2) during
the period beginning on the date of the completion of the
exchange of lands required by this section and ending on the
first date of the implementation of the plan prepared under
paragraph (2), the Secretary of the Interior shall administer
all lands added to the Cossatot National Wildlife Refuge
pursuant to this title in accordance with the National Wildlife
Refuge System Administration Act of 1966 (16 U.S.C. 668dd-
668ee) and other applicable laws.
(B) Hunting seasons.--During the period described in
subparagraph (A), the duration of any hunting season on the
lands described in paragraph (1) shall comport with the
applicable State law.
(i) Ouachita National Forest Boundary Adjustment.--Upon acceptance
of title by the Secretary of Agriculture of the lands conveyed to the
United States pursuant to subsection (d)(2) (A) and (B), the boundaries
of the Ouachita National Forest shall be adjusted to encompass those
lands conveyed to the United States generally depicted on the
appropriate maps referred to in subsection (d). Nothing in this
subsection shall limit the authority of the Secretary of Agriculture to
adjust the boundary pursuant to section 11 of the Weeks Law of March 1,
1911. For the purposes of section 7 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-9), the boundaries of the Ouachita
National Forest, as adjusted by this section, shall be considered to be
the boundaries of the Forest as of January 1, 1965.
(j) Maps and Boundary Descriptions.--Not later than 180 days after
the date of enactment of this title, the Secretary of Agriculture shall
prepare a boundary description of the lands depicted on the map(s)
referred to in subsection (d)(2) (A) and (B). Such map(s) and boundary
description shall have the same force and effect as if included in this
Act, except that the Secretary of Agriculture may correct clerical and
typographical errors.
SEC. 306. BIG THICKET NATIONAL PRESERVE.
(a) Extension.--The last sentence of subsection (d) of the first
section of the Act entitled ``An Act to authorize the establishment of
the Big Thicket National Preserve in the State of Texas, and for other
purposes'', approved October 11, 1974 (16 U.S.C. 698(d)), is amended by
striking out ``two years after date of enactment'' and inserting ``five
years after the date of enactment''.
(b) Independent Appraisal.--Subsection (d) of the first section of
such Act (16 U.S.C. 698(d)) is further amended by adding at the end the
following: ``The Secretary, in considering the values of the private
lands to be exchanged under this subsection, shall consider independent
appraisals submitted by the owners of the private lands.''
(c) Limitation.--Subsection (d) of the first section of such Act
(16 U.S.C. 698(d)), as amended by subsection (b), is further amended by
adding at the end the following: ``The authority to exchange lands
under this subsection shall expire on July 1, 1998.''.
(d) Reporting Requirement.--Not later than 6 months after the date
of the enactment of this Act and every 6 months thereafter until the
earlier of the consummation of the exchange of July 1, 1998, the
Secretary of the Interior and the Secretary of Agriculture shall each
submit a report to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate concerning the progress in consummating the land exchange
authorized by the amendments made by the Big Thicket National Preserve
Addition Act of 1993 (Public Law 103-46).
(e) Land Exchange in Liberty County, Texas.--If, within one year
after the date of the enactment of this Act--
(1) the owners of the private lands described in subsection
(f)(1) offer to transfer all their right, title, and interest in
and to such lands to the Secretary of the Interior, and
(2) Liberty County, Texas, agrees to accept the transfer of the
Federal lands described in subsection (f)(2),
the Secretary shall accept such offer of private lands and, in exchange
and without additional consideration, transfer to Liberty County,
Texas, all right, title, and interest of the United States in and to
the Federal lands described in subsection (f)(2).
(f) Lands Described.--
(1) Private lands.--The private lands described in this
paragraph are approximately 3.76 acres of lands located in Liberty
County, Texas, as generally depicted on the map entitled ``Big
Thicket Lake Estates Access--Proposed''.
(2) Federal lands.--The Federal lands described in this
paragraph are approximately 2.38 acres of lands located in Menard
Creek Corridor Unit of the Big Thicket National Preserve, as
generally depicted on the map referred to in paragraph (1).
(g) Administration of Lands Acquired by the United States.--The
lands acquired by the Secretary under subsection (e) shall be added to
and administered as part of the Menard Creek Corridor Unit of the Big
Thicket National Preserve.
SEC. 307. LOST CREEK LAND EXCHANGE.
(a) Land Exchange.--
(1) In general.--Notwithstanding any other provision of law,
the Secretary of Agriculture (referred to in this section as the
``Secretary'') shall--
(A) acquire by exchange certain land and interests in land
owned by R-Y Timber, Inc., and its affiliates, successors, and
assigns (referred to in this section as the ``Corporation''),
located in the Lost Creek and Twin Lakes areas of the
Beaverhead-Deerlodge National Forest, Montana; and
(B)(i) convey certain land and interests in land owned by
the United States and located in the Beaverhead-Deerlodge
National Forest and the Gallatin National Forest, Montana, to
the Corporation; and
(ii) grant the right to harvest timber on land in the
Beaverhead-Deerlodge National Forest and the Gallatin National
Forest as specified in the document under paragraph (4).
(2) Offer and acceptance of land.--
(A) Non-federal land.--If the Corporation offers to convey
to the United States fee title that is acceptable to the
Secretary to approximately 17,567 acres of land owned by the
Corporation and available for exchange, as depicted on the map
entitled ``R-Y/Forest Service Land Exchange Proposal'', dated
June 1996, and described in the document under paragraph (4),
the Secretary shall accept a warranty deed to the land.
(B) Federal land.--
(i) Conveyance.--On acceptance of title to the
Corporation's land under subparagraph (A) and on the
effective date of the document under paragraph (4), the
Secretary shall--
(I) convey to the Corporation, subject to valid
existing rights, by exchange deed, fee title to
approximately 7,185 acres in the Beaverhead-Deerlodge
National Forest; and
(II) grant to the Corporation the right to harvest
approximately 6,200,000 board feet of timber on certain
land in the Beaverhead-Deerlodge National Forest and
approximately 4,000,000 board feet of timber on certain
land in the Gallatin National Forest, collectively
referred to as the harvest volume, as depicted on the
map described in subparagraph (A) and subject to the
terms and conditions stated in the document under
paragraph (4).
(3) Timber harvesting.--
(A) In general.--The timber harvest volume described in
paragraph (2)(B)(i)(II) is in addition to, and is not intended
as an offset against, the present or future planned timber sale
program for the Beaverhead-Deerlodge National Forest or the
Gallatin National Forest, so long as the allowable sale
quantity for each national forest, respectively, is not
exceeded for the planning period.
(B) SBA share.--The Forest Service shall not reduce its
Small Business Administration share of timber sale set-aside
offerings in the Beaverhead-Deerlodge National Forest or the
Gallatin National Forest by reason of the land exchange under
this subsection.
(C) Minimum and maximum annual harvests.--
(i) In general.-- Subject to clause (ii)--
(I) not less than 20 nor more than 30 percent of
the timber described in paragraph (2)(B)(i)(II) shall
be made available by the end of each fiscal year over a
4- or 5-year period beginning with the first fiscal
year that begins after the date of enactment of this
Act; and
(II) the Corporation shall be allowed at least 3
years after the end of each fiscal year in which to
complete the harvest of timber made available for that
fiscal year.
(ii) Exceptional circumstances.--The timber harvest
volumes specified in clause (i) shall not be required in
the case of the occurrence of exceptional circumstances
identified in the agreement under paragraph (4). In the
case of such an occurrence that results in the making
available of less than 20 percent of the timber for any
fiscal year, the Secretary shall provide compensation of
equal value to the Corporation in a form provided for in
the agreement under paragraph (4).
(4) Land exchange specification agreement.--
(A) In general.-- Notwithstanding any other provision of
law, a document entitled ``R-Y/Forest Service Land Exchange
Specifications'' shall be jointly developed and agreed to by
the Corporation and the Secretary.
(B) Descriptions of lands to be exchanged.--The document
under subparagraph (A) shall define the non-Federal and Federal
lands and interests in land to be exchanged and include legal
descriptions of the lands and interests in land and an
agreement to harvest timber on National Forest System land in
accordance with the standard timber contract specifications,
section 251.14 of title 36, Code of Federal Regulations (as in
effect on the date of enactment of this Act), and any other
pertinent conditions.
(C) Submission to congress.--The document under
subparagraph (A)--
(i) upon its completion shall be submitted to the
Committee on Energy and Natural Resources of the Senate and
the Committee on Resources of the House of Representatives;
and
(ii) shall not take effect until 45 days after the date
of submission to both committees.
(D) Design and layout.--
(i) In general.--The Forest Service shall determine the
timber sale design and layout in consultation with the
Corporation.
(ii) Harvest volume.--Identification of the timber
harvest volume shall be determined in accordance with
Department of Agriculture standards.
(iii) Monitoring.--The Forest Service shall monitor
harvest and post-harvestactivities to ensure compliance
with the terms and conditions of the document under subparagraph (A).
(5) Conflict.--In case of conflict between the map described in
paragraph (2)(A) and the document under paragraph (4), the map
shall control.
(b) Title.--
(1) Review of title.--Not later than 60 days after receipt of
title documents from the Corporation, the Secretary shall review
the title for the non-Federal land described in subsection
(a)(2)(A) and determine whether--
(A) title standards of the Department of Justice applicable
to Federal land acquisition have been satisfied or the quality
of title is otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents have been
received and approved;
(C) a current title commitment verifying compliance with
applicable title standards has been issued to the Secretary;
and
(D) the Corporation has complied with the conditions
imposed by this section.
(2) Unacceptable quality of title.--If the quality of title
does not meet Federal standards and is not otherwise acceptable to
the Secretary, the Secretary shall advise the Corporation regarding
corrective actions necessary to make an affirmative determination.
(3) Conveyance of title.--The Secretary shall accept the
conveyance of land described in subsection (a)(2)(A) not later than
60 days after the Secretary has made an affirmative determination
of quality of title.
(c) General Provisions.--
(1) Maps and documents.--
(A) In general.--The map described in subsection (a)(2)(A)
and the document under subsection (a)(4) shall be subject to
such minor corrections may be agreed upon by the Secretary and
the Corporation.
(B) Publc availability.--The map described in subsection
(a)(2)(A) and the document under subsection (a)(4) shall be on
file and available for public inspection in the appropriate
offices for the Forest Service.
(2) National forest system land.--
(A) In general.--All land conveyed to the United States is
not otherwise acceptable to the Secretary, the Secretary shall
advise the Corporation regarding corrective actions necessary
to make an affirmative determination.
(3) Conveyance of title.--The Secretary shall accept the
conveyance of land described in subsection (a)(2)(A) not later than
60 days after the Secretary has made an affirmative determination
of quality of title.
(c) General Provisions.--
(1) Maps and documents.--
(A) In general.--The map described in subsection (a)(2)(A)
and the document under subsection (a)(4) shall be subject to
such minor corrections as may be agreed upon by the Secretary
and the Corporation.
(B) Public availability.--The map described in subsection
(a)(2)(A) and the document under subsection (a)(4) shall be on
file and available for public inspection in the appropriate
offices of the Forest Service.
(2) National forest system land.--
(A) In general.--All land conveyed to the United States
under this section shall be added to and administered as part
of the Beaverhead-Deerlodge National Forest and shall be
administered by the Secretary in accordance with the laws
(including regulations) pertaining to the National Forest
System.
(B) Wilderness study area acquisitions.--Land acquired
under this section that is located within the boundary of a
wilderness area in existence on the date of enactment of this
Act shall be included within the National Wilderness
Preservation System.
(3) Valuation.--The values of the lands and interests in land
to be exchanged under this section are deemed to be equal.
(4) Liability for hazardous substances.--The United States
(including the departments, agencies, and employees of the United
States) shall not be liable under the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.), or any other Federal, State, or local law solely as a
result of the acquisition of an interest in the land described in
subsection (a)(2)(A) or because of circumstances or events
occurring before the acquisition, includingany release or threat of
release of a hazardous substance.
(5) Release from study.--The land comprising approximately
1.320 acres in the Beaverhead-Deerlodge National Forest, as
generally depicted on the map entitled ``West Pioneer Study
Deletion--Proposed'', dated 1994, is released from study under
section 2(a)(1) of the Montana Wilderness Study Act of 1977 (91
Stat. 1243).
SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.
(a) Conveyance by the Secretary of Agriculture.--
(1) Conveyance.--In exchange for the conveyance described in
subsection (b), the Secretary of Agriculture (hereinafter referred
to as the ``Secretary'') shall convey to the Orange County Council
of the Boy Scouts of America all right, title, and interest of the
United States in and to the parcel of land described in paragraph
(2) located in the Cleveland National Forest. The parcel conveyed
by the Secretary shall be subject to valid existing rights and to
any easements that the Secretary considers necessary for public and
administrative access.
(2) Description of parcel.--The parcel of land referred to in
paragraph (1) consists of not more than 60 acres of land in Section
28, Township 9 South, Range 4 East, San Bernardino Meridian, in the
unincorporated territory of San Diego County, California.
(b) Conveyance by the Boy Scouts of America.--
(1) Conveyance.--In exchange for the conveyance described in
subsection (a), the Orange County Council of the Boy Scouts of
America shall convey to the United States all right, title, and
interest to the parcel of land described in paragraph (2). The
parcel conveyed under this subsection shall be subject to such
valid existing rights of record as may be acceptable to the
Secretary, and the title to the parcel shall conform with the title
approval standards applicable to Federal land acquisitions.
(2) Description of parcel.--The parcel of land referred to in
paragraph (1) shall be approximately equal in value to the lands
described in subsection (a)(2) and shall be at least the Southerly
94 acres of the Westerly \1/2\ of Section 34, Township 9 South,
Range 4 East, San Bernardino Meridian, in the unincorporated
territory of San Diego County, California.
(c) Boundary Adjustment.--Upon the completion of the land exchange
authorized under this section, the Secretary shall adjust the
boundaries of the Cleveland National Forest to exclude the parcel
conveyed by the Secretary under subsection (a) and to include the
parcel obtained by the Secretary under subsection (b). For purposes of
section 7 of the Land and Water Conservation Fund Act of 1964 (16
U.S.C. 460l-9), the boundary of the Cleveland National Forest, as
modified by this title, shall be considered the boundary of the forest
as of January 1, 1965.
(d) Incorporation Into Cleveland National Forest.--Upon acceptance
of title by the Secretary, the parcel obtained by the Secretary under
subsection (b) shall become part of the Cleveland National Forest and
shall be subject to all laws applicable to such national forest.
SEC. 309. SAND HOLLOW LAND EXCHANGE.
(a) Definitions.--As used in this section:
(1) District.--The term ``District'' means the Water
Conservancy District of Washington County, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Bulloch site.--The term ``Bulloch Site'' means the lands
located in Kane County, Utah, adjacent to Zion National Park,
comprised of approximately 550 acres, as generally depicted on a
map entitled ``Washington County Water Conservancy District
Exchange Proposal'' and dated May 30, 1996.
(4) Sand hollow site.--The term ``Sand Hollow Site'' means the
lands located in Washington County, Utah, Comprised of
approximately 3,000 acres, as generally depicted on a map entitled
``Washington County Water Conservancy District Exchange Proposal''
and dated May 30, 1996.
(5) Quail creek pipeline.--The term ``Quail Creek Pipeline''
means the lands located in Washington County, Utah, comprised of
approximately 40 acres, as generally depicted on a map entitled
``Washington County Water Conservancy District Exchange Proposal''
and dated May 30, 1996.
(6) Quail creek reservoir.--The term ``Quail Creek Reservoir''
means the lands located in Washington County, Utah, comprised of
approximately 480.5 acres, as generally depicted on a map entitled
``Washington County Water Conservancy District Exchange Proposal''
and dated May 30, 1996.
(7) Smith property.--The term ``Smith Property'' means the
lands located in Washington County, Utah, comprised of
approximately 1,550 acres as generally depicted on a map entitled
``Washington County Water Conservancy District Exchange Proposal''
and dated May 30, 1996.
(b) Exchange.--
(1) In general.--Subject to the provisions of this section, if
within 18 months after the date of the enactment of this Act, the
Water Conservancy District of Washington County, Utah, offers to
transfer to the United States all right, title, and interest of the
District in and to the Bulloch Site, the Secretary of the Interior
shall, in exchange, transfer to the District all right, title, and
interest of the United States in and to the Sand Hollow Site, the
Quail Creek Pipeline and Quail Creek Reservoir, subject to valid
existing rights.
(2) Water rights associated with the bulloch site.--The water
rights associated with the Bulloch Site shall be transferred to the
United States pursuant to Utah State law.
(3) Withdrawal of mineral interests.--Subject to valid existing
rights, the mineral interests underlying the Sand Hollow Site, the
Quail Creek Reservoir, and the Quail Creek Pipeline are hereby
withdrawn from disposition under the public land laws and from
location, entry, and patent under the mining laws of the United
States, from the operation of the mineral leasing laws of the
United States, from the operation of the Geothermal Steam Act of
1970, and from the operation of the Act of July 31, 1947, commonly
known as the ``Materials Act of 1947'' (30 U.S.C. 601 et seq.).
(4) Grazing.--The exchange of lands under paragraph (1) shall
be subject to agreement by the District to continue to permit the
grazing of domestic livestock on the Sand Hollow Site under the
terms and conditions of existing Federal grazing leases or permits,
except that the District, upon terminating any such lease or
permit, shall fully compensate the holder of the terminated lease
or permit.
(c) Equalization of Values.--The value of the lands transferred out
of Federal ownership under subsection (b) either shall be equal to the
value of the lands received by the Secretary under that section or, if
not, shall be equalized by--
(1) to the extent possible, transfer of all right, title, and
interest of the District in and to lands in Washington County,
Utah, and water rights of the District associated thereto, which
are within the area providing habitat for the desert tortoise, as
determined by the Director of the Bureau of Land Management;
(2) transfer of all right, title, and interest of the District
in and to lands in the Smith Site and water rights of the District
associated thereto; and
(3) the payment of money to the Secretary, to the extent that
lands and rights transferred under paragraphs (1) and (2) are not
sufficient to equalize the values of the lands exchanged under
subsection (b)(1).
(d) Management of Lands Acquired by the United States.--Lands
acquired by the Secretary under this section shall be administered by
the Secretary, acting through the Director of the Bureau of Land
Management, in accordance with the provisions of law generally
applicable to the public lands, including the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.).
(e) National Environmental Policy Act of 1976.--The exchange of
lands under this section is not subject to section 102 of the National
Environmental Policy Act of 1969 (42 U.S.C. 4322).
(f) Valuation of Lands To Be Acquired by the United States in
Washington County, Utah.--In acquiring any lands and any interests in
lands in Washington County, Utah, by purchase, exchange, donation or
other transfers of interest, the Secretary of the Interior shall
appraise, value, and offer to acquire such lands and interests without
regard to the presence of a species listed as threatened or endangered
or any proposed or actual designation of such property as critical
habitat for a species listed as threatened or endangered pursuant to
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZATION FOR FISCAL YEARS
1997 THROUGH 2002.
Section 318(a) of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1748(a)) is amended by striking out ``October 1, 1978''
and by inserting in lieu thereof ``October 1, 2002''.
SEC. 311. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
(a) Short Title.--This section may be cited as the ``Kenai Natives
Association Equity Act Amendments of 1996''.
(b) Findings and Purpose.--
(1) Findings.--The Congress finds the following:
(A) The United States Fish and Wildlife Service and Kenai
Natives Association, Inc., have agreed to transfers of certain
land rights, in and near the Kenai National Wildlife Refuge,
negotiated as directed by Public Law 102-458.
(B) The lands to be acquired by the Service are within the
area impacted by the Exxon Valdez oil spill of 1989, and these
lands included important habitat for various species of fish
and wildlife for which significant injury resulting from the
spill has been documented through the EVOS Trustee Council
restoration process. This analysis has indicated that these
lands generally have value for the restoration of such injured
natural resources as pink salmon, dolly varden, bald eagles,
river otters, and cultural and archaeological resources. This
analysis has also indicated that these lands generally have
high value for the restoration of injured species that rely on
these natural resources, including wilderness quality,
recreation, tourism, and subsistence.
(C) Restoration of the injured species will benefit from
acquisition and the prevention of disturbances which may
adversely affect their recovery.
(D) It is in the public interest to complete the
conveyances provided for in this section.
(2) Purpose.--The purpose of this section is to authorize and
direct the Secretary, at the election of KNA, to complete the
conveyances provided for in this section.
(c) Definitions.--For purposes of this section, the term--
(1) ``ANCSA'' means the Alaska Native Claims Settlement Act of
1971 (43 U.S.C. 1601 et seq.);
(2) ``ANILCA'' means the Alaska National Interest Lands
Conservation Act (Public Law 96-487; 94 Stat. 2371 et seq.);
(3) ``conservation system unit'' has the same meaning as in
section 102(4) of ANILCA (16 U.S.C. 3102(4));
(4) ``CIRI'' means the Cook Inlet Region, Inc., a Native
Regional Corporation incorporated in the State of Alaska pursuant
to the terms of ANCSA;
(5) ``EVOS'' means the Exxon Valdez oil spill;
(6) ``KNA'' means the Kenai Natives Association, Inc., an urban
corporation incorporated in the State of Alaska pursuant to the
terms of ANCSA;
(7) ``lands'' means any lands, waters, or interests therein;
(8) ``Refuge'' means the Kenai National Wildlife Refuge;
(9) ``Secretary'' means the Secretary of the Interior;
(10) ``Service'' means the United States Fish and Wildlife
Service; and
(11) ``Terms and Conditions'' means the Terms and Conditions
for Land Consolidation and Management in the Cook Inlet Area, as
clarified on August 31, 1976, ratified by section 12 of Public Law
94-204 (43 U.S.C. 1611 note).
(d) Acquisition of Lands.--
(1) Offer to kna.--
(A) In general.--Subject to the availability of the funds
identified in paragraph (2)(C), no later than 90 days after the
date of enactment of this section, the Secretary shall offer to
convey to KNA the interests in land and rights set forth in
paragraph (2)(B), subject to valid existing rights, in return
for the conveyance by KNA to the United States of the interests
in land or relinquishment of ANCSA selections set forth in
paragraph (2)(A). Payment for the lands conveyed to the United
States by KNA is contingent upon KNA's acceptance of the entire
conveyance outlined herein.
(B) Limitation.--The Secretary may not convey any lands or
make payment to KNA under this section unless title to the
lands to be conveyed by KNA under this section has been found
by the United States to be sufficient in accordance with the
provisions of section 355 of the Revised Statutes (40 U.S.C.
255).
(2) Acquisition lands.--
(A) Lands to be conveyed to the united states.--The lands
to be conveyed by KNA to the United States, or the valid
selection rights under ANCSA to be relinquished, all situated
within the boundary of the Refuge, are the following:
(i) The conveyance of approximately 803 acres located
along and on islands within the Kenai River, known as the
Stephanka Tract.
(ii) The conveyance of approximately 1,243 acres
located along the Moose River, known as the Moose River
Patented Lands Tract.
(iii) The relinquishment of KNA's selection known as
the Moose River Selected Tract, containing approximately
753 acres located along the Moose River.
(iv) The relinquishment of KNA's remaining ANCSA
entitlement of approximately 454 acres.
(v) The relinquishment of all KNA's remaining
overselections. Upon completion of all relinquishments
outlined above, all KNA's entitlement shall be deemed to be
extinguished and the completion of this acquisition will
satisfy all of KNA's ANCSA entitlement.
(vi) The conveyance of an access easement providing the
United States and its assigns access across KNA's surface
estate in the SW\1/4\ of section 21, T. 6 N., R. 9 W.,
Seward Meridian, Alaska.
(vii) The conveyance of approximately 100 acres within
the Beaver Creek Patented Tract, which is contiguous to
lands being retained by the United States contiguous to the
Beaver Creek Patented Tract, in exchange for 280 acres of
Service lands currently situated within the Beaver Creek
Selected Tract.
(B) Lands to be conveyed to kna.--The rights provided or
lands to be conveyed by the United States to KNA, are the
following:
(i) The surface and subsurface estate to approximately
5 acres, subject to reservations of easements for existing
roads and utilities, located within the city of Kenai,
Alaska, identified as United States Survey 1435, withdrawn
by Executive Order 2943 and known as the old Fish and
Wildlife Service Headquarters site.
(ii) The remaining subsurface estate held by the United
States to approximately 13,651 acres, including portions of
the Beaver Creek Patented Tract, the Beaver Creek Selected
Tract, and portions of the Swanson River Road West Tract
and the Swanson River Road East Tract, where the surface
was previously or will be conveyed to KNA pursuant to this
Act but excluding the SW\1/4\ of section 21, T. 6 N., R. 9
W, Seward Meridian, Alaska, which will be retained by the
United States. The conveyance of these subsurface interests
will be subject to the rights of CIRI to the coal, oil,
gas, and to all rights CIRI, its successors, and assigns
would have under paragraph 1(B) of the Terms and
Conditions, including the right to sand and gravel, to
construct facilities, to have rights-of-way, and to
otherwise develop it subsurface interests.
(iii)(I) The nonexclusive right to use sand and gravel
which is reasonably necessary for on-site development
without compensation or permit on those portions of the
Swanson River Road East Tract, comprising approximately
1,738.04 acres; where the entire subsurface of the land is
presently owned by the United States. The United States
shall retain the ownership of all other sand and gravel
located within the subsurface and KNA shall not sell or
dispose of such sand and gravel.
(II) The right to excavate within the subsurface estate
as reasonably necessary for structures, utilities,
transportation systems, and other development of the
surface estate.
(iv) The nonexclusive right to excavate within the
subsurface estate as reasonably necessary for structures,
utilities, transportation systems, and other development of
the surface estate on the SW\1/4\, section 21, T. 6 N., R.
9 W., Seward Meridian, Alaska, where the entire subsurface
of the land is owned by the United States and which public
lands shall continue to be withdrawn from mining following
their removal from the Refuge boundary under paragraph
(3)(A)(ii). The United States shall retain the ownership of
all other sand and gravel located within the subsurface of
this parcel.
(v) The surface estate of approximately 280 acres known
as the Beaver Creek Selected Tract. This tract shall be
conveyed to KNA in exchange for lands conveyed to the
United States as described in paragraph (2)(A)(ii).
(C) Payment.--The United States shall make a total cash
payment to KNA for the above-described lands of $4,443,000,
contingent upon the appropriate approvals of the Federal or
State of Alaska EVOS Trustees (or both) necessary for any
expenditure of the EVOS settlement funds.
(D) National register of historic places.--Upon completion
of the acquisition authorized in paragraph (1), the Secretary
shall, at no cost to KNA, in coordination with KNA, promptly
undertake to nominate the Stephanka Tract to the National
Register of Historic Places, in recognition of the
archaeological artifacts from the original Dena'ina Settlement.
If the Department of the Interior establishes a historical,
cultural, or archaeological interpretive site, KNA shall have
the exclusive right to operate a Dena'ina interpretive site on
the Stephanka Tract under the regulations and policies of the
department. If KNA declines to operate such a site, the
department may do so under its existing authorities. Prior to
the department undertaking any archaeological activities
whatsoever on the Stephanka Tract, KNA shall be consulted.
(3) General provisions.--
(A) Removal of kna lands from the national wildlife refuge
system.--
(i) Effective on the date of closing for the
Acquisition Lands identified in paragraph (2)(B), all lands
retained by or conveyed to KNA pursuant to this section,
and the subsurface interests of CIRI underlying such lands
shall be automatically removed from the National Wildlife
Refuge System and shall neither be considered as part of
the Refuge nor subject to any laws pertaining solely to
lands within the boundaries of the Refuge. The conveyance
restrictions imposed by section 22(g) of ANCSA (i) shall
then be ineffective and cease to apply to such interests of
KNA and CIRI, and (ii) shall not be applicable to the
interests received by KNA in accordance with paragraph
(2)(B) or to the CIRI interests underlying them. The
Secretary shall adjust the boundaries of the Refuge so as
to exclude all interests in lands retained or received in
exchange by KNA in accordance with this section, including
both surface and subsurface, and shall also exclude all
interests currently held by CIRI. On lands within the
Swanson River Road East Tract, the boundary adjustment
shall only include the surface estate where the subsurface
estate is retained by the United States.
(ii)(I) The Secretary, KNA, and CIRI shall execute an
agreement within 45 days of the date of enactment of this
section which preserves CIRI's rights under paragraph
1(B)(1) of the Terms and Conditions, addresses CIRI's
obligations under such paragraph, and adequately addresses
management issues associated with the boundary adjustment
set forth in this section and with the differing interests
in land resulting from enactment of this section.
(II) In the event that no agreement is executed as
provided for in subclause (I), solely for the purposes of
administering CIRI's rights under paragraph 1(B)(1) of the
Terms and Conditions, the Secretary and CIRI shall be
deemed to have retained their respective rights and
obligations with respect to CIRI's subsurface interests
under the requirements of the Terms and Conditions in
effect on June 18, 1996. Notwithstanding the boundary
adjustments made pursuant to this section, conveyances to
KNA shall be deemed to remain subject to the Secretary's
and CIRI's rights and obligations under paragraph 1(B)(1)
of the Terms and Conditions.
(iii) The Secretary is authorized to acquire by
purchase or exchange, on a willing seller basis only, any
lands retained by or conveyed to KNA. In the event that any
lands owned by KNA are subsequently acquired by the United
States, they shall be automatically included in the Refuge
System. The laws and regulations applicable to Refuge lands
shall then apply to these lands and the Secretary shall
then adjust the boundaries accordingly.
(iv) Nothing in this section is intended to enlarge or
diminish the authorities, rights, duties, obligations, or
the property rights held by CIRI under the Terms and
Conditions, or otherwise except as set forth in this
section. In the event of the purchase by the United States
of any lands from KNA in accordance with subparagraph
(A)(ii), the United States shall reassume from KNA the
rights it previously held under the Terms and Conditions
and the provisions in any patent implementing section 22(g)
of ANCSA will again apply.
(v) By virtue of implementation of this section, CIRI
is deemed entitled to 1,207 acres of in-lieu subsurface
entitlement under section 12(a)(1) of ANCSA. Such
entitlement shall be fulfilled in accordance with paragraph
1(B)(2)(A) of the Terms and Conditions.
(B) Maps and legal descriptions.--Maps and a legal
description of the lands described above shall be on file and
available for public inspection in the appropriate offices of
the United States Department of the Interior, and the Secretary
shall, no later than 90 days after enactment of this section,
prepare a legal description of the lands described in paragraph
(2)(A)(vii). Such maps and legal description shall have the
same force and effect as if included in the section, except
that the Secretary may correct clerical and typographical
errors.
(C) Acceptance.--KNA may accept the offer made in this
section by notifying the Secretary in writing of its decision
within 180 days of receipt of the offer. In the event the offer
is rejected, the Secretary shall notify the Committee on
Resources of the House of Representatives and the Committee on
Energy and Natural Resources and the Committee on Environment
and Public Works of the Senate.
(D) Final maps.--Not later than 120 days after the
conclusion of the acquisition authorized by paragraph (1), the
Secretary shall transmit a final report and maps accurately
depicting the lands transferred and conveyed pursuant to this
section and the acreage and legal descriptions of such lands to
the Committee on Resources of the House of Representatives and
the Committee on Energy and Natural Resources and the Committee
on Environment and Public Works of the Senate.
(e) Adjustments to National Wilderness System.--Upon acquisition of
lands by the United States pursuant to subsection (d)(2)(A), that
portion of the Stephanka Tract lying south and west of the Kenai River,
consisting of approximately 592 acres, shall be included in and managed
as part of the Kenai Wilderness and such lands shall be managed in
accordance with the applicable provisions of the Wilderness Act and
ANILCA.
(f) Designation of Lake Todatonten Special Management Area.--
(1) Purpose.--To balance the potential effects on fish,
wildlife, and habitat of the removal of KNA lands from the Refuge
System, the Secretary is hereby directed to withdraw, subject to
valid existing rights, from location, entry, and patent under the
mining laws and to create as a special management unit for the
protection of fish, wildlife, and habitat, certain unappropriated
and unreserved public lands, totaling approximately 37,000 acres
adjacent to the west boundary of the Kanuti National Wildlife
Refuge to be know as the ``Lake Todatonten Special Management
Area'', as depicted on the map entitled ``Proposed: Lake Todatonten
Special Management Area'', dated June 13, 1996, and to be managed
by the Bureau of Land Management.
(2) Management.--
(A) Such designation is subject to all valid existing
rights as well as the subsistence preferences provided under
title VIII of ANILCA. Any lands conveyed to the State of Alaska
shall be removed from the Lake Todatonten Special Management
Area.
(B) The Secretary may permit any additional uses of the
area, or grant easements, only to the extent that such use,
including leasing under the mineral leasing laws, is determined
to not detract from nor materially interfere with the purposes
for which the Special Management Area is established.
(C)(i) The BLM shall establish the Lake Todatonten Special
Management Area Committee. The membership of the Committee
shall consist of 11 members as follows:
(I) Two residents each from the villages of Alatna,
Allakaket, Hughes, and Tanana.
(II) One representative from each of Doyon Corporation,
the Tanana Chiefs Conference, and the State of Alaska.
(ii) Members of the Committee shall serve without pay.
(iii) The BLM shall hold meetings of the Lake Todatonten
Special Management Area Committee at least once per year to
discuss management issues within the Special Management Area.
The BLM shall not allow any new type of activity in the Special
Management Area without first conferring with the Committee in
a timely manner.
(3) Access.--The Secretary shall allow the following:
(A) Private access for any purpose, including economic
development, to lands within the boundaries of the Special
Management Area which are owned by third parties or are held in
trust by the Secretary for third parties pursuant to the Alaska
Native Allotment Act (25 U.S.C. 336). Such rights may be
subject to restrictions issued by the BLM to protect
subsistence uses of the Special Management Area.
(B) Existing public access across the Special Management
Area. Section 1110(a) of ANILCA shall apply to the Special
Management Area.
(4) Secretarial order and maps.--The Secretary shall file with
the Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee on
Environment and Public Works of the Senate, the Secretarial Order
and maps setting forth the boundaries of the Area within 90 days of
the completion of the acquisition authorized by this section. Once
established, this Order may only be amended or revoked by Act of
Congress.
(5) Authorization of appropriations.--There are authorized to
be appropriated such sums as may be necessary to carry out the
purposes of this section.
TITLE IV--RIVERS AND TRAILS
SEC. 401. RIO PUERCO WATERSHED.
(a) Management Program.--
(1) In general.--The Secretary of the Interior, acting through
the Director of the Bureau of Land Management shall--
(A) in consultation with the Rio Puerco Management
Committee established by subsection (b)--
(i) establish a clearinghouse for research and
information on management within the area identified as the
Rio Puerco Drainage Basin, as depicted on the map entitled
``the Rio Puerco Watershed'' dated June 1994, including--
(I) current and historical natural resource
conditions; and
(II) data concerning the extent and causes of
watershed impairment; and
(ii) establish an inventory of best management
practices and related monitoring activities that have been
or may be implemented within the area identified as the Rio
Puerco Watershed Project, as depicted on the map entitled
``the Rio Puerco Watershed'' dated June 1994; and
(B) provide support to the Rio Puerco Management Committee
to identify objectives, monitor results of ongoing projects,
and develop alternative watershed management plans for the Rio
Puerco Drainage Basin, based on best management practices.
(2) Rio puerco management report.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Interior, in
consultation with the Rio Puerco Management Committee, shall
prepare a report for the improvement of watershed conditions in
the Rio Puerco Drainage Basis described in paragraph (1)(A).
(B) Contents.--The report under subparagraph (A) shall--
(i) identify reasonable and appropriate goals and
objectives for landowners and managers in the Rio Puerco
Watershed;
(ii) describe potential alternative actions to meet the
goals and objectives, including proven best management
practices and costs associated with implementing the
actions;
(iii) recommend voluntary implementation of appropriate
best management practices on public and private lands;
(iv) provide for cooperative development of management
guidelines for maintaining and improving the ecological,
cultural, and economic conditions on public and private
lands;
(v) provide for the development of public participation
and community outreach programs that would include
proposals for--
(I) cooperative efforts with private landowners to
encourage implementation of best management practices
within the watershed; and
(II) involvement of private citizens in restoring
the watershed;
(vi) provide for the development of proposals for
voluntary cooperative programs among the members of the Rio
Puerco Management Committee to implement best management
practices in a coordinated, consistent, and cost-effective
manner;
(vii) provide for the encouragement of, and support
implementation of, best management practices on private
lands; and
(viii) provide for the development of proposals for a
monitoring system that--
(I) builds on existing data available from private,
Federal, and State sources;
(II) provides for the coordinated collection,
evaluation, and interpretation of additional data as
needed or collected; and
(III) will provide information to assess existing
resource and socioeconomic conditions; identify
priority implementation actions; and assess the
effectiveness of actions taken.
(b) Rio Puerco Management Committee.--
(1) Establishment.--There is established the Rio Puerco
Management Committee (referred to in this section as the
``Committee'').
(2) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management and shall include
representatives from--
(A) the Rio Puerco Watershed Committee;
(B) affected tribes and pueblos;
(C) the National Forest Service of the Department of
Agriculture;
(D) the Bureau of Reclamation;
(E) the United States Geological Survey;
(F) the Bureau of Indian Affairs;
(G) the United States Fish and Wildlife Service;
(H) the Army Corps of Engineers;
(I) the Natural Resources Conservation Service of the
Department of Agriculture;
(J) the State of New Mexico, including the New Mexico
Environment Department of the State Engineer;
(K) affected local soil and water conservation districts;
(L) the Elephant Butte Irrigation District;
(M) private landowners; and
(N) other interested citizens.
(3) Duties.--The Rio Puerco Management Committee shall--
(A) advise the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, on the
development and implementation of the Rio Puerco Management
Program described in subsection (a); and
(B) serve as a forum for information about activities that
may affect or further the development and implementation of the
best management practices described in subsection (a)
(4) Termination.--The Committee shall terminate on the date
that is 10 years after the date of enactment of this Act.
(c) Report.--Not later than the date that is 2 years after the date
of enactment of this Act, and biennially thereafter, the Secretary of
the Interior, in consultation with the Rio Puerco Management Committee,
shall transmit to the Committee on Energy and Natural Resources of the
Senate and to the Committee on Resources of the House of
Representatives a report containing--
(1) a summary of activities of the management program under
subsection (a); and
(2) proposals for joint implementation efforts, including
funding recommendations.
(d) Lower Rio Grande Habitat Study.--
(1) In general.--The Secretary of the Interior, in cooperation
with appropriate State agencies, shall conduct a study of the Rio
Grande that--
(A) shall cover the distance from Caballo Lake to Sunland
Park, New Mexico; and
(B) may cover a greater distance.
(2) Contents.--The study under paragraph (1) shall include--
(A) a survey of the current habitat conditions of the river
and its riparian environment;
(B) identification of the changes in vegetation and habitat
over the past 400 years and the effect of the changes on the
river and riparian area; and
(C) an assessment of the feasibility, benefits, and
problems associated with activities to prevent further habitat
loss and to restore habitat through reintroduction or
establishment of appropriate native plant species.
(3) Transmittal.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior shall transmit the study under paragraph
(1) to the Committee on Energy and Natural Resources of the Senate
and to the Committee on Resources of the House of Representatives.
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section a total of $7,500,000 for the 10
fiscal years beginning after the date of enactment of this Act.
SEC. 402. OLD SPANISH TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new paragraph:
``( ) The Old Spanish Trail, beginning in Santa Fe, New Mexico,
proceeding through Colorado and Utah, and ending in Los Angeles,
California, and the Northern Branch of the Old Spanish Trail, beginning
near Espanola, New Mexico, proceeding through Colorado, and ending near
Crescent Junction, Utah.''.
SEC. 403. GREAT WESTERN SCENIC TRAIL.
Section 5(c) of the National Trails System Act (16 U.S.C. 1244(c))
is amended by adding at the end the following new paragraph:
``( ) The Great Western Scenic Trail, a system of trails to
accommodate a variety of travel users in a corridor of approximately
3,100 miles in length extending from the Arizona-Mexico border to the
Idaho-Montana-Canada border, following the approximate route depicted
on the map identified as `Great Western Trail Corridor, 1988', which
shall be on file and available for public inspection in the Office of
the Chief of the Forest Service, United States Department of
Agriculture. The trail study shall be conducted by the Secretary of
Agriculture, in consultation with the Secretary of the Interior, in
accordance with subsection (b) and shall include--
``(A) the current status of land ownership and current and
potential use along the designated route;
``(B) the estimated cost of acquisition of lands or interests
in lands, if any; and
``(C) an examination of the appropriateness of motorized trail
use along the trail.''.
SEC. 404. HANFORD REACH PRESERVATION.
Section 2 of Public Law 100-605 is amended as follows:
(1) By striking ``INTERIM'' in the section heading.
(2) By striking ``For a period of eight years after'' and
inserting ``After'' in subsection (a).
(3) By striking in subsection (b) ``During the eight year
interim protection period, provided by this section, all'' and
inserting ``All''.
SEC. 405. LAMPREY WILD AND SCENIC RIVER.
(a) Designation.--Section 3(a) of the Wild and Scenic Rivers Act
(16 U.S.C. 1274(a)) is amended by adding the following new paragraph at
the end thereof:
``( ) Lamprey River, New Hampshire.--The 11.5-mile segment
extending from the southern Lee town line to the confluence with the
Piscassic River in the vicinity of the Durham-Newmarket town line
(hereinafter in this paragraph referred to as the `segment') as a
recreational river. The segment shall be administered by the Secretary
of the Interior through cooperation agreements between the Secretary
and the State of New Hampshire and its relevant political subdivisions,
namely the towns of Durham, Lee, and Newmarket, pursuant to section
10(e) of this Act. The segment shall be managed in accordance with the
Lamprey River Management Plan dated January 10, 1995, and such
amendments thereto as the Secretary of the Interior determines are
consistent with this Act. Such plan shall be deemed to satisfy the
requirements for a comprehensive management plan pursuant to section
3(d) of this Act.''.
(b) Management.--
(1) Committee.--The Secretary of the Interior shall coordinate
his management responsibilities under this Act with respect to the
segment designated by subsection (a) with the Lamprey River
Advisory Committee established pursuant to New Hampshire RSA 483.
(2) Land management.--The zoning ordinances duly adopted by the
towns of Durham, Lee, and Newmarket, New Hampshire, including
provisions for conservation of shorelands, floodplains, and
wetlands associated with the segment, shall be deemed to satisfy
the standards and requirements of section 6(c) of the Wild and
Scenic Rivers Act, and the provisions of that section, which
prohibit Federal acquisition of lands by condemnation, shall apply
to the segment designated by subsection (a). The authority of the
Secretary to acquire lands for the purposes of this paragraph 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 Lamprey River Management Plan.
(c) Upstream Segment.--Upon request by the town of Epping, which
abuts an additional 12 miles of river found eligible for designation as
a recreational river, the Secretary of the Interior shall offer
assistance regarding continued involvement of the town of Epping in the
implementation of the Lamprey River Management Plan and in
consideration of potential future addition of that portion of the river
within Epping as a component of the Wild and Scenic Rivers System.
SEC. 406. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996.
(a) Amendments Pertaining to the New River Gorge National River.--
(1) Boundaries.--Section 1101 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by striking
out ``NERI-80,023, dated January 1987'' and inserting ``NERI-
80,028A, dated March 1996''.
(2) Fish and wildlife management.--Section 1106 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460m-20) is amended by
adding the following at the end thereof: ``The Secretary shall
permit the State of West Virginia to undertakefish stocking
activities carried out by the State, in consultation with the
Secretary, on waters within the boundaries of the national river.
Nothing in this Act shall be construed as affecting the jurisdiction of
the State of West Virginia with respect to fish and wildlife.''.
(3) Conforming amendments.--Title XI of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m-15 et seq.) is amended by
adding the following new section at the end thereof:
``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.
``(a) Cooperative Agreements.--The provisions of section 202(e)(1)
of the West Virginia National Interest River Conservation Act of 1987
(16 U.S.C. 460ww-1(e)(1)) shall apply to the New River Gorge National
River in the same manner and to the same extent as such provisions
apply to the Gauley River National Recreation Area.
``(b) Remnant Lands.--The provisions of the second sentence of
section 203(a) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall apply to tracts
of land partially within the boundaries of the New River Gorge National
River in the same manner and to the same extent as such provisions
apply to tracts of land only partially within the Gauley River National
Recreation Area.''.
(b) Visitor Center.--The Secretary of the Interior is authorized to
construct a visitor center and such other related facilities as may be
deemed necessary to facilitate visitor understanding and enjoyment of
the New River Gorge National River and the Gauley River National
Recreation Area in the vicinity of the confluence of the New and Gauley
Rivers. Such center and related facilities are authorized to be
constructed at a site outside of the boundary of the New River Gorge
National River or Gauley River National Recreation Area unless a
suitable site is available within the boundaries of either unit.
(c) Amendments Pertaining to the Gauley River National Recreation
Area.--
(1) Technical amendment.--Section 205(c) of the West Virginia
National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-
4(c)) is amended by adding the following at the end thereof: ``If
project construction is not commenced within the time required in
such license, or if such license is surrendered at any time, such
boundary modification shall cease to have any force and effect.''.
(2) Gauley access.--Section 202(e) of the West Virginia
National Interest River Conservation Act of 1987 (16 U.S.C. 460ww-
1(e)) is amended by adding the following new paragraph at the end
thereof:
``(4) Access to river.--(A) In order to facilitate public
safety, use, and enjoyment of the recreation area, and to protect,
to the maximum extent feasible, the scenic and natural resources of
the area, the Secretary is authorized and directed to acquire such
lands or interests in lands and to take such actions as are
necessary to provide access by noncommercial entities on the north
side of the Gauley River at the area known as Woods Ferry utilizing
existing roads and rights-of-way. Such actions by the Secretary
shall include the construction of parking and related facilities in
the vicinity of Woods Ferry for noncommercial use on lands acquired
pursuant to paragraph (3) or on lands acquired with the consent of
the owner thereof within the boundaries of the recreation area.
``(B) If necessary, in the discretion of the Secretary, in
order to minimize environmental impacts, including visual impacts,
within portions of the recreation area immediately adjacent to the
river, the Secretary may, by contract or otherwise, provide
transportation services for noncommercial visitors,at reasonable
cost, between such parking facilities and the river.
``(C) Nothing in subparagraph (A) shall affect the rights of
any person to continue to utilize, pursuant to a lease in effect on
April 1, 1993, any right of way acquired pursuant to such lease
which authorizes such person to use an existing road referred to in
subparagraph (A). Except as provided under paragraph (2) relating
to access immediately downstream of the Summersville project, until
there is compliance with this paragraph the Secretary is prohibited
from acquiring or developing any other river access points within
the recreation area.''.
(d) Amendments Pertaining to the Bluestone National Scenic River.--
(1) Boundaries.--Section 3(a)(65) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(a)(65)) is amended by striking out ``WSR-BLU/
20,000, and dated January 1987'' and inserting ``BLUE-80,005, dated
May 1996''.
(2) Public access.--Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by adding the
following at the end thereof: ``In order to provide reasonable
public access and vehicle parking for public use and enjoyment of
the river designated by this paragraph, consistent with the
preservation and enhancement of the natural and scenic values of
such river, the Secretary may, with the consent of the owner
thereof, negotiate a memorandum of understanding or cooperative
agreement, or acquire not more than 10 acres of lands or interests
in such lands, or both, as may be necessary to allow public access
to the Bluestone River and to provide, outside the boundary of the
scenic river, parking and related facilities in the vicinity of the
area known as Eads Mill.''.
SEC. 407. TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS ACT.
(a) Numbering of Paragraphs.--The unnumbered paragraphs in section
3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), relating to
each of the following river segments, are each amended by numbering
such paragraphs as follows:
River:
Paragraph Number
East Fork of Jemez, New Mexico....................................
(109)
Pecos River, New Mexico...........................................
(110)
Smith River, California...........................................
(111)
Middle Fork Smith River, California...............................
(112)
North Fork Smith River, California................................
(113)
Siskiyou Fork Smith River, California.............................
(114)
South Fork Smith River, California................................
(115)
Clarks Fork, Wyoming..............................................
(116)
Niobrara, Nebraska................................................
(117)
Missouri River, Nebraska and South Dakota.........................
(118)
Bear Creek, Michigan..............................................
(119)
Black, Michigan...................................................
(120)
Carp, Michigan....................................................
(121)
Indian, Michigan..................................................
(122)
Manistee, Michigan................................................
(123)
Ontonagon, Michigan...............................................
(124)
Paint, Michigan...................................................
(125)
Pine, Michigan....................................................
(126)
Presque Isle, Michigan............................................
(127)
Sturgeon, Hiawatha National Forest, Michigan......................
(128)
Sturgeon, Ottawa National Forest, Michigan........................
(129)
East Branch of the Tahquamenon, Michigan..........................
(130)
Whitefish, Michigan...............................................
(131)
Yellow Dog, Michigan..............................................
(132)
Allegheny, Pennsylvania...........................................
(133)
Big Piney Creek, Arkansas.........................................
(134)
Buffalo River, Arkansas...........................................
(135)
Cossatot River, Arkansas..........................................
(136)
Hurricane Creek, Arkansas.........................................
(137)
Little Missouri River, Arkansas...................................
(138)
Mulberry River, Arkansas..........................................
(139)
North Sylamore Creek, Arkansas....................................
(140)
Richland Creek, Arkansas..........................................
(141)
Sespe Creek, California...........................................
(142)
Sisquoc River, California.........................................
(143)
Big Sur River, California.........................................
(144)
Great Egg Harbor River, New Jersey................................
(145)
The Maurice River, Middle Segment.................................
(146)
The Maurice River, Middle Segment.................................
(147)
The Maurice River, Upper Segment..................................
(148)
The Menantico Creek, Lower Segment................................
(149)
The Menantico Creek, Upper Segment................................
(150)
Manumuskin River, Lower Segment...................................
(151)
Manumuskin River, Upper Segment...................................
(152)
Muskee Creek, New Jersey..........................................
(153)
Red River, Kentucky...............................................
(154)
Rio Grande, New Mexico............................................
(155)
Farmington River, Connecticut.....................................
(156)
(b) Study Rivers.--Section 5(a) of such Act is amended as follows:
(1) Paragraph (106), relating to St. Mary's, Florida, is
renumbered as paragraph (108).
(2) Paragraph (112), relating to White Clay Creek, Delaware and
Pennsylvania, is renumbered as paragraph (113).
(3) The unnumbered paragraphs, relating to each of the
following rivers, are amended by numbering such paragraphs as
follows:
River:
Paragraph Number
Mills River, North Carolina.......................................
(109)
Sudbury, Assabet, and Concord, Massachusetts......................
(110)
Niobrara, Nebraska................................................
(111)
Lamprey, New Hampshire............................................
(112)
Brule, Michigan and Wisconsin.....................................
(114)
Carp, Michigan....................................................
(115)
Little Manistee, Michigan.........................................
(116)
White, Michigan...................................................
(117)
Ontonagon, Michigan...............................................
(118)
Paint, Michigan...................................................
(119)
Presque Isle, Michigan............................................
(120)
Sturgeon, Ottawa National Forest, Michigan........................
(121)
Sturgeon, Hiawatha National Forest, Michigan......................
(122)
Tahquamenon, Michigan.............................................
(123)
Whitefish, Michigan...............................................
(124)
Clarion, Pennsylvania.............................................
(125)
Mill Creek, Jefferson and Clarion Counties, Pennsylvania..........
(126)
Piru Creek, California............................................
(127)
Little Sur River, California......................................
(128)
Matilija Creek, California........................................
(129)
Lopez Creek, California...........................................
(130)
Sespe Creek, California...........................................
(131)
North Fork Merced, California.....................................
(132)
Delaware River, Pennsylvania and New Jersey.......................
(133)
New River, West Virginia and Virginia.............................
(134)
Rio Grande, New Mexico............................................
(135)
SEC. 408. PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO.
(a) North St. Vrain Creek and Adjacent Lands.--The Act of January
26, 1915, establishing Rocky Mountain National Park (38 Stat. 798; 16
U.S.C. 191 et seq.), is amended by adding the following new section at
the end thereof:
``SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.
``Neither the Secretary of the Interior nor any other Federal
agency or officer may approve or issue any permit for, or provide any
assistance for, the construction of any new dam, reservoir, or
impoundment on any segment of North St. Vrain Creek or its tributaries
within the boundaries of Rocky Mountain National Park or on the main
stem of North St. Vrain Creek downstream to the point at which the
creek crosses the elevation 6,550 feet above mean sea level. Nothing in
this section shall be construed to prevent the issuance of any permit
for the construction of a new water gauging station on North St. Vrain
Creek at the point of its confluence with Coulson Gulch.''.
(b) Encouragement of Exchanges.--
(1) Lands inside rocky mountain national park.--Promptly
following enactment of this Act, the Secretary of the Interior
shall seek to acquire by donation or exchange those lands within
the boundaries of Rocky Mountain National Park owned by the city of
Longmont, Colorado, that are referred to in section 111(d) of the
Act commonly referred to as the ``Colorado Wilderness Act of 1980''
(Public Law 96-560; 94 Stat. 3272; 16 U.S.C. 192b-9(d)).
(2) Other lands.--The Secretary of Agriculture shall
immediately and actively pursue negotiations with the city of
Longmont, Colorado, concerning the city's proposed exchange of
lands owned by the city and located in and near Coulson Gulch for
other lands owned by the United States. The Secretary shall report
to Congress 2 calendar years after the date of enactment of this
Act, and every 2 years thereafter on the progress of such
negotiations until negotiations are complete.
TITLE V--HISTORIC AREAS AND CIVIL RIGHTS
SEC. 501. THE SELMA TO MONTGOMERY 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 thereof the following new paragraph:
``( ) The Selma to Montgomery National Historic Trail, consisting
of 54 miles of city streets and United States Highway 80 from Brown
Chapel A.M.E. Church in Selma to the State Capitol Building in
Montgomery, Alabama, traveled by voting rights advocates during March
1965 to dramatize the need for voting rights legislation, as generally
described in the report of the Secretary of the Interior prepared
pursuant to subsection (b) of this section entitled ``Selma to
Montgomery'' and dated April 1993. Maps depicting the route shall be on
file and available for public inspection in the Office of the National
Park Service, Department of the Interior. The trail shall be
administered in accordance with this Act, including section 7(h). The
Secretary of the Interior, acting through the National Park Service,
which shall be the lead Federal agency, shall cooperate with other
Federal, State and local authorities to preserve historic sites along
the route, including (but not limited to) the Edmund Pettus Bridge and
the Brown Chapel A.M.E. Church.''.
SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE.
(a) Establishment.--There is established the Vancouver National
Historic Reserve in the State of Washington (referred to in this
section as the ``Reserve''), consisting of the area described in the
report entitled ``Vancouver National Historic Reserve Feasibility Study
and Environmental Assessment'' published by the Vancouver Historical
Assessment'' published by the Vancouver Historical Study Commission and
dated April 1993 as authorized by Public Law 101-523 (referred to in
this section as the ``Vancouver Historic Reserve Report'').
(b) Administration.--(1) The Reserve shall be administered through
a general management plan developed in accordance with this section,
and approved by the Secretary of the Interior and the Secretary of the
Army.
(2) Not later than three years after the date of enactment of this
Act, the National Park Service shall submit to the Secretaries a
general management plan for the administration of the Reserve.
(3) The general management plan shall be developed by a Partnership
comprised of a representative from the National Park Service, a
representative of the Historic Preservation Office of the State of
Washington, a representative of the Department of the Army, and a
representative of the City of Vancouver, Washington.
(4) The general management plan shall be developed in accordance
with the specific findings and recommendations of the Vancouver
Historic Reserve Report, along with any other considerations not
otherwise in conflict with the Report, and shall include at a minimum a
statement of purpose, an interpretive plan, and an economic plan for
Pearson Field.
(5) The Reserve shall not be deemed to be a new unit of the
National Park System.
(c) No Limitation on FAA Authority.--The establishment of the
Reserve shall not limit--
(1) the authority of the Federal Aviation Administration over
air traffic control, or aviation activities at Pearson Airpark; or
(2) limit operations and airspace in the vicinity of Portland
International Airport.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $400,000 per year for operational costs for each fiscal
year following enactment of this Act and $5,000,000 for development
costs.
SEC. 503. EXTENSION OF KALOKO-HONOKOHAU ADVISORY COMMISSION.
(a) Kaloko-Honokohau National Historical Park.-- Notwithstanding
section 505(f)(7) of Public Law 95-625 (16 U.S.C. 396d(f)(7)), the Na
Hoa Pili O Kaloko-Honokohau, the Advisory Commission for Kaloko-
Honokohau National Historical Park, is hereby re-established in
accordance with section 505(f), as amended by paragraph (2) of this
subsection.
(b) Conforming Amendment.--Section 505(f)(7) of Public Law 95-625
(16 U.S.C. 396d(7)), is amended by striking ``this Act'' and inserting
in lieu thereof, ``the Na Hoa Pili Kaloko-Honokohau Re-establishment
Act of 1996''.
SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC PARK ACT.
Section 3(b) of the Boston National Historical Park Act of 1974 (16
U.S.C. 410z-1(b)) is amended by inserting ``(1)'' before the first
sentence thereof and by adding the following at the end thereof:
``(2) The Secretary of the Interior is authorized to enter into a
cooperative agreement with the Boston Public Library to provide for the
distribution of informational and interpretive materials relating to
the park and to the Freedom Trail.''.
SEC. 505. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.
(a) Inclusion of Other Properties.--Section 1601(c) of Public Law
96-607 (16 U.S.C. 410ll) is amended to read as follows:
``(c) Establishment.--To carry out the purposes of this section
there is hereby established the Women's Rights National Historical Park
(hereinafter in this section referred to as the ``park''). The park
shall consist of the following designated sites in Seneca Falls and
Waterloo, New York:
``(1) Stanton House, 32 Washington Street, Seneca Falls;
``(2) dwelling, 30 Washington Street, Seneca Falls;
``(3) dwelling, 34 Washington Street, Seneca Falls;
``(4) lot, 26-28 Washington Street, Seneca Falls;
``(5) former Wesleyan Chapel, 126 Fall Street, Seneca Falls;
``(6) theater, 128 Fall Street, Seneca Falls;
``(7) McClintock House, 16 East Williams Street, Waterloo;
``(8) Hunt House, 401 East Williams Street, Waterloo;
``(9) not to exceed 1 acre, plus improvements, as determined by
the Secretary, in Seneca Falls for development of a maintenance
facility;
``(10) dwelling, 1 Seneca Street, Seneca Falls;
``(11) dwelling, 10 Seneca Street, Seneca Falls;
``(12) parcels adjacent to Wesleyan Chapel Block, including
Clinton Street, Fall Street, and Mynderse Street, Seneca Falls; and
``(13) dwelling, 12 East Williams Street, Waterloo.''.
``(b) Miscellaneous Amendments.--Section 1601 of Public Law 96-607
(16 U.S.C. 410ll) is amended by redesignating subsection (i) as
``(i)(1)'' and inserting at the end thereof the following new
paragraph:
``(2) In addition to those sums appropriated prior to the date of
enactment of this paragraph for land acquisition and development, there
is hereby authorized to be appropriated an additional $2,000,000.''.
SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.
The legislative authority for the Black Revolutionary War Patriots
Foundation to establish a commemorative work (as defined by the
Commemorative Works Act (40 U.S.C. 1001 et seq.)) shall expire October
27, 1998, notwithstanding the time period limitation specified in
section 10(b) of that Act (40 U.S.C. 1010(b)).
SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES HISTORIC
BUILDING RESTORATION AND PRESERVATION.
(a) Authority To Make Grants.--From the amounts made available to
carry out the National Historic Preservation Act, the Secretary of the
Interior shall make grants in accordance with this section to eligible
historically black colleges and universities for the preservation and
restoration of historic buildings and structures on the campus of these
institutions.
(b) Grant Conditions.--Grants made under subsection (a) shall be
subject to the condition that the grantee covenants, for the period of
time specified by the Secretary, that--
(1) no alteration will be made in the property with respect to
which the grant is made without the concurrence of the Secretary;
and
(2) reasonable public access to the property with respect to
which the grant is made will be permitted by the grantee for
interpretive and educational purposes.
(c) Matching Requirement for Buildings and Structures Listed on the
National Register of Historic Places.--(1) Except as provided by
paragraph (2), the Secretary may obligate funds made available under
this section for a grant with respect to a building or structure listed
on, or eligible for listing on, the National Register of Historic
Places only if the grantee agrees to match, from funds derived from
non-Federal sources, the amount of the grant with an amount that is
equal or greater than the grant.
(2) The Secretary may waive paragraph (1) with respect to a grant
if the Secretary determines from circumstances that an extreme
emergency exists or that such a waiver is in the public interest to
assure the preservation of historically significant resources.
(d) Funding Provision.--Pursuant to section 108 of the National
Historic Preservation Act, $29,000,000 shall be made available to carry
out the purposes of this section. Of amounts made available pursuant to
this section, $5,000,000 shall be available for grants to Fisk
University, $2,500,000 shall be available for grants to Knoxville
College, $2,000,000 shall be available for grants to Miles College,
Alabama, $1,500,000 shall be available for grants to Talladega College,
Alabama, $1,550,000 shall be available for grants to Selma University,
Alabama, $250,000 shall be available for grants to Stillman College,
Alabama, $200,000 shall be available for grants to Concordia College,
Alabama, $2,900,000 shall be available for grants to Allen University,
South Carolina, $1,000,000 shall be available for grants to Claflin
College, South Carolina, $2,000,000 shall be available for grants to
Voorhees College, South Carolina, $1,000,000 shall be available for
grants to Rust College, Mississippi, and $3,000,000 shall be available
for grants to Tougaloo College, Mississippi.
(e) Regulations.--The Secretary shall develop such guidelines as
may be necessary to carry out this section.
(f) Definitions.--For the purposes of this section:
(1) Historically black colleges.--The term ``historically black
colleges and universities'' has the same meaning given the term
``part B institution'' by section 322 of the Higher Education Act
of 1965 (20 U.S.C. 1061).
(2) Historic building and structures.--The term ``historic
building and structures'' means a building or structure listed on,
or eligible for listing on, the National Register of Historic
Places or designated a National Historic Landmark.
SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.
(a) In General.--The Secretary of the Interior is authorized to
permit the Alpha Phi Alpha Fraternity to establish a memorial on lands
under the administrative jurisdiction of the Secretary in the District
of Columbia or its environs to honor Martin Luther King, Jr., pursuant
to the Commemorative Works Act of 1986.
(b) Compliance With Standards For Commemorative Works.--The
establishment of the memorial shall be in accordance with the Act
entitled ``An Act to provide standards for placement of commemorative
works on certain Federal lands in the District of Columbia and its
environs, and for other purposes'' approved November 14, 1986 (40
U.S.C. 1001 et seq.).
(c) Payment of Expenses.--The Alpha Phi Alpha Fraternity shall be
solely responsible for acceptance of contributions for, and payment of
the expenses of, the establishment of the memorial. No Federal funds
may be used to pay any expense of the establishment of the memorial.
(d) Deposit of Excess Funds.--If, upon payment of all expenses of
the establishment of the memorial (including the maintenance and
preservation amount provided for in section 8(b) of the Act referred to
in section 4401(b)), or upon expiration of the authority for the
memorial under section 10(b) of that Act, there remains a balance of
funds received for the establishment of the memorial, the Alpha Phi
Alpha Fraternity shall transmit the amount of the balance to the
Secretary of the Treasury for deposit in the account provided for in
section 8(b)(1) of that Act.
SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVATION
REAUTHORIZATION.
(a) Reauthorization.--The last sentence of section 212(a) of the
National Historic Preservation Act (16 U.S.C. 470 et seq.) is amended
to read as follows: ``There are authorized to be appropriated for the
purposes of this title not to exceed $4,000,000 in each fiscal year
1997 through 2000.''.
(b) Reporting Requirements.--Within 18 months after the date of
enactment of this Act, the Advisory Council on Historic Preservation
shall submit a report to the appropriate congressional committees
containing an analysis of alternatives for modifying the regulatory
process for addressing impacts of Federal actions on nationally
significant historic properties, as well as alternatives for future
promulgation and oversight of regulations for implementation of section
106 of the National Historic Preservation Act.
(c) Technical Amendments.--Title II of the National Historic
Preservation Act (16 U.S.C. 470 et seq.) is amended as follows:
(1) By striking ``appointed'' in section 201(a)(4) and
inserting ``designated''.
(2) By striking ``and 10'' in section 201(c) and inserting
``through (11)''.
(3) By adding the following new section after section 214:
``Sec. 215. Subject to applicable conflict of interest laws, the
Council may receive reimbursements from State and local agencies and
others pursuant to agreements executed in furtherance of the purposes
of this Act.''.
(4) By amending subsection (g) of section 205 to read as
follows:
``(g) Any Federal agency may provide the Council, with or without
reimbursement as may be agreed upon by the Chairman and the agency,
with such funds, personnel, facilities and services under its
jurisdiction and control as may be needed by the Council to carry out
its duties, to the extent that such funds, personnel, facilities, and
services are requested by the Council and are otherwise available for
the purpose. Any funds provided to the Council pursuant to this
subsection must be expended by the end of the fiscal year following the
fiscal year in which the funds are received by the Council. To the
extent of available appropriations, the Council may obtain by purchase,
rental, donation, or otherwise, such additional property facilities,
and services as may be needed to carry out its duties and may also
receive donations of moneys for such purpose, and the Executive
Director is authorized, in his discretion, to accept, hold, use,
expend, and administer the same for the purposes of this Act.''.
SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.
(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution of our
national heritage of certain historic and cultural lands and
edifices of the Great Falls Historic District, with emphasis on
harnessing this unique urban environment for its educational and
recreational value; and
(2) to enhance economic and cultural redevelopment within the
District.
(b) Definitions.--In this section:
(1) District.--The term ``District'' means the Great Falls
Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic raceway system, all
four stories of the original Colt Gun Mill, including belltower,
and any other structure that the Secretary determines to be
eligible for the National Register of Historic Places.
(c) Great Falls Historic District.--
(1) Establishment.--There is established the Great Falls
Historic District in the city of Paterson, in Passaic County, New
Jersey.
(2) Boundaries.--The boundaries of the District shall be the
boundaries specified by the Great Falls Historic District listed on
the National Register of Historic Places.
(d) Development Plan.--The Secretary may make grants and enter into
cooperative agreements with the State of New Jersey, local governments,
and private nonprofit entities under which the Secretary agrees to pay
not more than 50 percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources within
the District;
(2) implementation of projects approved by the Secretary under
the development plan; and
(3) a market analysis assessing the economic development
potential of the District and recommending steps to be taken to
encourage economic development and revitalization in a manner
consistent with the District's historic character.
(e) Restoration, Preservation, and Interpretation of Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of New Jersey, local
governments and nonprofit entities owning property within the
District under which the Secretary may--
(A) pay not more than 50 percent of the cost of restoring,
repairing, rehabilitating, and improving historic
infrastructure within the District;
(B) provide technical assistance with respect to the
preservation and interpretation of properties within the
District; and
(C) mark and provide interpretation of properties within
the District.
(2) Provisions.--A cooperative agreement under paragraph (1)
shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the property
except with the agreement of the property owner, the Secretary,
and any Federal agency that may have regulatory jurisdiction
over the property; and
(C) any construction grant made under this section shall be
subject to an agreement that provides that conversion, use, or
disposal of the project so assisted for purposes contrary to
the purposes of this section shall result in a right of the
United States to compensation from the beneficiary of the
grant, and that provides for a schedule for such compensation
based on the level of Federal investment and the anticipated
useful life of the project.
(3) Applications.--
(A) In general.--A property owner that desires to enter
into a cooperative agreement under paragraph (1) shall submit
to the Secretary an application describing how the project
proposed to be funded will further the purposes of the
District.
(B) Consideration.--In making such funds available under
this subsection, the Secretary shall give consideration to
projects that provide a greater leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized to be
appropriated from the Historic Preservation Fund authorized under the
National Historic Preservation Act to the Secretary to carry out this
section--
(1) $250,000 for grants and cooperative agreements for the
development plan under subsection (d); and
(2) $50,000 for the provision of technical assistance and
$3,000,000 for the provision of other assistance under cooperative
agreements under subsection (e).
SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the New Bedford National Historic Landmark District and
associated historic sites as described in subsection (c)(2),
including the Schooner Ernestina, are National Historic
Landmarks and are listed on the National Register of Historic
Places as historic sites associated with the history of whaling
in the United States;
(B) the city of New Bedford was the 19th century capital of
the world's whaling industry and retains significant
architectural features, archival materials, and museum
collections illustrative of this period;
(C) New Bedford's historic resources provide unique
opportunities for illustrating and interpreting the whaling
industry's contribution to the economic, social, and
environmental history of the United States and provide
opportunities for public use and enjoyment; and
(D) during the nineteenth century, over two thousand
whaling voyages sailed out of New Bedford to the Arctic region
of Alaska, and joined Alaska Natives from Barrow, Alaska and
other areas in the Arctic region in subsistence whaling
activities; and
(E) the National Park System presently contains no sites
commemorating whaling and its contribution to American history.
(2) Purposes.--The purposes of this section are--
(A) to help preserve, protect, and interpret the resources
within the areas described in subsection (c)(2), including
architecture, setting, and associated archival and museum
collections;
(B) to collaborate with the city of New Bedford and with
associated historical, cultural,and preservation organizations
to further the purposes of the park established under this section; and
(C) to provide opportunities for the inspirational benefit
and education of the American people.
(b) Definitions.--For the purposes of this section--
(1) the term ``park'' means the New Bedford Whaling National
Historical Park established by subsection (c); and
(2) the term ``Secretary'' means the Secretary of the Interior.
(c) New Bedford Whaling National Historical Park.--
(1) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national
historical park certain districts structures, and relics located in
New Bedford, Massachusetts, and associated with the history of
whaling and related social and economic themes in America, there is
established the New Bedford Whaling National Historical Park.
(2) Boundaries.--(A) The boundaries of the park shall be those
generally depicted on the map numbered NAR-P49-80,000-4 and dated
June 1994. Such map shall be on file and available for public
inspection in the appropriate offices of the National Park Service.
In case of any conflict between the descriptions set forth in
clauses (i) through (iv) and such map, such map shall govern. The
park shall include the following:
(i) The area included with the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the National
Register of Historic Places and in the Massachusetts State
Register of Historic Places.
(ii) The National Historic Landmark Schooner Ernestina,
with its home port in New Bedford.
(iii) The land along the eastern boundary of the New
Bedford National Historic Landmark District over the east side
of MacArthur Drive from the Route 6 overpass on the north to an
extension of School Street on the south.
(iv) The land north of Elm Street in New Bedford, bounded
by Acushnet Avenue on the west, Route 6 (ramps) on the north,
MacArthur Drive on the east, and Elm Street on the south.
(B) In addition to the sites, areas, and relics referred to in
subparagraph (A), the Secretary may assist in the interpretation
and preservation of each of the following:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of land adjacent to
the State Pier.
(iii) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(iv) The Wharfinger Building, located on Piers 3 and 4.
(v) The Bourne Counting House, located on Merrill's Wharf.
(d) Related Facilities.--To ensure that the contribution of Alaska
Natives to the history of whaling in the United States is fully
recognized, the Secretary shall provide--
(1) financial and other assistance to establish links between
the New Bedford Whaling National Historical Park and the North
Slope Borough Cultural Center, located in Barrow, Alaska; and
(2) to provide appropriate assistance and funding for the North
Slope Borough Cultural Center.
(e) Administration of Park.--
(1) In general.--The park shall be administered by the
Secretary in accordance with this section and the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and the Act of August 21, 1935
(49 Stat. 666; 16 U.S.C. 461-467).
(2) Cooperative agreements.--(A) The Secretary may consult and
enter into cooperative agreements with interested entities and
individuals to provide for the preservation, development,
interpretation, and use of the park.
(B) Any payment made by the Secretary pursuant to a cooperative
agreement under this paragraph shall be subject to an agreement
that conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this section, as determined by
the Secretary, shall result in a right of the United States to
reimbursement of all funds made available to such project or the
proportion of the increased value of the project attributable to
such funds as determined at the time of such conversion, use, or
disposal, whichever is greater.
(3) Non-federal matching requirements.--(A) Funds authorized to
be appropriated to the Secretary for the purposes of--
(i) cooperative agreements under paragraph (2) shall be
expended in the ratio of one dollar of Federal funds for each
four dollars of funds contributed by non-Federal sources; and
(ii) construction, restoration, and rehabilitation of
visitors and interpretive facilities (other than annual
operation and maintenance costs) shall be expended in the ratio
of one dollar of Federal funds for each one dollar of funds
contributed by non-Federal sources.
(B) For the purposes of this paragraph, the Secretary is
authorized to accept from non-Federal sources, and to utilize for
purposes of this section, any money so contributed. With the
approval of the Secretary, any donation of property, services, or
goods from a non-Federal source may be considered as a contribution
of funds from a non-Federal source for the purposes of this
paragraph.
(4) Acquisition of real property.--For the purposes of the
park, the Secretary may acquire only by donation such lands,
interests in lands, and improvements thereon within the park as are
needed for essential visitor contact and interpretive facilities.
(5) Other property, funds, and services.--The Secretary may
accept donated funds, property, and services to carry out this
section.
(e) General Management Plan.--Not later than the end of the second
fiscal year beginning after the date of enactment of this Act, the
Secretary shall submit to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources of
the Senate a general management plan for the park and shall implement
such plan as soon as practically possible. The plan shall be prepared
in accordance with section 12(b) of the Act of August 18, 1970 (16
U.S.C. 1a-7(b)) and other applicable law.
(f) Authorization of Appropriations.--
(1) In general.--Except as provided in paragraph (2), there are
authorized to be appropriated such sums as may be necessary to
carry out annual operations and maintenance with respect to the
park and to carry out the activities under section 3(D).
(2) Exceptions.--In carrying out this section--
(A) not more than $2,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor and
interpretive facilities, and directional and visitor
orientation signage;
(B) none of the funds authorized to be appropriated by this
section may be used for the operation or maintenance of the
Schooner Ernestina; and
(C) not more than $50,000 annually of Federal funds may be
used for interpretive and education programs for the Schooner
Ernestina pursuant to cooperative grants under subsection
(d)(2).
SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.
(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the town of Nicodemus, in Kansas, has national
significance as the only remaining western town established by
African-Americans during the Reconstruction period following
the Civil War;
(B) the town of Nicodemus is symbolic of the pioneer spirit
of Afican-Americans who dared to leave the only region they had
been familiar with to seek personal freedom and the opportunity
to develop their talents and capabilities; and
(C) the town of Nicodemus continues to be a valuable
African-American community.
(2) Purposes.--The purposes of this section are--
(A) to preserve, protect, and interpret for the benefit and
enjoyment of present and future generations, the remaining
structures and locations that represent the history (including
the settlement and growth) of the town of Nicodemus, Kansas;
and
(B) to interpret the historical role of the town of
Nicodemus in the Reconstruction period in the context of the
experience of westward expansion in the United States.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Nicodemus National Historic Site established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(c) Establishment of Nicodemus National Historic Site.--
(1) Establishment.--There is established the Nicodemus National
Historic Site in Nicodemus, Kansas.
(2) Description.--
(A) In general.--The historic site shall consist of the
first Baptist Church, the St. Francis Hotel, the Nicodemus
School District Number 1, the African Methodist Episcopal
Church, and the Township Hall located within the approximately
161.35 acres designated as the Nicodemus National Landmark in
the Township of Nicodemus, Graham County, Kansas, as registered
on the National Register of Historic Places pursuant to section
101 of the National Historic Preservation Act (16 U.S.C. 470a),
and depicted on a map entitled ``Nicodemus National Historic
Site'', numbered 80,000 and dated August 1994.
(B) Map and boundary description.--The map referred to in
subparagraph (A) and accompanying boundary description shall be
on file and available for public inspection in the office of
the Director of the National ParkService and any other office
of the National Park Service that the Secretary determines to be an
appropriate location for filing the map and boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the historic
site in accordance with this section and the provisions of law
generally applicable to units of the National Park System,
including the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat. 666,
chapter 593; 16 U.S.C. 461 et seq.).
(2) Cooperative agreements.--To further the purposes of this
section, the Secretary may enter into a cooperative agreement with
any interested individual, public or private agency, organization,
or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any eligible
person described in subparagraph (B) technical assistance for
the preservation of historic structures of, the maintenance of
the cultural landscape of, and local preservation planning for,
the historic site.
(B) Eligible persons.--The eligible persons described in
this subparagraph are--
(i) an owner of real property within the boundary of
the historic site, as described in subsection (c)(2); and
(ii) any interested individual, agency, organization,
or institution that has entered into an agreement with the
Secretary pursuant to paragraph (2).
(e) Acquisition of Real Property.--
(1) In general.--Subject to paragraph (2), the Secretary is
authorized to acquire by donation, exchange, or purchase with funds
made available by donation or appropriation, such lands or
interests in lands as may be necessary to allow for the
interpretation, preservation, or restoration of the First Baptist
Church, the St. Francis Hotel, the Nicodemus School District Number
1, the African Methodist Episcopal Church, or the Township Hall, as
described in subsection (c)(2)(A), or any combination thereof.
(2) Limitations.--
(A) Acquisition of property owned by the state of kansas.--
Real property that is owned by the State of Kansas or a
political subdivision of the State of Kansas that is acquired
pursuant to paragraph (1) may only be acquired by donation.
(B) Consent of owner required.--No real property may be
acquired under this subsection without the consent of the owner
of the real property.
(f) General Management Plan.--
(1) In general.--Not later than the last day of the third full
fiscal year beginning after the date of enactment of this Act, the
Secretary shall, in consultation with the officials described in
paragraph (2), prepare a general management plan for the historic
site.
(2) Consultation.--In preparing the general management plan,
the Secretary shall consult with an appropriate official of each of
the following:
(A) The Nicodemus Historical Society.
(B) The Kansas Historical Society.
(C) Appropriate political subdivisions of the State of
Kansas that have jurisdiction over all or a portion of the
historic site.
(3) Submission of plan to congress.--Upon the completion of the
general management plan, the Secretary shall submit a copy of the
plan to the Committee on Energy and Natural Resources of the Senate
and the Committee on Resources of the House of Representatives.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of the Interior such sums as are
necessary to carry out this section.
SEC. 513. UNALASKA.
(a) Short Title.--This section may be cited as the ``Aleutian World
War II National Historic Areas Act of 1996''.
(b) Purpose.--The purpose of this section is to designate and
preserve the Aleutian World War II National Historic Area within lands
owned by the Ounalaska Corporation on the island of Amaknak, Alaska and
to provide for the interpretation, for the educational and
inspirational benefit of present and future generations, of the unique
and significant circumstances involving the history of the Aleut
people, and the role of the Aleut people and the Aleutian Islands in
the defense of the United States in World War II.
(c) Boundaries.--The Aleutian World War II National Historic Area
whall be comprised of areas on Amaknak Island depicted on the map
entitled ``Aleutian World War II National Historic Area''.
(d) Terms and Conditions.--Nothing in this section shall--
(1) authorize the conveyance of lands between the Ounalaska
Corporation and the United States Department of the Interior, nor
remove land or structures appurtenant to the land from the
exclusive control of the Ounalaska Corporation; or
(2) provide authority for the Department of the Interior to
assume the duties associated with the daily operation for the
historic area or any of its facilities or structures.
(e) Technical Assistance.--The Secretary of the Interior may award
grants and provide technical assistance to the Ounalaska Corporation
and the City of Unalaska to assist with the planning, development, and
historic preservation from any program funds authorized by law for
technical assistance, land use planning or historic preservation.
SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL.
(a) Purpose.--It is the purpose of this section--
(1) to assist in the effort to timely establish within the
District of Columbia a national memorial to Japanese American
patriotism in World War II; and
(2) to improve management of certain parcels of Federal real
property located within the District of Columbia,
by the transferring jurisdiction over such parcels to the Architect of
the Capitol, the Secretary of the Interior, and the Government of the
District of Columbia.
(b) Transfers of Jurisdiction.--
(1) In general.--Effective on the date of the enactment of this
Act and notwithstanding any other provision of law, jurisdiction
over the parcels of Federal real property described in paragraph
(2) is transferred without additional consideration as provided by
paragraph (2).
(2) Specific transfers.--
(A) Transfers to secretary of the interior.--
(i) In general.--Jurisdiction over the following
parcels is transferred to the Secretary of the Interior:
(I) That triangle of Federal land, including any
contiguous sidewalksand tree space, that is part of the
United States Capitol Grounds under the jurisdiction of the Architect
of the Capitol bound by D Street, N.W., New Jersey Avenue, N.W., and
Louisiana Avenue, N.W., in square W632 in the District of Columbia, as
shown on the Map Showing Properties Under Jurisdiction of the Architect
of the Capitol, dated November 8, 1994.
(II) That triangle of Federal land, including any
contiguous sidewalks and tree space, that is part of
the United States Capitol Grounds under the
jurisdiction of the Architect of the Capitol bound by C
Street, N.W., First Street, N.W., and Louisiana Avenue,
N.W., in the District of Columbia, as shown on the Map
Showing Properties Under Jurisdiction of the Architect
of the Capitol, dated November 8, 1994.
(ii) Limitation.--The parcels transferred by clause (i)
shall not include those contiguous sidewalks abutting
Louisiana Avenue, N.W., which shall remain part of the
United States Capitol Grounds under the jurisdiction of the
Architect of the Capitol.
(iii) Consideration as memorial site.--The parcels
transferred by subclause (I) of clause (i) may be
considered as a site for a national memorial to Japanese
American patriotism in World War II.
(B) Transfers to architect of the capitol.-- Jurisdiction
over the following parcels is transferred to the Architect of
the Capitol:
(i) That portion of the triangle of Federal land in
Reservation No. 204 in the District of Columbia under the
jurisdiction of the Secretary of the Interior, including
any contiguous sidewalks, bound by Constitution Avenue,
N.E., on the north, the branch of Maryland Avenue, N.E.,
running in a northeast direction on the west, the major
portion of Maryland Avenue, N.E., on the south, and 2nd
Street, N.E., on the east, including the contiguous
sidewalks.
(ii) That irregular area of Federal land in Reservation
No. 204 in the District of Columbia under the jurisdiction
of the Secretary of the Interior, including any contiguous
sidewalks, northeast of the real property described in
clause (i) bound by Constitution Avenue, N.E., on the
north, the branch of Maryland Avenue, N.E., running to the
northeast on the south, and the private property on the
west known as lot 7, in square 726.
(iii) The two irregularly shaped medians lying north
and east of the property described in clause (i), located
between the north and south curbs of Constitution Avenue,
N.E., west of its intersection with Second Street, N.E.,
all as shown in Land Record No. 268, dated November 22,
1957, in the Office of the Surveyor, District of Columbia,
in Book 138, Page 58.
(iv) All sidewalks under the jurisdiction of the
District of Columbia abutting on and contiguous to the land
described in clauses (i), (ii), and (iii).
(C) Transfers to district of columbia.--Jurisdiction over
the following parcels is transferred to the Government of the
District of Columbia:
(i) That portion of New Jersey Avenue, N.W., between
the northernmost point of the intersection of New Jersey
Avenue, N.W., and D Street, N.W., and the northernmost
point of the intersection of New Jersey Avenue, N.W., and
Louisiana Avenue, N.W., between squares 631 and W632, which
remains Federal property.
(ii) That portion of D Street, N.W., between its
intersection with New Jersey Avenue, N.W., and its
intersection with Louisiana Avenue, N.W., between squares
630 and W632, which remains Federal property.
(c) Miscellaneous.--
(1) Compliance with other laws.--Compliance with this section
shall be deemed to satisfy the requirements of all laws otherwise
applicable to transfers of jurisdiction over parcels of Federal
real property.
(2) Law enforcement responsibility.--Law enforcement
responsibility for the parcels of Federal real property for which
jurisdiction is transferred by subsection (b) shall be assumed by
the person acquiring such jurisdiction.
(3) United states capitol grounds.--
(A) Definition.--The first section of the Act entitled ``An
Act to define the United States Capitol Grounds, to regulate
the use thereof, and for other purposes'', approved July 31,
1946 (40 U.S.C. 193a), is amended to include within the
definition of the United States Capitol Grounds the parcels of
Federal real property described in subsection (b)(2)(B).
(B) Jurisdiction of capitol police.--The United States
Capitol Police shall have jurisdiction over the parcels of
Federal real property described in subsection (b)(2)(B) in
accordance with section 9 of such Act of July 31, 1946 (40
U.S.C. 212a).
(4) Effect of transfers.--A person relinquishing jurisdiction
over a parcel of Federal real property transferred by subsection
(b) shall not retain any interest in the parcel except as
specifically provided by this section.
SEC. 515. MANZANAR NATIONAL HISTORIC SITE.
(a) Termination of Withdrawals.--
(1) Unavailability of certain lands.--The Congress, by enacting
the Act entitled ``An Act to establish the Manzanar National
Historic Site in the State of California, and for other purposes'',
approved March 3, 1992 (106 Stat. 40; Public Law 102-248), (1)
provided for the protection and interpretation of the historical,
cultural, and natural resources associated with the relocation of
Japanese-Americans during World War II and established the Manzanar
National Historic Site in the State of California, and (2)
authorized the Secretary of the Interior to acquire lands or
interests therein within the boundary of the Historic Site by
donation, purchase with donated or appropriated funds, or by
exchange. The public lands identified for disposal in the Bureau of
Land Management's Bishop Resource Area Resource Management Plan
that could be made available for exchange in support of acquiring
lands within the boundary of the Historic Site are currently
unavailable for this purpose because they are withdrawn by an Act
of Congress.
(2) Termination of withdrawal.--To provide a land base with
which to allow land exchanges in support of acquiring lands within
the boundary ofthe Manzanar National Historic Site, the withdrawal
of the following described lands is terminated and such lands shall not
be subject to the Act of March 4, 1931 (chapter 517; 46 Stat. 1530):
Mount Diablo Meridian
Township 2 North, Range 26 East
Section 7:
North half south half of lot 1 of southwest quarter, north half
south half of lot 2 of southwest quarter, north half south half
southeast quarter.
Township 4 South, Range 33 East
Section 31:
Lot 1 of southwest quarter, northwest quarter northeast
quarter, southeast quarter;
Section 32:
Southeast quarter northwest quarter, northeast quarter
southwest quarter, southwest quarter southeast quarter.
Township 5 South, Range 33 East
Section 4:
West half of lot 1 of northwest quarter, west half of lot 2 of
northwest quarter.
Section 5:
East half of lot 1 of northeast quarter, east half of lot 2 of
northeast quarter.
Section 9:
Northwest quarter southwest quarter northeast quarter.
Section 17:
Southeast quarter northwest quarter, northwest quarter
southeast quarter.
Section 22:
Lot 1 and 2.
Section 27:
Lot 2, west half northeast quarter, southeast quarter northwest
quarter, northeast quarter southwest quarter, northwest quarter
southeast quarter.
Section 34:
Northeast quarter, northwest quarter, southeast quarter.
Township 6 South, Range 31 East
Section 19:
East half northeast quarter southeast quarter.
Township 6 South, Range 33 East
Section 10:
East half southeast quarter.
Section 11:
Lot 1 and 2, west half northeast quarter, northwest quarter,
west half southwest quarter, northeast quarter southwest quarter.
Section 14:
Lots 1 through 4, west half northeast quarter, southeast
quarter northwest quarter, northeast quarter southwest quarter,
northwest quarter southeast quarter.
Township 7 South, Range 32 East
Section 23:
South half southwest quarter.
Section 25:
Lot 2, northeast quarter northwest quarter.
Township 7 South, Range 33 East
Section 30:
South half of lot 2 of northwest quarter, lot 1 and 2 of
southwest quarter.
Section 31:
North half of lot 2 of northwest quarter, southeast quarter
northeast quarter, northeast quarter southeast quarter.
Township 8 South, Range 33 East
Section 5:
Northwest quarter southwest quarter.
Township 13 South, Range 34 East
Section 1:
Lots 43, 46, and 49 through 51.
Section 2:
North half northwest quarter southeast quarter southeast
quarter.
Township 11 South, Range 35 East
Section 30:
Lots 1 and 2, east half northwest quarter, east half southwest
quarter, and west half southwest quarter southeast quarter.
Section 31:
Lot 8, west half west half northeast quarter, east half
northwest quarter, and west half southeast quarter.
Township 13 South, Range 35 East
Section 18:
South half of lot 2 of northwest quarter, lot 1 and 2 of
southwest quarter, southwest quarter northeast quarter, northwest
quarter southeast quarter.
Section 29:
Southeast quarter northeast quarter, northeast quarter
southeast quarter.
Township 13 South, Range 36 East
Section 17:
Southwest quarter northwest quarter, southwest quarter.
Section 18:
South half of lot 1 of northwest quarter, lot 1 of southwest
quarter, northeast quarter, southeast quarter.
Section 19:
North half of lot 1 of northwest quarter, east half northeast
quarter, northwest quarter northeast quarter.
Section 20:
Southwest quarter northeast quarter, northwest quarter,
northeast quarter southwest quarter, southeast quarter.
Section 28:
Southwest quarter southwest quarter.
Section 29:
East half northeast quarter.
Section 33:
Northwest quarter northwest quarter, southeast quarter
northwest quarter.
Township 14 South, Range 36 East
Section 31:
Lots 1 and 2 of southwest quarter, southwest quarter southeast
quarter.
aggregating 5,630 acres, more or less.
(b) Availability of Lands.--Upon enactment of this Act, the lands
specified in subsection (a) shall be open to operation of the public
land laws, including the mining and mineral leasing laws, only after
the Secretary of the Interior has published a notice in the Federal
Register opening such lands.
(c) Additional Area.--Section 101 of Public Law 102-248 is amended
by inserting in subsection (b) after the second sentence ``The site
shall also include an additional area of approximately 300 acres as
demarcated as the new proposed boundaries in the map dated March 8,
1996, entitled `Manzanar National Historic Site Archaeological Base
Map'.''.
SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS MEMORIAL GROVE AS
NATIONAL MEMORIAL.
(a) Recognition of Significance of the AIDS Memorial Grove.--The
Congress hereby recognizes the significance of the AIDS Memorial Grove
located in Golden Gate Park in San Francisco, California, as a
memorial--
(1) dedicated to individuals who have died as a result of
acquired immune deficiency syndrome; and
(2) in support of individuals who are living with acquired
immune deficiency syndrome and their loved ones and caregivers.
(b) Designation as National Memorial.--Not later than 90 days after
the date of enactment of this Act, the Secretary of the Interior shall
designate the AIDS Memorial Grove as a national memorial.
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES
SEC. 601. UNITED STATES CIVIL WAR CENTER.
(a) Designation.--The Civil War Center, located on Raphael Semmes
Drive at Louisiana State University in Baton Rouge, Louisiana
(hereafter in this section referred to as the ``center'') shall be
known and designated as the ``United States Civil War Center''.
(b) Legal References.--Any reference in any law, regulation, paper,
record, map, or any other document of the United States to the center
referred to in subsection (b) shall be deemed to be a reference to the
``United States Civil War Center''.
(c) Flagship Institutions.--The center and the Civil War Institute
of Gettysburg College, located at 233 North Washington Street in
Gettysburg, Pennsylvania, shall be the flagship institutions for
planning the sesquicentennial commemoration of the Civil War.
SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.
(a) Purpose.--The purpose of this section is to provide for a
center for the interpretation of the Siege and Battle of Corinth and
other Civil War actions in the Region and to enhance public
understanding of the significance of the Corinth Campaign in the Civil
War relative to the Western theater of operations, in cooperation with
State or local governmental entities and private organizations and
individuals.
(b) Acquisition of Property at Corinth, Mississippi.--The Secretary
of the Interior (referred to in this title as the ``Secretary'') shall
acquire by donation, purchase with donated or appropriated funds, or
exchange, such land and interests in land in the vicinity of the
Corinth Battlefield, in the State of Mississippi, as the Secretary
determines to be necessary for the construction of an interpretive
center to commemorate and interpret the 1862 Civil War Siege and Battle
of Corinth.
(c) Publicly Owned Land.--Land and interests in land owned by the
State of Mississippi or a political subdivision of the State of
Mississippi may be acquired only by donation.
(d) Interpretive Center and Marking.--
(1) Interpretive center.--The Secretary shall construct,
operate, and maintain on the property acquired under subsection (b)
a center for the interpretation of the Siege and Battle of Corinth
and associated historical events for the benefit of the public.
(2) Marking.--The Secretary may mark sites associated with the
Siege and Battle of Corinth National Historic Landmark, as
designated on May 6, 1991, if the sites are determined by the
Secretary to be protected by State or local governmental agencies.
(3) Administration.--The land and interests in land acquired,
and the facilities constructed and maintained pursuant to this
section, shall be administered by the Secretary as a part of Shiloh
National Military Park, subject to the appropriate laws (including
regulations) applicable to the Park, the Act entitled ``An Act to
establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act
entitled ``An Act to provide for the preservation of historic
American sites, buildings, objects, and antiquities of national
significance, and for other purposes'', approved August 21, 1935
(16 U.S.C. 461 et seq.).
(e) Authorization of Appropriations.--There are authorized to be
appropriated $6,000,000 for development to carry out this section.
SEC. 603. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC PRESERVATION
STUDY.
(a) Short Title.--This section may be cited as the ``Revolutionary
War and War of 1812 Historic Preservation Study Act of 1996''.
(b) Findings.--The Congress finds that--
(1) Revolutionary War sites and War of 1812 sites provide a
means for Americans to understand and interpret the periods in
American history during which the Revolutionary War and War of 1812
were fought;
(2) the historical integrity of many Revolutionary War sites
and War of 1812 sites is at risk because many of the sites are
located in regions that are undergoing rapid urban or suburban
development; and
(3) it is important, for the benefit of the United States, to
obtain current information on the significance of, threats to the
integrity of, and alternatives of the preservation and
interpretation of Revolutionary War sites and War of 1812 sites.
(c) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of the
National Park Service.
(2) Revolutionary war site.--The term ``Revolutionary War
site'' means a site or structure situated in the United States that
is thematically tied with the nationally significant events that
occurred during the Revolutionary War.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) War of 1812 site.--The term ``War of 1812 site'' means a
site or structure situated in the United States that is
thematically tied with the nationally significant events that
occurred during the War of 1812.
(d) Study.--
(1) Preparation.--The Secretary, acting through the Director,
shall prepare a study of Revolutionary War sites and War of 1812
sites.
(2) Matters to be addressed.--The study under subsection (b)
shall--
(A) identify Revolutionary War sites and War of 1812 sites,
including sites within units of the National Park System in
existence on the date of enactment of this Act;
(B) determine the relative significance of the sites;
(C) assess short- and long-term threats to the integrity of
the sites;
(D) provide alternatives for the preservation and
interpretation of the sites by Federal, State, and local
governments, or other public or private entities, including
designation of the sites as units of the National Park System;
and
(E) research and propose land preservation techniques.
(3) Consultation.--During the preparation of the study under
paragraph (1), the Director shall consult with--
(A) the Governor of each affected State;
(B) each affected unit of local government;
(C) State and local historic preservation organizations;
(D) scholarly organizations; and
(E) such other interested parties as the Secretary
considers advisable.
(4) Transmittal to congress.--Not later than 2 years after the
date on which funds are made available to carry out the study under
paragraph (1), the Director shall transmit a report describing the
results of the study to the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural Resources
of the Senate.
(5) Report.--If the Director submits a report on the study to
the Director of the Office of Management and Budget, the Secretary
shall concurrently transmit copies of the report to the Committee
on Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the Senate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $750,000, to remain available
until expended.
SEC. 604. AMERICAN BATTLEFIELD PROTECTION PROGRAM.
(a) Short Title.--This section may be cited as the ``American
Battlefield Protection Act of 1996''.
(b) Purpose.--The purpose of this section is to assist citizens,
public and private institutions, and governments at all levels in
planning, interpreting, and protecting sites where historic battles
were fought on American soil during the armed conflicts that shaped the
growth and development of the United States, in order that present and
future generations may learn and gain inspiration from the ground where
Americans made their ultimate sacrifice.
(c) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary of
the Interior, acting through the American Battlefield Protection
Program, shall encourage, support, assist, recognize, and work in
partnership with citizens, Federal, State, local, and tribal
governments, other public entities, educational institutions, and
private nonprofit organizations in identifying, researching,
evaluating, interpreting, and protecting historic battlefields and
associated sites on a National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract, or
other generally adopted means of providing financial assistance.
(d) Authorization of Appropriations.--There are authorized to be
appropriated $3,000,000 annually to carry out this section, to remain
available until expended.
(e) Repeal.--
(1) In general.--This section is repealed as of the date that
is 10 years after the date of enactment of this section.
(2) No effect on general authority.--The Secretary may continue
to conduct battlefield studies in accordance with other authorities
available to the Secretary.
(3) Unobligated funds.--Any funds made available under this
section that remain unobligated shall be credited to the general
fund of the Treasury.
SEC. 605. CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY PARKS.
Section 1(c) of the Act entitled ``An Act to authorize and direct
the National Park Service to assist the State of Georgia in relocating
a highway affecting the Chickamauga and Chattanooga National Military
Park in Georgia'', approved December 24, 1987 (101 Stat. 1442), is
amended by striking ``$30,000,000'' and inserting ``$51,900,000''.
SEC. 606. SHENANDOAH VALLEY BATTLEFIELDS.
(a) Short title.--This section may be cited as the ``Shenandoah
Valley Battlefields National Historic District and Commission Act of
1996''.
(b) Congressional Findings.--The Congress finds that--
(1) there are situated in the Shenandoah Valley in the
Commonwealth of Virginia the sites of several key Civil War
battles;
(2) certain sites, battlefields, structures, and districts in
the Shenandoah Valley are collectively of national significance in
the history of the Civil War;
(3) in 1992, the Secretary of the Interior issued a
comprehensive study of significant sites and structures associated
with Civil War battles in the Shenandoah Valley, and found that
many of the sites within the Shenandoah Valley possess national
significance and retain a high degree of historical integrity;
(4) the preservation and interpretation of these sites will
make a vital contribution to the understanding of the heritage of
the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(6) partnerships between Federal, State, and local governments,
the regional entities of such governments, and the private sector
offer the most effective opportunities for the enhancement and
management of the Civil War battlefields and related sites in the
Shenandoah Valley.
(c) Statement of Purpose.--The purposes of this section are to--
(1) preserve, conserve, and interpret the legacy of the Civil
War in the Shenandoah Valley;
(2) recognize and interpret important events and geographic
locations representing key Civil War battles in the Shenandoah
Valley, including those battlefields associated with the Thomas J.
(Stonewall) Jackson campaign of 1862 and the decisive campaigns of
1864;
(3) recognize and interpret the effect of the Civil War on the
civilian population of the Shenandoah Valley during the war and
postwar reconstruction period; and
(4) create partnerships among Federal, State, and local
governments, the regional entities of such governments, and the
private sector to preserve, conserve, enhance, and interpret the
nationally significant battlefields and related sites associated
with the Civil War in the Shenandoah Valley.
(d) Definitions.--As used in this section:
(1) The term ``District'' means the Shenandoah Valley
Battlefields National Historic District established by section 5.
(2) The term ``Commission'' means the Shenandoah Valley
Battlefields National Historic District Commission established by
section 9.
(3) The term ``plan'' means the Shenandoah Valley Battlefields
National Historic District Commission plan approved by the
Secretary under section 6.
(4) The term ``management entity'' means a unit of government
or nonprofit organization designated by the plan to manage and
administer the District.
(5) The term ``Secretary'' means the Secretary of the Interior.
(6) The term ``Shenandoah Valley'' means the Shenandoah Valley
in the Commonwealth of Virginia.
(e) Shenandoah Valley Battlefields National Historic District.--
(1) Establishment.--To carry out the purposes of this section,
there is hereby established the Shenandoah Valley Battlefields
National Historic District in the Commonwealth of Virginia.
(2) Boundaries.--(A) The corridor shall consist of lands and
interests therein as generally depicted on the map entitled
``Shenandoah Valley National Battlefields'', numbered SHVA/80,000,
and dated April 1994.
(B) The District shall consist of historic transportation
routes linking the units depicted on the map referred to in
subparagraph (A).
(C) The map referred to in subparagraph (A) shall be on file
and available for public inspection in the offices of the
Commission, the management entity, and in the appropriate offices
of the National Park Service.
(f) Shenandoah Valley Battlefields National Historic District
Plan.--
(1) In general.--The District shall be managed and administered
by the Commission and the management entity in accordance with the
purposes of this Act and the Shenandoah Valley Battlefields
National Historic District plan developed by theCommission and
approved by the Secretary, as provided in this subsection.
(2) Specific provisions.--The plan shall include--
(A) an inventory which includes any property in the
District which should be preserved, restored, managed,
maintained, or acquired because of its national historic
significance;
(B) provisions for the protection and interpretation of the
natural, cultural, and historic resources of the District
consistent with the purposes of this section;
(C) provisions for the establishment of a management entity
which shall be a unit of government or a private nonprofit
organization that administers and manages the District
consistent with the plan, and possesses the legal ability to--
(i) receive Federal funds and funds from other units of
government or other organizations for use in preparing and
implementing the management plan;
(ii) disburse Federal funds to other units of
government or other nonprofit organizations for use in
preparing and implementing the plan;
(iii) enter into agreements with the Federal, State, or
other units of government and nonprofit organizations;
(iv) acquire lands or interests therein by gift or
devise, or by purchase from a willing seller using donated
or appropriated funds, or by donation and no lands or
interests therein may be acquired by condemnation; and
(v) make such reasonable and necessary modifications to
the plan which shall be approved by the Secretary;
(D) recommendations to the Commonwealth of Virginia (and
political subdivisions thereof) for the management, protection,
and interpretation of the natural, cultural, and historical
resources of the District;
(E) identification of appropriate partnerships between the
Federal, State, and local governments and regional entities,
and the private sector, in furtherance of the purposes of this
section;
(F) locations for visitor contact and major interpretive
facilities;
(G) provisions for implementing a continuing program of
interpretation and visitor education concerning the resources
and values of the District;
(H) provisions for a uniform historical marker and wayside
exhibit program in the District, including a provision for
marking, with the consent of the owner, historic structures and
properties that are contained within the historic core areas
and contribute to the understanding of the District;
(I) recommendations for means of ensuring continued local
involvement and participation in the management, protection,
and development of the District; and
(J) provisions for appropriate living history
demonstrations and battlefield reenactments.
(3) Preparation of draft plan.--(A) Not later than 3 years
after the date on which the Commission conducts its first meeting,
the Commission shall submit to the Secretary a draft plan that
meets the requirements of paragraph (2).
(B) Prior to submitting the draft plan to the Secretary, the
Commission shall ensure that--
(i) the Commonwealth of Virginia, and any political
subdivision thereof that would be affected by the plan,
receives a copy of the draft plan;
(ii) adequate notice of the availability of the draft plan
is provided through publication in appropriate local newspapers
in the area of the District; and
(iii) at least 1 public hearing in the vicinity of the
District is conducted by the Commission with respect to the
draft plan.
(4) Review of the plan by the secretary.--The Secretary shall
review the draft plan submitted under paragraph (3) and, not later
than 90 days after the date on which the draft plan is submitted,
shall either--
(A) approve the draft plan as the plan if the Secretary
finds that the plan, when implemented, would adequately protect
the significant historical and cultural resources of the
District; or
(B) reject the draft plan and advise the Commission in
writing of the reasons therefore and indicate any
recommendations for revisions that would make the draft plan
acceptable.
(g) Duties of the Secretary.--
(1) In general.--The Secretary may award grants, provide
technical assistance and enter into cooperative agreements with the
Commission, management entity, other units of government, or other
persons to provide for the preservation and interpretation of the
natural, cultural, and historical resources within the District.
(2) Technical assistance.--The Secretary may make grants,
provide technical assistance, and enter into cooperative agreements
for--
(A) the preparation and implementation of the plan pursuant
to subsection (f);
(B) interpretive and educational programs;
(C) acquiring lands or interests in lands from willing
sellers;
(D) capital projects and improvements undertaken pursuant
to the plan; and
(E) facilitating public access to historic resources within
the District.
(3) Early actions.--After enactment of this Act but prior to
approval of the plan, the Secretary may provide technical and
financial assistance for early actions which are important to the
purposes of this Act and which protect and preserve resources in
imminent danger of irreversible damage but for the fact of such
early action.
(4) Acquisition of land.--The Secretary may acquire land and
interests in lands from a willing seller or donee within the
District that have been specifically identified by the Commission
for acquisition by the Federal Government. No lands or interests
therein may be acquired by condemnation.
(5) Detail.--Each fiscal year during the existence of the
Commission and upon request of the Commission, the Secretary shall
detail to the Commission, on a nonreimbursable basis, 2 employees
of the Department of the Interior to enable the Commission to carry
out the Commission's duties under section 9. Such detail shall be
without interruption or loss of civil service status, benefits, or
privileges.
(6) Report.--Not later than 2 years after approval of the plan,
the Secretary shall submit to Congress a report recommending
whether the District or components thereof meet the criteria for
designation as a unit of the National Park Service.
(7) Other assistance.--Nothing in this section shall be deemed
to prohibit the Secretary or units of government from providing
technical or financial assistance under any other provision of law.
(h) Shenandoah Valley Battlefields National Historic District
Commission.--
(1) Establishment.--There is hereby established the Shenandoah
Valley Battlefields National Historic District Commission.
(2) Membership.--The Commission shall be composed of 19
members, to be appointed by the Secretary as follows:
(A) 5 members representing local governments of communities
in the vicinity of the District, appointed after the Secretary
considers recommendations made by appropriate local governing
bodies.
(B) 10 members representing property owners within the
District (1 member within each unit of the battlefields).
(C) 1 member with demonstrated expertise in historic
preservation.
(D) 1 member who is a recognized historian with expertise
in Civil War history.
(E) The Governor of Virginia, or a designee of the
Governor, ex officio.
(F) The Director of the National Park Service, or a
designee of the Director, ex officio.
(3) Appointments.--Members of the Commission shall be appointed
for terms of 3 years. Any member of the Commission appointed for a
definite term may serve after the expiration of the term until the
successor of the member is appointed.
(4) Election of officers.--The Commission shall elect 1 of its
members as Chairperson and 1 as Vice Chairperson. The Vice
Chairperson shall serve as Chairperson in the absence of the
Chairperson.
(5) Vacancy.--Any vacancy on the Commission shall be filled in
the same manner in which the original appointment was made, except
that the Secretary shall fill any vacancy within 30 days after the
vacancy occurs.
(6) Quorum.--Any majority of the Commission shall constitute a
quorum.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission, but not
less than quarterly. Notice of the Commission meetings and agendas
for the meetings shall be published in local newspapers that have a
distribution throughout the Shenandoah Valley. Meetings of the
Commission shall be subject to section 552b of title 5, United
States Code (relating to open meetings).
(8) Staff of the commission.--The Commission shall have the
power to appoint and fix the compensation of such staff as may be
necessary to carry out its duties.
(9) Administrative support services.--The Administrator of the
General Services Administration shall provide to the Commission,
without reimbursement, such administrative support services as the
Commission may request.
(10) Federal agencies.--Upon request of the Commission, the
head of any Federal agency may detail to the Commission or
management entity, without reimbursement, personnel of the agency
to assist the commission or management entity in carrying out its
duties and such detail shall be without interruption or loss of
civil service status, benefits, or privileges.
(11) Subpoenas.--The Commission may not issue subpoenas or
exercise any subpoena authority.
(12) Expenses.--Members of the Commission shall serve without
compensation, but the Secretary may reimburse members for expenses
reasonably incurred in carrying out the responsibilities of the
Commission under this Act.
(13) Mails.--The Commission may use the United States mails in
the same manner and under the same conditions as other departments
and agencies of the United States.
(14) Gifts.--The Commission may, for purposes of carrying out
the duties of the Commission, seek, accept, and dispose of gifts,
bequests, or donations of money, personal or real property, or
services received from any source.
(15) Termination.--The Commission shall terminate at the
expiration of the 45-day period beginning on the date on which the
Secretary approves the plan under subsection (f)(4).
(i) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) develop the plan and draft plan referred to in
subsection (f), in consultation with the Secretary;
(B) assist the Commonwealth of Virginia, and any political
subdivision thereof, in the management, protection, and
interpretation of the natural, cultural, and historical
resources within the District, except that the Commission shall
in no way infringe upon the authorities and policies of the
Commonwealth of Virginia or any political subdivision; and
(C) take appropriate action to encourage protection of the
natural, cultural, and historic resources within the District
by landowners, local governments, organizations, and
businesses.
(j) Authorization of Appropriation.--
(1) In general.--From the amounts made available to carry out
the National Historic Preservation Act, there are authorized to be
appropriated to the Commission not more than $250,000 annually to
remain available until expended.
(2) Assistance.--(A) From the amounts made available to carry
out the National Historic Preservation Act, there are authorized to
be appropriated to the Secretary for grants and technical
assistance pursuant to subsections (g) (1), (2), and (3) not more
than $2,000,000 annually to remain available until expended.
(B) The Federal share of any funds awarded under subsection
(g)(2) may not exceed the amount of non-Federal funds provided for
the preservation, interpretation, planning, development, or
implementation with respect to which the grant is awarded.
(3) Land acquisition.--From the amounts made available to carry
out the National Historic Preservation Act, there are authorized to
be appropriated for land acquisition pursuant to subsection (g)(4)
not more than $2,000,000 annually to remain available until
expended.
(4) Management entity.--From the amounts made available to
carry out the National Historic Preservation Act, there are
authorized to be appropriated to the management entity not more
than $500,000 annually to remain available until expended.
SEC. 607. WASHITA BATTLEFIELD.
(a) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the Battle of the Washita, November 27, 1868, was one
of the largest engagements between Plains tribes and the United
States Army on the Southern Great Plains. The site is a
registered National Historic Landmark;
(B) Lt. Colonel George A. Custer, leading the 7th United
States Cavalry, attacked the sleeping Cheyenne village of peace
chief Black Kettle. Custer's attack resulted in more than 150
Indian casualties, many of them women and children;
(C) the Battle of the Washita symbolizes the struggle of
the Southern Great Plains tribes to maintain their traditional
lifeways and not to submit to reservation confinement; and
(D) the Washita battle site possesses a high degree of
integrity and the cultural landscape is essentially intact. The
Cheyenne village site has not been altered substantially except
by periodic flooding of the Washita River.
(2) Purposes.--The purposes of this section are to--
(A) recognize the importance of the Battle of the Washita
as a nationally significant element of frontier military
history and as a symbol of the struggles of the Southern Great
Plains tribes to maintain control of their traditional use
areas; and
(B) establish the site of the Battle of the Washita as a
national historic site and provide opportunities for American
Indian groups including the Cheyenne-Arapaho Tribe to be
involved in the formulation of plans and educational programs
for the national historic site.
(b) Establishment.--
(1) In general.--In order to provide for the preservation and
interpretation of the Battle of the Washita, there is hereby
established the Washita Battlefield National Historic Site in the
State of Oklahoma (hereafter in this section referred to as the
``national historic site'').
(2) Boundary.--
(A) In general.--The national historic site shall consist
of--
(i) approximately 326 acres, as generally depicted on
the map entitled ``Washita Battlefield National Historic
Site'', numbered 22,000A and dated 12/95; and
(ii) the private lands subject to conservation
easements referred to in subsection (d)(2).
(B) Map.--The map referred to in subparagraph (A)(i) shall
be on file in the offices of the Director of the National Park
Service, Department of the Interior, and other appropriate
offices of the National Park Service. The Secretary of the
Interior (hereafter in this section referred to as the
``Secretary'') may, from time to time, make minor revisions in
the boundary of the national historic site in accordance with
section 7(c) of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-4 et seq.).
(c) Administration.--
(1) In general.--The Secretary, acting through the Director of
the National Park Service, shall manage the national historic site
in accordance with this section and the provisions of law generally
applicable to units of the National Park System, including ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4), and the
Act of August 21, 1935 (49 Stat. 666; U.S.C. 461-467).
(2) Management purposes.--The Secretary shall manage the
national historic site for the following purposes, among others:
(A) To protect and preserve the national historic site,
including the topographic features important to the battle
site, artifacts and other physical remains of the battle, and
the visual scene as closely as possible as it was at the time
of the battle.
(B) To interpret the cultural and natural resources of the
historic site, providing for public understanding and
appreciation of the area in such manner as to perpetuate these
qualities and values for future generations.
(3) Consultation and training.--The Secretary, acting through
the Director of the National Park Service, shall consult regularly
with the Cheyenne-Arapaho Tribe on the formulation of the
management plan provisions referred to in subsection (e)(5) and on
preparation of educational programs provided to the public. The
Secretary is authorized to enter into cooperative agreements with
the Cheyenne-Arapaho Tribe, its subordinate boards, committees,
enterprises, and traditional leaders to further the purposes of
this Act.
(d) Acquisition of Property.--
(1) Park boundaries.--Within the boundaries of the national
historic site, the Secretary is authorized to acquire lands and
interests in lands by donation, purchase with donated or
appropriated funds, or exchange, except that--
(A) no lands or interests in lands within the historic site
may be acquired without the consent of the owner thereof, and
(B) lands and interests in lands owned by the State of
Oklahoma or any political subdivision thereof may be acquired
only by donation.
(2) Conservation easements.--The Congress finds that the State
of Oklahoma, acting through the Oklahoma Historical Society, will
work with local land owners to acquire and hold in perpetuity
conservation easements in the vicinity of the national historic
site as deemed necessary for the visual and interpretive integrity
of the site. The intent of the easements will be to keep occupancy
of the land in private ownership and use of the land in general
agriculture.
(e) Management Plan.--Within 5 years after the date funds are made
available for purposes of this section, the Secretary, acting through
the Director of the National Park Service, shall prepare a general
management plan for the national historic site. The plan shall address,
but not be limited to, each of the following:
(1) A resource protection program.
(2) A visitor use plan including programs and facilities that
will be provided for public use, including the location and cost of
public facilities.
(3) A research and curation plan.
(4) A highway signing program.
(5) Involvement by the Cheyenne-Arapaho Tribe in the
formulation of educational programs for the national historic site.
(6) Involvement by the State of Oklahoma and other local and
national entities willing to share in the responsibilities of
developing and supporting the national historic site.
(f) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section for land acquisition and
development not more than $5,000,000.
TITLE VII--FEES
SEC. 701. SKI AREA PERMIT RENTAL CHARGE.
(a) The Secretary of Agriculture shall charge a rental charge for
all ski area permits issued pursuant to section 3 of the National
Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b), the Act of March
4, 1915 (38 Stat. 1101, chapter 144; 16 U.S.C. 497), or the 9th through
20th paragraphs under the heading ``SURVEYING THE PUBLIC LANDS'' under
the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June
4, 1897 (30 Stat. 34, chapter 2), on National Forest System lands.
Permit rental charges for permits issued pursuant to the National
Forest Ski Area Permit Act of 1986 shall be calculated as set forth in
subsection (b). Permit rental charges for existing ski area permits
issued pursuant to the Act of March 4, 1915, and the Act of June 4,
1897, shall be calculated in accordance with those existing permits:
Provided, That a permittee may, at the permittee's option, use the
calculation method set forth in subsection (b).
(b)(1) The ski area permit rental charge (SAPRC) shall be
calculated by adding the permittee's gross revenues from lift ticket/
year-round ski area use pass sales plus revenue from ski school
operations (LT+SS) and multiplying such total by the slope transport
feet percentage (STFP) on National Forest System land. That amount
shall be increased by the gross year-round revenue from ancillary
facilities (GRAF) physically located on national forest land, including
all permittee or subpermittee lodging, food service, rental shops,
parking and other ancillary operations, to determine the adjusted gross
revenue (AGR) subject to the permit rental charge. The final rental
charge shall be calculated by multiplying the AGR by the following
percentages for each revenue bracket and adding the total for each
revenue bracket:
(A) 1.5 percent of all adjusted gross revenue below $3,000,000;
(B) 2.5 percent for adjusted gross revenue between $3,000,000
and $15,000,000;
(C) 2.75 percent for adjusted gross revenue between $15,000,000
and $50,000,000; and
(D) 4.0 percent for the amount of adjusted gross revenue that
exceeds $50,000,000.
Utilizing the abbreviations indicated in this subsection the ski area
permit fee (SAPF) formula can be simply illustrated as:
SAPF = ((LT + SS) <greek-e> STFP) + GRAF = AGR; AGR <greek-e> %
BRACKETS
(2) In cases where ski areas are only partially located on national
forest lands, the slope transport feet percentage on national forest
land referred to in subsection (b)shall be calculated as generally
described in the Forest Service Manual in effect as of January 1, 1992.
Revenues from Nordic ski operations shall be included or excluded from
the rental charge calculation according to the percentage of trails
physically located on national forest land.
(3) In order to ensure that the rental charge remains fair and
equitable to both the United States and the ski area permittees, the
adjusted gross revenue figures for each revenue bracket in paragraph
(1) shall be adjusted annually by the percent increase or decrease in
the national Consumer Price Index for the preceding calendar year. No
later than 3 years after the date of enactment of this Act and every 5
years thereafter the Secretary shall submit to the Committee on Energy
and Natural Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives a report
analyzing whether the ski area permit rental charge legislated by this
Act is returning a fair market value rental to the United States
together with any recommendations the Secretary may have for
modifications of the system.
(c) The rental charge set forth in subsection (b) shall be due on
June 1 of each year and shall be paid or prepaid by the permittee on a
monthly, quarterly, annual or other schedule as determined appropriate
by the Secretary in consultation with the permittee. Unless mutually
agreed otherwise by the Secretary and the permittee, the payment or
prepayment schedule shall conform to the permittee's schedule in effect
prior to enactment of this Act. To reduce costs to the permittee and
the Forest Service, the Secretary shall each year provide the permittee
with a standardized form and worksheets (including annual rental charge
calculation brackets and rates) to be used for rental charge
calculation and submitted with the rental charge payment. Information
provided on such forms shall be compiled by the Secretary annually and
kept in the Office of the Chief, United States Forest Service.
(d) The ski area permit rental charge set forth in this section
shall become effective on June 1, 1996 and cover receipts retroactive
to June 1, 1995: Provided, That if a permittee has paid rental charges
for the period June 1, 1995, to June 1, 1996, under the graduated rate
rental charge system formula in effect prior to the date of enactment
of this Act, such rental charges shall be credited toward the new
rental charge due on June 1, 1996. In order to ensure increasing rental
charge receipt levels to the United States during transition from the
graduated rate rental charge system formula to the formula of this Act,
the rental charge paid by any individual permittee shall be--
(1) for the 1995-1996 permit year, either the rental charge
paid for the preceding 1994-1995 base year or the rental charge
calculated pursuant to this Act, whichever is higher;
(2) for the 1996-1997 permit year, either the rental charge
paid for the 1994-1995 base year or the rental charge calculated
pursuant to this Act, whichever is higher; and
(3) for the 1997-1998 permit year, either the rental charge for
the 1994-1995 base year or the rental charge calculated pursuant to
this Act, whichever is higher.
If an individual permittee's adjusted gross revenue for the 1995-1996,
1996-1997, or 1997-1998 permit years falls more than 10 percent below
the 1994-1995 base year, the rental charge paid shall be the rental
charge calculated pursuant to this Act.
(e) Under no circumstances shall revenue, or subpermittee revenue
(other than lift ticket, area use pass, or ski school sales) obtained
from operations physically located on non-national forest land be
included in the ski area permit rental charge calculation.
(f) To reduce administrative costs of ski area permittees and the
Forest Service the terms ``revenue'' and ``sales'', as used in this
section, shall mean actual incomefrom sales and shall not include sales
of operating equipment, refunds, rent paid to the permittee by
sublessees, sponsor contributions to special events or any amounts
attributable to employee gratuities or employee lift tickets,
discounts, or other goods or services (except for bartered goods and
complimentary lift tickets) for which the permittee does not receive
money.
(g) In cases where an area of national forest land is under a ski
area permit but the permittee does not have revenue or sales qualifying
for rental charge payment pursuant to subsection (a), the permittee
shall pay an annual minimum rental charge of $2 for each national
forest acre under permit or a percentage of appraised land value, as
determined appropriate by the Secretary.
(h) Where the new rental charge provided for in subsection (b)(1)
results in an increase in permit rental charge greater than one-half of
1 percent of the permittee's adjusted gross revenue as determined under
subsection (b)(1), the new rental charge shall be phased in over a
five-year period in a manner providing for increases of approximately
equal increments.
(i) To reduce Federal costs in administering the provisions of this
Act, the reissuance of a ski area permit to provide activities similar
in nature and amount to the activities provided under the previous
permit shall not constitute a major Federal action for the purposes of
the National Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(j) Subject to valid existing rights, all lands located within the
boundaries of ski area permits issued prior to, on or after the date of
enactment of this Act pursuant to authority of the Act of March 4, 1915
(38 Stat. 1101, chapter 144; 16 U.S.C. 497), and the Act of June 4,
1897, or the National Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b) are hereby and henceforth automatically withdrawn from all forms
of appropriation under the mining laws and from disposition under all
laws pertaining to mineral and geothermal leasing and all amendments
thereto. Such withdrawal shall continue for the full term of the permit
and any modification, reissuance, or renewal thereof. Unless the
Secretary requests otherwise of the Secretary of the Interior, such
withdrawal shall be canceled automatically upon expiration or other
termination of the permit and the land automatically restored to all
appropriation not otherwise restricted under the public land laws.
SEC. 702. DELAWARE WATER GAP.
(a) In General.--Effective at noon on September 30, 2005, the use
of Highway 209 within Delaware Water Gap National Recreation Area by
commercial vehicles, when such use is not connected with the operation
of the recreation area, is prohibited, except as provided in subsection
(b).
(b) Local Business Use Protected.--Subsection (a) does not apply
with respect to the use of commercial vehicles to serve businesses
located within or in the vicinity of the recreation area, as determined
by the Secretary.
(c) Conforming Provisions.--
(1) Paragraphs (1) through (3) of the third undesignated
paragraph under the heading ``ADMINISTRATIVE PROVISIONS'' in
chapter VII of title I of Public Law 98-63 (97 Stat. 329) are
repealed, effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the Secretary shall
collect and utilize a commercial use fee from commercial vehicles
in accordance with paragraphs (1) through (3) of such third
undesignated paragraph. Such fee shall not exceed $25 per trip.
SEC. 703. GLACIER BAY NATIONAL PARK.
Section 3(g) of Public Law 91-383 (16 U.S.C. 1a-2(g)) is amended
by: striking ``and park programs'' and inserting the following at the
end: ``Sixty percent of the fees paid by permittees for the privilege
of entering into Glacier Bay for the period beginning on the first full
fiscal year following the date of enactment of this sentence shall be
deposited into a special account and that such funds shall be
available--
``(1) to the extent determined necessary, to acquire and
preposition necessary and adequate emergency response equipment to
prevent harm or the threat of harm to aquatic park resources from
permittees; and
``(2) to conduct investigations to quantify any effect of
permittees' activity on wildlife and other natural resource values
of Glacier Bay National Park. The investigations provided for in
this subsection shall be designed to provide information of value
to the Secretary, in determining any appropriate limitations on
permittees' activity in Glacier Bay. The Secretary may not impose
any additional permittee operating conditions in the areas of air,
water, and oil pollution beyond those determined and enforced by
other appropriate agencies. When competitively awarding permits to
enter Glacier Bay, the Secretary may take into account the relative
impact particular permittees will have on park values and
resources, provided that no operating conditions or limitations
relating to noise abatement shall be imposed unless the Secretary
determines, based on the weight of the evidence from all available
studies including verifiable scientific information from the
investigations provided for in this subsection, that such
limitations or conditions are necessary to protect park values and
resources. Fees paid by certain permittees for the privilege of
entering into Glacier Bay shall not exceed $5 per passenger. For
the purposes of this subsection, `certain permittee' shall mean a
permittee which provides overnight accommodations for at least 500
passengers for an itinerary of at least 3 nights, and `permittee'
shall mean a concessionaire providing visitor services within
Glacier Bay. Nothing in this subsection authorizes the Secretary to
require additional categories of permits in, or otherwise increase
the number of permits to enter Glacier Bay National Park.''.
TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS
SEC. 801. LIMITATION ON PARK BUILDINGS.
The 10th undesignated paragraph (relating to a limitation on the
expenditure of funds for park buildings) under the heading
``MISCELLANEOUS OBJECTS, DEPARTMENT OF THE INTERIOR'', which appears
under the heading ``UNDER THE DEPARTMENT OF THE INTERIOR'', as
contained in the first section of the Act of August 24, 1912 (37 Stat.
460), as amended (16 U.S.C. 451), is hereby repealed.
SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN.
The first section of the Act of August 7, 1946 (16 U.S.C. 17j-2),
is amended by adding at the end the following:
``(j) Provide transportation for children in nearby communities to
and from any unit of the National Park System used in connection with
organized recreation and interpretive programs of the National Park
Service.''.
SEC. 803. FERAL BURROS AND HORSES.
(a) Vehicles and Aircraft.--Section 9 of the Act of December 15,
1971 (16 U.S.C. 1338a), is amended by adding at the end thereof the
following: ``Nothing in this title shall be deemed to limit the
authority of the Secretary in the management of units of the National
Park System, and the Secretary may, without regard either to the
provisions of this title, or the provisions of section 47(a) of title
18, United States Code, use motor vehicles, fixed-wing aircraft, or
helicopters, or to contract for such use, in furtherance of the
management of the National Park System, and section 47(a) of title 18,
United States Code, shall be applicable to such use.''.
(b) Ozark National Scenic Riverways.--Section 7 of the Act entitled
``An Act to provide for the establishment of the Ozark National Scenic
Riverways in the State of Missouri, and for other purposes'', approved
August 27, 1964 (16 U.S.C. 460m-6), is amended to read as follows:
``Sec. 7. (a) The Secretary, in accordance with this section, shall
allow free-roaming horses in the Ozark National Scenic Riverways.
Within 180 days after enactment of this section, the Secretary shall
enter into an agreement with the Missouri Wild Horse League or another
qualified nonprofit entity to provide for management of free-roaming
horses. The agreement shall provide for cost-effective management of
the horses and limit Federal expenditures to the costs of monitoring
the agreement. The Secretary shall issue permits for adequate pastures
to accommodate the historic population level of the free-roaming horse
herd, which shall be not less than the number of horses in existence on
the date of the enactment of this section nor more than 50.
``(b) The Secretary may not remove, or assist in, or permit the
removal of any free-roaming horses from Federal lands within the
boundary of the Ozark National Scenic Riverways unless--
``(1) the entity with whom the Secretary has entered into the
agreement under subsection (a), following notice and a 90-day
response period, substantially fails to meet the terms and
conditions of the agreement;
``(2) the number of free-roaming horses exceeds 50; or
``(3) in the case of an emergency or to protect public health
and safety, as defined in the agreement.
``(c) Nothing in this section shall be construed as creating
liability for the United States for any damages caused by the free-
roaming horses to property located inside or outside the boundaries of
the Ozark National Scenic Riverways.''.
SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTERIOR RELATING TO
MUSEUMS.
(a) Functions.--The Act entitled ``An Act to increase the public
benefits from the National Park System by facilitating the management
of museum properties relating thereto, and for other purposes''
approved July 1, 1955 (16 U.S.C. 18f), is amended--
(1) in subsection (b) of the first section, by striking out
``from such donations and bequests of money''; and
(2) by adding at the end thereof the following:
``SEC. 2. ADDITIONAL FUNCTIONS.
``(a) Museum Objects and Collections.--In addition to the functions
specified in the first section of this Act, the Secretary of the
Interior may perform the following functions in such manner as he shall
consider to be in the public interest:
``(1) Transfer museum objects and museum collections that the
Secretary determines are no longer needed for museum purposes to
qualified Federal agencies, including the Smithsonian Institution,
that have programs to preserve and interpret cultural or natural
heritage, and accept the transfer of museum objects and museum
collections for the purposes of this Act from any other Federal
agency, without reimbursement. The head of any other Federal agency
may transfer, without reimbursement, museum objects and museum
collections directly to the administrative jurisdiction of the
Secretary of the Interior for the purpose of this Act.
``(2) Convey museum objects and museum collections that the
Secretary determines are no longer needed for museum purposes,
without monetary consideration but subject to such terms and
conditions as the Secretary deems necessary, to private
institutions exempt from Federal taxation under section 501(c)(3)
of the Internal Revenue Code of 1986 and to non-Federal
governmental entities if the Secretary determines that the
recipient is dedicated to the preservation and interpretation of
natural or cultural heritage and is qualified to manage the
property, prior to any conveyance under this subsection.
``(3) Destroy or cause to be destroyed museum objects and
museum collections that the Secretary determines to have no
scientific, cultural, historic, educational, esthetic, or monetary
value.
``(b) Review and Approval.--The Secretary shall ensure that museum
collections are treated in a careful and deliberate manner that
protects the public interest. Prior to taking any action under
subsection (a), the Secretary shall establish a systematic review and
approval process, including consultation with appropriate experts, that
meets the highest standards of the museum profession for all actions
taken under this section.''.
(b) Application and Definitions.--The Act entitled ``An Act to
increase the public benefits from the National Park System by
facilitating the management of museum properties relating thereto, and
for other purposes'' approved July 1, 1955 (16 U.S.C. 18f), as amended
by subsection (a), is further amended by adding the following after
section 2:
``SEC. 3. APPLICATION AND DEFINITIONS.
``(a) Application.--Authorities in this Act shall be available to
the Secretary of the Interior with regard to museum objects and museum
collections that were under the administrative jurisdiction of the
Secretary for the purposes of the National Park System before the date
of enactment of this section as well as those museum objects and museum
collections that may be acquired on or after such date.
``(b) Definition.--For the purposes of this Act, the terms `museum
objects' and `museum collections' mean objects that are eligible to be
or are made part of a museum, library, or archive collection through a
formal procedure, such as accessioning. Such objects are usually
movable and include but are not limited to prehistoric and historic
artifacts, works of art, books, documents, photographs, and natural
history specimens.''.
SEC. 805. VOLUNTEERS IN PARKS INCREASE.
Section 4 of the Volunteers in the Parks Act of 1969 (16 U.S.C.
18j) is amended by striking out ``$1,000,000'' and inserting in lieu
thereof ``$3,500,000''.
SEC. 806. CARL GARNER FEDERAL LANDS CLEANUP DAY.
The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i- 169-1) is
amended by striking the terms ``Federal Lands Cleanup Day'' each place
it appears and inserting ``Carl Garner Federal Lands Cleanup Day''.
SEC. 807. FORT PULASKI NATIONAL MONUMENT, GEORGIA.
Section 4 of the Act of June 26, 1936 (ch. 844; 49 Stat. 1979), is
amended by striking ``: Provided, That'' and all that follows and
inserting a period.
SEC. 808. LAURA C. HUDSON VISITOR CENTER.
(a) Designation.--The visitor center at Jean Lafitte National
Historical Park, located at 419 Rue Decatur in New Orleans, Louisiana,
is hereby designated as the ``Laura C. Hudson Visitor Center''.
(b) Legal References.--Any reference in any law, regulation, paper,
record, map, or any other document of the United States to the visitor
center referred to in subsection (a) shall be deemed to be a reference
to the ``Laura C. Hudson Visitor Center''.
SEC. 809. ROBERT J. LAGOMARSINO VISITOR CENTER.
(a) Designation.--The visitor center at the Channel Islands
National Park, California, is designated as the ``Robert J. Lagomarsino
Visitor Center''.
(b) Legal References.--Any reference in any law, regulation,
document, record, map, or other document of the United States to the
visitor center referred to in section 301 is deemed to be a reference
to the ``Robert J. Lagomarsino Visitor Center''.
SEC. 810. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED BOUNDARY OF ROCKY
MOUNTAIN NATIONAL PARK.
The Secretary of the Interior is authorized to collect and expend
donated funds and expend appropriated funds for the operation and
maintenance of a visitor center to be constructed for visitors to and
administration of Rocky Mountain National Park with private funds on
privately owned lands located outside the boundary of the park.
SEC. 811. DAYTON AVIATION.
Section 201(b) of the Dayton Aviation Heritage Preservation Act of
1992 (Public Law 102-419, approved October 16, 1992), is amended as
follows:
(1) In paragraph (2), by striking ``from recommendations'' and
inserting ``after consideration of recommendations''.
(2) In paragraph (4), by striking ``from recommendations'' and
inserting ``after consideration of recommendations''.
(3) In paragraph (5), by striking ``from recommendations'' and
inserting ``after consideration of recommendations''.
(4) In paragraph (6), by striking ``from recommendations'' and
inserting ``after consideration of recommendations''.
(5) In paragraph (7), by striking ``from recommendations'' and
inserting ``after consideration of recommendations''.
SEC. 812. PROHIBITION ON CERTAIN TRANSFERS OF NATIONAL FOREST
LANDS.
After the date of the enactment of this Act the Secretary of
Agriculture shall not transfer (by exchange or otherwise) any lands
owned by the United States and managed by the Secretary as part of the
Angeles National Forest to any person unless the instrument of
conveyance contains a restriction, enforceable by the Secretary, on the
future use of such land prohibiting the use of any portion of such land
as a solid waste landfill. Such restriction shall be promptly enforced
by the Secretary when and if a violation of the restriction occurs.
SEC. 813. GRAND LAKE CEMETERY.
(a) Agreement.--Notwithstanding any other law, not later than 6
months after the date of enactment of this Act, the Secretary of the
Interior shall enter into an appropriate form of agreement with the
town of Grand Lake, Colorado, authorizing the town to maintain
permanently, under appropriate terms and conditions, a cemetery within
the boundaries of the Rocky Mountain National Park.
(b) Cemetery Boundaries.--The cemetery shall be comprised of
approximately 5 acres of land, as generally depicted on the map
entitled ``Grand Lake Cemetery'' and dated February 1995.
(c) Availability for Public Inspection.--The Secretary of the
Interior shall place the map described in subsection (b) on file, and
make the map available for public inspection, in the headquarters
office of the Rocky Mountain National Park.
(d) Limitation.--The cemetery shall not be extended beyond the
boundaries of the cemetery shown on the map described in subsection
(b).
SEC. 814. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.
(a) National Park Service Housing Improvement.--
(1) Purposes.--The purposes of this section are--
(A) to develop where necessary an adequate supply of
quality housing units for field employees of the National Park
Service within a reasonable time frame;
(B) to expand the alternatives available for construction
and repair of essential Government housing;
(C) to rely on the private sector to finance or supply
housing in carrying out this section, to the maximum extent
possible, in order to reduce the need for Federal
appropriations;
(D) to ensure that adequate funds are available to provide
for long-term maintenance needs of field employee housing; and
(E) to eliminate unnecessary Government housing and locate
such housing as is required in a manner such that primary
resource values are not impaired.
(2) General authority.--To enhance the ability of the Secretary
of the Interior (hereafter in this subsection referred to as ``the
Secretary''), acting through the Director of the National Park
Service, to effectively manage units of the National Park System,
the Secretary is authorized where necessary and justified to make
available employee housing, on or off the lands under the
administrative jurisdiction of the National Park Service, and to
rent or lease such housing to field employees of the National Park
Service at rates based on the reasonable value of the housing in
accordance with requirements applicable under section 5911 of title
5, United States Code.
(3) Review and revision of housing criteria.--Upon the
enactment of this Act, the Secretary shall review and revise the
existing criteria under which housing is provided to employees of
the National Park Service. Specifically, the Secretary shall
examine the existing criteria with respect to what circumstances
the National Park Service requires an employee to occupy Government
quarters to provide necessary services, protect Government
property, or because of a lack of availability of non-Federal
housing in the geographic area.
(4) Submission of report.--A report detailing the results of
the revisions required by paragraph (3) shall be submitted to the
Committee on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate not later
than 180 days after the date of the enactment of this Act. The
report shall include justifications for keeping, or for changing,
each of the criteria or factors used by the Department of the
Interior with regard to the provision of housing to employees of
the National Park Service.
(5) Review of condition of and costs relating to housing.--
Using the revised criteria developed under paragraph (3), the
Secretary shall undertake a review, for each unit of the National
Park System, of existing government-owned housing provided to
employees of the National Park Service. The review shall include an
assessment of the physical condition of such housing and the
suitability of such housing to effectively carry out the missions
of the Department of the Interior and the National Park Service.
For each unit of such housing, the Secretary shall determine
whether the unit is needed and justified. The review shall include
estimates of the cost of bringing each unit that is needed and
justified into usable condition that meets all applicable legal
housing requirements or, if the unit is determined to be obsolete
but is still warranted to carry out the missions of the Department
of the Interior and the National Park Service, the cost of
replacing the unit.
(6) Authorization for housing agreements.--For those units of
the National Park System for which the review required by
paragraphs (3) and (5) has been completed, the Secretary is
authorized, pursuant to the authorities contained in this
subsection and subject to the appropriation of necessary funds in
advance, to enter into housing agreements with housing entities
under which such housing entities may develop, construct,
rehabilitate, or manage housing, located on or off public lands,
for rent or lease to National Park Service employees who meet the
housing eligibility criteria developed by the Secretary pursuant to
this Act.
(7) Joint public-private sector housing programs.--
(A) Lease to build program.--Subject to the appropriation
of necessary funds in advance, the Secretary may--
(i) lease Federal land and interests in land to
qualified persons for the construction of field employee
quarters for any period not to exceed 50 years; and
(ii) lease developed and undeveloped non-Federal land
for providing field employee quarters.
(B) Comptetitive leasing.--Each lease under subparagraph
(A)(i) shall be awarded through the use of publicly advertised,
competitively bid, or competitively negotiated contracting
procedures.
(C) Terms and conditions.--Each lease under subparagraph
(A)(i)--
(i) shall stipulate whether operation and maintenance
of field employee quarters is to be provided by the lessee,
field employees or the Federal Government;
(ii) shall require that the construction and
rehabilitation of field employee quarters be done in
accordance with the requirements of the National Park
Service and local applicable building codes and industry
standards;
(iii) shall contain such additional terms and
conditions as may be appropriate to protect the Federal
interest, including limits on rents the lessee may charge
field employees for the occupancy of quarters, conditions
on maintenance and repairs, and agreements on the provision
of charges for utilities and other infrastructure; and
(iv) may be granted at less than fair market value if
the Secretary determines that such lease will improve the
quality and availability of field employee quarters
available.
(D) Contributions by united states.--The Secretary may make
payments, subject to appropriations, or contributions in kind
either in advance of or on a continuing basis to reduce the
costs of planning, construction, or rehabilitation of quarters
on or off Federal lands under a lease under this paragraph.
(8) Rental guarantee program.--
(A) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into a
lease to build arrangement as set forth in paragraph (7) with
further agreement to guarantee the occupancy of field employee
quarters constructed or rehabilitated under such lease. A
guarantee made under this paragraph shall be in writing.
(B) Limitations.--The Secretary may not guarantee--
(i) the occupancy of more than 75 percent of the units
constructed or rehabilitated under such lease; and
(ii) at a rental rate that exceeds the rate based on
the reasonable value of the housing in accordance with
requirements applicable under section 5911 of title 5,
United States Code.
In no event shall outstanding guarantees be in excess of
$3,000,000,
(C) Rental to government employees.--A guarantee may be
made under this subsection only if the lessee agrees to permit
the Secretary to utilize for housing purposes any units for
which the guarantee is made
(D) Failure to maintain a satisfactory level of operation
and maintenance.--The lease shall be null and void if the
lessee fails to maintain a satisfactory level of operation and
maintenance.
(9) Joint development authority.--The Secretary may use
authorities granted by statue in combination with one another in
the furtherance of providing where necessary and justified
affordable field employee housing.
(10) Contracts for the management of field employee quarters.--
(A) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into
contracts of any duration for the management, repair, and
maintenance of field employee quarters.
(B) Terms and conditions.--Any such contract shall contain
such terms and conditions as the Secretary deems necessary or
appropriate to protect the interests of the United States and
assure that necessary quarters are available to field
employees.
(11) Leasing of seasonal employee quarters.--
(A) General authority.--Subject to subparagraph (B), the
Secretary may lease quarters at or near a unit of the national
park system for use as seasonal quarters for field employees.
The rent charged to field employees under such a lease shall be
a rate based on the reasonable value of the quarters in
accordance with requirements applicable under section 5911 of
title 5, United States Code.
(B) Limitation.--The Secretary may only issue a lease under
subparagraph (A) if the Secretary finds that there is a
shortage of adequate and affordable seasonal quarters at or
near such unit and that--
(i) the requirement for such seasonal field employee
quarters is temporary; or
(ii) leasing would be more cost effective than
construction of new seasonal field employee quarters.
(C) Unrecovered costs.--The Secretary may pay the
unrecovered costs of leasing seasonal quarters under this
paragraph from annual appropriations for the year in which such
lease is made.
(12) Survey of existing facilities.--The Secretary shall--
(A) complete a condition assessment for all field employee
housing, including the physical condition of such housing and
the necessity and suitability of such housing for carrying out
the agency mission, using existing information; and
(B) develop an agency-wide priority listing, by structure,
identifying those units in greatestneed for repair,
rehabilitation, replacement, or initial construction.
(13) Use of housing-related funds.--Expenditure of any funds
authorized and appropriated for new construction, repair, or
rehabilitation of housing under this section shall follow the
housing priority listing established by the agency under paragraph
(13), in sequential order, to the maximum extent practicable.
(14) Annual budget submittal.--The President's proposed budget
to Congress for the first fiscal year beginning after enactment of
this Act, and for each subsequent fiscal year, shall include
identification of nonconstruction funds to be spent for National
Park Service housing maintenance and operations which are in
addition to rental receipts collected.
(15) Study of housing allowances.--Within 12 months after the
date of enactment of this Act, the Secretary shall conduct a study
to determine the feasibility of providing eligible employees of the
National Park Service with housing allowances rather than
Government housing. The study shall specifically examine the
feasibility of providing rental allowances to temporary and lower
paid permanent employees. Whenever the Secretary submits a copy of
such study to the Office of Management and Budget, he shall
concurrently transmit copies of the report to the Resources
Committee of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States
Senate.
(16) Study of sale of employee housing.--Within 18 months of
the date of the enactment of the Act, the Secretary shall complete
a study of the sale of Government quarters to a cooperative
consisting of field employees. The Secretary shall examine the
potential benefits to the Government as well as the employees and
any risks associated with such a program.
(17) General provisions.--
(A) Construction limitations on federal lands.--The
Secretary may not utilize any lands for the purposes of
providing field employee housing under this section which will
impact primary resource values of the area or adversely affect
the mission of the agency.
(B) Rental rates.--To the extent practicable, the Secretary
shall establish rental rates for all quarters occupied by field
employees of the National Park Service that are based on the
reasonable value of the quarters in accordance with
requirements applicable under section 5911 of title 5, United
States Code.
(C) Exemption from leasing requirements.--The provisions of
section 5 of the Act of July 15, 1968 (82 Stat. 354, 356; 16
U.S.C. 460l-22), and section 321 of the Act of June 30, 1932
(40 U.S.C. 303b; 47 Stat. 412), shall not apply to leases
issued by the Secretary under this section.
(18) Proceeds.--The proceeds from any lease under paragraph
(7)(A)(i)(I), any lease under paragraph (11)(B), and any lease of
seasonal quarters under subsection (l), shall be retained by the
National Park Service. Such proceeds shall be deposited into the
special fund established for maintenance and operation of quarters.
(19) Definitions.--For purposes of this subsection:
(A) The term ``field employee'' means--
(i) an employee of the National Park Service who is
exclusively assigned by the National Park Service to
perform duties ata field unit, and the members of their
family; and
(ii) other individuals who are authorized to occupy
Government quarters under section 5911 of title 5, United
States Code, and for whom there is no feasible alternative
to the provision of Government housing, and the members of
their family.
(B) The term ``land management agency'' means the National
Park Service, Department of the Interior.
(C) The term ``primary resource values'' means resources
which are specifically mentioned in the enabling legislation
for that field unit or other resource value recognized under
Federal statute.
(D) The term ``quarters'' means quarters owned or leased by
the Government.
(E) The term ``seasonal quarters'' means quarters typically
occupied by field employees who are hired on assignments of 6
months or less.
(b) Minor Boundary Revision Authority.--Section 7(c) of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9(c)) is
amended as follows:
(1) In the first sentence, by striking ``Committee on Natural''
and inserting ``Committee on''.
(2)(A) By striking ``: Provided, however,'' and all that
follows through ``1965''; and
(B) by inserting ``(1)'' after ``(c)'' and by inserting at the
end the following:
``(2) For the purposes of clause (i) of paragraph (1), in all cases
except the case of technical boundary revisions (resulting from such
causes as survey error or changed road alignments), the authority of
the Secretary under such clause (i) shall apply only if each of the
following conditions is met:
``(A) The sum of the total acreage of lands, waters, and
interests therein to be added to the area and the total such
acreage to be deleted from the area is not more than 5 percent of
the total Federal acreage authorized to be included in the area and
is less than 200 acres in size.
``(B) The acquisition, if any, is not a major Federal action
significantly affecting the quality of the human environment, as
determined by the Secretary.
``(C) The sum of the total appraised value of the lands, water,
and interest therein to be added to the area and the total
appraised value of the lands,waters, and interests therein to be
deleted from the area does not exceed $750,000.
``(D) The proposed boundary revision is not an element of a
more comprehensive boundary modification proposal.
``(E) The proposed boundary has been subject to a public review
and comment period.
``(F) The Director of the National Park Service obtains written
consent for the boundary modification from all property owners
whose lands, water, or interests therein, or a portion of whose
lands, water, or interests therein, will be added to or deleted
from the area by the boundary modification.
``(G) The lands are adjacent to other Federal lands
administered by the Director of the National Park Service.
``Minor boundary revisions involving only deletions of acreage owned by
the Federal Government and administered by the National Park Service
may be made only by Act of Congress.''.
(c) Authorization for Park Facilities To Be Located Outside the
Boundaries of Zion National Park.--In order to facilitate the
administration of Zion National Park, the Secretary of the Interior is
authorized, under such terms and conditions as he may deem advisable,
to expend donated or appropriated funds for the establishment of
essential facilities for park administration and visitor use outside
the boundaries, but within the vicinity, of the park. Such facilities
and the use thereof shall be in conformity with approved plans for the
park. The Secretary shall use existing facilities wherever feasible.
Such facilities may only be constructed by the Secretary upon a finding
that the location of such facilities would--
(1) avoid undue degradation of natural or cultural resources
within the park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Government.
The Secretary is authorized to enter into cooperative agreements with
State or local governments or private entities to undertake the
authority granted under this subsection. The Secretary is encouraged to
identify and utilize funding sources to supplement any Federal funding
used for these facilities.
(d) Elimination of Unnecessary Congressional Reporting
Requirements.--
(1) Repeals.--The following provisions are hereby repealed:
(A) Section 302(c) of the Act entitled ``An Act to
authorize the establishment of the Chattahoochee River National
Recreation Area in the State of Georgia, and for other purposes
(Public Law 95-344; 92 Stat. 478; 16 U.S.C. 2302(c)).
(B) Section 503 of the Act of December 19, 1980 (Public Law
96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2).
(C) Subsections (b) and (c) of section 4 of the Act of
October 15, 1982 (Public Law 97-335; 96 Stat. 1628; 16 U.S.C.
341 note).
(D) Section 7 of Public Law 89-671 (96 Stat. 1457; 16
U.S.C. 284f).
(E) Section 3(c) of the National Trails System Act (Public
Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)).
(F) Section 4(b) of the Act of October 24, 1984 (Public Law
98-540; 98 Stat. 2720; 16 U.S.C. 1a-8).
(G) Section 106(b) of the National Visitor Center
Facilities Act of 1968 (Public Law 90-264; 82 Stat. 44; 40
U.S.C. 805(b)).
(H) Section 6(f)(7) of the Act of September 3, 1964 (Public
Law 88-578; 78 Stat. 900; 16 U.S.C. 460l-8(f)(7)).
(I) Subsection (b) of section 8 of the Act of August 18,
1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C. 1a-5(b)).
(J) The last sentence of section 10(a)(2) of the National
Trails System Act (Public Law 90-543; 82 Stat. 926; 16 U.S.C.
1249(a)(2)).
(K) Section 4 of the Act of October 31, 1988 (Public Law
100-573; Stat. 2891; 16 U.S.C. 460o note).
(L) Section 104(b) of the Act of November 19, 1988 (Public
Law 100-698; 102 Stat. 4621).
(M) Section 1015(b) of the Urban Park and Recreation
Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544; 16
U.S.C. 2514(b)).
(N) Section 105 of the Act of August 13, 1970 (Public Law
91-378; 16 U.S.C. 1705).
(O) Section 307(b) of the National Historic Preservation
Act (Public Law 89-665; 16 U.S.C. 470w-6(b)).
(2) Amendments.--The following provisions are amended:
(A) Section 10 of the Archaeological Resources Protection
Act of 1979, by striking the last sentence of subsection (c)
(Public Law 96-95; 16 U.S.C. 470ii(c)).
(B) Section 5(c) of the Act of June 27, 1960 (Public Law
86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by inserting a
period after ``Act'' and striking ``and shall submit'' and all
that follows.
(C) Section 7(a)(3) of the Act of September 3, 1964 (Public
Law 88-578; 78 Stat. 903; 16 U.S.C. 460l-9(a)(3)), by striking
the last sentence.
(D) Section 111 of the Petroglyph National Monument
Establishment Act of 1990 (Public Law 101-313; 104 Stat. 278),
by striking the second sentence.
(E) Section 307(a) of the National Historic Preservation
Act (Public Law 89-665; 16 U.S.C. 470w-6(a)) is amended by
striking the first and second sentences.
(F) Section 101(a)(1)(B) of the National Historic
Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by
inserting a period after ``Register'' the last place such term
appears and by striking ``and submitted'' and all that follows.
(e) Senate Confirmation of the Director of the National Park
Service.--
(1) In general.--The first section of the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1; commonly
referred to as the ``National Park Service Organic Act''), is
amended in the first sentence by striking ``who shall be appointed
by the Secretary'' and all that follows and inserting ``who shall
be appointed by the President, by and with the advice and consent
of the Senate. The Director shall have substantial experience and
demonstrated competence in land management and natural or cultural
resource conservation. The Director shall select two Deputy
Directors. The first Deputy Director shall have responsibility for
National Park Service operations, and the second Deputy Director
shall have responsibility for other programs assigned to the
National Park Service.''.
(2) Effective date and application.--The amendment made by
subsection (a) shall take effect on February 1, 1997, and shall
apply with respect to the individual (if any) serving as the
Director of the National Park Service on that date.
(f) National Park System Advisory Board Authorization.--
(1) National Park system advisory board.--Section 3 of the Act
of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) is amended as
follows:
(A) In subsection (a) by striking the first 3 sentences and
inserting in lieu thereof: ``There is hereby established a
National Park System Advisory Board, whose purpose shall be to
advise the Director of the National Park Service on matters
relating to the National Park Service, the National Park
System, and programs administered by the National Park Service.
The Board shall advise the Director on matters submitted to the
Board by the Director as well as any other issues identified by
the Board. Members of the Board shall be appointed on a
staggered term basis by the Secretary for a term not to exceed
4 years and shall serve at the pleasure of the Secretary. The
Board shall be comprised of no more than 12 persons, appointed
from among citizens of the United States having a demonstrated
commitment to the mission of the National Park Service. Board
members shall be selected to represent various geographic
regions, including each of the administrative regions of the
National Park Service. At least 6 of the members shall have
outstanding expertise in 1 or more of the following fields:
history, archeology, anthropology, historical or landscape
architecture, biology, ecology, geology, marine science, or
social science. At least 4 of the members shall have
outstanding expertise and prior experience in the management of
national or State parks or protected areas, or national or
cultural resources management. The remaining members shall have
outstanding expertise in 1 or more of the areas described above
or in another professional or scientific discipline, such as
financial management, recreation use management, land use
planning or business management, important to the mission of
the National Park Service. At least 1 individual shall be a
locally elected official from an area adjacent to a park. The
Board shall hold its first meeting by no later than 60 days
after the date on which all members of the Advisory Board who
are to be appointed have been appointed. Any vacancy in the
Board shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made. The
Board may adopt such rules as may be necessary to establish its
procedures and to govern the manner of its operations,
organization, and personnel. All members of the Board shall be
reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Board while
away from home or their regular place of business, in
accordance with subchapter 1 of chapter 57 of title 5, United
States Code. With the exception of travel and per diem as noted
above, a member of the Board who is otherwise an officer or
employee of the United States Government shall serve on the
Board without additional compensation.''.
(B) By redesignating subsections (b) and (c) as (f) and (g)
and by striking from the first sentence of subsection (f), as
so redesignated ``1995'' and inserting in lieu thereof
``2006''.
(C) By adding the following new subsections after
subsection (a):
``(b)(1) The Secretary is authorized to hire 2 full-time staffers
to meet the needs of the Advisory Board.
``(2) Service of an individual as a member of the Board shall not
be considered as service or employment bringing such individual within
the provisions of any Federal law relating to conflicts of interest or
otherwise imposing restrictions, requirements, or penalties in relation
to the employment of persons, the performance of services, or the
payment or receipt of compensation in connection with claims,
proceedings, or matters involving the United States. Service as a
member of the Board, or as an employee of the Board, shall not be
considered service in an appointive or elective position in the
Government for purposes of section 8344 of title 5, United States Code,
or comparable provisions of Federal law.
``(c)(1) Upon request of the Director, the Board is authorized to--
``(A) hold such hearings and sit and act at such times,
``(B) take such testimony,
``(C) have such printing and binding done,
``(D) enter into such contracts and other arrangements.
``(E) make such expenditures, and
``(F) take such other actions, as the Board may deem advisable.
Any member of the Board may administer oaths or affirmations to
witnesses appearing before the Board.
``(2) The Board may establish committees or subcommittees. Any such
subcommittees or committees shall be chaired by a voting member of the
Board.
``(d) The provisions of the Federal Advisory Committee Act shall
apply to the Board established under this section with the exception of
section 14(b).
``(e)(1) The Board is authorized to secure directly from any
office, department, agency, establishment, or instrumentality of the
Federal Government such information as the Board may require for the
purpose of this section, and each such officer, department, agency,
establishment, or instrumentality is authorized and directed to
furnish, to the extent permitted by law, such information, suggestions,
estimates, and statistics directly to the Board, upon request made by a
member of the Board.
``(2) Upon the request of the Board, the head of any Federal
department, agency, or instrumentality is authorized to make any of the
facilities and services of such department, agency, or instrumentality
to the Board, on a nonreimbursable basis, to assist the Board in
carrying out its duties under this section.
``(3) The Board may use the United States mails in the same manner
and under the same conditions as other departments and agencies in the
United States.''.
(2) Authorization of appropriations.--There are authorized to
be appropriated to the National Park System Advisory Board $200,000
per year to carry out the provisions of section 3 of the Act of
August 21, 1935 (49 Stat. 667; 16 U.S.C. 463).
(3) Effective date.--This subsection shall take effect on
December 7, 1997.
(g) Challenge Cost-Share Agreement Authority.--
(1) Definitions.--For purposes of this subsection:
(A) The term ``challenge cost-share agreement'' means any
agreement entered into between the Secretary and any cooperator
for the purpose of sharing costs or services in carrying out
authorized functions and responsibilities of the Secretary of
the Interior with respect to any unit or program of the
National Park System (as defined in section 2(a) of the Act of
August 8, 1953 (16 U.S.C. 1c(a))), any affiliated area,or any
designated National Scenic or Historic Trail.
(B) The term ``cooperator'' means any State or local
government, public or private agency, organization,
institution, corporation, individual, or other entity.
(2) Challenge cost-share agreements.--The Secretary of the
Interior is authorized to negotiate and enter into challenge cost-
share agreements with cooperators.
(3) Use of federal funds.--In carrying out challenge cost-share
agreements, the Secretary of the Interior is authorized to provide
the Federal funding share from any funds available to the National
Park Service.
(h) Cost Recovery for Damage to National Park Resources.--Public
Law 101-337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending subsection (d)
to read as follows:
``(d) `Park system resource' means any living or non-living
resource that is located within the boundaries of a unit of the
National Park System, except for resources owned by a non-Federal
entity.''.
(2) In section 1 (16 U.S.C. 19jj) by adding at the end thereof
the following:
``(g) `Marine or aquatic park system resource' means any living or
non-living part of a marine or aquatic regimen within or is a living
part of a marine or aquatic regimen within the boundaries of a unit of
the National Park System, except for resources owned by a non-Federal
entity.''.
(3) In section 2(b) (16 U.S.C. 19jj-1(b)), by inserting ``any
marine or aquatic park resource'' after ``any park system
resource''.
SEC. 815. WILLIAM B. SMULLIN VISITOR CENTER.
(a) Designation.--The Bureau of Land Management's visitors center
in Rand, Oregon is hereby designated as the ``William B. Smullin
Visitor Center''.
(b) Legal References.--Any reference in any law, regulation,
document, record, map, or other document of the United States to the
visitor center referred to in subsection (a) shall be deemed to be a
reference to the ``William B. Smullin Visitor Center''.
SEC. 816. CALUMET ECOLOGICAL PARK.
(a) Feasibility Study.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior shall conduct
a study of the feasibility of establishing an urban ecological park
to be known as ``Calumet Ecological Park'', in the Lake Calumet
area situated between the Illinois and Michigan Canal National
Heritage Corridor and the Indiana Dunes National Lakeshore.
(2) Particulars of study.--The study under paragraph (1) shall
include consideration of the following:
(A) The suitability of establishing a park in the Lake
Calumet area that--
(i) conserves and protects the wealth of natural
resources threatened by development and pollution in the
Lake Calumet area; and
(ii) consists of a number of nonadjacent sites forming
green corridors between the Illinois and Michigan Canal
National Heritage Corridor and the Indiana Dunes National
Lakeshore, that are based on the lakes and waterways in the
area.
(B) The long-term future use of the Lake Calumet area.
(C) Ways in which a Calumet Ecological Park would--
(i) benefit and enhance the cultural, historical, and
natural resources of the Lake Calumet area; and
(ii) preserve natural lands and habitats in the Lake
Calumet area and northwest Indiana.
(3) Report.--Not later than 1 year after the date of enactment
of this Act, the Secretary shall submit to the Congress a report
containing findings and recommendations of a study under this
section.
SEC. 817. ACQUISITION OF CERTAIN PROPERTY ON SANTA CRUZ ISLAND.
Section 202 of Public Law 96-199 (16 U.S.C. 410ff-1) is amended by
adding the following new subsection at the end thereof:
``(e)(1) Notwithstanding any other provision of law, effective 90
days after the date of enactment of this subsection, all right, title,
and interest in and to, and the right to immediate possession of, the
real property on the eastern end of Santa Cruz Island which is known as
the Gherini Ranch is hereby vested in the United States, except for the
reserved rights of use and occupancy set forth in Instrument No. 90-
027494 recorded in the Official Records of the County of Santa Barbara,
California.
``(2) The United States shall pay just compensation to the owners
of any real property taken pursuant to this subsection, determined as
of the date of taking. The full faith and credit of the United States
is hereby pledged to the payment of any judgment entered against the
United States with respect to the taking of such property. Payment
shall be in the amount of the agreed negotiated value of such real
property plus interest or the valuation of such real property awarded
by judgment plus interest. Interest shall accrue from the date of
taking to the date of payment. Interest shall be compounded quarterly
and computed at the rate applicable for the period involved, as
determined by the Secretary of the Treasury on the basis of the current
average market yield on outstanding marketable obligations of the
United States of comparable maturities from the date of enactment of
this subsection to the last day of the month preceding the date on
which payment is made.
``(3) In the absence of a negotiated settlement, or an action by
the owner, within 1 year after the date of enactment of this
subsection, the Secretary shall initiate a proceeding, seeking in a
court of competent jurisdiction a determination of just compensation
with respect to the taking of such property.
``(4) The Secretary shall not allow any unauthorized use of the
lands to be acquired under this subsection, except that the Secretary
shall permit the orderly termination of all current activities and the
removal of any equipment, facilities, or personal property.''.
SEC. 818. NATIONAL PARK AGREEMENTS.
Section 3 of the Act entitled ``An Act to improve the
administration of the National Park System by the Secretary of the
Interior, and to clarify the authorities applicable to the system, and
for other purposes'' approved August 18, 1970 (16 U.S.C. 1a-2), is
amended--
(1) in paragraph (i), by striking the period at the end thereof
and inserting in lieu thereof ``; and''; and
(2) by adding at the end thereof the following:
``(j) Enter into cooperative agreements with public or private
educational institutions, States, and their political subdivisions, for
the purpose of developing adequate, coordinated, cooperative research
and training programs concerning the resources of the National Park
System, and, pursuant to any such agreements, to accept from and make
available to the cooperator such technical and support staff, financial
assistance for mutually agreed upon research projects, supplies and
equipment, facilities, and administrative services relating to
cooperative research units as the Secretary deems appropriate; except
that this paragraph shall not waive any requirements for research
projects that are subject to the Federal procurement regulations.''.
TITLE IX--HERITAGE AREAS
SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.
(a) Boundary Changes.--Section 2 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public
Law 99-647; 16 U.S.C. 461 note), is amended by striking the first
sentence and inserting the following new sentence: ``The boundaries
shall include the lands and water generally depicted on the map
entitled `Blackstone River Valley National Heritage Corridor Boundary
Map', numbered BRV-80-80,011, and dated May 2, 1993.''.
(b) Terms.--Section 3(c) of the Act entitled ``An Act to establish
the Blackstone River Valley National Heritage Corridor in Massachusetts
and Rhode Island'', approved November 10, 1986 (Public Law 99-647; 16
U.S.C. 461 note), is amended by inserting before the period at the end
the following: ``, but may continue to serve after the expiration of
this term until a successor has been appointed''.
(c) Revision of Plan.--Section 6 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public
Law 99-647; 16 U.S.C. 461 note), is amended by adding at the end the
following new subsection:
``(d) Revision of Plan.--(1) Not later than 1 year after the date
of the enactment of this subsection, the Commission, with the approval
of the Secretary, shall revise the Cultural Heritage and Land
Management Plan. The revision shall address the boundary change and
shall include a natural resource inventory of areas or features that
should be protected, restored, managed, or acquired because of their
contribution to the understanding of national cultural landscape
values.
``(2) No changes other than minor revisions may be made in the
approval plan as amended without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed changes in the plan,
except minor revisions, in accordance with subsection (b).''.
(d) Extension of Commission.--Section 7 of the Act entitled ``An
Act to establish the Blackstone River Valley National Heritage Corridor
in Massachusetts and Rhode Island'', approved November 10, 1986 (Public
Law 99-647; 16 U.S.C. 461 note), is amended to read as follows:
``SEC. 7. TERMINATION OF COMMISSION.
``The Commission shall terminate on the date that is 10 years after
the date of enactment of this section.''.
(e) Implementation of Plan.--Subsection (c) of section 8 of the Act
entitled ``An Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island'', approved
November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is amended
to read as follows:
``(c) Implementation.--(1) To assist in the implementation of the
Cultural Heritage and Land Management Plan in a manner consistent with
purposes of this Act, the Secretary is authorized to undertake a
limited program of financial assistance for the purpose of providing
funds for the preservation and restoration of structures on or eligible
for inclusion on the National Register of Historic Places within the
Corridor which exhibit national significance or provide a wide spectrum
of historic, recreational, or environmental education opportunities to
the general public.
``(2) To be eligible for funds under this section, the Commission
shall submit an application to the Secretary that includes--
``(A) a 10-year development plan including those resource
protection needs and projects critical to maintaining or
interpreting the distinctive character of the Corridor; and
``(B) specific descriptions of annual work programs that have
been assembled, the participating parties, roles, cost estimates,
cost-sharing, or cooperative agreements necessary to carry out the
development plan.
``(3) Funds made available pursuant to this subsection shall not
exceed 50 percent of the total cost of the work programs.
``(4) In making the funds available, the Secretary shall give
priority to projects that attract greater non-Federal funding sources.
``(5) Any payment made for the purposes of conservation or
restoration of real property or structures shall be subject to an
agreement either--
``(A) to convey a conservation or preservation easement to the
Department of Environmental Management or to the Historic
Preservation Commission, as appropriate, of the State in which the
real property or structure is located; or
``(B) that conversion, use, or disposal of the resources so
assisted for purposes contrary to the purposes of this Act, as
determined by the Secretary, shall result in a right of the United
States for reimbursement of all funds expended upon such resources
or the proportion of the increased value of the resources
attributable to such funds as determined at the time of such
conversion, use, or disposal, whichever is greater.
``(6) The authority to determine that a conversion, use, or
disposal of resources has been carried out contrary to the purposes of
this Act in violation of an agreement entered into under paragraph
(5)(A) shall be solely at the discretion of the Secretary.''.
(f) Local Authority.--Section 5 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage Corridor in
Massachusetts and Rhode Island'', approved November 10, 1986 (Public
Law 99-647; 16 U.S.C. 461 note), is amended by adding at the end the
following new subsection:
``(j) Local Authority and Private Property Not Affected.--Nothing
in this Act shall be construed to affect or to authorize the Commission
to interfere with--
``(1) the rights of any person with respect to private
property; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Massachusetts or any political subdivision of the
Commonwealth.''.
(g) Authorization of Appropriations.--Notwithstanding any other
provisions of law regarding limitations on funding for heritage areas,
section 10 of the Act entitled ``An Act to establish the Blackstone
River Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), as amended, is further amended:
(1) in subsection (a), by striking ``$350,000'' and inserting
``$650,000''; and
(2) by amending subsection (b) to read as follows:
``(b) Development Funds.--For fiscal year 1996, 1997, and 1998,
there is authorized to be appropriated to carry out section 8(c) not to
exceed $5,000,000.''.
SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR.
The Illinois and Michigan Canal National Heritage Corridor Act of
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended by inserting
after section 117 the following new section:
``SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR.
``The Commission shall undertake a study to determine whether the
Joliet Army Ammunition Plant and the Calumet-Sag and Chicago Sanitary
and Ship Canals should be added to the corridor. The study shall
specifically examine the relationship between the purposes of this Act
and the areas proposed for study and shall identify any specific
resources which are related to the purposes for which the corridor was
established. The study shall propose boundaries which provide for the
inclusion of any related resources within the corridor. The Commission
shall submit the study to the Secretary and the appropriate
congressional committees. Upon receipt of the study, the Secretary
shall determine which lands (if any) should be added to the corridor
and shall so notify the appropriate congressional committees.''.
TITLE X--MISCELLANEOUS
Subtitle A--Tallgrass Prairie National Preserve
SEC. 1001. SHORT TITLE.
This subtitle may be cited as the ``Tallgrass Prairie National
Preserve Act of 1996''.
SEC. 1002. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) of the 400,000 square miles of tallgrass prairie that once
covered the North American Continent, less than 1 percent remains,
primarily in the Flint Hills of Kansas;
(2) in 1991, the National Park Service conducted a special
resource study of the Spring Hill Ranch, located in the Flint Hills
of Kansas;
(3) the study concludes that the Spring Hill Ranch--
(A) is a nationally significant example of the once vast
tallgrass ecosystem, and includes buildings listed on the
National Register of Historic Places pursuant to section 101 of
the National Historic Preservation Act (16 U.S.C. 470a) that
represent outstanding examples of Second Empire and other 19th
Century architectural styles; and
(B) is suitable and feasible as a potential addition to the
National Park System; and
(4) the National Park Trust, which owns the Spring Hill Ranch,
has agreed to permit the National Park Service--
(A) to purchase a portion of the ranch, as specified in the
subtitle; and
(B) to manage the ranch in order to--
(i) conserve the scenery, natural and historic objects,
and wildlife of the ranch; and
(ii) provide for the enjoyment of the ranch in such a
manner and by such means as will leave the scenery, natural
and historic objects, and wildlife unimpaired for the
enjoyment of future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to preserve, protect, and interpret for the public an
example of a tallgrass prairie ecosystem on the Spring Hill Ranch,
located in the Flint Hills of Kansas; and
(2) to preserve and interpret for the public the historic and
cultural values represented on the Spring Hill Ranch.
SEC. 1003. DEFINITIONS.
In this subtitle:
(1) Advisory committee.--The term ``Advisory Committee'' means
the Advisory Committee established under section 1007.
(2) Preserve.--The term ``Preserve'' means the Tallgrass
Prairie National Preserve established by section 1004.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Trust.--The term ``Trust'' means the National Park Trust,
Inc., a District of Columbia nonprofit corporation, or any
successor-in-interest.
SEC. 1004. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL PRESERVE.
(a) In General.--In order to provide for the preservation,
restoration, and interpretation of the Spring Hill Ranch area of the
Flint Hills of Kansas, for the benefit and enjoyment of present and
future generations, there is established the Tallgrass Prairie National
Preserve.
(b) Description.--The Preserve shall consist of the lands and
interests in land, including approximately 10,894 acres, generally
depicted on the map entitled ``Boundary Map, Flint Hills Prairie
National Monument'' numbered NM-TGP 80,000 and dated June 1994, more
particularly described in the deed filed at 8:22 a.m. ofJune 3, 1994,
with the Office of the Register of Deeds in Chase County, Kansas, and
recorded in Book L-106 at pages 328 through 339, inclusive. In the case
of any difference between the map and the legal description, the legal
description shall govern, except that if, as a result of a survey, the
Secretary determines that there is a discrepancy with respect to the
boundary of the Preserve that may be corrected by making minor changes
to the map, the Secretary shall make changes to the map as appropriate,
and the boundaries of the Preserve shall be adjusted accordingly. The
map shall be on file and available for public inspection in the
appropriate offices of the National Park Service of the Department of
the Interior.
SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE.
(a) In General.--The Secretary shall administer the Preserve in
accordance with this subtitle, the cooperative agreements described in
subsection (f)(1), and the provisions of law generally applicable to
units of the National Park System, including the Act entitled ``An Act
to establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(b) Application of Regulations.--With the consent of a private
owner of land within the boundaries of the Preserve, the regulations
issued by the Secretary concerning the National Park Service that
provide for the proper use, management, and protection of persons,
property, and natural and cultural resources shall apply to the private
land.
(c) Facilities.--For purposes of carrying out the duties of the
Secretary under this subtitle relating to the Preserve, the Secretary
may, with the consent of a landowner, directly or by contract,
construct, reconstruct, rehabilitate, or develop essential buildings,
structures, and related facilities including roads, trails, and other
interpretive facilities on real property that is not owned by the
Federal Government and is located within the Preserve.
(d) Liability.--
(1) Liability of the united states and its officers and
employees.--Except as otherwise provided in this subsection, the
liability of the United States is subject to the terms and
conditions of the Federal Tort Claims Act, as amended, 28 U.S.C.
2671 et seq., with respect to the claims arising by virtue of the
Secretary's administration of the Preserve pursuant to this Act.
(2) Liability of landowners.--
(A) The Secretary of the Interior is authorized, under such
terms and conditions as he deems appropriate, to include in any
cooperative agreement entered into in accordance with
subsection (f)(1) an indemnification provision by which the
United States agrees to hold harmless, defend and indemnify the
landowner in full from and against any suit, claim, demand or
action, liability, judgment, cost or other fee arising out of
any claim of personal injury or property damage that occurs in
connection with the operation of the Preserve under the
agreement: Provided however, That indemnification shall not
exceed $3 million per claimant per occurrence.
(B) The indemnification provision authorized by
subparagraph (A) shall not include claims for personal injury
or property damage proximately caused by the wanton or willful
misconduct of the landowner.
(e) Unit of the National Park System.--The Preserve shall be a unit
of the National Park System for all purposes, including the purpose of
exercising authority to charge entrance and admission fees under
section 4 of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 460l-6a).
(f) Agreement and Donations.--
(1) Agreements.--The Secretary may expend Federal funds for the
cooperative management of private property within the Preserve for
research, resource management (including pest control and noxious
weed control, fire protection, and the restoration of buildings),
and visitor protection and use.
(2) Donations.--The Secretary may accept, retain, and expend
donations of funds, property (other than real property), or
services from individuals, foundations, corporations, or public
entities for the purposes of providing programs, services,
facilities, or technical assistance that further the purposes of
this subtitle.
(g) General Management Plan.--
(1) In general.--Not later than the end of the third full
fiscal year beginning after the date of enactment of this Act, the
Secretary shall prepare and submit to the Committee on Energy and
Natural Resources of the Senate and the Committee on Resources of
the House of Representatives a general management plan for the
Preserve.
(2) Consultation.--In preparing the general management plan,
the Secretary, acting through the Director of the National Park
Service, shall consult with--
(A)(i) appropriate officials of the Trust; and
(ii) the Advisory Committee; and
(B) adjacent landowners, appropriate officials of nearby
communities, the Kansas Department of Wildlife and Parks, the
Kansas Historical Society, and other interested parties.
(3) Content of plan.--The general management plan shall provide
for the following:
(A) Maintaining and enhancing the tall grass prairie within
the boundaries of the Preserve.
(B) Public access and enjoyment of the property that is
consistent with the conservation and proper management of the
historical, cultural, and natural resources of the ranch.
(C) Interpretive and educational programs covering the
natural history of the prairie, the cultural history of Native
Americans, and the legacy of ranching in the Flint Hills
region.
(D) Provisions requiring the application of applicable
State law concerning the maintenance of adequate fences within
the boundaries of the Preserve. In any case in which an
activity of the National Park Service requires fences that
exceed the legal fence standard otherwise applicable to the
Preserve, the National Park Service shall pay the additional
cost of constructing and maintaining the fences to meet the
applicable requirements for that activity.
(E) Provisions requiring the Secretary to comply with
applicable State noxious weed, pesticide, and animal health
laws.
(F) Provisions requiring compliance with applicable State
water laws and Federal and State waste disposal laws (including
regulations) and any other applicable law.
(G) Provisions requiring the Secretary to honor each valid
existing oil and gas lease for lands within the boundaries of
the Preserve (as described in section 1004(b)) that is in
effect on the date of enactment of this Act.
(H) Provisions requiring the Secretary to offer to enter
into an agreement with each individual who, as of the date of
enactment of this Act, holds rights for cattle grazing within
the boundaries of the Preserve (as described in section
1004(b)).
(4) Hunting and fishing.--The Secretary may allow hunting and
fishing on Federal lands within the Preserve.
(5) Financial analysis.--As part of the development of the
general management plan, the Secretary shall prepare a financial
analysis indicating how the management of the Preserve may be fully
supported through fees, private donations, and other forms of non-
Federal funding.
SEC. 1006. LIMITED AUTHORITY TO ACQUIRE.
(a) In General.--The Secretary shall acquire, by donation, not more
than 180 acres of real property within the boundaries of the Preserve
(as described in section 1004(b)) and the improvements on the real
property.
(b) Payments in Lieu of Taxes.--For the purposes of payments made
under chapter 69 of title 31, United States Code, the real property
described in subsection (a)(1) shall be deemed to have been acquired
for the purposes specified in section 6904(a) of that title.
(c) Prohibitions.--No property may be acquired under this section
without the consent of the owner of the property. The United States may
not acquire fee ownership of any lands within the Preserve other than
lands described in this section.
SEC. 1007. ADVISORY COMMITTEE.
(a) Establishment.--There is established an advisory committee to
be known as the ``Tallgrass Prairie National Preserve Advisory
Committee''.
(b) Duties.--The Advisory Committee shall advise the Secretary and
the Director of the National Park Service concerning the development,
management, and interpretation of the Preserve. In carrying out those
duties, the Advisory Committee shall provide timely advice to the
Secretary and the Director during the preparation of the general
management plan under section 1005(g).
(c) Membership.--The Advisory Committee shall consist of 13
members, who shall be appointed by the Secretary as follows:
(1) Three members shall be representatives of the Trust.
(2) Three members shall be representatives of local landowners,
cattle ranchers, or other agricultural interests.
(3) Three members shall be representatives of conservation or
historic preservation interests.
(4)(A) One member shall be selected from a list of persons
recommended by the Chase County Commission in the State of Kansas.
(B) One member shall be selected from a list of persons
recommended by appropriate officials of Strong City, Kansas, and
Cottonwood Falls, Kansas.
(C) One member shall be selected from a list of persons
recommended by the Governor of the State of Kansas.
(5) One member shall be a range management specialist
representing institutions of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20 U.S.C.
1141(a))) in the State of Kansas.
(d) Terms.--
(1) In general.--Each member of the Advisory Committee shall be
appointed to serve for a term of 3 years, except that the initial
members shall be appointed as follows:
(A) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to serve
for a term of 3 years.
(B) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to serve
for a term of 4 years.
(C) Five members shall be appointed, one each from
paragraphs (1) through (5) of subsection (c), to serve for a
term of 5 years.
(2) Reappointment.--Each member may be reappointed to serve a
subsequent term.
(3) Expiration.--Each member shall continue to serve after the
expiration of the term of the member until a successor is
appointed.
(4) Vacancies.--A vacancy on the Advisory Committee shall be
filled in the same manner as an original appointment is made. The
member appointed to fill the vacancy shall serve until the
expiration of the term in which the vacancy occurred.
(e) Chairperson.--The members of the Advisory Committee shall
select 1 of the members to serve as Chairperson.
(f) Meetings.--Meetings of the Advisory Committee shall be held at
the call of the Chairperson or the majority of the Advisory Committee.
Meetings shall be held at such locations and in such a manner as to
ensure adequate opportunity for public involvement. In compliance with
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.),
the Advisory Committee shall choose an appropriate means of providing
interested members of the public advance notice of scheduled meetings.
(g) Quorum.--A majority of the members of the Advisory Committee
shall constitute a quorum.
(h) Compensation.--Each member of the Advisory Committee shall
serve without compensation, except that while engaged in official
business of the Advisory Committee, the member shall be entitled to
travel expenses, including per diem in lieu of subsistence in the same
manner as persons employed intermittently in Government service under
section 5703 of title 5, United States Code.
(i) Charter.--The rechartering provisions of section 14(b) of the
Federal Advisory Committee Act (15 U.S.C. App.) shall not apply to the
Advisory Committee.
SEC. 1008. RESTRICTION ON AUTHORITY.
Nothing in this subtitle shall give the Secretary authority to
regulate lands outside the land area acquired by the Secretary under
section 1006(a).
SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Department of the
Interior such sums as are necessary to carry out this subtitle.
Subtitle B--Sterling Forest
SEC. 1011. PALISADES INTERSTATE PARK COMMISSION.
(a) Funding.--The Secretary of the Interior is authorized to
provide funding to the Palisades Interstate Park Commission to be used
for the acquisition of lands and interests in lands within the area
generally depicted on the map entitled ``Boundary Map, Sterling Forest
Reserve'', numbered SFR-60,001 and dated July 1, 1994. There are
authorized to be appropriated for purposes of this section not more
than $17,500,000. No funds made available under this section may be
used for the acquisition of any lands or interests in lands without the
consent of the owner thereof.
(b) Land Exchange.--The Secretary of the Interior is authorized to
exchange unreserved unappropriated Federal lands under the
administrative jurisdiction of the Secretary for the lands comprising
approximately 2,220 acres depicted on the map entitled ``Sterling
Forest, Proposed Sale of Sterling Forest Lands'' and dated July 25,
1996. The Secretary shall consult with the Governor of any State in
which such unreserved unappropriated lands are located prior to
carrying out such exchange. The lands acquired by the Secretary under
this section shall be transferred to the Palisades Interstate Park
Commission to be included within the Sterling Forest Reserve. The lands
exchanged under this section shall be of equal value, as determined by
the Secretary utilizing nationally recognized appraisal standards. The
authority to exchange lands under this section shall expire on the date
18 months after the date of enactment of this Act.
Subtitle C--Additional Provisions
SEC. 1021. RECREATION LAKES.
(a) Findings and Purposes.--The Congress finds that the Federal
Government, under the authority of the Reclamation Act and other
statutes, has developed manmade lakes and reservoirs that have become a
powerful magnet for diverse recreational activities and that such
activities contribute to the well-being of families and individuals and
the economic viability of local communities. The Congress further finds
that in order to further the purposes of the Land and Water
Conservation Fund, the President should appoint an advisory commission
to review the current and anticipated demand for recreational
opportunities at federally-managed manmade lakes and reservoirs through
creative partnerships involving Federal, State, and local governments
and the private sector and to develop alternatives for enhanced
recreational use of such facilities.
(b) Commission.--The Land and Water Conservation Fund Act of 1965
(Public Law 88-578, 78 Stat. 897) is amended by adding at the end the
following new section:
``Sec. 13. (a) The President shall appoint an advisory commission
to review the opportunities for enhanced opportunities for water-based
recreation which shall submit a report to the President and to the
Committee on Energy and Natural Resources of the Senate and to the
Committee on Transportation and Infrastructure and the Committee on
Resources of the House of Representatives within one year from the date
of enactment of this section.
``(b) The members of the Commission shall include--
``(1) the Secretary of the Interior, or his designee;
``(2) the Secretary of the Army, or his designee;
``(3) the Chairman of the Tennessee Valley Authority, or his
designee;
``(4) the Secretary of Agriculture, or his designee;
``(5) a person nominated by the National Governor's
Association; and
``(6) four persons familiar with the interests of the
recreation and tourism industry, conservation and recreation use,
Indian tribes, and local governments, at least one of whom shall be
familiar with the economics and financing of recreation related
infrastructure.
``(c) The President shall appoint one member to serve as Chairman.
Any vacancy on the Commission shall be filled in the same manner as the
original appointment. Members of the Commission shall serve without
compensation but shall be reimbursed for travel, subsistence, and other
necessary expenses incurred by them in the performance of their duties.
The Secretary of the Interior shall provide all financial,
administrative, and staffing requirements for the Commission, including
office space, furnishings, and equipment. The heads of other Federal
agencies are authorized, at the request of the Commission, to provide
such information or personnel, to the extent permitted by law and
within the limits of available funds, to the Commission as may be
useful to accomplish the purposes of this section.
``(d) The Commission may hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence as it
deems advisable: Provided, That, to the maximum extent possible, the
Commission shall use existing data and research. The Commission is
authorized to use the United States mail in the same manner and upon
the same conditions as other departments and agencies of the United
States.
``(e) The report shall review the extent of water related
recreation at Federal manmade lakes and reservoirs and shall develop
alternatives to enhance the opportunities for such use by the public.
In developing the report, the Commission shall--
``(1) review the extent to which recreation components
identified in specific authorizations associated with individual
Federal manmade lakes and reservoirs have been accomplished;
``(2) evaluate the feasibility of enhancing recreation
opportunities at federally-managed lakes and reservoirs under
existing statutes;
``(3) consider legislative changes that would enhance
recreation opportunities consistent with and subject to the
achievement of the authorized purposes of Federal water projects;
and
``(4) make recommendations on alternatives for enhanced
recreation opportunities including, but not limited to, the
establishment of a National Recreation Lake System under which
specific lakes would receive national designation and which would
be managed through innovative partnership-based agreements between
Federal agencies, State and local units of government, and the
private sector.
Any such alternatives shall be consistent with and subject to the
authorized purposes for any manmade lakes and reservoirs and shall
emphasize private sector initiatives in concert with State and local
units of government.''.
SEC. 1022. BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND FOSSIL FOREST
PROTECTION.
(a) Short Title.--This section may be cited as the ``Bisti/De-Na-
Zin Wilderness Expansion and Fossil Forest Protection Act''.
(b) Wilderness Designation.--Section 102 of the San Juan Basin
Wilderness Protection Act of 1984 (98 Stat. 3155) is amended--
(1) in subsection (a)--
(A) by striking ``wilderness, and, therefore,'' and all
that follows through ``System--'' and inserting ``wilderness
areas, and as one component of the National Wilderness
Preservation System, to be known as the `Bisti/De-Na-Zin
Wilderness'--'';
(B) in paragraph (1), by striking ``, and which shall be
known as the Bisti Wilderness; and'' and inserting a semicolon;
(C) in paragraph (2), by striking ``, and which shall be
known as the De-Na-Zin Wilderness.'' and inserting ``; and '';
and
(D) by adding at the end the following new paragraph:
``(3) certain lands in the Farmington District of the Bureau of
Land Management, New Mexico, which comprise approximately 16,525
acres, as generally depicted on a map entitled `Bisti/De-Na-Zin
Wilderness Amendment Proposal', dated May 1992.'';
(2) in the first sentence of subsection (c), by inserting after
``of this Act'' the following: ``with regard to the areas described
in paragraphs (1) and (2) of subsection (a), and as soon as
practicable after the date of enactment of subsection (a)(3) with
regard to the area described in subsection (a)(3)'';
(3) in subsection (d), by inserting after ``of this Act'' the
following: ``with regard to the areas described in paragraphs (1)
and (2) of subsection (a), and where established prior to the date
of enactment of subsection (a)(3) with regard to the area described
in subsection (a)(3)''; and
(4) by adding at the end the following new subsection:
``(e)(1) Subject to valid existing rights, the lands described in
subsection (a)(3) are withdrawn from all forms of appropriation under
the mining laws and from disposition under all laws pertaining to
mineral leasing, geothermal leasing, and mineral material sales.
``(2) The Secretary of the Interior may issue coal leases in New
Mexico in exchange for any preference right coal lease application
within the area described in subsection (a)(3). Such exchanges shall be
made in accordance with applicable existing laws and regulations
relating to coal leases after a determination has been made by the
Secretary that the applicant is entitled to a preference right lease
and that the exchange is in the public interest.
``(3) Operations on oil and gas leases issued prior to the date of
enactment of subsection (a)(3) shall be subject to the applicable
provisions of Group 3100 of title 43, Code of Federal Regulations
(including section 3162.5-1), and such other terms, stipulations, and
conditions as the Secretary of the Interior considers necessary to
avoid significant disturbance of the land surface or impairment of the
ecological, educational, scientific, recreational, scenic, and other
wilderness values of the lands described in subsection (a)(3) in
existence on the date of enactment of subsection (a)(3). In order to
satisfy valid existing rights on the lands described in subsection
(a)(3), the Secretary of the Interior may exchange any oil and gas
lease within this area for an unleased parcel outside this area of like
mineral estate and with similar appraised mineral values.''.
(c) Exchanges for State Lands.--Section 104 of the San Juan Basin
Wilderness Protection Act of 1984 (98 Stat. 3156) is amended--
(1) in the first sentence of subsection (b), by inserting after
``of this Act'' the following: ``with regard to the areas described
in paragraphs (1) and (2) of subsection (a), and not later than 120
days after the date of enactment of subsection (a)(3) with regard
to the area described in subsection (a)(3)'';
(2) in subsection (c), by inserting before the period the
following: ``with regard to the areas described in paragraphs (1)
and (2) of subsection (a), and as of the date of enactment of
subsection (a)(3) with regard to the area described in subsection
(a)(3)''; and
(3) in the last sentence of subsection (d), by inserting before
the period the following: ``with regard to the areas described in
paragraphs (1) and (2) of subsection (a), and not later than 2
years after the date of enactment of subsection (a)(3) with regard
to the area described in subsection (a)(3)''.
(d) Exchanges for Indian Lands.--Section 105 of the San Juan Basin
Wilderness Protection Act of 1984 (98 Stat. 3157) is amended by adding
at the end the following new subsection:
``(d)(1) The Secretary of the Interior shall exchange any lands
held in trust for the Navajo Tribe by the Bureau of Indian Affairs that
are within the boundary of the area described in subsection (a)(3).
``(2) The lands shall be exchanged for lands within New Mexico
approximately equal in value that are selected by the Navajo Tribe.
``(3) After the exchange, the lands selected by the Navajo Tribe
shall be held in trust by the Secretary of the Interior in the same
manner as the lands described in paragraph (1).''.
(e) Fossil Forest Research Natural Area.--Section 103 of the San
Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is amended
to read as follows:
``SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.
``(a) Establishment.--To conserve and protect natural values and to
provide scientific knowledge, education, and interpretation for the
benefit of future generations, there is established the Fossil Forest
Research Natural Area (referred to in this section as the `Area'),
consisting of the approximately 2,770 acres in the Farmington District
of the Bureau of Land Management, New Mexico, as generally depicted on
a map entitled `Fossil Forest', dated June 1983.
``(b) Map and Legal Description.--
``(1) In general.--As soon as practicable after the date of
enactment of this paragraph, the Secretary of the Interior shall
file a map and legal description of the Area with the Committee on
Energy and Natural Resources of the Senate and the Committee on
Natural Resources of the House of Representatives.
``(2) Force and effect.--The map and legal description
described in paragraph (1) shall have the same force and effect as
if included in this Act.
``(3) Technical corrections.--The Secretary of the Interior may
correct clerical, typographical, and cartographical errors in the
map and legal description subsequent to filing the map pursuant to
paragraph (1).
``(4) Public inspection.--The map and legal description shall
be on file and available for public inspection in the Office of the
Director of the Bureau of Land Management, Department of the
Interior.
``(c) Management.--
``(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall manage
the Area--
``(A) to protect the resources within the Area; and
``(B) in accordance with this Act, the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and other
applicable provisions of law.
``(2) Mining.--
``(A) Withdrawal.--Subject to valid existing rights, the
lands within the Area are withdrawn from all forms of
appropriation under the mining laws and from disposition under
all laws pertaining to mineral leasing, geothermal leasing, and
mineral material sales.
``(B) Coal preference rights.--The Secretary of the
Interior is authorized to issue coal leases in New Mexico in
exchange for any preference right coal lease application within
the Area. Such exchanges shall be made in accordance with
applicable existing laws and regulations relating to coal
leases after a determination has been made by the Secretary
that the applicant is entitled to a preference right lease and
that the exchange is in the public interest.
``(C) Oil and gas leases.--Operations on oil and gas leases
issued prior to the date of enactment of this paragraph shall
be subject to the applicable provisions of Group 3100 of title
43, Code of Federal Regulations (including section 3162.5-1),
and such other terms, stipulations, and conditions as the
Secretary of the Interior considers necessary to avoid
significant disturbance of the land surface or impairment of
the natural, educational, and scientific research values of the
Area in existence on the date of enactment of this paragraph.
``(3) Grazing.--Livestock grazing on lands within the Area may
not be permitted.
``(d) Inventory.--Not later than 3 full fiscal years after the date
of enactment of this subsection, the Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall develop a
baseline inventory of all categories of fossil resources within the
Area. After the inventory is developed, the Secretary shall conduct
monitoring surveys at intervals specified in the management plan
developed for the Area in accordance with subsection (e).
``(e) Management Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary of the Interior shall develop
and submit to the Committee on Energy and Natural Resources of the
Senate and the Committee on Natural Resources of the House of
Representatives a management plan that describes the appropriate
use of the Area consistent with this Act.
``(2) Contents.--The management plan shall include--
``(A) a plan for the implementation of a continuing
cooperative program with other agencies and groups for--
``(i) laboratory and field interpretation; and
``(ii) public education about the resources and values
of the Area (including vertebrate fossils);
``(B) provisions for vehicle management that are consistent
with the purpose of the Area and that provide for the use of
vehicles to the minimum extent necessary to accomplish an
individual scientific project;
``(C) procedures for the excavation and collection of
fossil remains, including botanical fossils, and the use of
motorized and mechanical equipment to the minimum extent
necessary to accomplish an individual scientific project; and
``(D) mitigation and reclamation standards for activities
that disturb the surface to the detriment of scenic and
environmental values.''.
SEC. 1023. OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA.
(a) Definitions.--In this section:
(1) Bull of the woods wilderness.--The term ``Bull of the Woods
Wilderness'' means the land designated as wilderness by section
3(4) of the Oregon Wilderness Act of 1984 (Public Law 98-328; 16
U.S.C. 1132 note).
(2) Opal creek wilderness.--The term ``Opal Creek Wilderness''
means certain land in the Willamette National Forest in the State
of Oregon comprising approximately 12,800 acres, as generally
depicted on the map entitled ``Proposed Opal Creek Wilderness and
Scenic Recreation Area'', dated July 1996.
(3) Scenic recreation area.--The term ``Scenic Recreation
Area'' means the Opal Creek Scenic Recreation Area, comprising
approximately 13,000 acres, as generally depicted on the map
entitled ``Proposed Opal Creek Wilderness and Scenic Recreation
Area'', dated July 1996 and established under subsection (c)(1)(C).
(4) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(b) Purposes.--The purposes of this section are--
(1) to establish a wilderness and scenic recreation area to
protect and provide for the enhancement of the natural, scenic,
recreational, historic and cultural resources of the area in the
vicinity of Opal Creek;
(2) to protect and support the economy of the communities of
the Santiam Canyon; and
(3) to provide increased protection for an important drinking
water source for communities served by the North Santiam River.
(c) Establishment of Opal Creek Wilderness and Scenic Recreation
Area.--
(1) Establishment.--On a determination by the Secretary under
paragraph (2)--
(A) the Opal Creek Wilderness, as depicted on the map
described in subsection (a)(2), is hereby designated as
wilderness, subject to the provisions of the Wilderness Act of
1964, shall become a component of the National Wilderness
System, and shall be known as the Opal Creek Wilderness;
(B) the part of the Bull of the Woods Wilderness that is
located in the Willamette National Forest shall be incorporated
into the Opal Creek Wilderness; and
(C) the Secretary shall establish the Opal Creek Scenic
Recreation Area in the Willamette National Forest in the State
of Oregon, comprising approximately 13,000 acres, as generally
depicted on the map described in subsection (a)(3).
(2) Conditions.--The designations in paragraph (1) shall not
take effect unless the Secretary makes a determination, not later
than 2 years after the date of enactment of this title, that the
following conditions have been met:
(A) the following have been donated to the United States in
an acceptable condition and without encumbrances:
(i) all right, title, and interest in the following
patented parcels of land--
(I) Santiam Number 1, mineral survey number 992, as
described in patent number 39-92-0002, dated December
11, 1991;
(II) Ruth Quartz Mine Number 2, mineral survey
number 994, as described in patent number 39-91-0012,
dated February 12, 1991;
(III) Morning Star Lode, mineral survey number 993,
as described in patent number 36-91-0011, dated
February 12, 1991;
(ii) all right, title, and interest held by any entity
other than the Times Mirror Land and Timber Company, its
successors and assigns, in and to lands located in section
18, township 8 south, range 5 east, Marion County, Oregon,
Eureka numbers 6, 7, 8, and 13 mining claims; and
(iii) an easement across the Hewitt, Starvation, and
Poor Boy Mill Sites, mineral survey number 990, as
described in patent number 36-91-0017, dated May 9, 1991.
In the sole discretion of the Secretary, such easement may
be limited to administrative use if an alternative access
route, adequate and appropriate for public use, is
provided.
(B) a binding agreement has been executed by the Secretary
and the owners of record as of March 29, 1996, of the following
interests, specifying the terms and conditions for the
disposition of such interests to the United States Government--
(i) The lode mining claims known as Princess Lode,
Black Prince Lode, and King Number 4 Lode, embracing
portions of sections 29 and 32, township 8 south, range 5
east, Willamette Meridian, Marion County, Oregon, the
claims being more particularly described in the field notes
and depicted on the plat of mineral survey number 887,
Oregon; and
(ii) Ruth Quartz Mine Number 1, mineral survey number
994, as described in patent number 39-91-0012, dated
February 12, 1991.
(3) Additions to the wilderness and scenic recreation areas.--
(A) Lands or interests in lands conveyed to the United
States under this subsection shall be included in and become
part of, as appropriate, Opal Creek Wilderness or the Opal
Creek Scenic Recreation Area.
(B) On acquiring all or substantially all of the land
located in section 36, township 8 south, range 4 east, of the
Willamette Meridian, Marion County, Oregon, commonly known as
the Rosboro section by exchange, purchase from a willing
seller, or by donation, the Secretary shall expand the boundary
of the Scenic Recreation Area to include such land.
(C) On acquiring all or substantially all of the land
located in section 18, township 8 south, range 5 east, Marion
County, Oregon, commonly known as the Time Mirror property, by
exchange, purchase from a willing seller, or by donation, such
land shall be included in and become a part of the Opal Creek
Wilderness.
(d) Administration of the Scenic Recreation Area.--
(1) In general.--The Secretary shall administer the Scenic
Recreation Area in accordance with this section and the laws
(including regulations) applicable to the National Forest System.
(2) Opal creek management plan.--
(A) In general.--Not later than 2 years after the date of
establishment of the Scenic Recreation Area, the Secretary, in
consultation with the advisory committee established under
subsection (e)(1), shall prepare a comprehensive Opal Creek
Management Plan (Management Plan) for the Scenic Recreation
Area.
(B) Incorporation in land and resource management.--Upon
its completion, the Opal Creek Management Plan shall become
part of the land and resource management plan for the
Willamette National Forest and supersede any conflicting
provision in such land and resource management plan. Nothing in
this paragraph shall be construed to supersede the requirements
of the Endangered Species Act or the National Forest Management
Act or regulations promulgated under those Acts, or any other
law.
(C) Requirements.--The Opal Creek Management Plan shall
provide for a broad range of land uses, including--
(i) recreation;
(ii) harvesting of nontraditional forest products, such
as gathering mushrooms and material to make baskets; and
(iii) educational and research opportunities.
(D) Plan amendments.--The Secretary may amend the Opal
Creek Management Plan as the Secretary may determine to be
necessary, consistent with the procedures and purposes of this
section.
(3) Cultural and historic resource inventory.--
(A) In general.--Not later than 1 year after the date of
establishment of the Scenic Recreation Area, the Secretary
shall review and revise the inventory of the cultural and
historic resources on the public land in the Scenic Recreation
Area developed pursuant to the Oregon Wilderness Act of 1984
(Public Law 98-328; 16 U.S.C. 1132).
(B) Interpretation.--Interpretive activities shall be
developed under the management plan in consultation with State
and local historic preservation organizations and shall include
a balanced and factual interpretation of the cultural,
ecological, and industrial history of forestry and mining in
the Scenic Recreation Area.
(4) Transportation planning.--
(A) In general.--Except as provided in this subparagraph,
motorized vehicles shall not be permitted in the Scenic
Recreation Area. To maintain reasonable motorized and other
access to recreation sites and facilities in existence on the
date of enactment of this title, the Secretary shall prepare a
transportation plan for the Scenic Recreation Area that--
(i) evaluates the road network within the Scenic
Recreation Area to determine which roads should be retained
and which roads should be closed;
(ii) provides guidelines for transportation and access
consistent with this section;
(iii) considers the access needs of persons with
disabilities in preparing the transportation plan for the
Scenic Recreation Area;
(iv) allows forest road 2209 beyond the gate to the
Scenic Recreation Area, as depicted on the map described in
subsection (a)(2), to be used by motorized vehicles only
for administrative purposes and for access by private
inholders, subject to such terms and conditions as the
Secretary may determine to be necessary; and
(v) restricts construction or improvement of forest
road 2209 beyond the gate to the Scenic Recreation Area to
maintaining the character of the road as it existed upon
the date of enactment of this Act, which shall not include
paving or widening.
In order to comply with subsection (f)(2), the Secretary may make
improvements to forest road 2209 and its bridge structures
consistent with the character of the road as it existed on the date
of enactment of this Act.
(5) Hunting and fishing.--
(A) In general.--Subject to applicable Federal and State
law, the Secretary shall permit hunting and fishing in the
Scenic Recreation Area.
(B) Limitation.--The Secretary may designate zones in
which, and establish periods when, no hunting or fishing shall
be permittedfor reasons of public safety, administration, or
public use and enjoyment of the Scenic Recreation Area.
(C) Consultation.--Except during an emergency, as
determined by the Secretary, the Secretary shall consult with
the Oregon State Department of Fish and Wildlife before issuing
any regulation under this subsection.
(6) Timber cutting.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall prohibit the cutting and/or selling of trees in the
Scenic Reservation Area.
(B) Permitted cutting.--
(i) In general.--Subject to clause (ii), the Secretary
may allow the cutting of trees in the Scenic Recreation
Area only--
(I) for public safety, such as to control the
continued spread of a forest fire in the Scenic
Recreation Area or on land adjacent to the Scenic
Recreation Area;
(II) for activities related to administration of
the Scenic Recreation Area, consistent with the Opal
Creek Management Plan; or
(III) for removal of hazard trees along trails and
roadways.
(ii) Salvage sales.--The Secretary may not allow a
salvage sale in the Scenic Recreation Area.
(7) Withdrawal.--
(A) subject to valid existing rights, all lands in the
Scenic Recreation Area are withdrawn from--
(i) any form of entry, appropriation, or disposal under
the public lands laws;
(ii) location, entry, and patent under the mining laws;
and
(iii) disposition under the mineral and geothermal
leasing laws.
(8) Bornite project.--
(A) Nothing in this section shall be construed to interfere
with or approve any exploration, mining, or mining-related
activity in the Bornite Project Area, depicted on the map
described in subsection (a)(3), conducted in accordance with
applicable laws.
(B) Nothing in this section shall be construed to interfere
with the ability of the Secretary to approve and issue, or
deny, special use permits in connection with exploration,
mining, and mining-related activities in the Bornite Project
Area.
(C) Motorized vehicles, roads, structures, and utilities
(including but not limited to power lines and water lines) may
be allowed inside the Scenic Recreation Area to serve the
activities conducted on land within the Bornite Project.
(D) After the date of enactment of this Act, no patent
shall be issued for any mining claim under the general mining
laws located within the Bornite Project Area.
(9) Water impoundments.--Notwithstanding the Federal Power Act
(16 U.S.C. 791a et seq.), the Federal Energy Regulatory Commission
may not license the construction of any dam, water conduit,
reservoir, powerhouse, transmission line, or other project work in
the Scenic Recreation Area, except as may be necessary to comply
with the provisions of paragraph (8) with regard to the Bornite
Project.
(10) Recreations.--
(A) Recognition.--Congress recognizes recreation as an
appropriate use of the Scenic Recreation Area.
(B) Minimum levels.--The management plan shall permit
recreation activities at not less than the levels in existence
on the date of enactment of this Act.
(C) Higher levels.--The management plan may provide for
levels of recreation use higher than the levels in existence on
the date of enactment of this Act if such uses are consistent
with the protection of the resource values of the Scenic
Recreation Area.
(D) The management plan may include public trail access
through section 28, township 8 south, range 5 east, Willamette
Meridian, to Battle Ax Creek, Opal Pool and other areas in the
Opal Creek Wilderness and the Opal Creek Scenic Recreation
Area.
(11) Participation.--So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively to
the most sensitive present and future use of the Scenic Recreation
Area and its various subareas for the benefit of the public:
(A) Advisory council.--The Secretary shall consult on a
periodic and regular basis with the advisory council
established under subsection (e) with respect to matters
relating to management of the Scenic Recreation Area.
(B) Public participation.--The Secretary shall seek the
views of private groups, individuals, and the public concerning
the Scenic Recreation Area.
(C) Other Agencies.--The Secretary shall seek the views and
assistance of, and cooperate with, any other Federal, State, or
local agency with any responsibility for the zoning, planning,
or natural resources of the Scenic Recreation Area.
(D) Nonprofit agencies and organizations.--The Secretary
shall seek the views of any nonprofit agency or organization
that may contribute information or expertise about the
resources and the management of the Scenic Recreation Area.
(e) Advisory Council.--
(1) Establishment.--Not later than 90 days after the
establishment of the Scenic Recreation Area, the Secretary shall
establish an advisory council for the Scenic Recreation Area.
(2) Membership.--The advisory council shall consist of not more
than 13 members, of whom--
(A) 1 member shall represent Marion County, Oregon, and
shall be designated by the governing body of the county;
(B) 1 member shall represent the State of Oregon and shall
be designated by the Governor of Oregon;
(C) 1 member shall represent the City of Salem, and shall
be designated by the mayor of Salem, Oregon;
(D) 1 member from a city within a 25-mile radius of the
Opal Creek Scenic Recreation Area, to be designated by the
Governor of the State of Oregon from a list of candidates
provided by the mayors of the cities located within a 25-mile
radius of the Opal Creek Scenic Recreation Area; and
(E) not more than 9 members shall be appointed by the
Secretary from among persons who, individually or through
association with a national or local organization, have an
interest in the administration of the Scenic Recreation Area,
including, but not limited to, representatives of the timber
industry, environmental organizations, the mining industry,
inholders in the Opal Creek Wilderness and Scenic Recreation
Area, economic development interests and Indian tribes.
(3) Staggered terms.--Members of the advisory council shall
serve for staggered terms of 3 years.
(4) Chairman.--The Secretary shall designate 1 member of the
advisory council as chairman.
(5) Vacancies.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original appointment.
(6) Compensation.--Members of the advisory council shall
receive no compensation for their service on the advisory council.
(f) General Provisions.--
(1) Land acquisition.--
(A) In general.--Subject to the other provisions of this
section, the Secretary may acquire any lands or interests in
land in the Scenic Recreation Area or the Opal Creek Wilderness
that the Secretary determines are needed to carry out this
section.
(B) Public land.--Any lands or interests in land owned by a
State or a political subdivision of a State may be acquired
only by donation or exchange.
(C) Condemnation.--Within the boundaries of the Opal Creek
Wilderness or the Scenic Recreation Area, the Secretary may not
acquire any privately owned land or interest in land without
the consent of the owner unless the Secretary finds that--
(i) the nature of land use has changed significantly,
or the landowner has demonstrated intent to change the land
use significantly, from the use that existed on the date of
the enactment of this Act; and
(ii) acquisition by the Secretary of the land or
interest in land is essential to ensure use of the land or
interest in land in accordance with the purposes of this
title or the management plan prepared under subsection
(d)(2).
(D) Nothing in this section shall be construed to enhance
or diminish the condemnation authority available to the
Secretary outside the boundaries of the Opal Creek Wilderness
or the Scenic Recreation Area.
(2) Environmental response actions and cost recovery.--
(A) Response actions.--Nothing in this section shall limit
the authority of the Secretary or a responsible party to
conduct an environmental response action in the Scenic
Recreation Area in connection with the release, threatened
release, or cleanup of a hazardous substance, pollutant, or
contaminant, including a response action conducted under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Liability.--Nothing in this section shall limit the
authority of the Secretary or a responsible party to recover
costs related to the release, threatened release, or cleanup of
any hazardous substance or pollutant or contaminant in the
Scenic Recreation Area.
(3) Maps and description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
boundary description for the Opal Creek Wilderness and for the
Scenic Recreation Area with the Committee on Resources of the
House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(B) Force and effect.--The boundary description and map
shall have the same force and effect as if the description and
map were included in this section, except that the Secretary
may correct clerical and typographical errors in the boundary
description and map.
(C) Availability.--The map and boundary description shall
be on file and available for public inspection in the Office of
the Chief of the Forest Service, Department of Agriculture.
(4) Savings provision.--Nothing in this section shall interfere
with activity for which a special use permit has been issued, has
not been revoked, and has not expired, before the date of enactment
of this Act, subject to the terms of the permit.
(g) Rosboro Land Exchange.--
(1) Authorization.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this subsection as
``Rosboro'') offers and conveys marketable title to the United
States to the land described in paragraph (2), the Secretary of
Agriculture shall convey all right, title and interest held by the
United States to sufficient lands described in paragraph (3) to
Rosboro, in the order in which they appear in this subsection, as
necessary to satisfy the equal value requirements of paragraph (4).
(2) Land to be offered by rosboro.--The land referred to in
paragraph (1) as the land to be offered by Rosboro shall comprise
Section 36, Township 8 South, Range 4 East, Willamette Meridian.
(3) Land to be conveyed by the united states.--The land
referred to in paragraph (1) as the land to be conveyed by the
United States shall comprise sufficient land from the following
prioritized list to be equal value under paragraph (4):
(A) Section 5, Township 17 South, Range 4 East, Lot 7
(37.63 acres);
(B) Section 2, Township 17 South, Range 4 East, Lot 3
(29.28 acres);
(C) Section 13, Township 17 South, Range 4 East, S\1/
2\SE\1/4\ (80 acres);
(D) Section 2, Township 17 South, Range 4 East, SW\1/
4\SW\1/4\ (40 acres);
(E) Section 2, Township 17 South, Range 4 East, NW\1/
4\SE\1/4\ (40 acres);
(F) Section 8, Township 17 South, Range 4 East, SE\1/
4\SW\1/4\ (40 acres);
(G) Section 11, Township 17 South, Range 4 East, W\1/
2\NW\1/4\ (80 acres);
(4) Equal value.--The land and interests in land exchanged
under this subsection shall be of equal market value as determined
by nationally recognized appraisal standards, including, to the
extent appropriate, the Uniform Standards for Federal Land
Acquisition, the Uniform Standards of Professional Appraisal
Practice, or shall be equalized by way of payment of cash pursuant
to the provisions of section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)), and other applicable
law. The appraisal shall consider access costs for the parcels
involved.
(5) Timetable.--
(A) The exchange directed by this subsection shall be
consummated not later than 120 days after the date Rosboro
offers and conveys the property described in paragraph (2) to
the United States.
(B) The authority provided by this subsection shall lapse
of Rosboro fails to offer the land described in paragraph (2)
within 2 years after the date of enactment of this Act.
(6) Challenge.--Rosboro shall have the right to challenge in
the United States District Court for the District of Oregon a
determination of marketability under paragraph (1) and a
determination of value for the lands described in paragraphs (2)
and (3) by the Secretary of Agriculture. The court shall have the
authority to order the Secretary to complete the transaction
contemplated in this subsection.
(7) Authorization of appropriations.--There are authorized to
be appropriated such sums as are necessary to carry out this
subsection.
(h) Designation of Elkhorn Creek as a Wild and Scenic River.--
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by adding at the end the following:
``( )(A) Elkhorn Creek.--The 6.4-mile segment traversing federally
administered lands from that point along the Willamette National Forest
boundary on the common section line between Sections 12 and 13,
Township 9 South, Range 4 East, Willamette Meridian, to that point
where the segment leaves Federal ownership along the Bureau of Land
Management boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
``(i) a 5.8-mile wild river area, extending from that point
along the Willamette National Forest boundary on the common section
line between Sections 12 and 13, Township 9 South, Range 4 East,
Willamette Meridian, to its confluence with Buck Creek in Section
1, Township 9 South, Range 3 East, Willamette Meridian, to be
administered as agreed on by the Secretaries of Agriculture and the
Interior, or as directed by the President; and
``(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9 South, Range 3
East, Willamette Meridian, to that point where the segment leaves
Federal ownership along the Bureau of Land Management boundary in
Section 1, Township 9 South, Range 3 East, Willamette Meridian, to
be administered by the Secretary of Interior, or as directed by the
President.
``(B) Notwithstanding section 3(b) of this Act, the lateral
boundaries of both the wild river area and the scenic river area along
Elkhorn Creek shall include an average of not more than 640 acres per
mile measured from the ordinary high water mark on both sides of the
river.''.
(i) Economic Development.--
(1) Economic development plan.--As a condition for receiving
funding under paragraph (2), the State of Oregon, in consultation
with Marion County, Oregon, and the Secretary of Agriculture, shall
develop a plan for economic development projects for which grants
under this subsection may be used in a manner consistent with this
section and to benefit local communities in the vicinity of the
Opal Creek area. Such plan shall be based on an economic
opportunity study and other appropriate information.
(2) Funds provided to the states for grants.--Upon completion
of the Opal Creek Management Plan, and receipt of the plan referred
to in paragraph (1), the Secretary shall provide, subject to
appropriations, $15,000,000 to the State of Oregon. Such funds
shall be used to make grants or loans for economic development
projects that further the purposes of this section and benefit the
local communities in the vicinity of the Opal Creek area.
(3) Report.--The State of Oregon shall--
(A) prepare and provide the Secretary and Congress with an
annual report on the use of the funds made available under this
subsection;
(B) make available to the Secretary and to Congress, upon
request, all accounts, financial records, and other information
related to grants and loans made available pursuant to this
subsection; and
(C) as loans are repaid, make additional grants and loans
with the money made available for obligation by such
repayments.
SEC. 1024. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term ``Ecosystem
Restoration Office'' means the Klamath Basin Ecosystem Restoration
Office operated cooperatively by the United States Fish and
Wildlife Service, Bureau of Reclamation, Bureau of Land Management,
and Forest Service.
(2) Working group.--The term ``Working Group'' means the Upper
Klamath Basin Working Group, established before the date of
enactment of this title, consisting of members nominated by their
represented groups, including--
(A) three tribal members;
(B) one representative of the City of Klamath Falls,
Oregon;
(C) one representative of Klamath County, Oregon;
(D) one representative of institutions of higher education
in the Upper Klamath Basin;
(E) four representatives of the environmental community,
including at least one such representative from the State of
California with interests in the Klamath Basin National
Wildlife Refuge Complex;
(F) four representatives of local businesses and
industries, including at least one representative of the forest
products industry and one representative of the ocean
commercial fishing industry and/or the recreational fishing
industry based in either Oregon or California;
(G) four representatives of the ranching and farming
community, including representatives of Federal lease-land
farmers and ranchers and of private land farmers and ranchers
in the Upper Klamath Basin;
(H) two representatives from State of Oregon agencies with
authority and responsibility in the Klamath River Basin,
including one from the Oregon Department of Fish and Wildlife
and one from the Oregon Water Resources Department;
(I) four representatives from the local community;
(J) one representative each from the following Federal
resource management agencies in the Upper Klamath Basin: Fish
and Wildlife Service, Bureau of Reclamation, Bureau of Land
Management, Bureau of Indian Affairs, Forest Service, Natural
Resources Conservation Service, National Marine Fisheries
Service and Ecosystem Restoration Office; and
(K) one representative of the Klamath County Soil and Water
Conservation District.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(4) Task force.--The term ``Task Force'' means the Klamath
River Basin Fisheries Task Force as established by the Klamath
River Basin Fishery Resource Restoration Act (Public Law 99-552, 16
U.S.C. 460ss-3 et seq.).
(5) Compact commission.--The term ``Compact Commission'' means
the Klamath River BasinCompact Commission created pursuant to the
Klamath River Compact Act of 1954.
(6) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and consisting of at
least a quorum at a regularly scheduled business meeting.
(7) Quorum.--The term ``quorum'' means one more than half of
those qualified Working Group members appointed and eligible to
serve.
(8) Trinity task force.--The term ``Trinity Task Force'' means
the Trinity River Restoration Task Force created by Public Law 98-
541, as amended by Public Law 104-143.
(b) In General.--
(1) The Working Group through the Ecosystem Restoration Office,
with technical assistance from the Secretary, will propose
ecological restoration projects, economic development and stability
projects, and projects designed to reduce the impacts of drought
conditions to be undertaken in the Upper Klamath Basin based on a
consensus of the Working Group membership.
(2) The Secretary shall pay, to the greatest extent feasible,
up to 50 percent of the cost of performing any project approved by
the Secretary or his designee, up to a total amount of $1,000,000
during each of fiscal years 1997 through 2001.
(3) Funds made available under this title through the
Department of the Interior or the Department of Agriculture shall
be distributed through the Ecosystem Restoration Office.
(4) The Ecosystem Restoration Office may utilize not more than
15 percent of all Federal funds administered under this section for
administrative costs relating to the implementation of this
section.
(5) All funding recommendations developed by the Working Group
shall be based on a consensus of Working Group members.
(c) Coordination.--(1) The Secretary shall formulate a cooperative
agreement among the working group, the Task Force, the Trinity Task
Force and the Compact Commission for the purposes of ensuring that
projects proposed and funded through the Working Group are consistent
with other basin-wide fish and wildlife restoration and conservation
plans, including but not limited to plans developed by the Task Force
and the Compact Commission.
(2) To the greatest extent practicable, the Working Group shall
provide notice to, and accept input from, two members each of the Task
Force, the Trinity Task Force, and the Compact Commission, so appointed
by those entities, for the express purpose of facilitating better
communication and coordination regarding additional basin-wide fish and
wildlife and ecosystem restoration and planning efforts. The roles and
relationships of the entities involved shall be clarified in the
cooperative agreement.
(d) Public Meetings.--The Working Group shall conduct all meetings
subject to Federal open meeting and public participation laws. The
chartering requirements of the Federal Advisory Committee Act (5 U.S.C.
App.) are hereby deemed to have been met by this section.
(e) Terms and Vacancies.--Working Group Members shall serve for
three-year terms, beginning on the date of enactment of this title.
Vacancies which occur for any reason after the date of enactment of
this title shall be filled by direct appointment of the Governor of the
State of Oregon, in consultation with the Secretary of the Interior and
the Secretary of Agriculture, in accordance with nominations from the
appropriate groups, interests, and government agencies outlined in
subsection (a)(2).
(f) Rights, Duties and Authorities Unaffected.--The Working Group
will supplement, rather than replace, existing efforts to manage the
natural resources of the Klamath Basin. Nothing in this section
affectsany legal right, duty or authority of any person or agency,
including any member of the Working Group.
(g) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $1,000,000 for each of fiscal
years 1997 through 2002.
SEC. 1025. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.
(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means the
Deschutes River Basin Working Group established before the date of
enactment of this title, consisting of members nominated by their
represented groups, including--
(A) five representatives of private interests including one
each from hydroelectric production, livestock grazing, timber,
land development, and recreation/tourism;
(B) four representatives of private interests including two
each from irrigated agriculture and the environmental
community;
(C) two representatives from the Confederated Tribes of the
Warm Springs Reservation of Oregon;
(D) two representatives from Federal agencies with
authority and responsibility in the Deschutes River Basin,
including one from the Department of the Interior and one from
the Agriculture Department;
(E) two representatives from the State of Oregon agencies
with authority and responsibility in the Deschutes River Basin,
including one from the Oregon Department of Fish and Wildlife
and one from the Oregon Water Resources Department; and
(F) four representatives from county or city governments
within the Deschutes River Basin county and/or city
governments.
(2) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
(3) Federal agencies.--The term ``Federal agencies'' means
agencies and departments of the United States, including, but not
limited to, the Bureau of Reclamation, Bureau of Indian Affairs,
Bureau of Land Management, Fish and Wildlife Service, Forest
Service, Natural Resources Conservation Service, Farm Services
Agency, the National Marine Fisheries Service, and the Bonneville
Power Administration.
(4) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and constituting at
least a quorum at a regularly scheduled business meeting.
(5) Quorum.--The term ``quorum'' means one more than half of
those qualified Working Group members appointed and eligible to
serve.
(b) In General.--
(1) The Working Group will propose ecological restoration
projects on both Federal and non-Federal lands and waters to be
undertaken in the Deschutes River Basin based on a consensus of the
Working Group, provided that such projects, when involving Federal
land or funds, shall be proposed to the Bureau of Reclamation in
the Department of the Interior and any other Federal agency with
affected land or funds.
(2) The Working Group will accept donations, grants or other
funds and place such funds received into a trust fund, to be
expended on ecological restoration projects which, when involving
Federal land or funds, are approved by the affected Federal agency.
(3) The Bureau of Reclamation shall pay from funds authorized
under subsection (h) of this title up to 50 percent of the cost of
performing any project proposed by the Working Group and approved
by the Secretary, up to a total amount of $1,000,000 during each of
the fiscal years 1997 through 2001.
(4) Non-Federal contributions to project costs for purposes of
computing the Federal matching share under paragraph (3) of this
subsection may include in-kind contributions.
(5) Funds authorized in subsection (h) of this section shall be
maintained in and distributed by the Bureau of Reclamation in the
Department of the Interior. The Bureau of Reclamation shall not
expend more than 5 percent of amounts appropriated pursuant to
subsection (h) for Federal administration of such appropriations
pursuant to this section.
(6) The Bureau of Reclamation is authorized to provide by grant
to the Working Group not more than 5 percent of funds appropriated
pursuant to subsection (h) of this title for not more than 50
percent of administration costs relating to the implementation of
this section.
(7) The Federal agencies with authority and responsibility in
the Deschutes River Basin shall provide technical assistance to the
Working Group and shall designate representatives to serve as
members of the Working Group.
(8) All funding recommendations developed by the Working Group
shall be based on a consensus of the Working Group members.
(c) Public Notice and Participation.--The Working Group shall
conduct all meetings subject to applicable open meeting and public
participation laws. The activities of the Working Group and the Federal
agencies pursuant to the provisions of this title are exempt from the
provisions of title 5, United States Code, Appendix 2, sections 1-15.
(d) Priorities.--The Working Group shall give priority to voluntary
market-based economic incentives for ecosystem restoration including,
but not limited to, water leases and purchases; land leases and
purchases; tradable discharge permits; and acquisition of timber,
grazing, and land development rights to implement plans, programs,
measures, and projects.
(e) Terms and Vacancies.--Members of the Working Group representing
governmental agencies or entities shall be named by the represented
government. Members of the Working Group representing private interests
shall be named in accordance with the articles of incorporation and
bylaws of the Working Group. Representatives from Federal agencies will
serve for terms of 3 years. Vacancies which occur for any reason after
the date of enactment of this title shall be filled in accordance with
this title.
(f) Additional Projects.--Where existing authority and
appropriations permit, Federal agencies may contribute to the
implementation of projects recommended by the Working Group and
approved by the Secretary.
(g) Rights, Duties and Authorities Unaffected.--The Working Group
will supplement, rather than replace, existing efforts to manage the
natural resources of the Deschutes Basin. Nothing in this title affects
any legal right, duty or authority of any person or agency, including
any member of the Working Group.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this title $1,000,000 for each of fiscal
years 1997 through 2001.
SEC. 1026. BULL RUN PROTECTION.--
(a) Amendments to Public Law 95-200.--
(1) The first sentence of section 2(a) of the Public Law 95-200
is amended by striking ``2(b)'' and inserting in lieu thereof
``2(c)''.
(2) The first sentence of section 2(b) of Public Law 95-200 is
amended after ``the policy set forth in subsection (a)'' by
inserting ``and (b)''.
(3) Subsections (b), (c), (d), and (e) of section 2 of Public
Law 95-200 are redesignated as subsections (c), (d), (e), and (f),
respectively.
(4) Section 2 of Public Law 95-200 is amended by inserting
after subsection (a) the following new subsection:
``(b) Timber Cutting.--
``(1) In general.--Subject to paragraph (2), the Secretary of
Agriculture shall prohibit the cutting of trees in that part of the
unit consisting of the hydrographic boundary of the Bull Run River
Drainage, including certain lands within the unit and located below
the headworks of the city of Portland, Oregon's water storage and
delivery project, and as depicted in a map dated July 22, 1996, and
entitled `Bull Run River Drainage'.
``(2) Permitted cutting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Agriculture shall prohibit the cutting of trees in
the area described in subparagraph (1).
``(B) Permitted cutting.--Subject to subparagraph (C), the
Secretary may only allow the cutting of trees in the area
described in subparagraph (1)--
``(i) for the protection or enhancement of water
quality in the area described in subparagraph (1); or
``(ii) for the protection, enhancement, or maintenance
of water quantity available from the area described in
subparagraph (1); or
``(iii) for the construction, expansion, protection or
maintenance of municipal water supply facilities; or
``(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects
associated with municipal water supply facilities.
``(C) Salvage sales.--The Secretary of Agriculture may not
authorize a salvage sale in the area described in subparagraph
(1).''.
(b) Report to Congress.--The Secretary of Agriculture shall, in
consultation with the city of Portland and other affected parties
undertake a study of that part of the Little Sandy Watershed that is
within the unit (hereinafter referred to as the ``study area''). The
study shall determine--
(1) the impact of management activities within the study area
on the quality of drinking water provided to the Portland
Metropolitan area;
(2) the identity and location of certain ecological features
within the study area, including late successional forest
characteristics, aquatic and terrestrial wildlife habitat,
significant hydrological values, or other outstanding natural
features; and
(3) the location and extent of any significant cultural or
other values within the study area.
(c) Recommendations.--The study referred to in subsection (b) shall
include both legislative and regulatory recommendations to Congress on
the future management of the study area. In formulating such
recommendations, the Secretary shall consult with the City of Portland
and other affected parties.
(d) Existing Data and Processes.--To the greatest extent possible,
the Secretary shall use exiting data and processes to carry out the
study and report.
(e) Submission to Congress.--The study referred to in subsection
(b) shall be submitted to the Senate Committees on Energy and Natural
Resources and Agriculture and the House Committees on Resources and
Agriculture not later than one year from the date of enactment of this
section.
(f) Moratorium.--The Secretary is prohibited from advertising,
offering or awarding any timber sale within the study area for a period
of two years after the date of enactment of this section.
(g) Water Rights.--Nothing in this section shall in any way affect
any State or Federal law governing appropriation, use of or Federal
right to water on or flowing through National Forest System lands.
Nothing in this section is intended to influence the relative strength
of competing claims to the waters of the Little Sandy River. Nothing in
this section shall be construed to expand or diminish Federal, State,
or local jurisdiction, responsibility, interests, or rights in water
resources development or control, including rights in and current uses
of water resources in the unit.
(h) Other Lands in Unit.--Lands within the Bull Run Management
Unit, as defined in Public Law 95-200, but not contained within the
Bull Run River Drainage, as described in the amendment made by
subsection (a)(4) of this section and as depicted on the map dated July
22, 1996, and entitled ``Bull Run River Drainage'', shall continue to
be managed in accordance with Public Law 95-200.
SEC. 1027. OREGON ISLANDS WILDERNESS, ADDITIONS.
(a) Designation.--In furtherance of the purposes of the Wilderness
Act of 1964, certain lands within the boundaries of the Oregon Islands
National Wildlife Refuge, Oregon, comprising approximately 95 acres and
as generally depicted on a map entitled ``Oregon Island Wilderness
Additions--Proposed'' dated August 1996, are hereby designated as
wilderness. The map shall be on file and available for public
inspection in the offices of the Fish and Wildlife Service, Department
of Interior.
(b) Other Areas Within Refuge Boundaries.--All other federally-
owned named, unnamed, surveyed and unsurveyed rocks, reefs, islets and
islands lying within three geographic miles off the coast of Oregon and
above mean high tide, not currently designated as wilderness and also
within the Oregon Islands National Wildlife Refuge boundaries under the
administration of the United States Fish and Wildlife Service,
Department of Interior, as designated by Executive Order 7035,
Proclamation 2416, Public Land Orders 4395, 4475 and 6287, and Public
Laws 91-504 and 95-450, are hereby designated as wilderness.
(c) Areas Under BLM Jurisdiction.--All federally-owned named,
unnamed, surveyed and unsurveyed rocks, reefs, islets and islands lying
within three geographic miles off the coast of Oregon and above mean
high tide, and presently under the jurisdiction of the Bureau of Land
Management, except Chiefs Islands, are hereby designated as wilderness,
shall become part of the Oregon Islands National Wildlife Refuge and
the Oregon Islands Wilderness and shall be under the jurisdiction of
the United States Fish and Wildlife Service, Department of the
Interior.
(d) Map and Description.--As soon as practicable after this Act
takes effect, a map of the wilderness area and a description of its
boundaries shall be filed with the Senate Committee on Energy and
Natural Resources and the House Committee on Resources, and such map
shall have the same force and effect as if included in this section:
Provided however, That correcting clerical and typographical errors in
the map and land descriptions may be made.
(e) Order 6287.--Public Land Order 6287 of June 16, 1982, which
withdrew certain rocks, reefs, islets, and islands lying within three
geographical miles off the coast of Oregon and above mean high tide,
including the 95 acres described in subsection (a), as an addition to
the Oregon Islands National Wildlife Refuge is hereby made permanent.
SEC. 1028. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND DIRECTION.
(a) In General.--The Secretaries of the Interior and Agriculture
(Secretaries) are hereby authorized and directed to consult, coordinate
and cooperate with the Umpqua Land Exchange Project (ULEP), affected
units and agencies of State and local government, and, as appropriate,
the World Forestry Center and National Fish and Wildlife Foundation, to
assist ULEP's ongoing efforts in studying and analyzing land exchange
opportunities in the Umpqua River basin and to provide scientific,
technical, research, mapping and other assistance and information to
such entities. Such consultation, coordination and cooperation shall at
a minimum include, but not be limited to--
(1) working with ULEP to develop or assemble comprehensive
scientific and other information (including comprehensive and
integrated mapping) concerning the Umpqua River basin's resources
of forest, plants, wildlife, fisheries (anadromous and other),
recreational opportunities, wetlands, riparian habitat and other
physical or natural resources;
(2) working with ULEP to identify general or specific areas
within the basin where land exchanges could promote consolidation
of forestland ownership for long-term, sustained timber production;
protection and restoration of habitat for plants, fish and wildlife
(including any federally listed threatened or endangered species);
protection of drinking water supplies; recovery of threatened and
endangered species; protection and restoration of wetlands,
riparian lands and other environmentally sensitive areas;
consolidation of land ownership for improved public access and a
broad array of recreational uses; and consolidation of land
ownership to achieve management efficiency and reduced costs of
administration; and
(3) developing a joint report for submission to the Congress
which discusses land exchange opportunities in the basin and
outlines either a specific land exchange proposal or proposals
which may merit consideration by the Secretaries or the Congress,
or ideas and recommendations for new authorizations, direction, or
changes in existing law or policy to expedite and facilitate the
consummation of beneficial land exchanges in the basin via
administrative means.
(b) Matters for Specific Study.--In analyzing land exchange
opportunities with ULEP, the Secretaries shall give priority to
assisting ULEP's ongoing efforts in:
(1) studying, identifying, and mapping areas where the
consolidation of land ownership via landexchanges could promote the
goals of long term species and watershed protection and utilization,
including but not limited to the goals of the Endangered Species Act of
1973 more effectively than current land ownership patterns and whether
any changes in law or policy applicable to such lands after
consummation of an exchange would be advisable or necessary to achieve
such goals;
(2) studying, identifying and mapping areas where land
exchanges might be utilized to better satisfy the goals of
sustainable timber harvest, including studying whether changes in
existing law or policy applicable to such lands after consummation
of an exchange would be advisable or necessary to achieve such
goals;
(3) identifying issues and studying options and alternatives,
including possible changes in existing law or policy, to ensure
that combined post-exchange revenues to units of local government
from State and local property, severance and other taxes or levies
and shared Federal land receipts will approximate pre-exchange
revenues;
(4) identifying issues and studying whether possible changes in
law, special appraisal instruction, or changes in certain Federal
appraisal procedures might be advisable or necessary to facilitate
the appraisal of potential exchange lands which may have special
characteristics or restrictions affecting land values;
(5) identifying issues and studying options and alternatives,
including changes in existing laws or policy, for achieving land
exchanges without reducing the net supply of timber available to
small businesses;
(6) identifying, mapping, and recommending potential changes in
land use plans, land classifications, or other actions which might
be advisable or necessary to expedite, facilitate or consummate
land exchanges in certain areas;
(7) analyzing potential sources for new or enhanced Federal,
State, or other funding to promote improved resource protection,
species recovery, and management in the basin; and
(8) identifying and analyzing whether increased efficiency and
better land and resource management could occur through either
consolidation of Federal forest management under one agency or
exchange of lands between the Forest Service and Bureau of Land
Management.
(c) Report to Congress.--No later than February 1, 1998, ULEP and
the Secretaries shall submit a joint report to the Committee on
Resources of the United States House of Representatives and to the
Committee on Energy and Natural Resources of the United States Senate
concerning their studies, findings, recommendations, mapping and other
activities conducted pursuant to this section.
(d) Authorization of Appropriations.--In furtherance of the
purposes of this section, there is hereby authorized to be appropriated
the sum of $2,000,000, to remain available until expended.
SEC. 1029. BOSTON HARBOR ISLANDS RECREATION AREA.
(a) Purposes.--The purposes of this section are--
(1) to preserve for public use and enjoyment the lands and
waters that comprise the Boston Harbor Islands National Recreation
Area;
(2) to manage the recreation area in partnership with the
private sector, the Commonwealth of Massachusetts, municipalities
surrounding Massachusetts and Cape Cod Bays, the Thompson Island
Outward Bound Education Center, and Trustees of Reservations, and
with historical, business, cultural, civic, recreational and
tourism organizations;
(3) to improve access to the Boston Harbor Islands through the
use of public water transportation; and
(4) to provide education and visitor information programs to
increase public understanding of and appreciation for the natural
and cultural resources of the Boston Harbor Islands, including the
history of Native American use and involvement.
(b) Definitions.--For the purposes of this section--
(1) the term recreation area means the Boston Harbor Islands
National Recreation Area established by subsection (c); and
(2) the term ``Secretary'' means the Secretary of the Interior.
(c) Boston Harbor Islands National Recreation Area.--
(1) Establishment.--In order to preserve for the benefit and
inspiration of the people of the United States as a national
recreation area certain lands located in Massachusetts Bay, there
is established as a unit of the National Park System the Boston
Harbor Islands National Recreation Area.
(2) Boundaries.--(A) The recreation area shall be comprised of
the lands, waters, and submerged lands generally depicted on the
map entitled ``Proposed Boston Harbor Islands NRA'', numbered BOHA
80,002, and dated September 1996. Such map shall be on file and
available for public inspection in the appropriate offices of the
National Park Service. After advising the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate, in writing, the Secretary may make
minor revisions of the boundaries of the recreation area when
necessary by publication of a revised drawing or other boundary
description in the Federal Register.
(B) The recreation area shall include the following:
(i) The areas depicted on the map reference in subparagraph
(A).
(ii) Landside points required for access, visitor services,
and administration in the city of Boston along its Harborwalk
and at Long Wharf, Fan Pier, John F. Kennedy Library, and the
Custom House; Charlestown Navy Yard; Old Northern Avenue
Bridge; the city of Quincy at Squantum Point/Marina Bay, the
Fore River Shipyard, and Town River; the Town of Hingham at
Hewitt's Cove; the Town of Hull; the city of Salem at Salem
National Historic Site; and the city of Lynn at the Heritage
State Park.
(d) Administration of Recreation Area.--
(1) In general.--The recreation area shall be administered in
partnership by the Secretary, the Commonwealth of Massachusetts,
City of Boston and its applicable subdivisions and others in
accordance with the provisions of law generally applicable to units
of the National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'',
approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4),
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467) as
amended and supplemented and in accordance with the integrated
management plan specified in subsection (f).
(2) State and local jurisdiction.--Nothing in this section
shall be construed to diminish, enlarge, or modify any right of the
Commonwealth of Massachusetts or any political subdivision thereof,
to exercise civil and criminal jurisdiction or to carry out State
laws, rules, and regulations within the recreation area, including
those relating to fish and wildlife, or to tax persons,
corporations, franchises, or private property on the lands and
waters included in the recreation area.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with the Commonwealth of
Massachusetts or its political subdivisions to acquire from and
provide to the Commonwealth or its political subdivisions goods and
services to be used in the cooperative management of lands within
the recreation area, if the Secretary determines that
appropriations for that purpose are available and the agreement is
in the best interest of the United States.
(4) Construction of facilities on non-federal lands.--In order
to facilitate the administration of the recreation area, the
Secretary is authorized, subject to the appropriation of necessary
funds in advance, to construct essential administrative or visitor
use facilities on non-Federal public lands within the recreation
area. Such facilities and the use thereof shall be in conformance
with applicable plans
(5) Other property, funds, and services.--The Secretary may
accept and use donated funds, property, and services to carry out
this section.
(6) Relationship of recreation area to boston-logan
international airport.--With respect to the recreation area, the
present and future maintenance, operation, improvement and use of
Boston-Logan International Airport and associated flight patterns
from time to time in effect shall not be deemed to constitute the
use of publicly owned land of a public park, recreation area, or
other resource within the meaning of section 303(c) of title 49,
United States Code, and shall not be deemed to have a significant
effect on natural, scenic, and recreation assets within the meaning
of section 47101(h)(2) of title 49, United States Code.
(7) Management in accordance with integrated management plan.--
The Secretary shall preserve, interpret, manage, and provide
educational and recreational uses for the recreation area, in
consultation with the owners and managers of lands in the
recreation area, in accordance with the integrated management plan.
(e) Boston Harbor Islands Partnership Establishment.--
(1) Establishment.--There is hereby established the Boston
Harbor Islands Partnership whose purpose shall be to coordinate the
activities of Federal, State, and local authorities and the private
sector in the development and implementation of an integrated
resource management plan for the recreation area.
(2) Membership.--The Partnership shall be composed of 13
members, as follows:
(A) One individual, appointed by the Secretary, to
represent the National Park Service.
(B) One individual, appointed by the Secretary of
Transportation, to represent the United States Coast Guard.
(C) Two individuals, appointed by the Secretary, after
consideration of recommendations by the Governor of
Massachusetts, to represent the Department of Environmental
Management and the Metropolitan District Commission.
(D) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Massachusetts Port Authority.
(E) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Massachusetts Water Resources Authority.
(F) One individual, appointed by the Secretary, after
consideration of recommendations by the Mayor of Boston, to
represent the Office of Environmental Services of the City of
Boston.
(G) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent the
Boston Redevelopment Authority.
(H) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the
Thompson Island Outward Bound Education Center, to represent
the Center.
(I) One individual, appointed by the Secretary, after
consideration of recommendations of the Chair, to represent the
Trustees of Reservations.
(J) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the Island
Alliance, to represent the Alliance, a nonprofit organization
whose sole purpose is to provide financial support for the
Boston Harbor Islands National Recreation Area.
(K) Two individuals, appointed by the Secretary, to
represent the Boston Harbor Islands Advisory Council,
established in subsection (g).
(3) Terms of office; reappointment.--(A) Members of the
Partnership shall serve for terms of three years. Any member may be
reappointed for one additional 3-year term.
(B) The Secretary shall appoint the first members of the
Partnership within 30 days after the date on which the Secretary
has received all of the recommendations for appointment pursuant to
subsections (b) (3), (4), (5), (6), (7), (8), (9), and (10).
(C) A member may serve after the expiration of his or her term
until a successor has been appointed.
(4) Compensation.--Members of the Partnership shall serve
without pay, but while away from their homes or regular places of
business in the performance of services for the Partnership,
members shall be allowed travel expenses, including per diem in
lieu of subsistence, in the same manner as persons employed
intermittently in the Government service are allowed expenses under
section 5703 of title 5, United States Code.
(5) Election of officers.--The Partnership shall elect one of
its members as Chairperson and one as Vice Chairperson. The term of
office of the Chairperson and Vice Chairperson shall be one year.
The Vice Chairperson shall serve as chairperson in the absence of
the Chairperson.
(6) Vacancy.--Any vacancy on the Partnership shall be filled in
the same manner in which the original appointment was made.
(7) Meetings.--The Partnership shall meet at the call of the
Chairperson or a majority of its members.
(8) Quorum.--A majority of the Partnership shall constitute a
quorum.
(9) Staff of the partnership.--The Secretary shall provide the
Partnership with such staff and technical assistance as the
Secretary, after consultation with the Partnership, considers
appropriate to enable the Partnership to carry out its duties. The
Secretary may accept the services of personnel detailed from the
Commonwealth of Massachusetts, any political subdivision of the
Commonwealth or any entity represented on the Partnership.
(10) Hearings.--The Partnership may hold such hearings, sit and
act at such times and places, take such testimony, and receive such
evidence as the Partnership may deem appropriate.
(11) Donations.--Nothwithstanding any other provision of law,
the Partnership may seek and accept donations of funds, property,
or services from individuals, foundations, corporations, and other
private and public entities for the purpose of carrying out this
section.
(12) Use of funds to obtain money.--The Partnership may use its
funds to obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money.
(13) Mails.--The Partnership may use the United States mails in
the same manner and upon the same conditions as other departments
and agencies of the United States.
(14) Obtaining property.--The Partnership may obtain by
purchase, rental, donation, or otherwise, such property,
facilities, and services as may be needed to carry out its duties,
except that the Partnership may not acquire any real property or
interest in real property.
(15) Cooperative agreements.--For purposes of carrying out the
plan described in subsection (f), the Partnership may enter into
cooperative agreements with the Commonwealth of Massachusetts, any
political subdivision thereof, or with any organization or person.
(f) Integrated Resource Management Plan.--
(1) In general.--Within three years after the date of enactment
of this Act, the Partnership shall submit to the Secretary a
management plan for the recreation area to be developed and
implemented by the Partnership.
(2) Contents of plan.--The plan shall include (but not be
limited to) each of the following:
(A) A program providing for coordinated administration of
the recreation area with proposed assignment of
responsibilities to the appropriate governmental unit at the
Federal, State, and local levels, and nonprofit organizations,
including each of the following:
(i) A plan to finance and support the public
improvements and services recommended in the plan,
including allocation of non-Federal matching requirements
set forth in subsection (h)(2) and a delineation of profit
sector roles and responsibilities.
(ii) A program for the coordination and consolidation,
to the extent feasible, of activities that may be carried
out by Federal, State, and local agencies having
jurisdiction over land and waters within the recreation
area, including planning and regulatory responsibilities.
(B) Policies and programs for the following purposes:
(i) Enhancing public outdoor recreational opportunities
in the recreation area.
(ii) Conserving, protecting, and maintaining the
scenic, historical, cultural, natural and scientific values
of the islands.
(iii) Developing educational opportunities in the
recreation area.
(iv) Enhancing public access to the Islands, including
development of transportation networks.
(v) Identifying potential sources of revenue from
programs or activities carried out within the recreation
area.
(vi) Protecting and preserving Native American burial
grounds connected with the King Philip's War internment
period and other periods.
(C) A policy statement that recognizes existing economic
activities within the recreation area.
(3) Development of plan.--In developing the plan, the
Partnership shall--
(A) consult on a regular basis with appropriate officials
of any local government or Federal or State agency which has
jurisdiction over lands and waters within the recreation area;
(B) consult with interested conservation, business,
professional, and citizen organizations; and
(C) conduct public hearings or meetings for the purposes of
providing interested persons with the opportunity to testify
with respect to matters to be addressed by the plan.
(4) Approval of plan.--(A) The Partnership shall submit the
plan to the Governor of Massachusetts for review. The Governor
shall have 90 days to review and make any recommendations. After
considering the Governor's recommendations, the Partnership shall
submit the plan to the Secretary, who shall approve or disapprove
the plan within 90 days. In reviewing the plan the Secretary shall
consider each of the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation from State and local
officials.
(iii) The adequacy of regulatory and financial tools that
are in place to implement the plan.
(B) If the Secretary disapproves the plan, the Secretary shall
within 60 days after the date of such disapproval, advise the
Partnership in writing of the reasons therefore, together with
recommendations for revision. Within 90 days of receipt of such
notice of disapproval, the Partnership shall revise and resubmit
the plan to the Secretary who shall approve or disapprove the
revision within 60 days.
(5) Interim program.--Prior to adoption of the Partnership's
plan, the Secretary and the Partnership shall assist the owners and
managers of lands and waters within the recreation area to ensure
that existing programs, services, and activities that promote the
purposes of this section are supported.
(g) Boston Harbor Islands Advisory Council.--
(1) Establishment.--The Secretary, acting through the Director
of the National Park Service, shall establish an advisory committee
to be known as the Boston Harbor Islands Advisory Council. The
purpose of the Advisory Council shall be to represent various
groups with interests in the recreation area and make
recommendations to the Boston Harbor Islands Partnership on issues
related to the development and implementation of the integrated
resource management plan developed under subsection (f). The
Advisory Council is encouraged to establish committees relating to
specific recreation area management issues, including (but not
limited to) education, tourism, transportation, natural resources,
cultural and historic resources, and revenue raising activities.
Participation on any such committee shall not be limited to members
of the Advisory Council.
(2) Membership.--The Advisory Council shall consist of not
fewer than 18 individuals, to be appointed by the Secretary, acting
through the Director of the National Park Service. The Secretary
shall appoint no fewer than three individuals to represent each of
the following categories of entities: municipalities; educational
and cultural institutions; environmental organizations; business
and commercial entities, including those related to transportation,
tourism and the maritime industry; and Boston Harbor-related
advocacy organizations; and organizations representing Native
American interests.
(3) Procedures.--Each meeting of the Advisory Council and its
committees shall be open to the public.
(4) FACA.--The provisions of section 14 of the Federal Advisory
Committee Act (5 U.S.C. App.), are hereby waived with respect to
the Advisory Council.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated such
sums as may be necessary to carry out this section, provided that
no funds may be appropriated for land acquisition.
(2) Matching requirement.--Amounts appropriated in any fiscal
year to carry out this section may only be expended on a matching
basis in a ration of at least three non-Federal dollars to every
Federal dollar. The non-Federal share of the match may be in the
form of cash, services, or in-kind contributions, fairly valued.
SEC. 1030. NATCHEZ NATIONAL HISTORICAL PARK.
Section 3 of the Act of October 8, 1988, entitled ``An Act to
create a national park at Natchez, Mississippi'' (16 U.S.C. 410oo et
seq.), is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 3.''; and
(2) by adding at the end the following:
``(b) Building for Joint Use by the Secretary and the City of
Natchez.--
``(1) Contribution toward construction.--The Secretary may
enter into an agreement with the City of Natchez under which the
Secretary agrees to pay not to exceed $3,000,000 toward the
planning and construction by the City of Natchez of a structure to
be partially used by the Secretary as an administrative
headquarters, administrative site, and visitors' center for Natchez
National Historical Park.
``(2) Use for satisfaction of matching requirements.--The
amount of payment under paragraph (1) may be available for matching
Federal grants authorized under other law notwithstanding any
limitations in any such law.
``(3) Agreement.--Prior to the execution of an agreement under
paragraph (1), and subject to the appropriation of necessary funds
in advance, the Secretary may enter into a contract, lease,
cooperative agreement, or other appropriate form of agreement with
the City of Natchez providing for the use and occupancy of a
portion of the structure constructed under paragraph (1) (including
appropriate use of the land on which it is situated), at no cost to
the Secretary (except maintenance, utility, and other operational
costs), for a period of 50 years, with an option for renewal by the
Secretary for an additional 50 years.
``(4) Authorization of appropriations.--There is authorized to
be appropriated $3,000,000 to carry out this subsection.''.
SEC. 1031. SUBSTITUTION OF TIMBER FOR CANCELED TIMBER SALE.
(a) In General.--Notwithstanding the provisions of the Act of July
31, 1947 (30 U.S.C. 601 et seq.), and the requirements of section
5402.0-6 of title 43, Code of Federal Regulations, the Secretary of the
Interior, acting through the Bureau of Land Management, is authorized
to substitute, without competition, a contract for timber identified
for harvest located on public lands administered by the Bureau of Land
Management in the State of California of comparable value for the
following terminated timber contract: Elkhorn Ridge Timber Sale,
Contract No. CA-050-TS-88-01.
(b) Disclaimer.--Nothing in this section shall be construed as
changing any law or policy of the Federal Government beyond the timber
sale substitution specified in this section.
SEC. 1032. RURAL ELECTRIC AND TELEPHONE FACILITIES.
(a) In General.--Section 504(g) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1764(g)) is amended by striking
``financed pursuant to the Rural Electrification Act of 1936, as
amended,'' in the last sentence and inserting ``eligible for financing
pursuant to the Rural Electrification Act of 1936, as amended,
determined without regard to any application requirement under that
Act,''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to rights-of-way leases held on or after the date of
enactment of this Act.
SEC. 1033. FEDERAL BOROUGH RECOGNITION.
(a) Section 6901(2) of title 31, United States Code, is amended to
read as follows:
``(2)(A) `unit of general local government' means--
``(i) a county (or parish), township, borough, or city
where the city is independent of any other unit of general
local government, that--
``(I) is within the class or classes of such political
subdivision in a State that the Secretary of the Interior,
in his discretion, determines to be the principal provider
or providers of governmental services within the State; and
``(II) is a unit of general government, as determined
by the Secretary of the Interior on the basis of the same
principles as were used by the Secretary of Commerce on
January 1, 1983, for general statistical purposes;
``(ii) any area in Alaska that is within the boundaries of
a census area used by the Secretary of Commerce in the
decennial census, but that is not included within the boundary
of a governmental entity described under clause (i);
``(iii) the District of Columbia;
``(iv) the Commonwealth of Puerto Rico;
``(v) Guam; and
``(vi) the Virgin Islands.
``(B) the term `governmental services' includes, but is not
limited to, those services that relate to public safety, the
environment, housing, social services, transportation, and
governmental administration.''.
(b) Payment in Lieu of Taxes.--Section 6902(a) of title 31, United
States Code, is amended to read as follows:
``(a)(1) Except as provided in paragraph (2), the Secretary of the
Interior shall make a payment for each fiscal year to each unit of
general local government in which entitlement land is located as set
forth in this chapter. A unit of general local government may use the
payment for any governmental purpose.
``(2) For each unit of general local government described in
section 6901(2)(A)(ii), the Secretary of the Interior shall make a
payment for each fiscal year to the State of Alaska for entitlement
land located within such unit as set forth in this chapter. The State
of Alaska shall distribute such payment to home rule cities and general
law cities (as such cities are defined by the State) located within the
boundaries of the unit of general local government for which the
payment was received. Such cities may use monies received under this
paragraph for any governmental purpose.''.
SEC. 1034. EXTENSION OF STATUTE OF LIMITATIONS.
Notwithstanding any other provision of law, any of the Alaska
Native Village Corporations of Tyonek Native Corporation, Ninilchik
Native Association, Inc., Knikatnu Inc., Seldovia Native Association,
Inc., Chikaloon Moose Creek Native Association, Inc., and the Alaska
Native Regional Corporation, Cook Inlet Region, Inc. may commence
litigation at any time within 12 months of enactment of this Act in
Federal District Court for Alaska to challenge any determination by the
Department of the Interior that such native corporations will not
receive conveyance of lands described in ``Appendix C'' of the
Deficiency Agreement dated August 31, 1976.
SEC. 1035. REGULATIONS OF FISHING IN CERTAIN WATERS OF ALASKA.
(a) In General.--Local residents who are descendants of Katmai
residents who lived in the Naknek Lake and River Drainage shall be
permitted, subject to reasonable regulations established by the
Secretary of the Interior, to continue their traditional fishery for
red fish within Katmai National Park (the national park and national
preserve redesignated, established, and expanded under section 202(2)
of the Alaska National Interest Lands Conservation Act (16 U.S.C.
410hh-1)).
(b) Red Fish Defined.--For the purposes of subsection (a), the term
``red fish'' means spawned-out sockeye salmon that has no significant
commercial value.
(c) Title.--No provision of this section shall be construed to
invalidate or validate or in any other way affect any claim by the
State of Alaska to title to any or all submerged lands, nor shall any
actions taken pursuant to or in accordance with this Act operate under
any provision or principle of the law to bar the State of Alaska
fromasserting at any time its claim of title to any or all of the
submerged lands.
(d) Jurisdiction.--Nothing in this section nor in any actions taken
pursuant to this section shall be construed as expanding or diminishing
Federal or State jurisdiction, responsibility, interests, or rights in
management, regulation, or control over waters of the State of Alaska
or submerged lands under any provision of Federal or State law.
SEC. 1036. CREDIT FOR RECONVEYANCE.
Within 24 months after the date of the enactment of this Act, the
Cape Fox Corporation may transfer all or part of its right, title, and
interest in and to the approximately 320-acre parcel that includes
Beaver Falls Hydroelectric power-house site to the United States as
part of an equal value exchange.
SEC. 1037. RADIO SITE REPORT.
The Secretary of Agriculture (1) shall have a period of 180 days
from the date of enactment of this Act to review management of
Inspiration Point, San Bernadino National Forest, make determination
whether the continued presence of the KATY-FM antenna on the site is in
the public interest, and report the determination with the reasons
therefor to the Committee on Energy and Natural Resources, United
States Senate, and the Committee on Resources, House of
Representatives, and (2) shall take no action within such period which
causes or results in, directly or indirectly, the removal of the
antenna from the site.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT
SEC. 1101. PROGRAM FUNDING.
(a) Authorization of Appropriations.--For each of the fiscal years
1998, 1999, and 2000, there are authorized to be appropriated an
additional $143,300,000 for both--
(1) the initial Federal share of the cost of developing and
implementing that portion of an ecosystem protection plan for the
Bay-Delta, referred to as ``the Category III program'' emanating
out of the document entitled ``Principles for Agreement on Bay-
Delta Standards between the State of California and the Federal
Government'', dated December 15, 1994, and
(2) the initial Federal share of the cost of developing and
implementing the ecosystem restoration elements of the long-term
CALFED Bay-Delta Program, pursuant to the cost sharing agreement
required by section 78684.10 of California Senate Bill 900, Chapter
135, Statutes of 1996, signed by the Governor of California on July
11, 1996.
Funds appropriated pursuant to this section shall remain available
until expended and shall be administered in accordance with procedures
established by CALFED Bay-Delta Program until Congress authorizes
another entity that is recommended by CALFED Bay-Delta Program to carry
out this section.
(b) Treatment of Funds.--Funds authorized to be appropriated
pursuant to this section to those agencies that are currently or
subsequently become participants in the CALFED Bay-Delta Program shall
be in addition to the baseline funding levels established pursuant to
subsection (e), for currently authorized projects and programs under
the Central Valley Project Improvement Act (title XXXIV of Public Law
102-575) and other currently authorized Federal programs for the
purpose of Bay-Delta ecosystem protection and restoration.
(c) Long-Term Solution.--Nothing in this section shall be deemed to
diminish the Federal interest in and responsibility for working with
the State of California through the CALFED Bay-Delta Program in
developing, funding, and implementing a balanced, long-term solution to
the problems of ecosystem quality, water quality, water supply and
reliability, and system vulnerability affecting the San Francisco Bay/
Sacramento-San Joaquin Delta Watershed in California. Participation in
such long-term solution shall only be undertaken pursuant to
authorization provided by law other than this section, and shall be
based on the equitable allocation of program costs among beneficiary
groups that the CALFED Bay-Delta programs shall develop.
(d) Activities.--To the extent not otherwise authorized, those
agencies and departments that are currently or subsequently become
participants in the CALFED Bay-Delta Program are hereby authorized to
undertake the activities and programs for which Federal cost sharing is
provided by this section. The United States shall immediately initiate
coordinated consultations and negotiations with the State of California
to expeditiously execute the cost-sharing agreement required by section
78684.10 of California Senate Bill 900, Chapter 135, Statutes of 1996,
signed by the Governor of California on July 11, 1996. Such activities
shall include, but not be limited to, planning, design, technical
assistance, and construction for ecosystem restoration programs and
projects.
(e) Budget Crosscut.--The Office of Management and Budget is
directed to submit to the House and Senate Committees on
Appropriations, as part of the President's Fiscal Year 1998 Budget, an
interagency budget crosscut that displays Federal spending for fiscal
years 1993 through 1998 on ecosystem restoration and other purposes in
the Bay-Delta region, separately showing funding provided previously or
requested under both pre-existing authorities and new authorities
granted by this section.
(f) Effective Date.--Subsections (a) through (d) of this section
shall take effect on the date of passage of California State
Proposition 204.
DIVISION II
TITLE I--NATIONAL COAL HERITAGE AREA
SEC. 101. SHORT TITLE.
This title may be cited as the ``National Coal Heritage Area Act of
1996''.
SEC. 102. FINDINGS.
(a) Findings.--The Congress finds as follows:
(1) Certain events that led to the development of southern West
Virginia's coalfields during the latter part of the 19th Century
and the early part of the current century are of national historic
and cultural significance in terms of their contribution to the
industrialization of the United States, the organization of workers
into trade unions, and the unique culture of the Appalachian
Region.
(2) It is in the national interest to preserve and protect
physical remnants of this era for the education and benefit of
present and future generations.
(3) There is a need to provide assistance for the preservation
and promotion of those vestiges of southern West Virginia's coal
heritage which have outstanding cultural, historic, and
architectural value.
SEC. 103. ESTABLISHMENT.
(a) In General.--For the purpose of preserving and interpreting for
the educational and inspirational benefit of present and future
generations certain lands and structures with unique and significant
historic and cultural value associated with the coal mining heritage of
the State of West Virginia and the Nation, there is hereby established
the National Coal Heritage Area (hereafter in this title referred to as
the ``Area'').
(b) Boundaries.--The Area shall be comprised of the counties in the
State of West Virginia 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.
(c) Administration.--The Area shall be administered in accordance
with this title.
SEC. 104. CONTRACTUAL AGREEMENT.
The Secretary of the Interior (hereafter in this title referred to
as the ``Secretary'') is authorized to enter into a contractual
agreement with the Governor of the State of West Virginia, acting
through the Division of Culture and History and the Division of Tourism
and Parks, pursuant to which the Secretary shall assist the State of
West Virginia, its units of local government, and nonprofit
organizations in each of the following:
(1) The development and implementation of integrated cultural,
historical, and land resource management policies and programs in
order to retain, enhance, and interpret the significant values of
the lands, water, and structures of the Area.
(2) The preservation, restoration, maintenance, operation,
interpretation, and promotion of buildings, structures, facilities,
sites, and points of interest for public use that possess cultural,
historical, and architectural values associated with the coal
mining heritage of the Area.
(3) The coordination of activities by Federal, State, and local
governments and private businesses and organizations in order to
further historic preservation and compatible economic
revitalization.
(4) The development of guidelines and standards for projects,
consistent with standards established by the National Park Service,
for the preservation and restoration of historic properties,
including interpretative methods, that will further history
preservation in the region.
SEC. 105. ELIGIBLE RESOURCES.
The resources eligible for the assistance under paragraphs (2) and
(5) of section 104 shall include those 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 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.
SEC. 106. COAL HERITAGE MANAGEMENT PLAN.
(a) In General.--Pursuant to the contractual agreement referred to
in section 104, within three years after the date of enactment of this
title, the Governor of the State of West Virginia, acting through the
Division of Culture and History and the Division of Tourism and Parks,
shall submit to the Secretary a Coal Heritage Management Plan for the
Area. The plan shall at a minimum--
(1) set forth the integrated cultural, historical, and land
resource management policies and programs referred to in section
104;
(2) describe the guidelines and standards for projects referred
to in section 104; and
(3) set forth the responsibilities of the State of West
Virginia, units of local government, nonprofit entities, or
Secretary to administer any properties acquired pursuant to section
104.
(b) Plan Approval.--The Secretary shall approve the plan submitted
under subsection (a) unless he determines that it would meet the
objectives of this title.
SEC. 107. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
(a) In General--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Area under this title.
(b) 50 Percent Match.--Federal funding provided under this title
may not exceed 50 percent of the total cost of any assistance or grant
provided or authorized under this title.
TITLE II--TENNESSEE CIVIL WAR HERITAGE AREA
SEC. 201. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) there are situated in the State of Tennessee the sites of
several key Civil War battles, campaigns, and engagements;
(2) certain sites, battlefields, structures, and areas in
Tennessee are collectively of national significance in the history
of the Civil War;
(3) the Civil War Sites Advisory Commission, established by
Congress in 1991, identified 38 sites in Tennessee as significant;
(4) the preservation and interpretation of these sites will
make an important contribution to the understanding of the heritage
of the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation among local property owners and
Federal, State, and local government entities; and
(6) partnerships between Federal, State, and local governments
and their regional entities, and the private sector, offer the most
effective opportunities for the enhancement and management of the
Civil War battlefields and related sites located in Tennessee.
(b) Purposes.--The purposes of this title are--
(1) to preserve, conserve, and interpret the legacy of the
Civil War in Tennessee;
(2) to recognize and interpret important events and geographic
locations representing key Civil War battles, campaigns, and
engagements in Tennessee;
(3) to recognize and interpret the effect of the Civil War on
the civilian population of Tennessee during the war and postwar
reconstruction period; and
(4) to create partnerships among Federal, State, and local
governments and their regional entities, and the private sector to
preserve, conserve, enhance, and interpret the battlefields and
associated sites associated with the Civil War in Tennessee.
SEC. 202. DEFINITIONS.
For purposes of this title:
(1) The term ``national heritage area'' means the Tennessee
Civil War Heritage Area as designated pursuant to section 203.
(2) The term ``Secretary'' means the Secretary of the Interior.
(3) The term ``compact'' means the compact approved under
section 204.
(4) The term ``management plan'' means the management plan
submitted under section 205.
SEC. 203. TENNESSEE CIVIL WAR HERITAGE AREA.
(a) Designation.--Upon publication by the Secretary in the Federal
Register of notice that a compact regarding the Tennessee Civil War
Heritage Area has been approved by the Secretary in accordance with
this title, there is hereby designated the Tennessee Civil War Heritage
Area.
(b) Boundaries.--The Tennessee Civil War Heritage Area shall be
comprised of areas of the State of Tennessee depicted on the map
entitled ``Tennessee Civil War Heritage Area''. The map shall be on
file and available for public inspection in the office of the Director
of the National Park Service.
(c) Administration.--The national heritage area shall be
administrated in accordance with the compact and the management plan.
SEC. 204. COMPACT.
(a) Compact.--The compact referred to in section 203(a) shall
include information relating to the objectives and management of the
area proposed for designation as the national heritage area. Such
information shall include (but not be limited to) each of the
following:
(1) A delineation of the boundaries of the proposed national
heritage area.
(2) A discussion of the goals and objectives of the proposed
national heritage area, including an explanation of the approach
proposed by the partners referred to in paragraph (4), to
conservation and interpretation of resources.
(3) An identification and description of the management entity
that will administer the proposed national heritage area.
(4) A list of the initial partners to be involved in developing
and implementing the management plan for the proposed national
heritage area, and a statement of the financial commitment of the
partners.
(5) A description of the role of the State of Tennessee.
(b) Preparation of and Actions Called for in Compact.--The compact
shall be prepared with public participation. Actions called for in the
compact shall be likely to be initiated within a reasonable time after
designation of the proposed national heritage area and shall ensure
effective implementation of the State and local aspects of the compact.
(c) Approval and Disapproval of Compacts.--
(1) In general.--The Secretary, in consultation with the
Governor of Tennessee, shall approve or disapprove the proposed
compact not later than 90 days after receiving such compact.
(2) Procedures if disapproved.--If the Secretary disapproves a
proposed compact, the Secretary shall advise, in writing, of the
reasons for the disapproval and shall make recommendations for
revisions of the proposed compact. The Secretary shall approve or
disapprove a proposed revision to such a compact within 90 days
after the date on which the revision is submitted to the Secretary.
SEC. 205. MANAGEMENT.
(a) Management Plans.--A management plan submitted under this title
for the national heritage area shall present comprehensive
recommendations for the conservation, funding, management, and
development of the area. The management plan shall--
(1) be prepared with public participation;
(2) take into consideration existing Federal, State, county,
and local plans and involve residents, public agencies, and private
organizations in the area;
(3) include a description of actions that units of government
and private organizations are recommended to take to protect the
resources of the area;
(4) specify existing and potential sources of funding for the
conservation, management, and development of the area; and
(5) include the following, as appropriate:
(A) An inventory of the resources contained in the national
heritage area, including a list of property in the area that
should be conserved, restored, managed, developed, or
maintained because of the natural, cultural, or historic
significance of the property as it relates to the themes of the
area.
(B) A recommendation of policies for resource management
that consider and detail the application of appropriate land
and water management techniques, including (but not limited to)
the development of intergovernmental cooperative agreements to
manage the historical, cultural, and natural resources and the
recreational opportunities of the area in a manner consistent
with the support of appropriate and compatible economic
viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan by the
management entity specified in the compact for the area and
specific commitments, for the first 5 years of operation of the
plan, by the partners identified in the compact.
(D) An analysis of means by which Federal, State, and local
programs may best be coordinated to promote the purposes of
this title.
(E) An interpretive plan for the national heritage area.
(b) Management Entities.--The management entity for the national
heritage area shall do each of the following:
(1) Develop and submit to the Secretary a management plan not
later than three years after the date of the designation of the
area as a national heritage area.
(2) Give priority to the implementation of actions, goals, and
policies set forth in the compact and management plan for the area,
including--
(A) assisting units of government, regional planning
organizations, and nonprofit organizations--
(i) in conserving the national heritage area;
(ii) in establishing and maintaining interpretive
exhibits in the area;
(iii) in developing recreational opportunities in the
area;
(iv) in increasing public awareness of and appreciation
for the natural, historical, and cultural resources of the
area;
(v) in the restoration of historic buildings that are
located within the boundaries of the area and relate to the
themes of the area; and
(vi) in ensuring that clear, consistent, and
environmentally appropriate signs identifying access points
and sites of interest are put in place throughout the area;
and
(B) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(3) In developing and implementing the management plan for the
area, consider the interests of diverse units of government,
businesses, private property owners, and nonprofit groups within
the geographic area.
(4) Conduct public meetings at least quarterly regarding the
implementation of the management plan for the area.
(c) Clearing House.--The Congress recognizes the Center for
Historic Preservation at Middle Tennessee State University as the
clearing house for the Tennessee Civil War Heritage Area.
SEC. 206. DUTIES AND AUTHORITIES OF SECRETARY.
The Secretary--
(1) may provide technical assistance and grants to units of
government and private nonprofit organizations regarding the
compact and, upon request of the management entity for the national
heritage area, regarding the management plan and its
implementation;
(2) may not, as a condition of the award of technical
assistance or grants under this section, require any recipient of
such technical assistance or grants to enact or modify land use
restrictions; and
(3) may not make limitations on fishing, hunting, or trapping a
condition for the approval of the compact or the determination of
eligibility for technical assistance or grants under this section.
SEC. 207. SAVINGS PROVISIONS.
(a) Lack of Effect on Authority of Governments.--Nothing in this
title shall be construed to modify, enlarge, or diminish any authority
of the Federal, State, or local governments to regulate any use of land
as provide for by law or regulation.
(b) Lack of Zoning or Land Use Powers of Entity.--Nothing in this
title shall be construed to grant powers of zoning or land use to any
management entity for the national heritage area.
(c) Fish and Wildlife.--The designation of the national heritage
area shall not diminish the authority of the State of Tennessee to
manage fish and wildlife, including the regulation of fishing and
hunting within such area.
SEC. 208. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 209. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the national heritage area
under this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the national heritage area, may not exceed 50
percent of the total cost of any assistance or grant provided or
authorized under this title.
TITLE III--AUGUSTA CANAL NATIONAL HERITAGE AREA
SEC. 301. FINDINGS.
The Congress finds that--
(1) the Augusta Canal National Landmark in the State of
Georgia, listed on the National Historic Register of Historic
Places, and designated by the Governor of Georgia as one of four
regionally important resources in the State, is one of the last
unspoiled areas in the State of Georgia;
(2) the Augusta Canal National Historic Landmark possesses
excellent water quality, beautiful rural and historic cultural
landscapes, architecturally significant mill structures and mill
villages, and large acreages of parks and permanent open space;
(3) three national historic districts, the Harrisburg, Laney
Walker, and Greene Street districts, and two national historic
landmarks, Stallings Island, located in the Savannah River, and
Meadow Garden, are connected by the Augusta Canal Area;
(4) the beautiful rural landscapes and historic cultural
landscapes, scenic vistas and excellent water quality of the
Augusta Canal contain significant undeveloped recreational
opportunities for people throughout the United States;
(5) the Augusta Canal and related mill sites, structures, and
associated neighborhoods are representatives of the development of
the cotton textile industry and associated agriculture and trade in
the South;
(6) the transformation of the agrarian economy of the area into
an early industrial economy was precipitated by the development and
use of the Augusta Canal;
(7) several significant sites associated with the American
Revolution, the Civil War, Native Americans, Colonial Americans,
African Americans, Chinese Americans, and Irish Americans are
located within the Augusta Canal area;
(8) despite the efforts by the State of Georgia, political
subdivisions of the State, volunteer organizations, and private
businesses, the cultural, historical, natural, and recreational
resources of the area have not realized full potential and may be
lost without assistance from the Federal Government;
(9) the Secretary of the Interior considers this landmark to be
threatened and has designated it a priority for protection;
(10) many local, regional, and State agencies, businesses, and
private citizens have expressed an overwhelming desire to combine
forces to work cooperatively to preserve and enhance the resources
of the Augusta Canal National Historic Landmark and better plan for
its future; and
(11) the Augusta Canal Authority, a public body established
under the law of the State of Georgia, would be an appropriate
management entity for a National Heritage Area established in the
area of the Augusta Canal.
SEC. 302. PURPOSE.
It is the purpose of this title to provide a cooperative management
framework to assist the State of Georgia, its units of local
government, and area citizens in retaining, enhancing, and interpreting
the significant features of the lands, water, and structures of the
Augusta Canal, in a manner that is consistent with positive economic
impact and development for the benefit and inspiration of present and
future generations in the State of Georgia and the United States.
SEC. 303. DESIGNATION OF AUGUSTA CANAL NATIONAL HERITAGE AREA.
(a) Designation.--There is hereby designated in the State of
Georgia the Augusta Canal National Heritage Area (referred to in this
title as the ``Heritage Area'').
(b) Boundaries.--
(1) In general.--The Heritage Area shall include the land
generally depicted on the map entitled ``The Augusta Canal'',
numbered AUCA-80,000, and dated August 1994, which shall be on file
and available for public inspection in the Office of the Director
of the National Park Service, Washington, D.C.
(2) Legal description.--As soon as practicable after the date
of enactment of this title, the Secretary of the Interior (referred
to in this title as the ``Secretary'') shall prepare and place on
file with the map described in paragraph (1) a legal description of
the boundaries of the Heritage Area.
SEC. 304. MANAGEMENT.
The Secretary, acting through the Director of the National Park
Service, shall enter into a cooperative agreement with the Augusta
Canal Authority, a public body established under the law of the State
of Georgia, providing for the management of the Heritage Area by the
Augusta Canal Authority under terms and conditions stated in the
cooperative agreement. The Secretary shall consult with the Augusta
Canal Authority before carrying out any management authority with
respect to the Heritage Area which is not provided for by the
cooperative agreement.
SEC. 305. MANAGEMENT PLAN.
(a) Preparation of Plan.--Not later than three years after the date
of enactment of this title, the Augusta Canal Authority shall prepare
and submit to the Secretary for review and approval a plan for the
management and administration of the Heritage Area.
(b) Contents.--The plan shall be based on Federal, State, and local
plans in existence on the date of enactment of this title, including
the Augusta Canal Master Plan. The Augusta Canal Authority shall
coordinate and combine such plans and present an integrated and
cooperative approach for the protection, enhancement, and
interpretation of the cultural, natural, scenic, and recreational
resources of the Heritage Area.
(c) Assistance.--The Secretary may provide technical and financial
assistance in the preparation of the management plan.
(d) Approval.--
(1) In general.--Not later than 180 days after receipt of the
plan submitted under subsection (a), the Secretary shall approve or
disapprove the plan.
(2) Criteria.--In determining whether to approve a plan, the
Secretary shall consider--
(A) whether the plan has strong local support from a
diversity of landowners, business interests, nonprofit
organizations, and governments within the area;
(B) whether the plan is consistent with and complements
continued economic activity in the area;
(C) whether the plan has a high potential for effective
partnership mechanisms;
(D) whether the plan improperly infringes on private
property rights; and
(E) whether the plan will take appropriate action to ensure
private property rights are observed.
(3) Disapproval.--
(A) In general.--If the Secretary disapproves the proposed
management plan, the Secretary shall notify the Augusta Canal
Authority of the disapproval in writing.
(B) Contents.--A notification under subparagraph (A) shall
include--
(i) the reasons for the disapproval; and
(ii) recommendations for revision.
(C) Revised plan.--The Augusta Canal Authority shall revise
and resubmit the management plan to the Secretary for approval.
Not later than 180 days after receipt of the revised plan, the
Secretary shall approve or disapprove the plan as provided in
paragraph (2). The Augusta Canal Authority shall revise and
submit the management plan until the management plan is
approved by the Secretary.
(e) Implementation.--
(1) In general.--Upon approval of the management plan as
provided in subsection (d), the Secretary, in conjunction with the
Augusta Canal Authority, shall take appropriate steps to implement
the management plan.
(2) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with the State of Georgia,
political subdivisions of the State, the Augusta Canal Authority,
or any organization or individual to implement the management plan.
(f) Economic Development.--It is the sense of Congress that the
Augusta Canal Authority, the State of Georgia, the City of Augusta, and
other political subdivisions of the State of Georgia should encourage,
by appropriate means, enhanced economic and industrial development in
the area consistent with the goals of the Augusta Canal Master Plan.
SEC. 306. GRANTS AND TECHNICAL ASSISTANCE.
The Secretary may provide grants and technical assistance for the
purposes of this title.
SEC. 307. ACQUISITION OF REAL PROPERTY.
The Augusta Canal Authority may not use any Federal funds that it
may receive pursuant to this title to acquire real property or an
interest in real property.
SEC. 308. OCCUPATIONAL, SAFETY, CONSERVATION, AND ENVIRONMENTAL
REGULATION.
Nothing in this title shall be construed to--
(1) impose any occupational, safety, conservation, or
environmental regulation on the Heritage Area that is more
stringent than the regulations that would be applicable to the
Heritage Area but for the designation of the Heritage Area under
section 303; or
(2) authorize any Federal agency to promulgate an occupational,
safety, conservation, or environmental regulation for the Heritage
Area that is more stringent than the regulations applicable to the
Heritage Area in existence on the date of enactment of this title,
solely as a result of the designation of the Heritage Area under
section 303.
SEC. 309. LAND USE REGULATION.
Nothing in this title shall be construed to--
(1) modify, enlarge, or diminish any authority of Federal,
State, and local governments to regulate any use of land as
provided for by law or regulation; or
(2) grant powers of zoning or land use to the Augusta Canal
Authority.
SEC. 310. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 311. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Heritage Area under
this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the Heritage Area, may not exceed 50 percent
of the total cost of any assistance or grant provided or authorized
under this title.
TITLE IV--STEEL INDUSTRY HERITAGE PROJECT
SEC. 401. SHORT TITLE.
This title may be cited as the ``Steel Industry American Heritage
Area Act of 1996''.
SEC. 402. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) the industrial and cultural heritage of southwestern
Pennsylvania, including the city of Pittsburgh, and the counties of
Allegheny, Armstrong, Beaver, Fayette, Greene, Washington, and
Westmoreland, related directly to steel and steel-related
industries, is nationally significant;
(2) these industries include steelmaking, ironmaking, aluminum,
specialty metals, glass, coal mining, coke production, machining
and foundries, transportation, and electrical industries;
(3) the industrial and cultural heritage of the steel and
related industries in this region includes the social history and
living cultural traditions of the people of the region;
(4) the labor movement of the region played a significant role
in the development of the Nation, including the formation of many
key unions such as the Congress of Industrial Organizations (CIO)
and the United Steel Workers of America (USWA), and crucial
struggles to improve wages and working conditions, such as the Rail
Strike of 1877, the Homestead Strike of 1892, and the Great Steel
Strike of 1919;
(5) the Department of the Interior is responsible for
protecting the Nation's cultural and historic resources, and there
are significant examples of these resources within this seven-
county region to merit the involvement of the Federal Government to
develop programs and projects, in cooperation with the Steel
Industry Heritage Corporation, the Commonwealth of Pennsylvania,
and other local and governmental bodies, to adequately conserve,
protect, and interpret this heritage for future generations, while
providing opportunities for education and revitalization; and
(6) the Steel Industry Heritage Corporation would be an
appropriate management entity for a Heritage Area established in
the region.
(b) Statement of Purpose.--The objectives of the Steel Industry
American Heritage Area are--
(1) to foster a close working relationship with all levels of
government, the private sector, and the local communities in the
steel industry region of southwestern Pennsylvania and empower the
communities to conserve their heritage while continuing to pursue
economic opportunities; and
(2) to conserve, interpret, and develop the historical,
cultural, natural, and recreational resources related to the
industrial and cultural heritage of the seven-county region of
southwestern Pennsylvania.
SEC. 403. STEEL INDUSTRY AMERICAN HERITAGE AREA.
(a) Establishment.--There is hereby established the Steel Industry
American Heritage Area (in this title referred to as the ``Heritage
Area'').
(b) Boundaries.--The Heritage Area shall be comprised of the
counties of Allegheny, Armstrong, Beaver, Fayette, Greene, Washington,
and Westmoreland in Pennsylvania.
(c) Management Entity.--The management entity for the Heritage Area
shall be the Steel Industry Heritage Corporation.
SEC. 404. COMPACT.
(a) In General.--To carry out the purposes of this title, the
Secretary of the Interior (in this title referred to as the
``Secretary'') shall enter into a compact with the management entity.
The compact shall include information relating to the objectives and
management of the area, including the following:
(1) A delineation of the boundaries of the proposed Heritage
Area.
(2) A discussion of the goals and objectives of the proposed
Heritage Area, including an explanation of the proposed approach to
conservation and interpretation and a general outline of the
protection measures committed to by the partners referred to in
paragraph (4).
(3) An identification and description of the management entity
that will administer the proposed Heritage Area.
(4) A list of the initial partners to be involved in developing
and implementing the management plan for the proposed Heritage
Area, and a statement of the financial commitment of the partners.
(5) A description of the role of the Commonwealth of
Pennsylvania.
(b) Additional Requirements.--The compact shall be prepared with
public participation. Actions called for in the compact shall be likely
to be initiated within a reasonable time after designation of the
proposed Heritage Area and shall ensure effective implementation of the
State and local aspects of the compact.
SEC. 405. MANAGEMENT PLAN.
The management entity shall develop a management plan for the
Heritage Area that presents comprehensive recommendations for the
Heritage Area's conservation, funding, management and development. Such
plan shall take into consideration existing State, county, and local
plans and involve residents, public agencies, and private organizations
working in the Heritage Area. It shall include actions to be undertaken
by units of government and private organizations to protect the
resources of the Heritage Area. It shall specify the existing and
potential sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include, as appropriate, the following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area that is
related to the themes of the Heritage Area and that should be
preserved, restored, managed, developed, or maintained because of
its natural, cultural, historic, recreational, or scenic
significance.
(2) A recommendation of policies for resource management which
considers and details application of appropriate land and water
management techniques, including but not limited to, the
development of intergovernmental cooperative agreements to protect
the Heritage Area's historical, cultural, recreational, and natural
resources in a manner consistent with supporting appropriate and
compatible economic viability.
(3) A program for implementation of the management plan by the
management entity, including plans for restoration and
construction, and specific commitments of the identified partners
for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of the
title.
(5) An interpretation plan for the Heritage Area.
SEC. 406. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.
(a) Authorities of the Management Entity.--The management entity
may, for purposes of preparing and implementing the management plan
under section 405, use Federal funds made available through this
title--
(1) to make loans and grants to, and enter into cooperative
agreements with, States and their political subdivisions, private
organizations, or any person; and
(2) to hire and compensate staff.
(b) Duties of the Management Entity.--The management entity shall--
(1) develop and submit to the Secretary for approval a
management plan as described in section 405 within 3 years after
the date of the enactment of this title;
(2) give priority to implementing actions set forth in the
compact and the management plan, including taking steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in preserving the
Heritage Area;
(B) assist units of government, regional planning
organizations, and nonprofit organizations in establishing and
maintaining interpretive exhibits in the Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in developing
recreational resources in the Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in increasing public
awareness of and appreciation for the natural, historical and
architectural resources and sites in the Heritage Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the restoration of
any historic building relating to the themes of the Heritage
Area;
(F) encourage by appropriate means economic viability in
the Heritage Area consistent with the goals of the plan;
(G) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure that clear,
consistent, and environmentally appropriate signs identifying
access points and sites of interest are put in place throughout
the Heritage Area;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding the
implementation of the management plan;
(5) submit substantial changes (including any increase of more
than 20 percent in the cost estimates for implementation) to the
management plan to the Secretary for the Secretary's approval;
(6) for any year in which Federal funds have been received
under this title, submit an annual report to the Secretary setting
forth its accomplishments, its expenses and income, and the entity
to which any loans and grants were made during the year for which
the report is made; and
(7) for any year in which Federal funds have been received
under this title, make available for audit all records pertaining
to the expenditure of such funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving organizations make
available for audit all records pertaining to the expenditure of
such funds.
If a management plan is not submitted to the Secretary as required
under paragraph (1) within the specified time, the Heritage Area shall
no longer qualify for Federal funding.
(c) Prohibition on the Acquisition of Real Property.--The
management entity may not use Federal funds received under this title
to acquire real property or an interest in real property. Nothing in
this title shall preclude any management entity from using Federal
funds from other sources for their permitted purposes.
SEC. 407. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical and Financial Assistance.--
(1) In general.--The Secretary may, upon request of the
management entity, provide technical and financial assistance to
the Heritage Area to develop and implement the management plan. In
assisting the Heritage Area, the Secretary shall give priority to
actions that in general assist in--
(A) conserving the significant natural, historic, and
cultural resources which support its themes; and
(B) providing educational, interpretive, and recreational
opportunities consistent with its resources and associated
values.
(2) Spending for non-federally owned property.--The Secretary
may spend Federal funds directly on non-federally owned property to
further the purposes of this title, especially in assisting units
of government in appropriate treatment of districts, sites,
buildings, structures, and objects listed or eligible for listing
on the National Register of Historic Places. The Historic American
Building Survey/Historic American Engineering Record shall conduct
those studies necessary to document the industrial, engineering,
building, and architectural history of the region.
(b) Approval and Disapproval of Compacts and Management Plans.--
(1) In general.--The Secretary, in consultation with the
Governor of Pennsylvania shall approve or disapprove a compact or
management plan submitted under this title not later than 90 days
after receiving such compact or management plan.
(2) Action following disapproval.--If the Secretary disapproves
a submitted compact or management plan, the Secretary shall advise
the management entity in writing of the reasons therefor and shall
make recommendations for revisions in the compact or plan. The
Secretary shall approve or disapprove a proposed revision within 90
days after the date it is submitted.
(c) Approving Amendments.--The Secretary shall review substantial
amendments to the management plan for the Heritage Area. Funds
appropriated pursuant to this title may not be expended to implement
the changes made by such amendments until the Secretary approves the
amendments.
SEC. 408. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 409. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Heritage Area under
this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this Heritage Area, may not exceed 50 percent
of the total cost of any assistance or grant provided or authorized
under this title.
TITLE V--ESSEX NATIONAL HERITAGE AREA
SEC. 501. FINDINGS AND PURPOSE.
(a) Findings.--The Congress finds that--
(1) Essex County, Massachusetts, was host to a series of
historic events that influenced the course of the early settlement
of the United States; its emergence as a maritime power; and its
subsequent industrial development;
(2) the North Shore of Essex County and the Merrimack River
valley in Essex County contain examples of significant early
American architecture and significant Federal-period architecture,
many sites and buildings associated with the establishment of the
maritime trade in the United States, the site of the witchcraft
trials of 1692, the birthplace of successful iron manufacture, and
the establishment of the textile and leather industries in and
around the cities of Peabody, Beverly, Lynn, Lawrence, and
Haverhill;
(3) Salem, Massachusetts, has a rich heritage as one of the
earliest landing sites of the English colonists, the first major
world harbor for the United States, and an early thriving hub of
American industries;
(4) the Saugus Iron Works National Historic Site is the site of
the first sustained, integrated iron works in Colonial America, and
the technology employed at the Iron Works was dispersed throughout
the Colonies and was critical to the development of industry and
technology in America;
(5) the Salem Maritime National Historic Site contains
nationally significant resources that explain the manner in which
the Nation was settled, its evolution into a maritime power, and
its development as a major industrial force;
(6) the story told at the Salem Maritime and Saugus Iron Works
National Historic Sites would be greatly enhanced through the
interpretation of significant theme-related resources in Salem and
Saugus and throughout Essex County;
(7) partnerships between the private and public sectors have
been created and additional partnerships will be encouraged to
preserve the rich cultural heritage of the region, which will
stimulate cultural awareness, preservation, and economic
development through tourism;
(8) a visitors' center that has already been constructed at the
Salem Maritime National Historic Site in Salem, Massachusetts, will
be available to interpret the themes of the Essex National Heritage
Area established by this title and to coordinate the interpretive
and preservation activities of the Area; and
(9) the resident and business communities of the region have
formed the Essex Heritage Ad Hoc Commission for the preservation,
interpretation, promotion, and development of the historic,
cultural, and natural resources of the region and are investing
significant private funds and energy to develop a plan to preserve
the nationally significant resources of Essex County.
(b) Purpose.--It is the purpose of this title--
(1) to establish the Essex National Heritage Area to recognize,
preserve, promote, interpret, and make available for the benefit of
the public the historic, cultural, and natural resources of the
North Shore and lower Merrimack River valley in Essex County,
Massachusetts, which encompass the three primary themes of the
Salem Maritime National Historic Site and Saugus Iron Works
National Historic Site (the histories of early settlement, maritime
trade, and the textile and leather industries);
(2) to implement the appropriate alternative as described in
the document entitled ``The Salem Project: A Study of
Alternatives'', dated January 1990, within the boundaries of Essex
County; and
(3) to provide a management framework to assist the
Commonwealth of Massachusetts and its units of local government in
the development and implementation of an integrated cultural,
historical, and land resource management program in order to
retain, enhance, and interpret the significant values of the lands,
waters, and structures located in the Essex National Heritage Area.
SEC. 502. DEFINITIONS.
For purposes of this title:
(1) The terms ``Area'' and ``National Heritage Area'' mean the
Essex National Heritage Area established by section 503.
(2) The term ``Secretary'' means the Secretary of the Interior.
SEC. 503. DESIGNATION OF NATIONAL HERITAGE AREA.
(a) Designation.--For the purpose of preserving and interpreting,
for the educational and inspirational benefit of present and future
generations, the unique and significant contributions to our national
heritage of certain historic and cultural lands, natural waterways, and
structures within the County of Essex in the Commonwealth of
Massachusetts, there is hereby established the Essex National Heritage
Area.
(b) Boundaries.--The Area shall comprise the lands generally
depicted on the map numbered NAR-51-80,000 and dated August 1994. The
map shall be on file and available for public inspection in the office
of the Director of the National Park Service.
(c) Administration.--The Area shall be administered in accordance
with the provisions of this title.
SEC. 504. MANAGEMENT ENTITY.
(a) In General.--The management entity for the National Heritage
Area shall be an entity which is selected by the Essex Heritage Ad Hoc
Commission or its designee, reflects a broad cross-section of interests
within the Area, and includes--
(1) at least 1 representative of one or more units of
government in each State in which the National Heritage Area is
located; and
(2) private property owners who reside within the National
Heritage Area.
(b) Duties.--The management entity for the Area shall fulfill each
of the following requirements:
(1) Heritage plan.--Not later than 3 years after the date of
the designation of the Area as aNational Heritage Area, the
management entity shall develop and forward to the Secretary, and to
the Governor of Massachusetts, a heritage plan for the Area.
(2) Priorities.--The management entity shall give priority to
the implementation of action, goals, and policies set forth in the
compact and heritage plan for the Area, including assisting units
of government and others in--
(A) carrying out programs which recognize important
resource values within the Area;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive exhibits in
the Area;
(D) developing recreational and educational opportunities
in the Area;
(E) increasing public awareness of and appreciation for the
natural, historical, and cultural resources of the Area;
(F) restoring historic buildings that are located within
the boundaries of the Area and relate to the theme of the Area;
and
(G) ensuring that clear, consistent, and appropriate signs
identifying public access points and sites of interest are put
in place throughout the Area.
(3) Consideration of interests of local groups.--The management
entity shall, in developing and implementing the heritage plan for
the Area, consider the interests of diverse units of government,
businesses, private property owners, and nonprofit groups within
the geographic area.
(4) Public meetings.--The management entity shall conduct
public meetings at least annually regarding the implementation of
the heritage plan for the Area. The management entity shall place a
notice of each such meeting in a newspaper of general circulation
in the Area and shall make the minutes of the meeting available to
the public.
SEC. 505. DUTIES OF THE SECRETARY.
(a) In General.--To carry out the purpose of this title, the
Secretary shall assist the management entity in preparing such studies
and plans as the Secretary considers appropriate and in implementing
the recommendations contained in a study report prepared by the
management entity. The Secretary is authorized to enter into agreements
with the Commission or with any owner of property with national
historic or cultural significance within the Area for the purpose of
facilitating public use and enjoyment of such resources or to otherwise
further the objectives of the management entity. Any such agreement
shall provide whenever appropriate that--
(1) the public may have access to such resources at specified,
reasonable times for the purpose of viewing the property or
exhibits or attending programs or other activities, as may be
appropriate;
(2) the Secretary may make improvements to such resources as
the management entity or the Secretary deem necessary to enhance
the public use and enjoyment of the resources, or to render such
property usable by the Secretary, the management entity, or any
person for the purpose of this title; and
(3) the Secretary may occupy, utilize, and acquire easements or
leasehold interests in resources as required to implement the
programs and purpose of this title.
(b) Technical Assistance and Grants.--The Secretary may provide,
upon request, technical assistance and grants to the management entity
to assist the management entity in the performance of its powers and
functions as authorized under this title. The Secretary may provide to
any owner of property within the Area, to the Commonwealth of
Massachusetts, to the City of Salem and other participating
municipalities, to any other Federal or State entity, to any
institution, or to any person such technical assistance and grants as
the Secretary considers appropriate to carry out the purpose of this
title.
SEC. 506. PRIVATE PROPERTY.
No privately owned property shall be included within the boundaries
of the Area unless the government of the county, city, or town in which
the property is located agrees to be so included and submits
notification of such agreement to the Secretary.
SEC. 507. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 508. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Area under this title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of the Area, may not exceed 50 percent of the
total cost of any assistance or grant provided or authorized under this
title.
TITLE VI--SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR
SEC. 601. SHORT TITLE.
This title may be cited as the ``South Carolina National Heritage
Corridor Act of 1996''.
SEC. 602. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds that--
(1) the South Carolina National Heritage Corridor, more than
250 miles in length, possesses a wide diversity of significant rare
plants, animals, and ecosystems, agricultural and timber lands,
shell-fish harvesting areas, historic sites and structures, and
cultural and multicultural landscapes related to the past and
current commerce, transportation, maritime, textile, agricultural,
mining, cattle, pottery, and national defense industries of the
region, which provide significant ecological, natural, tourism,
recreational, timber management, educational, and economic
benefits;
(2) there is a national interest in protecting, conserving,
restoring, promoting, and interpreting the benefits of the Corridor
for the residents of, and visitors to, the Corridor area;
(3) a primary responsibility for conserving, preserving,
protecting, and promoting the benefits resides with the State of
South Carolina and the units of local government having
jurisdiction over the Corridor area; and
(4) in view of the longstanding Federal practice of assisting
States in creating, protecting, conserving, preserving, and
interpreting areas of significant natural and cultural importance,
and in view of the national significance of the Corridor, the
Federal Government has an interest in assisting the State of South
Carolina, the units of local government of the State, and the
private sector in fulfilling the responsibilities described in
paragraph (3).
(b) Purposes.--The purposes of this title are--
(1) to protect, preserve, conserve, restore, promote, and
interpret the significant land and water resource values and
functions of the Corridor;
(2) to encourage and support, through financial and technical
assistance, the State of South Carolina, the units of local
government of the State, and the private sector in the development
of a heritage plan for the Corridor to ensure coordinated public
and private action in the Corridor area in a manner consistent with
subsection (a);
(3) to provide, during the development of an integrated
heritage plan, Federal financial and technical assistance for the
protection, preservation, and conservation of land and water areas
in the Corridor that are in danger of being adversely affected or
destroyed;
(4) to encourage and assist the State of South Carolina and the
units of local government of the State to identify the full range
of public and private technical and financial assistance programs
and services available to implement the heritage plan;
(5) to encourage adequate coordination of all government
programs affecting the land and water resources of the Corridor;
and
(6) to develop a management framework with the State of South
Carolina and the units of local government of the State for--
(A) planning and implementing the heritage plan; and
(B) developing policies and programs that will preserve,
conserve, protect, restore, enhance, and interpret the
cultural, historical, natural, economic, recreational, and
scenic resources of the Corridor.
SEC. 603. DEFINITIONS.
For purposes of this title--
(1) Corridor.--The term ``Corridor'' means the South Carolina
National Heritage Corridor established by section 604.
(2) Governor.--The term ``Governor'' means the Governor of the
State of South Carolina.
(3) Secretary.--The term ``Secretary'' means the Secretary of
the Interior.
SEC. 604. SOUTH CAROLINA NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--There is established in the State of South
Carolina the South Carolina National Heritage Corridor.
(b) Boundaries.--
(1) In general.--The boundaries of the Corridor are generally
the boundaries of the western counties of the State of South
Carolina, extending from the western Piedmont along the Savannah
Valley to Augusta, Georgia, along the route of the old Southern
Railroad, along the Ashley River to Charleston.
(2) Included counties.--The Corridor shall consist of the
following counties of South Carolina, in part or in whole, as the
heritage plan may specify on the recommendations of the units of
local government with the Corridor area:
(A) Oconee.
(B) Pickens.
(C) Anderson.
(D) Abbeville.
(E) Greenwood.
(F) McCormick.
(G) Edgefield.
(H) Aiken.
(I) Barnwell.
(J) Orangeburg.
(K) Bamberg.
(L) Dorchester.
(M) Colleton.
(N) Charleston.
(3) Detail.--The boundaries shall be specified in detail in the
heritage plan.
SEC. 605. MANAGEMENT ENTITY.
(a) In General.--The management entity for the National Heritage
Corridor shall be an entity selected by the Governor of the State of
South Carolina which reflects a broad cross-section of interests within
the Corridor and which includes--
(1) at least 1 representative of one or more units of
government in South Carolina; and
(2) private property owners who reside within the National
Heritage Corridor.
(b) Duties.--The management entity for the National Heritage
Corridor shall fulfill each of the following requirements:
(1) Heritage plan.--Not later than 3 years after the date of
the designation of the area as a National Heritage Corridor, the
management entity shall develop and forward to the Secretary, and
to the Governor of South Carolina, a heritage plan.
(2) Priorities.--The management entity shall give priority to
the implementation of actions, goals, and policies set forth in the
compact and heritage plan for the Corridor, including assisting
units of government and others in--
(A) carrying out programs which recognize important
resource values within the National Heritage Corridor;
(B) encouraging economic viability in the affected
communities;
(C) establishing and maintaining interpretive exhibits in
the Corridor;
(D) developing recreational and educational opportunities
in the Corridor;
(E) increasing public awareness of and appreciation for the
natural, historical, and cultural resources of the Corridor;
(F) restoring historic buildings that are located within
the boundaries of the Corridor and relate to the theme of the
Corridor; and
(G) ensuring that clear, consistent, and appropriate signs
identifying public access points and sites of interest are put
in place throughout the Corridor.
(3) Consideration of interests of local groups.--The management
entity shall, in developing and implementing the heritage plan for
the Corridor, consider the interest of diverse units of government,
businesses, private property owners, and nonprofit groups within
the geographic area.
(4) Public meetings.--The management entity shall conduct
public meetings at least annually regarding the implementation of
the heritage plan for the Corridor. The management entity shall
place a notice of each such meeting in a newspaper of general
circulation in the Corridor and shall make the minutes of the
meeting available to the public.
SEC. 606. DUTIES OF THE SECRETARY.
(a) Assistance.--On request of the management entity, and subject
to the availability of funds appropriated specifically for the purpose,
or made available on a reimbursable basis, the Secretary shall provide
administrative, technical, financial, development, and operations
assistance for the purposes of this title. The assistance may include--
(1) general administrative support in planning, finance,
personnel, procurement, property management, environmental and
historical compliance, and land acquisition;
(2) personnel;
(3) office space and equipment;
(4) planning and design services for visitor use facilities,
trails, interpretive exhibits, publications, signs, and natural
resource management;
(5) development and construction assistance, including visitor
use facilities, trails, river use and access facilities, scenic
byways, signs, waysides, and rehabilitation of historic structures;
and
(6) operations functions, including interpretation and visitor
services, maintenance, and natural resource management services
conducted within the boundaries of the Corridor.
(b) Loans, Grants, and Cooperative Agreements.--For the purposes of
assisting in the development and implementation of the heritage plan,
the Secretary may, in consultation with the management entity, make
loans and grants to, and enter into cooperative agreements with, the
State of South Carolina (or a political subdivision of the State),
private nonprofit organizations, corporations, or other persons.
(c) Approval of Heritage Plan.--
(1) In general.--Not later than 180 days after receipt of the
plan submitted under section 605(b), the Secretary shall approve or
disapprove the plan.
(2) Criteria.--In determining whether to approve a plan under
this title, the Secretary shall consider--
(A) whether the plan has strong local support from a
diversity of landowners, business interests, nonprofit
organizations, and governments within the area;
(B) whether the plan is consistent with and complements
continued economic activity in the area;
(C) whether the plan has a high potential for effective
partnership mechanisms;
(D) whether the plan improperly infringes on private
property rights; and
(E) whether the plan will take appropriate action to ensure
private property rights are observed.
(3) Disapproval.--
(A) In general.--If the Secretary disapproves the proposed
heritage plan, the Secretary shall notify the management
entity.
(B) Contents.--A notification under subparagraph (A) shall
include--
(i) the reasons for the disapproval; and
(ii) recommendations for revision.
(C) Revised plan.--The management entity shall revise and
resubmit the heritage plan to the Secretary for approval. Not
later than 180 days after receipt of the revised plan, the
Secretary shall approve or disapprove the plan as provided in
paragraph (2). The management entity shall revise and submit
the heritage plan until the heritage plan is approved by the
Secretary.
SEC. 607. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 608. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Corridor under this
title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this Corridor, may not exceed 50 percent of
the total cost of any assistance or grant provided or authorized under
this title.
TITLE VII--AMERICA'S AGRICULTURAL HERITAGE PARTNERSHIP
SEC. 701. FINDINGS AND PURPOSES.
(a) The Congress finds that--
(1) the city of Waterloo, Iowa, and northeast Iowa posses many
important elements of the nationally significant story of American
agriculture, including Native American agriculture, agricultural
mechanization, seed hybridization, farm cooperative movements,
rural electrification, farm-to-market systems, rural to urban
migration, veterinary practice, food processing and preservation,
national farm organizations, international hunger relief, and the
development of national and international agribusiness;
(2) these resources offer outstanding and unique opportunities
to acknowledge and appreciate the development of American
agriculture;
(3) the National Park Service has determined that the story of
American agriculture is nationally significant, that northeast Iowa
is an ideal place to tell that story, and that this story could be
divided into 4 principal topics for interpretation in northeast
Iowa: the Amazing Science of Agriculture, Agriculture as a Way of
Life, Organizing for Survival, and Crops from Field to Table;
(4) the responsibility for interpreting, retaining, enhancing,
and promoting the resources, values, and amenities of Waterloo,
Iowa, and northeast Iowa resides with volunteer associations,
private businesses, political subdivisions of the State, and the
State of Iowa; and
(5) despite the efforts by volunteer associations, private
businesses, political subdivisions of the State, and the State of
Iowa, the cultural and historical resources of the area have not
realized full potential and may be lost without some assistance
from the Federal Government.
(b) Purposes.--The purposes of this title are--
(1) to interpret, retain, enhance, and promote the unique and
significant contributions to national and international agriculture
of certain natural, historic, and cultural resources within
Waterloo, Iowa, and northeast Iowa;
(2) to provide a partnership management framework to assist
volunteer associations, private businesses, political subdivisions
of the State, and the State of Iowa in developing and implementing
Management Plan policies and programs that will assist in the
interpretation, retention, enhancement, and promotion of the
cultural, natural, and recreational resources of northeast Iowa;
(3) to allow for local, State, and Federal contributions
through limited grants and technical assistance to create America's
Agricultural Heritage Partnership through cooperative agreements
among volunteer associations, private businesses, political
subdivisions of the State, the State of Iowa, and residents of the
area; and
(4) to provide for an economically self-sustaining Partnership
for the educational and inspirational benefit of current and future
generations concerning the story of American agriculture.
SEC. 702. DEFINITIONS.
As used in this title:
(1) Partnership.--The term ``Partnership'' means the America's
Agricultural Heritage Partnership as established by section 703(a).
(2) Management entity.--The term ``management entity'' means
the management entity as established by section 704(a).
(3) Political subdivision.--The term ``political subdivision''
means a political subdivision of the State of Iowa, any part of
which is located in or adjacent to the area in which the
Partnership's activities occur, including a county, city, or town.
(4) State.--The term ``State'' means the State of Iowa.
(5) Secretary.--The term ``Secretary'' means the Secretary of
Agriculture.
(6) Partnership management plan.--The term ``Partnership
Management Plan'' means the plan approved pursuant to section
705(a).
(7) Activities.--The term ``activities'' means the activities
referred to in section 703(b).
SEC. 703. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE
PARTNERSHIP.
(a) Establishment.--To carry out this title, there is established
in the State of Iowa the ``America's Agricultural Heritage
Partnership'' (in this title referred to as the ``Partnership''), upon
publication by the Secretary in the Federal Register of notice that a
Partnership Management Plan has been approved by the Secretary under
this title.
(b) Activities.--The Partnership's activities shall be limited to
the counties of northeast Iowa that are generally depicted in
``Alternatives #2 and #3'' described in the 1995 National Park Service
``Special Resource Study, Cedar Valley, Iowa.''.
(c) Participation.--Nothing in this title shall require any
resident located in the area in which the Partnership's activities
occur to participate in or be associated with the Partnership or the
Partnership's activities.
(d) Affiliations.--Nothing in this title shall prohibit future
affiliations or designations of the Partnership or Partnership
Management Entity.
(e) Grants, Technical Assistance, and Cooperative Agreements.--
(1) Grants and technical assistance.--The Secretary may make
grants and provide technical assistance to America's Agricultural
Heritage Partnership to assist it in carrying out its purposes.
(2) Cooperative agreements.--The Secretary is authorized to
enter into cooperative agreements with private entities, the State
of Iowa, any political subdivision thereof, and other Federal
entities, to further the purposes of this title, the Partnership,
or the Partnership Management Entity.
SEC. 704. ESTABLISHMENT OF THE AMERICA'S AGRICULTURAL HERITAGE
PARTNERSHIP MANAGEMENT ENTITY.
(a) Establishment.--There is established a management entity for
the Partnership based on the ``Management Option #5'' outlined in the
1995 National Park Service ``Special Resource Study, Cedar Valley,
Iowa'' and subject to the approval of the Secretary.
(b) Partnership Management Plan.--The Partnership management entity
shall be established in accordance with the Partnership Management Plan
referred to in section 705(a).
(c) Composition.--The members of the management entity may include
persons affiliated with the following entities: the American
Association of Museums, American Farm Bureau, American Farmland Trust,
Effigy Mounds National Monument and Herbert Hoover National Historic
Site, Iowa Department of Agriculture and Land Stewardship, Iowa
Department of Corrections, Iowa Department of Cultural Affairs, Iowa
Department of Economic Development, National Trust for Historic
Preservation, the Smithsonian Institution, the State Historic
Preservation Office of the State of Iowa, the United States Department
of Agriculture, the United States Department of Transportation, and the
America's Agricultural/Industrial Heritage Landscape, Inc.
SEC. 705. PARTNERSHIP MANAGEMENT PLAN.
(a) Preparation of Partnership Management Plan.--A Partnership
Management Plan shall be submitted to the Secretary for approval no
later than three years after the date of the enactment of this title.
(b) Assistance.--The Secretary may provide technical assistance in
the preparation of the Partnership Management Plan.
SEC. 706. LAND USE REGULATION AND PRIVATE PROPERTY PROTECTION.
(a) Regulation.--Nothing in this title shall be construed to
modify, enlarge, or diminish any authority of Federal, State, and local
governments to regulate any use of privately owned land provided by law
or regulation.
(b) Land Use.--Nothing in this title shall be construed to grant
the powers of zoning, land use, or condemnation to the Partnership
Management Entity, the Secretary or any other Federal, State, or local
government entity.
SEC. 707. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 708. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the Partnership under this
title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this Partnership, may not exceed 50 percent of
the total cost of any assistance or grant provided or authorized under
this title.
TITLE VIII--OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
SEC. 801. SHORT TITLE.
This title may be cited as the ``Ohio & Erie Canal National
Heritage Corridor Act of 1996''.
SEC. 802. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The Ohio & Erie Canal, which opened for commercial
navigation in 1832, was the first inland waterway to connect the
Great Lakes at Lake Erie with the Gulf of Mexico via the Ohio and
Mississippi Rivers and a part of a canal network in Ohio that was
one of America's most extensive and successful systems during a
period in history when canals were essential to the Nation's
growth.
(2) The Ohio & Erie Canal spurred economic growth in the State
of Ohio that took the State from near bankruptcy to the third most
economically prosperous State in the Union in just 20 years.
(3) A 4-mile section of the Ohio & Erie Canal was designated a
National Historic Landmark in 1966 and other portions of the Ohio &
Erie Canal and many associated structures were placed on the
National Register of Historic Places.
(4) In 1974, 19 miles of the Ohio & Erie Canal were declared
nationally significant under National Park Service new area
criteria with the designation of Cuyahoga Valley National
Recreation Area.
(5) The National Park Service found the Ohio & Erie Canal
nationally significant in a 1975 study entitled ``Suitability/
Feasibility Study, Proposed Ohio & Erie Canal''.
(6) A 1993 Special Resources Study of the Ohio & Erie Canal
Corridor conducted by the National Park Service entitled ``A Route
to Prosperity'' has concluded that the corridor is eligible as a
National Heritage Corridor.
(7) Local governments, the State of Ohio, and private sector
interests have embraced the heritage corridor concept and desire to
enter into partnership with the Federal Government to preserve,
protect, and develop the corridor for public benefit.
(b) Purposes.--The purposes of this title are--
(1) to preserve and interpret for the educational and
inspirational benefit of present and future generations the unique
and significant contributions to our national heritage of certain
historic and cultural lands, waterways, and structures within the
87-mile Ohio & Erie Canal Corridor between Cleveland and Zoar;
(2) to encourage within the corridor a broad range of economic
opportunities enhancing the quality of life for present and future
generations;
(3) to provide a management framework to assist the State of
Ohio, its political subdivisions, and nonprofit organizations, or
combinations thereof, in preparing and implementing an integrated
Corridor Management Plan and in developing policies and programs
that will preserve, enhance, and interpret the cultural,
historical, natural, recreation, and scenic resources of the
corridor; and
(4) to authorize the Secretary to provide financial and
technical assistance to the State of Ohio, its political
subdivisions, and nonprofit organizations, or combinations thereof,
in preparing and implementing a Corridor Management Plan.
SEC. 803. DEFINITIONS.
For the purposes of this title:
(1) The term ``corridor'' means the Ohio & Erie Canal National
Heritage Corridor established by section 804.
(2) The term ``Committee'' means the Ohio & Erie Canal National
Heritage Area Committee established by section 805.
(3) The term ``Corridor Management Plan'' means the management
plan developed under section 808.
(4) The term ``Secretary'' means the Secretary of the Interior.
(5) The term ``technical assistance'' means any guidance,
advice, help, or aid, other than financial assistance, provided by
the Secretary of the Interior.
(6) The term ``financial assistance'' means funds appropriated
by Congress and made available to the management entity for the
purposes of preparing and implementing a Corridor Management Plan.
(7) The term ``management entity'' means the entity recognized
by the Secretary pursuant to section 807(a) to receive, distribute,
and account for Federal funds appropriated for the purposes of this
title.
SEC. 804. OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--There is established in the State of Ohio the
Ohio & Erie Canal National Heritage Corridor.
(b) Boundaries.--
(1) In general.--The boundaries of the corridor shall be
composed of the lands that are generally the route of the Ohio &
Erie Canal from Cleveland to Zoar, Ohio, as depicted in the 1993
National Park Service Special Resources Study, ``A Route to
Prosperity'', subject to paragraph (2). The specific boundaries
shall be those specified in the management plan submitted under
section 808. The Secretary shall prepare a map of the corridor
which shall be on file and available for public inspection in the
office of the Director of the National Park Service.
(2) Consent of local governments.--No privately owned property
shall be included within the boundaries of the corridor unless the
municipality in which the property is located agrees to be so
included and submits notification of such agreement to the
Secretary.
(c) Administration.--The corridor shall be administered in
accordance with the provisions of this title.
SEC. 805. THE OHIO & ERIE CANAL NATIONAL HERITAGE CORRIDOR
COMMITTEE.
(a) Establishment.--There is hereby established a Committee to be
known as the ``Ohio & Erie Canal National Heritage Corridor
Committee'', whose purpose shall be to assist Federal, State, and local
authorities and the private sector in the preparation and
implementation of an integrated Corridor Management Plan.
(b) Membership.--The Committee shall be comprised of 21 members, as
follows:
(1) Four individuals, appointed by the Secretary after
consideration of recommendations submitted by the Greater Cleveland
Growth Association, the Akron Regional Development Board, the Stark
Development Board, and the Tuscarawas County Chamber of Commerce,
who shall include one representative of business and industry from
each of Ohio counties of Cuyahoga, Summit, Stark, and Tuscarawas.
(2) One individuals, appointed by the Secretary after
consideration of recommendations submitted by the Director of the
Ohio Department of Travel and Tourism, who is a director of a
convention and tourism bureau within the corridor.
(3) One individual, appointed by the Secretary after
consideration of recommendations submitted by the Ohio Historic
Preservation Officer, with knowledge and experience in the field of
historic preservation.
(4) One individual, appointed by the Secretary after
consideration of recommendations submitted by the Director of the
National Park Service, with knowledge and experience in the field
of historic preservation.
(5) Three individuals appointed by the Secretary after
consideration of recommendations submitted by the county or
metropolitan park boards in the Ohio counties of Cuyahoga, Summit,
and Stark.
(6) Eight individuals appointed by the Secretary after
consideration of recommendations submitted by the county
commissioners or county chief executive of the Ohio counties of
Cuyahoga, Summit, Stark and Tuscarawas, including--
(A) from each county, one representative of the planning
offices of the county; and
(B) from each county, one representative of a municipality
in the county.
(7) Two individuals appointed by the Secretary after
consideration of recommendations submitted by the Governor of Ohio,
who shall be representatives of the Directors of the Ohio
Department of Natural Resources and the Ohio Department of
Transportation.
(8) The Superintendent of the Cuyahoga Valley National
Recreation Area, ex officio.
(c) Appointments.--
(1) In general.--Except as provided in paragraph (2), members
of the Committee shall be appointed for terms of three years and
may be reappointed.
(2) Initial appointments.--The Secretary shall appoint the
initial members of the Committee within 30 days after the date on
which the Secretary has received all recommendations pursuant to
subsection (b). Of the members first appointed--
(A) the members appointed pursuant to subsection (b)(6)(B)
shall be appointed to a term of two years and may not be
reappointed to a consecutive term; and
(B) the member appointed pursuant to subsection (b)(2)
shall be appointed to a term of two years and may not be
reappointed to a consecutive term.
(d) Chair and Vice Chair.--The chair and vice chair of the
Committee shall be elected by the members of the Committee. The terms
of the chair and vice chair shall be two years.
(e) Vacancy.--A vacancy in the Committee shall be filled in the
manner in which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term for which
their predecessor was appointed shall be appointed only for the
remainder of such term. Any member of the Committee appointed for a
definite term may serve after the expiration of their term until their
successor has taken office.
(f) Compensation and Expenses.--Members of the Committee shall
serve without compensation for their service on the Committee.
(g) Quorum.--Eleven members of the Committee shall constitute a
quorum.
(h) Meetings.--The Committee shall meet at least quarterly at the
call of the chairperson or 11 of its members. Meetings of the Committee
shall be subject to section 552b of title 5, United States Code
(relating to open meetings).
(i) Not Treated as Advisory Committee.--The Committee shall not be
treated as an Advisory Committee for purposes of the Federal Advisory
Committee Act (5 U.S.C. App.).
SEC. 806. POWERS AND DUTIES OF THE NATIONAL HERITAGE CORRIDOR
COMMITTEE.
(a) Hearings.--The Committee may, for the purpose of carrying out
this title, hold such hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the Committee
considers appropriate. The Committee may not issue subpoenas or
exercise any subpoena authority.
(b) Bylaws.--The Committee may make such bylaws and rules,
consistent with this title, as it considers necessary to carry out its
functions under this title.
(c) Powers of Members and Agents.--Any member or agent of the
Committee, if so authorized by the Committee, may take any action which
the Committee is authorized to take by this title.
(d) Corridor Management Plan.--Upon submission of a draft Corridor
Management Plan to the Committee from the management entity, the
Committee shall, within 60 days, review such plan for consistency with
the purposes of this title and endorse the plan or return it to the
management entity for revision. Upon endorsement of the Corridor
Management Plan, the Committee shall submit such plan to the Secretary
for approval pursuant to section 808.
(e) Review of Budget.--The Committee shall review on an annual
basis the proposed expenditures of Federal funds by the management
entity for consistency with the purpose of this title and the Corridor
Management Plan.
SEC. 807. MANAGEMENT ENTITY.
(a) Entity.--Upon petition, the Secretary is authorized to
recognize the Ohio & Erie Canal Association as the management entity
for the Heritage Corridor.
(b) Eligibility.--To be eligible for designation as the management
entity of the corridor, an entity must possess the legal ability to--
(1) receive Federal funds for use in preparing and implementing
the management plan for the corridor;
(2) disburse Federal funds to other units of government or
other organizations for use in preparing and implementing the
management plan for the corridor;
(3) account for all Federal funds received or disbursed; and
(4) sign agreements with the Federal Government.
(c) Federal Funding.--
(1) Authorization to receive.--The management entity is
authorized to receive appropriated Federal funds.
(2) Disqualification.--If a management plan for the corridor is
not submitted to the Secretary as required under section 808 within
the time specified herein, the management entity shall cease to be
eligible for Federal funding under this title until such a plan
regarding the corridor is submitted to the Secretary.
(d) Authorities of Management Entity.--The management entity of the
corridor may, for purposes of preparing and implementing the management
plan for the corridor, use Federal funds made available under this
title--
(1) to make grants and loans to the State of Ohio, its
political subdivisions, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
technical assistance to, Federal agencies, the State of Ohio, its
political subdivision, nonprofit organizations, and other persons;
(3) to hire and compensate staff;
(4) to obtain money from any source under any program or law
requiring the recipient of such money to make a contribution in
order to receive such money; and
(5) to contract for goods and services.
(e) Prohibition of Acquisition of Real Property.--The management
entity for the corridor may not use Federal funds received under this
title to acquire real property or any interest in real property.
SEC. 808. DUTIES OF THE MANAGEMENT ENTITY.
(a) Corridor Management Plan.--
(1) Submission for review by committee.--Within 3 years after
the date on which the Secretary has recognized the management
entity for the corridor, the management entity shall develop and
submit for review to the Committee a management plan for the
corridor.
(2) Plan requirements.--A management plan submitted under this
title shall present comprehensive recommendations for the
conservation, funding, management, and development of the corridor.
The plan shall be prepared with public participation. The plan
shall take into consideration existing Federal, State, county, and
local plans and involve residents, public agencies, and private
organizations in the corridor. The plan shall include a description
of actions that units of government and private organizations are
recommended to take to protect the resources of the corridor. The
plan shall specify existing and potential sources of funding for
the conservation, management, and development of the corridor. The
plan also shall include the following, as appropriate:
(A) An inventory of the resources contained in the
corridor, including a list of property in the corridor that
should be conserved, restored, managed, developed, or
maintained because of the natural, cultural, or historic
significance of the property as it relates to the themes of the
corridor.
(B) A recommendation of policies for resource management
that consider and detail the application of appropriate land
and water management techniques, including (but not limited to)
the development of intergovernmental cooperative agreements to
manage the historical, cultural, and natural resources and
recreational opportunities of the corridor in a manner
consistent with the support of appropriate and compatible
economic viability.
(C) A program, including plans for restoration and
construction, for implementation of the management plan by the
management entity and specific commitments, for the first six
years of operation of the plan by the partners identified in
said plan.
(D) An analysis of means by which Federal, State, and local
programs may best be coordinated to promote the purposes of
this title.
(E) An interpretive plan for the corridor.
(3) Approval and disapproval of the corridor management plan.--
(A) In general.--Upon submission of the Corridor Management
Plan from the Committee. the Secretary shall approve or
disapprove said plan not later than 60 days after receipt of
the plan. If the Secretary has taken no action after 60 days
upon receipt, the plan shall be considered approved.
(B) Disapproval and revisions.--If the Secretary
disapproves the Corridor Management Plan, the Secretary shall
advise the Committee, in writing, of the reasons for the
disapproval and shall make recommendations for revision of the
plan. The Secretary shall approve or disapprove proposed
revisions to the plan not later than 60 days after receipt of
such revision. If the Secretary has taken no action for 60 days
after receipt, the plan shall be considered approved.
(b) Priorities.--The management entity shall give priority to the
implementation of actions, goals, and policies set forth in the
management plan for the corridor, including--
(1) assisting units of government, regional planning
organizations, and nonprofit organizations--
(A) in conserving the corridor;
(B) in establishing and maintaining interpretive exhibits
in the corridor;
(C) in developing recreational opportunities in the
corridor;
(D) in increasing public awareness of and appreciation for
the natural, historical, and cultural resources of the
corridor;
(E) in the restoration of historic buildings that are
located within the boundaries of the corridor and relate to the
themes of the corridor; and
(F) in ensuring that clear, consistent, and environmentally
appropriate signs identifying access points and sites of
interest are put in place throughout the corridor; and
(2) consistent with the goals of the management plan,
encouraging economic viability in the affected communities by
appropriate means.
(c) Consideration of Interests of Local Groups.--The management
entity shall, in preparing and implementing the management plan for the
corridor, consider the interest of diverse units of government,
businesses, private property owners, and nonprofit groups within the
geographic area.
(d) Public Meetings.--The management entity shall conduct public
meetings at least quarterly regarding the implementation of the
Corridor Management Plan.
(e) Annual Reports.--The management entity shall, for any fiscal
year in which it receives Federal funds under this title or in which a
loan made by the entity with Federal funds under section 807(d)(1) is
outstanding, submit an annual report to the Secretary setting forth its
accomplishments, its expenses and income, and the entities to which it
made any loans and grants during the year for which the report is made.
(f) Cooperation With Audits.--The management entity shall, for any
fiscal year in which its receives Federal funds under this title or in
which a loan made by the entity with Federal funds under section
807(d)(1) is outstanding, make available for audit by the Congress, the
Secretary, and appropriate units of government all records and other
information pertaining to the expenditure of such funds and any
matching funds, and require, for all agreements authorizing expenditure
of Federal funds by other organizations, that the receiving
organizations make available for such audit all records and other
information pertaining to the expenditure of such funds.
SEC. 809. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Technical Assistance and Grants.--
(1) In general.--The Secretary may provide technical assistance
and grants to units of government, nonprofit organizations, and
other persons, upon request of the management entity of the
corridor, and to the management entity, regarding the management
plan and its implementation.
(2) Prohibition of certain requirements.--The Secretary may
not, as a condition of the award of technical assistance or grants
under this section, require any recipient of such technical
assistance or grant to enact or modify land use restrictions.
(3) Determinations regarding assistance.--The Secretary shall
decide if the corridor shall be awarded technical assistance or
grants and the amount of that assistance. Such decisions shall be
based on the relative degree to which the corridor effectively
fulfills the objectives contained in the Corridor Management Plan
and achieves the purposes of this title. Such decisions shall give
consideration to projects which provide a greater leverage of
Federal funds.
(b) Provision of Information.--In cooperation with other Federal
agencies, the Secretary shall provide the general public with
information regarding the location and character of the corridor.
(c) Other Assistance.--Upon request, the Superintendent of Cuyahoga
Valley National Recreation Area may provide to public and private
organizations within the corridor (including the management entity for
the corridor) such operational assistance as appropriate to support the
implementation of the Corridor Management Plan, subject to the
availability of appropriated funds. The Secretary is authorized to
enter into cooperative agreements with public and private organizations
for the purposes of implementing this subsection.
(d) Duties of Other Federal Agencies.--Any Federal entity
conducting any activity directly affecting the corridor shall consider
the potential effect of the activity on the Corridor Management Plan
and shall consult with the management entity of the corridor with
respect to the activity to minimize the adverse effects of the activity
on the corridor.
SEC. 810. LACK OF EFFECT ON LAND USE REGULATION AND PRIVATE PROPERTY.
(a) Lack of Effect on Authority of Governments.--Nothing in this
title shall be construed to modify, enlarge, or diminish any authority
of Federal, State, or local governments to regulate any use of land as
provided for by law or regulation.
(b) Lack of Zoning or Land Use Powers.--Nothing in this title shall
be construed to grant powers of zoning or land use control to the
Committee or management entity of the corridor.
(c) Local Authority and Private Property Not Affected.--Nothing in
this title shall be construed to affect or to authorize the Committee
to interfere with--
(1) the rights of any person with respect to private property;
or
(2) any local zoning ordinance or land use plan of the State of
Ohio or a political subdivision thereof.
SEC. 811. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
SEC. 812. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated under this
title not more than $1,000,000 for any fiscal year. Not more than a
total of $10,000,000 may be appropriated for the corridor under this
title.
(b) 50 Percent Match.--Federal funding provided under this title,
after the designation of this corridor, may not exceed 50 percent of
the total cost of any assistance or grant provided or authorized under
this title.
TITLE IX--HUDSON RIVER VALLEY NATIONAL HERITAGE AREA
SEC. 901. SHORT TITLE.
This title may be cited as the ``Hudson River Valley National
Heritage Area Act of 1996''.
SEC. 902. FINDINGS.
The Congress finds the following:
(1) The Hudson River Valley between Yonkers, New York, and
Troy, New York, possesses important historical, cultural, and
natural resources, representing themes of settlement and migration,
transportation, and commerce.
(2) The Hudson River Valley played an important role in the
military history of the American Revolution.
(3) The Hudson River Valley gave birth to important movements
in American art and architecture through the work of Andrew Jackson
Downing, Alexander Jackson Davis, Thomas Cole, and their
associates, and played a central role in the recognition of the
esthetic value of the landscape and the development of an American
esthetic ideal.
(4) The Hudson River Valley played an important role in the
development of the iron, textile, and collar and cuff industries in
the 19th century, exemplified in surviving structures such as the
Harmony Mills complex at Cohoes, and in the development of early
men's and women's labor and cooperative organizations, and is the
home of the first women's labor union and the first women's
secondary school.
(5) The Hudson River Valley, in its cities and towns and in its
rural landscapes--
(A) displays exceptional surviving physical resources
illustrating these themes and the social, industrial, and
cultural history of the 19th and early 20th centuries; and
(B) includes many National Historic Sites and Landmarks.
(6) The Hudson River Valley is the home of traditions
associated with Dutch and Huguenot settlements dating to the 17th
and 18th centuries, was the locus of characteristic American
stories such as ``Rip Van Winkle'' and the ``Legend of Sleepy
Hollow'', and retains physical, social, and cultural evidence of
these traditions and the traditions of other more recent ethnic and
social groups.
(7) New York State has established a structure for the Hudson
River Valley communities to join together to preserve, conserve,
and manage these resources, and to link them through trails and
other means, in the Hudson River Greenway Communities Council and
the Greenway Conservancy.
SEC. 903. PURPOSES.
The purposes of this title are the following:
(1) To recognize the importance of the history and the
resources of the Hudson River Valley to the Nation.
(2) To assist the State of New York and the communities of the
Hudson River Valley in preserving, protecting, and interpreting
these resources for the benefit of the Nation.
(3) To authorize Federal financial and technical assistance to
serve these purposes.
SEC. 904. HUDSON RIVER VALLEY NATIONAL HERITAGE AREA.
(a) Establishment.--There is hereby established a Hudson River
Valley National Heritage Area (in this title referred to as the
``Heritage Area'').
(b) Boundaries.--
(1) In general.--Except as otherwise provided in paragraph (2),
the Heritage Area shall be comprised of the counties of Albany,
Rensselaer, Columbia, Greene, Ulster, Dutchess, Orange,
Putnam,Westchester, and Rockland, New York, and the Village of
Waterford in Saratoga County, New York.
(2) Areas excluded.--The Heritage Area shall not include any of
the following:
(A) The counties of Greene and Columbia.
(B) Those portions of the counties of Rensselaer and
Dutchess located entirely within the 22d Congressional District
of New York (as such district exists on the date of the
enactment of this Act).
(c) Management Entities.--The management entities for the Heritage
Area shall be the Hudson River Valley Greenway Communities Council and
the Greenway Conservancy (agencies established by the State of New York
in its Hudson River Greenway Act of 1991, in this title referred to as
the ``management entities''). The management entities shall jointly
establish a Heritage Area Committee to manage the Heritage Area.
SEC. 905. COMPACT.
To carry out the purposes of this title, the Secretary of the
Interior (in this title referred to as the ``Secretary'') shall enter
into a compact with the management entities. The compact shall include
information relating to the objectives and management of the area,
including the following:
(1) A discussion of the goals and objectives of the Heritage
Area, including an explanation of a proposed approach to
conservation and interpretation, and a general outline of the
protection measures committed to by the parties to the compact.
(2) A description of the respective roles of the management
entities.
(3) A list of the initial partners to be involved in developing
and implementing a management plan for the Heritage Area, and a
statement of the financial commitment of such partners.
(4) A description of the role of the State of New York.
SEC. 906. MANAGEMENT PLAN.
The management entities shall develop a management plan for the
Heritage Area that presents comprehensive recommendations for the
Heritage Area's conservation, funding, management and development. Such
plan shall take into consideration existing State, county, and local
plans and involve residents, public agencies, and private organizations
working in the Heritage Area. It shall include actions to be undertaken
by units of government and private organizations to protect the
resources of the Heritage Area. It shall specify the existing and
potential sources of funding to protect, manage, and develop the
Heritage Area. Such plan shall include specifically as appropriate the
following:
(1) An inventory of the resources contained in the Heritage
Area, including a list of any property in the Heritage Area that is
related to the themes of the Heritage Area and that should be
preserved, restored, managed, developed, or maintained because of
its natural, cultural, historic, recreational, or scenic
significance.
(2) A recommendation of policies of resource management which
consider and detail application of appropriate land and water
management techniques, including but not limited to, the
development of intergovernmental cooperative agreements to protect
the Heritage Area's historical, cultural, recreational, and natural
resources in a manner consistent with supporting appropriate and
compatible economic viability.
(3) A program for implementation of the management plan by the
management entities, including plans for restoration and
construction, and specific commitments of the identified partners
for the first 5 years of operation.
(4) An analysis of ways in which local, State, and Federal
programs may best be coordinated to promote the purposes of this
title.
(5) An interpretation plan for the Heritage Area.
SEC. 907. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITIES.
(a) Authorities of the Management Entities.--The management
entities may, for purposes of preparing and implementing the management
plan under section 906, use Federal funds made available through this
title--
(1) to make loans and grants to, and enter into cooperative
agreements with, States and their political subdivisions, private
organizations, or any person; and
(2) to hire and compensate staff.
(b) Duties of the Management Entities.--The management entities
shall--
(1) develop and submit to the Secretary for approval a
management plan as described in section 906 within 5 years after
the date of the enactment of this title.
(2) give priority to implementing actions as set forth in the
compact and the management plan, including taking steps to--
(A) assist units of government, regional planning
organizations, and nonprofit organizations in preserving the
Heritage Area;
(B) assist units of government, regional planning
organizations, and nonprofit organizations in establishing, and
maintaining interpretive exhibits in the Heritage Area;
(C) assist units of government, regional planning
organizations, and nonprofit organizations in developing
recreational resources in the Heritage Area;
(D) assist units of government, regional planning
organizations, and nonprofit organizations in increasing public
awareness of an appreciation for the natural, historical and
architectural resources and sites in the Heritage Area;
(E) assist units of government, regional planning
organizations and nonprofit organizations in the restoration of
any historic building relating to the themes of the Heritage
Area;
(F) encourage by appropriate means economic viability in
the corridor consistent with the goals of the plan;
(G) encourage local governments to adopt land use policies
consistent with the management of the Heritage Area and the
goals of the plan; and
(H) assist units of government, regional planning
organizations and nonprofit organizations to ensure that clear,
consistent, and environmentally appropriate signs identifying
access points and sites of interest are put in place throughout
the Heritage Area;
(3) consider the interests of diverse governmental, business,
and nonprofit groups within the Heritage Area;
(4) conduct public meetings at least quarterly regarding the
implementation of the management plan;
(5) submit substantial changes (including any increase of more
than 20 percent in the cost estimates for implementation) to the
management plan to the Secretary for the Secretary's approval;
(6) for any year in which Federal funds have been received
under this title, submit an annual report to the Secretary setting
forth its accomplishments, its expenses and income, and the
entities to which any loans and grants were made during the year
for which the report is made; and
(7) for any year in which Federal funds have been received
under this title, make available for audit all records pertaining
to the expenditure of such funds and any matching funds, and
require, for all agreements authorizing expenditure of Federal
funds by other organizations, that the receiving organizations make
available for audit all records pertaining to the expenditure of
such funds.
If a management plan is not submitted to the Secretary as required
under paragraph (1) within the specified time, the Heritage Area shall
no longer qualify for Federal funding.
(c) Prohibition on the Acquisition of Real Property.-- The
management entities may not use Federal funds received under this title
to acquire real propertyor an interest in real property. Nothing in
this title shall preclude any management entity from using Federal
funds from other sources for their permitted purposes.
(d) Eligibility for Receiving Financial Assistance.--
(1) Eligibility.--The management entities shall be eligible to
receive funds appropriated through this title for a period of 10
years after the day on which the compact under section 905 is
signed by the Secretary and the management entities, except as
provided in paragraph (2).
(2) Exception.--The management entities' eligibility for
funding under this title may be extended for a period of not more
than 5 additional years if--
(A) the management entities determine such extension is
necessary in order to carry out the purposes of this title and
notify the Secretary not later than 180 days prior to the
termination date;
(B) the management entities, not later than 180 days prior
to the termination date, present to the Secretary a plan of
their activities for the period of the extension, including
provisions for becoming independent of the funds made available
through this title; and
(C) the Secretary, with the advice of the Governor of New
York, approves such extension of funding.
SEC. 908. DUTIES AND AUTHORITIES OF FEDERAL AGENCIES.
(a) Duties and Authorities of the Secretary.--
(1) Technical and financial assistance.--
(A) In general.--The Secretary may, upon request of the
management entities, provide technical and financial assistance
to the Heritage Area to develop and implement the management
plan. In assisting the Heritage Area, the Secretary shall give
priority to actions that in general assist in--
(i) conserving the significant natural historic, and
cultural resources which support its themes; and
(ii) providing educational, interpretive, and
recreational opportunities consistent with its resources
and associated values.
(B) Spending for non-federally owned property.--The
Secretary may spend Federal funds directly on nonfederally
owned property to further the purposes of this title,
especially in assisting units of government in appropriate
treatment of districts, sites, buildings, structures, and
objects listed or eligible for listing on the National Register
of Historic Places.
(2) Approval and disapproval of compacts and management
plans.--
(A) In general.--The Secretary, in consultation with the
Governor of New York, shall approve or disapprove a compact or
management plan submitted under this title not later than 90
days after receiving such compact or management plan.
(B) Action following disapproval.--If the Secretary
disapproves a submitted compact or management plan, the
Secretary shall advise the management entities in writing of
the reasons therefor and shall make recommendations for
revisions in the compact or plan. The Secretary shall approve
or disapprove a proposed revision within 90 days after the date
it is submitted.
(3) Approving amendments.--The Secretary shall review
substantial amendments to the management plan for the Heritage
Area. Funds appropriated pursuant to this title may not be expended
to implement the changes until the Secretary approves the
amendments.
(4) Promulgating regulations.--The Secretary shall promulgate
such regulations as are necessary to carry out the purposes of this
title.
(b) Duties of Federal Entities.--Any Federal entity conducting or
supporting activities directly affecting the Heritage Area, and any
unit of government acting pursuant to a grant of Federal funds or a
Federal permit or agreement conducting or supporting such activities,
shall to the maximum extent practicable--
(1) consult with the Secretary and the management entities with
respect to such activities;
(2) cooperate with the Secretary and the management entities in
carrying out their duties under this title and coordinate such
activities with the carrying out of such duties; and
(3) conduct or support such activities in a manner consistent
with the management plan unless the Federal entity, after
consultation with the management entities, determines there is no
practicable alternative.
SEC. 909. AUTHORIZATION OF APPROPRIATIONS.
(a) Compacts and Management Plan.--There is authorized to be
appropriated to the Secretary, for grants for developing a compact
under section 905 and providing assistance for a management plan under
section 906, not more than $300,000, to remain available until
expended, subject to the following conditions:
(1) No grant for a compact or management plan may exceed 75
percent of the grantee's cost for such study or plan.
(2) The total amount of Federal funding for the compact for the
Heritage Area may not exceed $150,000.
(3) The total amount of Federal funding for a management plan
for the Heritage Area may not exceed $150,000.
(b) Management Entity Operations.--There is authorized to be
appropriated to the Secretary for the management entities, amounts as
follows:
(1) For the operating costs of each management entity, pursuant
to section 907, not more than $250,000 annually.
(2) For technical assistance pursuant to section 908, not more
than $50,000 annually.
The Federal contribution to the operations of the management entities
shall not exceed 50 percent of the annual operating costs of the
entities.
(c) Implementation.--There is authorized to be appropriated to the
Secretary, for grants (and the administration thereof) for the
implementation of the management plans for the Heritage Area pursuant
to section 908, not more than $10,000,000, to remain available until
expended, subject to the following conditions:
(1) No grant for implementation may exceed 50 percent of the
grantee's cost of implementation.
(2) Any payment made shall be subject to an agreement that
conversion, use, or disposal of the project so assisted for
purposes contrary to the purposes of this title, as determined by
the Secretary, shall result in a right of the United States of
reimbursement of all funds made available to such project or the
proportion of the increased value of the project attributable to
such funds as determined at the time of such conversion, use, or
disposal, whichever is greater.
SEC. 910. SUNSET.
The Secretary may not make any grant or provide any assistance
under this title after September 30, 2012.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.