[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 4236 Introduced in House (IH)]
104th CONGRESS
2d Session
H. R. 4236
To provide for the administration of certain Presidio properties at
minimal cost to the Federal taxpayer, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 27, 1996
Mr. Young of Alaska introduced the following bill; which was referred
to the Committee on Resources
_______________________________________________________________________
A BILL
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.
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. Conveyance of certain property to the State of Wyoming.
Sec. 214. Relinquishment of interest.
Sec. 215. Modoc National Forest.
Sec. 216. Conveyance to City of Sumpter, Oregon.
Sec. 217. Cumberland Gap National Historical Park.
Sec. 218. Shenandoah National Park.
Sec. 219. Tulare conveyance.
Sec. 220. Alpine School District.
Sec. 221. Merced Irrigation District land exchange.
Sec. 222. Father Aull site transfer.
Sec. 223. Coastal Barrier Resources System.
Sec. 224. 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. Land exchange with City of Greeley, Colorado, and the Water
Supply and Storage Company.
Sec. 312. Gates of the Artic National Park and Preserve Land Exchange
and Boundary Adjustment.
Sec. 313. Kenai Natives Association land exchange.
TITLE IV--RIVERS AND TRAILS
Sec. 401. Cache la Poudre corridor.
Sec. 402. Rio Puerco watershed.
Sec. 403. Old Spanish Trail.
Sec. 404. Great Western Scenic Trail.
Sec. 405. RS 2477.
Sec. 406. Hanford Reach Preservation.
Sec. 407. Lamprey Wild and Scenic River.
Sec. 408. West Virginia National Rivers Amendments of 1996.
Sec. 409. Technical amendment to the Wild and Scenic Rivers Act.
Sec. 410. 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 Historical Park.
Sec. 506. Black Patriots Memorial Extension.
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. Richmond National Battlefield Park.
Sec. 604. Revolutionary War and War of 1812 Historic Preservation
Study.
Sec. 605. American battlefield protection program.
Sec. 606. Chickamauga and Chattanooga National Military Parks.
Sec. 607. Shenandoah Valley battlefields.
Sec. 608. Washita Battlefield.
TITLE VII--FEES
Sec. 701. Ski area permit rental charge.
Sec. 702. Delaware water gap.
Sec. 703. Visitor services.
Sec. 704. 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. Katmai National Park Agreements.
Sec. 807. Carl Garner Federal Lands Cleanup Day.
Sec. 808. Fort Pulaski National Monument, Georgia.
Sec. 809. Laura C. Hudson Visitor Center.
Sec. 810. Robert J. Lagomarsino Visitor Center.
Sec. 811. Expenditure of funds outside authorized boundary of Rocky
Mountain National Park.
Sec. 812. Dayton aviation.
Sec. 813. Prohibition on certain transfers of national forest lands.
Sec. 814. Grand Lake Cemetery.
Sec. 815. National Park Service administrative reform.
Sec. 816. Mineral King addition permits.
Sec. 817. William B. Smullin Visitor Center.
Sec. 818. Calumet Ecological Park.
Sec. 819. Acquisition of certain property on Santa Cruz Island.
TITLE IX--HERITAGE AREAS
Sec. 901. Blackstone River Valley National Heritage Corridor.
Sec. 902. Illinois and Michigan Canal National Heritage Corridor.
Sec. 903. Feasibility study of the Champlain Valley and the Upper
Hudson River Valley.
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. Black Canyon of the Gunnison National Park complex.
Sec. 1022. National Park Foundation.
Sec. 1023. Recreation lakes.
Sec. 1024. Bisti/De-Na-Zin Wilderness expansion and fossil forest
protection.
Sec. 1025. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1026. Upper Klamath Basin ecological restoration projects.
Sec. 1027. Deschutes Basin ecosystem restoration projects.
Sec. 1028. Mount Hood Corridor land exchange.
Sec. 1029. Creation of the Coquille Forest.
Sec. 1030. Bull Run protection.
Sec. 1031. Oregon Islands Wilderness, additions.
Sec. 1032. Umpqua River land exchange study: policy and direction.
Sec. 1033. Boston Harbor Islands Recreation Area.
Sec. 1034. Natchez National Historical Park.
Sec. 1035. Substitution of timber for canceled timber sale.
Sec. 1036. Rural electric and telephone facilities.
Sec. 1037. Federal borough recognition.
Sec. 1038. Alternative processing.
Sec. 1039. Village land negotiations.
Sec. 1040. Unrecognized communities in Southeast Alaska.
Sec. 1041. Conveyance to Gross Brothers.
Sec. 1042. Regulation of fishing in certain waters of Alaska.
Sec. 1043. Credit for reconveyance.
Sec. 1044. Radio site report.
Sec. 1045. Management of existing dams and weirs.
Sec. 1046. University of Alaska land negotiation.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT
Sec. 1101. Program funding.
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 the 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
creditworthy 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 Golden Gate 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 be 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
noncontiguous 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 the national 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 term ``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 and the 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
Country, 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. CONVEYANCE OF CERTAIN PROPERTY TO THE STATE OF WYOMING.
(a) Conveyance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
convey to the State of Wyoming without reimbursement--
(A) all right, title, and interest of the United
States in and to the portion of the property commonly
known as ``Ranch A'' in Crook County, Wyoming, other
than the portion described in subparagraph (B),
consisting of approximately 600 acres of land
(including all real property, buildings, and all other
improvements to real property) and all personal
property (including art, historic light fixtures,
wildlife mounts, draperies, rugs, and furniture
directly related to the site, including personal
property on loan to museums and other entities at the
time of transfer); and
(B) all right, title, and interest of the United
States in and to all buildings and related improvements
and all personal property associated with the real
property described as Township 52 North, Range 61 West,
Section 24 N\1/2\ SE\1/4\, consisting of approximately
80 acres of land, including a permanent right of way to
allow the use of the improvements and personal property
as provided in subsection (b)(1).
(b) Use and Reversionary Interest.--
(1) Use.--The property conveyed to the State of Wyoming
under this section shall be retained in public ownership and be
used by the State for the purposes of--
(A) fish and wildlife management and educational
activities; and
(B) using, maintaining, displaying, and restoring,
through State or local agreements, or both, the museum-
quality real and personal property and the historical
interests and significance of the real and personal
property, consistent with applicable Federal and State
laws.
(2) Access by institutions of higher education.--The State
of Wyoming shall provide access to the property for
institutions of higher education at a compensation level that
is agreed to by the State and the institutions of higher
education.
(3) Reversion.--All right, title, and interest in and to
the property shall revert to the United States if--
(A) the property described in subsection (a) is not
used by the State of Wyoming for the purposes set forth
in paragraph (1);
(B) there is any development of the property
(including commercial or recreational development, but
not including the construction of small structures
strictly in accordance with paragraph (1)); or
(C) the State does not make every reasonable effort
to protect and maintain the quality and quantity of
fish and wildlife habitat on the property.
(c) Addition to the Black Hills National Forest.--
(1) Transfer.--Administrative jurisdiction of the real
property described in subsection (a)(1)(B) (excluding the
improvements and personal property conveyed to the State of
Wyoming) is transferred to the Secretary of Agriculture, to be
included in and managed as part of the Black Hills National
Forest.
(2) No hunting or mineral development.--No hunting or
mineral development shall be permitted on any of the land
transferred to the administrative jurisdiction of the Secretary
of Agriculture by paragraph (1).
SEC. 214. 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 (43 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. 215. 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 be the boundary of that National
Forest as of January 1, 1965.
SEC. 216. 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 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, then, 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. 217. 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
Cumberland Gap National Historical Park.
SEC. 218. SHENANDOAH NATIONAL PARK.
(a) In General.--The boundary of Shenandoah National Park is hereby
modified to include only those lands and interests therein that, on the
day before the date of the enactment of this Act, were in Federal
ownership and were administered by the Secretary of the Interior
(hereinafter in this title referred to as the ``Secretary'') as part of
the park. So much of the Act of May 22, 1926 (Chapter 363; 44 Stat.
616) as is inconsistent herewith is hereby repealed.
(b) Minor Boundary Adjustments.--
(1) Minor boundary adjustments.--The Secretary is
authorized to make minor adjustments to the boundary of
Shenandoah National Park, as modified by this section, to make
essential improvements to facilitate access to trailheads to
the park that exist on the day before the date of the enactment
of this Act. In addition, the Secretary may acquire or accept
donations of lands adjacent to the park for the purposes of
making minor boundary adjustments, whenever the Secretary
determines such lands would further the purposes of the park.
(2) Further limitations on minor boundary adjustments.--
(A) In general.--Except as otherwise provided in
this subsection, the Secretary may acquire lands and
interests therein under this subsection only--
(i) by donation, or exchange; and
(ii) with the consent of the owner.
(B) Additional restrictions.--When acting under
this subsection--
(i) the Secretary may add to the Shenandoah
National Park only lands and interests therein
that are contiguous with Federal lands
administered by the Secretary as part of the
park;
(ii) prior to accepting title to any lands
or interests therein, the Secretary shall hold
a public meeting in the county in which such
lands and interests are located;
(iii) the Secretary shall not alter the
primary means of access of any private
landowner to the lands owned by such landowner;
and
(iv) the Secretary shall not cause any
property owned by a private individual, or any
group of adjacent properties owned by private
individuals, to be surrounded on all sides by
land administered by the Secretary as part of
the park.
(C) Public land.--Lands or interests in land
located within the boundaries of a park owned by the
Commonwealth of Virginia or a political subdivision of
the Commonwealth of Virginia may be acquired by the
Secretary under this section only by donation or
exchange.
(D) No condemnation.--Under this section, the
Secretary may not accept a donation of land or an
interest in land that was acquired through
condemnation.
(c) Mitigation of Impacts at Access Points.--The Secretary shall
take all reasonable actions to mitigate the impacts associated with
visitor use at trailheads around the perimeter of Shenandoah National
Park. The Secretary shall enlist the cooperation of the State and local
jurisdictions, as appropriate, in carrying out this subsection.
(d) Comprehensive Boundary Study.--Within 3 years after the date of
enactment of this Act, the Secretary shall complete a comprehensive
boundary study for Shenandoah National Park in accordance with the
National Environmental Policy Act. The Secretary shall forward copies
of such study to the appropriate congressional committees.
SEC. 219. TULARE CONVEYANCE.
(a) In General.--Notwithstanding any other provision of law, and
subject to subsections (c), (d), and (e), the following conveyance is
hereby validated to the extent that the conveyances would have been
legal or valid if all right, title, and interest of the United States
had been held by the Southern Pacific Transportation Company at the
time of such conveyance:
(1) Conveyance of parcels from the lands described in
subsection (b) made by the Southern Pacific Transportation
Company or its subsidiaries, predecessors, successors, agents,
or assigns, on or before April 15, 1996.
(2) Conveyance of parcels from the lands described in
paragraphs (1) and (2) of subsection (b) made after April 15,
1996, by the Southern Pacific Transportation Company, or its
successors, agents, or assigns, to the Redevelopment Agency of
the city of Tulare.
(b) Lands Described.--The lands referred to in subsection (a) are
the lands that--
(1) formed part of a railroad right-of-way granted to the
Southern Pacific Railroad Company, or its successors, agents,
or assigns, by the Federal Government; and
(2) are located within the boundaries of Amended Urban
Renewal Plan for California A-8-1 (the Downtown Plan) adopted
by the city of Tulare, California, generally depicted on the
map entitled ``Amended Urban Renewal Plan for California A-8-
1'', dated March 7, 1989.
The map referred to in paragraph (2) shall be on file and available for
public inspection in the offices of the director of the Bureau of Land
Management.
(c) Minerals.--(1) The United States hereby reserves any federally
owned minerals that may exist in land that is conveyed pursuant to this
section, including the right of the United States, its assignees or
lessees, to enter upon and utilize as much of the surface of such land
as is necessary to remove minerals under the laws of the United States.
(2) Any and all minerals reserved by paragraph (1) are hereby
withdrawn from all forms of entry, appropriation, and patent under the
mining, mineral leasing, and geothermal leasing laws of the United
States.
(d) Taking of Private Land.--If the validation of any conveyance
pursuant to subsection (a) would constitute a taking of the private
property within the meaning of the Fifth Amendment to the United States
Constitution, the validation of the conveyance shall be effective only
upon payment by the Southern Pacific Transportation Company (or its
subsidiaries, successors, agents, or assigns) to the Secretary of the
Treasury of the fair market value of the property taken.
(e) Preservation of Existing Rights of Access.--Nothing in this
section shall impair any existing rights of access in favor of the
public or any owner of adjacent lands over, under or across the lands
which are referred to in subsection (a).
SEC. 220. 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) as the Secretary considers appropriate to protect
the interests of the United States.
SEC. 221. 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. 222. 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. 223. 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 maps are
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. 224. 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 seconds 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-renter 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 purpose 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 National Park 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 as 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 interests 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 those lands 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, 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 to 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.
(d) Certain Conveyances.--In establishing a Settlement Trust under
section 39 of such 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 of 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. 4601-9), 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 (hereinafter 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 Interests.--
(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 existing
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 Committees 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 Weyerhaeuser 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 the 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
lands and interests therein depicted for conveyance to
Weyerhaeuser 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 Weyerhaeuser 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 1966 (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 1966 (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 or 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 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-harvest activities 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 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,
including any 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 San 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. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND THE WATER
SUPPLY AND STORAGE COMPANY.
(a) Land Exchange.--
(1) In general.--If the city of Greeley, Colorado, and The
Water Supply and Storage Company, a Colorado mutual ditch
company, offer to transfer all their right, title, and interest
in and to the Rockwell Ranch property and Timberline Lake
property, and The Water Supply and Storage Company designated
lands, all described in paragraph (2), the Secretary of
Agriculture shall, in exchange for such property, transfer to
the city and to the company, as they each shall designate, all
right, title, and interest of the United States, including the
mineral estate, in and to the Federal lands described in
paragraph (3) within 12 months of the date of the city's and
company's offer.
(2) City and company lands.--
(A) The city and company lands to be exchanged
under this subsection are these lands depicted on maps
entitled ``Rockwell Ranch Property Land Exchange'' and
``Timberline Lake Property'' and ``Cameron Pass Lands''
dated July 26, 1996.
(B) The Rockwell Ranch property is comprised of 4
parcels containing approximately 520 acres of lands.
(C) The Timberline Lake Property is a parcel of
approximately 10 acres located in the Comanche Peak
Wilderness which shall be conveyed by quit claim deed
for the purposes of eliminating any future title
conflict between the city of Greeley and the United
States in regard to the property.
(D) The Cameron Pass Lands consist of 2 parcels
totaling approximately 178 acres owned by The Water
Supply and Storage Company.
(3) Federal lands to be exchanged.--The Federal lands to be
exchanged under this subsection are those lands depicted on the
maps referred to in paragraph (2) as ``Federal Exchange
Lands''. The total area of Federal lands to be exchanged is
approximately 1,176 acres, including approximately 447 acres
occupied by the city and the company under perpetual easements
of the United States Department of the Interior, Numbers D-
028135 and D-029149. The Federal lands to be exchanged include
the following:
(A) All Federal land within the high water contour
lines of the following existing reservoirs: Barnes
Meadow, Chambers Lake, Comanche, Hourglass, Long Draw,
Milton Seaman, Peterson Lake, and Twin Lakes, together
with their dams and structures. The high water line is
defined as the elevation at the dam crest of each
reservoir.
(B) A surcharge and operational access area around
each reservoir consisting of an average 50 foot
horizontal projection from the high water line and an
average 100 foot horizontal projection from the outer
perimeter of all dams and appurtenant structures,
including but not limited to, outlets, measuring
devices, spillways, wasteways, toe drains, canals,
abutments, and the Peterson Lake operations cabin, as
generally depicted on such map. The access area to the
east of Long Draw Reservoir will be limited to the
extent necessary to convey only those lands within the
boundary of the National Forest.
(C) Those Federal lands which would be occupied by
an enlargement of Seaman Reservoir to an approximate
capacity of 43,000 acre feet (but not to exceed 50,000
acre feet), including an average 50 foot horizontally
projected buffer zone around the enlarged water line
and structures, and an 80-acre parcel of Federal land
south of Seaman Reservoir potentially required for a
downstream damsite on the North Fork of the Cache la
Poudre River, as generally depicted on such map.
(b) Terms and Conditions Relating to Land Exchange.--The land
exchange under subsection (a) shall be processed in accordance with
Forest Service Land Exchange Regulations in part 254 of title 36, Code
of Federal Regulations, subpart A subject to the direction in
subsection (a) and the following terms and conditions:
(1) The United States shall grant perpetual access
easements to the city of Greeley and to The Water Supply and
Storage Company to the lands conveyed by the United States
under subsection (a) as part of the consideration of this
exchange. The United States shall reserve easements for all
designated roads and trails crossing any Federal lands to be
conveyed that are necessary to assure public access to
adjoining National Forest lands.
(2) The city of Greeley, Colorado, and The Water Supply and
Storage Company shall continue to make the following facilities
accessible to visitors to the Roosevelt National Forest:
Chambers, Long Draw, Peterson, Barnes Meadow, Comanche, Seaman
and Twin Lakes Reservoirs, under rules and restrictions as
determined by the city and the company.
(3)(A) All special use permits and/or easements or other
instruments authorizing occupancy of the Federal lands
identified in subsection (a)(3) are rescinded upon completion
of the exchange.
(B) The conditions specified in the December 28, 1994, and
the January 4, 1995, easements for Long Draw, Peterson Lake and
Barnes Meadow Reservoirs requiring a joint operations plan
providing instream winter flows to the mainstream of the Cache
La Poudre River from Chambers Lake and Barnes Meadow shall
continue to be fulfilled regardless of land ownership unless
mutually agreed otherwise.
(C) No further consultation with the United States Fish and
Wildlife Service shall be required for completion of this land
exchange.
(D) No additional conditions, including instream or bypass
flow requirements, shall be required as a condition of this
land exchange.
(4) The exchange under subsection (a) does not include any
water right owned by the city of Greeley, Colorado, or The
Water Supply and Storage Company, except as provided in
paragraph (5).
(5) The city of Greeley's one-half interest in the
following rights associated with the Rockwell Ranch property,
to wit: Rockwell Ditches No. 1 in the volume of 1.2 c.f.s., No.
2 in the volume of 1.7 c.f.s., No. 3 in the volume of 2.68
c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the volume
of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s., diverting
from the South Fork of the Cache la Poudre River, and its tributaries,
Little Beaver Creek and the North Fork of Little Beaver Creek, and all
with the appropriation date of December 31, 1888, shall be dedicated to
the Colorado Water Conservation Board in perpetuity for the instream
flow program of the State of Colorado upon completion of the exchange
in accordance with substantive and procedural requirements of the laws
of Colorado.
(6) The Federal Exchange Lands to be exchanged under
subsection (a) shall be conveyed to the city of Greeley and to
The Water Supply and Storage Company by means of a land
exchange deed issued by an authorized officer of the United
States Department of Agriculture, Forest Service, and
notwithstanding any other requirements of law, the Secretary of
Agriculture is authorized to conduct and approve all cadastral
surveys necessary for completion of the exchange.
(7) Values of the respective lands exchanged between the
United States and the city of Greeley and The Water Supply and
Storage Company pursuant to subsection (a) are deemed to be of
approximately equal value, without any need for cash
equalization, as based on statements of value prepared by a
qualified Forest Service Review Appraiser.
(8) It is recognized that some Federal lands to be conveyed
to the city of Greeley and The Water Supply and Storage Company
will create new holdings in otherwise consolidated areas of
Federal ownership. If the city or the company decide to
permanently discontinue reservoir operations on any of the
properties acquired through this exchange, the United States
Forest Service, Arapaho-Roosevelt National Forest Supervisor
shall be advised of the intent to perform nonreconstructive
breaching of the dam for purposes of permanently terminating
reservoir operations. Upon such notification, the United States
Forest Service will be afforded the opportunity to reacquire
property at fair market value or exchange or upon such other
terms and conditions as the parties may agree for a period of
time not to exceed one year.
(9) The Federal lands to be exchanged under subsection (a),
with the exception of the Seaman Reservoir enlargement area and
potential new damsite below Seaman Reservoir on the North Fork
of the Cache la Poudre River, are already fully developed and
authorized for occupancy by the city of Greeley and The Water
Supply and Storage Company. Therefore, this land exchange may
be completed without further inventory or consultation under
the National Historic Preservation Act. Should the city of
Greeley seek enlargement of Seaman Reservoir or construction of
a new dam on the North Fork of the Poudre River below Seaman
Reservoir for a Seaman Reservoir Enlargement, the site will be
subject to all Federal statutes and regulations applicable at
the time of proposed construction.
(10) The Forest Service shall grant a 20-year easement to
the city of Greeley for use of the existing cabin in the north
half of the southwest quarter of Section 30, Township 8 North,
Range 72 West. The easement shall allow the use of the cabin,
other improvements, and access to the forest lands nearby. The
access road shall be available for city employees to access the
cabin for recreational purposes and to the United States Forest
Service for administrative purposes.
(11) The Forest Service shall grant a 20-year easement to
the city of Greeley for use of approximately 1 acre of land
under the existing cabin in the vicinity of Jacks Gulch
Campground on Pingree Road as depicted on the attached map. The
easement shall include the administrative use of the access
road to the cabin and the reservation of the use of the cabin
to those permitted under the existing special use permit.
(c) Administration of Lands Acquired by the United States.--The
Rockwell Ranch, Timberline Lake, and Cameron Pass Lands acquired by the
United States under this section shall be added to and administered as
part of the Roosevelt National Forest. Those portions of such property
located within a wilderness area shall be added to and administered as
part of the wilderness area.
(d) Boundary Modification of the Arapaho National Forest and
Roosevelt National Forest.--
(1) In general.--In order to provide for more efficient
administration of certain Federal lands adjoining the Arapaho
National Forest and Roosevelt National Forest, the exterior
boundary of the Arapaho Forest is hereby modified as shown on
Department of Agriculture, Forest Service map entitled
``Boundary Modification, Arapaho National Forest'' dated
December 22, 1991, and the exterior boundary of the Roosevelt
Forest is hereby modified as shown on Department of
Agriculture, Forest Service map entitled ``Boundary
Modification, Roosevelt National Forest'', dated August 15, 1995. The
maps and a legal description of the boundary changes shall be on file
and available for public inspection in the offices of the Chief of the
Forest Service and appropriate field offices.
(2) Administration.--All Federal lands brought within the
boundary of the Arapaho National Forest and Roosevelt National
Forest by this section are hereby added to the Arapaho National
Forest and Roosevelt National Forest, respectively, and shall
be administered in accordance with the laws, rules, and
regulations applicable to the National Forest System.
(3) Availability of certain lands.--For the purpose of
section 7 of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-9), the boundary of the Arapaho National Forest and
Roosevelt National Forest, as modified by this subsection,
shall be treated as if it were the boundary of that forest as
of January 1, 1965.
SEC. 312. GATES OF THE ARCTIC NATIONAL PARK AND PRESERVE LAND EXCHANGE
AND BOUNDARY ADJUSTMENT.
(a) Acquisition and Exchange Authority: Killik River Ecosystem.--
(1) The Secretary of the Interior (hereinafter in this section referred
to as the ``Secretary'') is authorized to acquire by exchange certain
lands which have been or may hereafter be conveyed to the Arctic Slope
Regional Corporation pursuant to the provisions of the Alaska Native
Claims Settlement Act and the State of Alaska pursuant to the Alaska
Statehood Act. These lands consist of--
(A) approximately 1,270,000 acres of Arctic Slope Regional
Corporation lands and are depicted on a map entitled ``Arctic
Slope Regional Corporation Killik River Ecosystem Lands'',
dated July 1996, appended to which is a legal description of
such lands; and
(B) up to 1,270,000 acres selected by the State of Alaska
pursuant to the Alaska Statehood Act, consisting of--
(i) approximately 750,000 acres of State of Alaska
lands in the Killik River Ecosystem which are depicted
on a map entitled ``Study of Potential Addition of
State of Alaska and Other Lands, by Exchange, to the
Gates of the Arctic Park''; and
(ii) the remainder being other State of Alaska
lands which are acceptable to the Secretary.
The Killik River Ecosystem map and the Study of Potential
Addition map are on file at the Alaska Regional Office of the
National Park Service and the offices of the Gates of the
Arctic National Park and Preserve in Fairbanks, Alaska.
(2) The private lands described in subparagraphs (A) and (B)(i) of
paragraph (1) may be acquired for addition to the Gates of the Arctic
National Preserve with the consent of the owners, the Arctic Slope
Regional Corporation, or the State of Alaska, respectively. Upon
acquisition by the Secretary, such lands shall become, and be
administered as, a part of Gates of the Arctic National Preserve to the
same extent as if the lands were included within the boundaries of the
Preserve by the provisions of section 201(4) of the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).
(b) Acquisition and Exchange Authority: Ogotoruk Creek Lands
Contaminated by Undisclosed Nuclear Testing.--(1) The Secretary of the
Interior is authorized to acquire by exchange certain additional lands
which have been or may hereafter be conveyed to the Arctic Slope
Regional Corporation pursuant to the provisions of the Alaska Native
Claims Settlement Act. These lands consist of approximately 204,860
acres and are depicted on a map entitled ``Arctic Slope Regional
Corporation Ogotoruk Creek Lands Contaminated by Undisclosed Nuclear
Testing'', dated July 1996, appended to which is a legal description of
such lands. The Ogotoruk Creek Lands map is on file at the Alaska State
Office of the Bureau of Land Management.
(2) The lands described in paragraph (1) were selected by the
Arctic Slope Regional Corporation under the Alaska Native Claims
Settlement Act for use as a transportation corridor, without any
disclosure by the Department of the Interior that the southern portion
of these lands had been the subject of nuclear tests conducted by the
United States prior to selection by the Arctic Slope Regional
Corporation. The Arctic Slope Regional Corporation selected these lands
with no knowledge of the nuclear tests that had been conducted on these
lands, and the Inupiat Eskimo shareholders of the Arctic Slope Regional
Corporation believe that the radiation tests have caused physical
injury to some of the shareholders, and therefore desire to exchange
these lands. The private lands described in paragraph (1) may be
acquired by the Secretary with the consent of the Arctic Slope Regional
Corporation. Upon acquisition by the Secretary, such lands shall become
public lands except that, to the extent such lands are located within
the exterior boundaries of the Alaska Maritime National Wildlife
Refuge--Chukchi Sea Unit, such lands shall become, and be administered
by the Secretary as, a part of such unit of the National Wildlife
Refuge System.
(c) Other Lands.--To facilitate the exchanges authorized by this
section, the Secretary is authorized to make available to the Arctic
Slope Regional Corporation and to the State of Alaska lands, or
interests therein, from public lands within the 23,000,000 acre
National Petroleum Reserve-Alaska. The Arctic Slope Regional
Corporation was precluded from making land selections, under the terms
of the Alaska Native Claims Settlement Act, from the National Petroleum
Reserve-Alaska. The State of Alaska was precluded from making land
selections, under the terms of the Alaska Statehood Act, from the
National Petroleum Reserve-Alaska. Since 1980, the Federal policy with
respect to the National Petroleum Reserve-Alaska has been changed, and
this area has been opened to oil and gas leasing.
(d) Withdrawal.--(1) To facilitate the land exchanges authorized by
this section, the Secretary is authorized to withdraw, subject to valid
existing rights, from all forms of appropriation under the public land
laws, including the mining and mineral leasing laws, lands identified
for acquisition through an exchange under this section by written
notices submitted no later than 120 days after enactment of this Act,
to the Secretary by the Arctic Slope Regional Corporation and the State
of Alaska.
(2) The Arctic Slope Regional Corporation is authorized to identify
by notice for withdrawal pursuant to paragraph (1) not more than twice
the number of acres of private land identified for exchange in
subsections (a) and (b).
(3) The State of Alaska is authorized to identify by notice for
withdrawal pursuant to paragraph (1) not more than twice the number of
acres of State of Alaska land identified for exchange in subsection
(a).
(4) In the event of any overlap of lands identified for withdrawal
and potential acquisition by the Arctic Slope Regional Corporation and
the State of Alaska, the Secretary shall request an identification by
the Arctic Slope Regional Corporation of one township of land (23,040
acres) within the area of overlap and such township shall be available
only for acquisition by the Arctic Slope Regional Corporation.
Thereafter, the Secretary shall request an identification by the State
of Alaska of one township of land within the area of overlap and such
township shall be available only for acquisition by the State of
Alaska. Thereafter, the Secretary shall request alternating
identifications by the Arctic Slope Regional Corporation and by the
State of Alaska of one township of land within the area of overlap
until all lands within the area of overlap shall have been identified
by either the Arctic Slope Regional Corporation or the State of Alaska.
(5) The withdrawal of lands required pursuant to paragraph (1)
shall terminate either upon the consummation of land exchanges with the
Arctic Slope Regional Corporation and the State of Alaska or upon the
expiration of a period of 3 years from the date of the withdrawal,
whichever first occurs: Provided, That the Secretary may terminate the
withdrawal of any lands withdrawn under this subsection whenever the
Secretary and the party identifying such lands for withdrawal mutually
agree to exclude such lands from further consideration for exchange
under this section; and: Provided further, That the Secretary may
conduct activities preparatory to leasing oil and gas on lands
withdrawn pursuant to this subsection.
(e) Other Laws.--Land exchanges authorized under this section shall
be consummated in accordance with the provisions of this section,
section 22(f) of the Alaska Native Claims Settlement Act (43 U.S.C.
1601, 1621(f)), and section 1302(h) of the Alaska National Interest
Lands Conservation Act, and all of the lands, or interests therein,
conveyed to and received by the Arctic Slope Regional Corporation
pursuant to an exchange authorized by subsections (a) and (b) of this
section shall be deemed conveyed and received pursuant to an exchange
under section 22(f) of the Alaska Native Claims Settlement Act (43
U.S.C. 1601, 1621(f)).
(f) Other Uses.--Subsistence, cultural, traditional, and other uses
of the Arctic Slope Regional Corporation's shareholders and local
residents on the lands to be acquired under subsections (a) and (b)
shall continue to be permitted.
(g) Authorization.--There are hereby authorized to be appropriated
such sums as are necessary to carry out the purposes of this section.
SEC. 313. KENAI NATIVES ASSOCIATION LAND EXCHANGE.
(a) Purpose.--The purpose of this section is to authorize and
direct the Secretary, at the election of the Kenai Natives Association,
to complete the conveyances provided for in this section.
(b) Definitions.--For purposes of this section--
(1) the term ``ANCSA'' means the Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
(2) the term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act (Public Law 96-487; 94 Stat. 2371 et
seq.);
(3) the term ``conservation system unit'' has the same
meaning as in section 102(4) of ANILCA (16 U.S.C. 3102 (4));
(4) the term ``CIRI'' means Cook Inlet Region, Inc., a
Native Regional Corporation incorporated in the State of Alaska
pursuant to the terms of ANCSA;
(5) the term ``EVOS'' means the Exxon Valdez oil spill;
(6) the term ``KNA'' means the Kenai Natives Association,
Inc., an urban corporation incorporated in the State of Alaska
pursuant to the terms of ANCSA;
(7) the term ``lands'' means any lands, waters, or
interests therein;
(8) the term ``Refuge'' means the Kenai National Wildlife
Refuge;
(9) the term ``Secretary'' means the Secretary of the
Interior;
(10) the term ``Service'' means the United States Fish and
Wildlife Service; and
(11) the term ``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).
(c) Acquisition of Lands.--
(1) Offer to kna.--
(A) In general.--Subject to the availability of
funds identified in paragraph (2)(C), no later than 90
days after the date of enactment of this Act, 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 turn 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--
(I) KNA's selection known as the
Moose River Selected Tract, containing
approximately 753 acres located along
the Moose River;
(II) KNA's remaining ANCSA
entitlement of approximately 454 acres;
and
(III) all KNA's remaining over
selections.
Upon completion of all relinquishments
specified in this paragraph, all KNA's
entitlement shall be deemed to be extinguished
and the completion of this acquisition shall
satisfy all KNA's ANCSA acreage entitlement.
(iv) The conveyance of an access easement
providing the United States and its assigns
access across KNA's surface estate in SW\1/4\
of section 21, T.6N., R.9W., Seward Meridian,
Alaska.
(v) 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 2934, and known as
the old Fish and Wildlife Service Headquarters
site.
(ii) The remaining subsurface estate held
by the United States to approximately 13,811
acres, including portions of 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 section. The conveyance of these
subsurface interests shall be subject to the
rights and obligations of CIRI to the coal,
oil, and gas, and to all rights and obligations
of 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 its
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.6N., R.9W., 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 subsection (d)(1)(A). 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
described in subparagraph (B) 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)(A), 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.
(d) General Provisions.--
(1) Removal of kna lands from the national wildlife refuge
system.--
(A) In general.--Effective on the date of closing
for the Acquisition Lands identified in subsection
(c)(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 subsection (b)(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.
(B) Agreement.--(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 clause (i), solely for the purposes of
administering CIRI's rights and obligations 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.
(C) Authorization.--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.
(D) Certain ciri and kna rights.--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
subsection (c)(1)(C), 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.
(E) Certain in-lieu subsurface entitlement.--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.
(e) Maps and Legal Descriptions.--Maps and a legal description of
the lands described above in subsection (c)(2) 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 subsection (c)(2)(A)(v). Such
maps and legal description shall have the same force and effect as if
included in this section, except that the Secretary may correct
clerical and typographical errors.
(f) 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.
(g) Final Maps.--Not later than 120 days after the conclusion of
the acquisition authorized by subsection (c), 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.
(h) Adjustments to National Wilderness System.--Upon acquisition of
lands by the United States pursuant to subsection (c)(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
in accordance with the applicable provisions of the Wilderness Act and
ANILCA.
(i) Designation of Lake Todatonen Special Management Area.--To
offset the removal of KNA lands from the Refuge System, the Secretary
is hereby authorized to withdraw, subject to valid existing rights, and
to create as a special management unit for uses other than Wilderness,
including the protection of fish, wildlife, and habitat, certain
unappropriated and unreserved public lands, totaling approximately
15,500 acres adjacent to the west boundary of the Kanuti National
Wildlife Refuge to be known as the ``Lake Todatonten Special Management
Area'', from the 37,000 acres 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. Such withdrawal shall not
include any validly selected land by the State of Alaska or Alaska
Native Corporation or any lands that the Secretary determines has
mineral potential based on surveys conducted or to be conducted by the
United States Geological Survey. Such withdrawals shall not occur,
however, until the Secretary has complied with the requirements of
subparagraphs (1) through (12) of paragraph 204(c)(2) of FLPMA. The
Secretary may study the remaining lands within the area depicted on the
map for future potential withdrawal pursuant to section 204 of FLPMA.
(j) Management.--
(1) Such designation is subject to all valid existing
rights including R.S. 2477 Rights-of-Way, as well as the
subsistence preferences provided under title VIII of ANILCA.
(2)(A) 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.
(B) Members of the Committee shall serve without pay.
(C) 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.
(k) Access.--The Secretary shall allow the following:
(1) 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 Special Management Area.
(2) Section 1110 of ANILCA shall apply to the Special
Management Area.
(l) Secretarial Order and Maps.--The Secretary shall file with the
Committee on Resources of the United States House of Representatives
and the Committee and Energy and Natural Resources of the United States
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.
(m) 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. CACHE LA POUDRE CORRIDOR.
(a) Purpose.--The purpose of this section is to designate the Cache
La Poudre Corridor within the Cache La Poudre River Basin and to
provide for the interpretation, for the educational and inspirational
benefit of present and future generations, of the unique and
significant contributions to our national heritage of cultural and
historical lands, waterways, and structures within the Area.
(b) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the Cache La
Poudre Corridor Commission established by subsection (f)(1).
(2) Corridor.--The term ``Corridor'' means the Cache La
Poudre Corridor established by section 401(c).
(3) Governor.--The term ``Governor'' means the Governor of
the State of Colorado.
(4) Plan.--The term ``Plan'' means the interpretation plan
prepared by the Commission pursuant to subsection (j)(1).
(5) Political subdivision of the state.--The term
``political subdivision of the State'' means a political
subdivision of the State of Colorado, any part of which is
located in or adjacent to the Corridor, including a county,
city, town, water conservancy district, or special district.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--There is established in the State of Colorado
the Cache La Poudre Corridor.
(d) Boundaries.--The boundaries of this Corridor shall include
those lands within the 100-year flood plain of the Cache La Poudre
River Basin, beginning at a point where the Cache La Poudre River flows
out of the Roosevelt National Forest and continuing east along said
floodplain to a point one quarter of one mile west of the confluence of
the Cache La Poudre River and the South Platte Rivers in Weld County,
Colorado, comprising less than 35,000 acres, and generally depicted as
the 100-year flood boundary on the Federal Flood Insurance maps listed
below:
(1) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0146B, April 2, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(2) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0147B, April 2, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(3) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0162B, April 2, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(4) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0163C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance Administration.
(5) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0178C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance Administration.
(6) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080102 0002B, February 15, 1984. Federal
Emergency Management Agency, Federal Insurance Administration.
(7) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0179C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance Administration.
(8) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0193D, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(9) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0194D, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(10) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0208C, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(11) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0221C, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance Administration.
(12) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0605D, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance Administration.
(13) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080264 0005A, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance Administration.
(14) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0608D, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance Administration.
(15) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0609C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
(16) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0628C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
(17) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080184 0002B, July 16, 1979. United States
Department of Housing and Urban Development, Federal Insurance
Administration.
(18) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0636C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
(19) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0637C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance Administration.
As soon as practicable after the date of enactment of this Act, the
Secretary shall publish in the Federal Register a detailed description
and map of the boundaries of the Corridor.
(e) Public Access to Maps.--The maps shall be on file and available
for public inspection in--
(1) the offices of the Department of the Interior in
Washington, District of Columbia, and Denver, Colorado; and
(2) local offices of the city of Fort Collins, Larimer
Country, the city of Greeley, and Weld County.
(f) Establishment of the Cache La Poudre Corridor Commission.--
(1) Establishment.--
(A) In general.--There is established the Cache La
Poudre Corridor Commission.
(B) Function.--The Commission, in consultation with
appropriate Federal, State, and local authorities,
shall develop and implement an integrated plan to
interpret elements of the history of water development
within the Corridor.
(2) Membership.--The Commission shall be composed of 15
members appointed not later than 6 months after the date of
enactment of this title. Of these 15 members--
(A) 1 member shall be a representative of the
Secretary of the Interior which member shall be an ex
officio member;
(B) 1 member shall be a representative of the
Forest Service, appointed by the Secretary of
Agriculture, which member shall be an ex officio
member;
(C) 3 members shall be recommended by the Governor
and appointed by the Secretary, of whom--
(i) 1 member shall represent the State;
(ii) 1 member shall represent Colorado
State University in Fort Collins; and
(iii) 1 member shall represent the Northern
Colorado Water Conservancy District;
(iv) 6 members shall be representatives of
local governments who are recommended by the
Governor and appointed by the Secretary, of
whom--
(I) 1 member shall represent the
city of Fort Collins;
(II) 2 members shall represent
Larimer County, 1 of which shall
represent agriculture or irrigated
water interests;
(III) 1 member shall represent the
city of Greeley;
(IV) 2 members shall represent Weld
County, 1 of which shall represent
agricultural or irrigated water
interests; and
(V) 1 member shall represent the
city of Loveland; and
(v) 3 members shall be recommended by the
Governor and appointed by the Secretary, and
shall--
(I) represent the general public;
(II) be citizens of the State; and
(III) reside within the Area.
(3) Chairperson.--The chairperson of the Commission shall
be elected by the members of the Commission from among members
appointed under clauses (iiii), (iv), or (v) of subparagraph
(A). The chairperson shall be elected for a 2-year term.
(4) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was made.
(5) Terms of service.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), each member of the
Commission shall be appointed for a term of 3 years and
may be reappointed.
(B) Initial members.--The initial members of the
Commission first appointed under paragraph (2)(A) shall
be appointed as follows:
(i) 3-year terms.--The following initial
members shall serve for a 3-year term:
(I) The representative of the
Secretary of the Interior.
(II) 1 representative of Weld
County.
(III) 1 representative of Larimer
County.
(IV) 1 representative of the city
of Loveland.
(V) 1 representative of the general
public.
(ii) 2-year terms.--The following initial
members shall serve for a 2-year term:
(I) The representative of the
Forest Service.
(II) The representative of the
State.
(III) The representative of
Colorado State University.
(IV) The representative of the
Northern Colorado Water Conservancy
District.
(iii) 1-year terms.--The following initial
members shall serve for a 1-year term:
(I) 1 representative of the city of
Fort Collins.
(II) 1 representative of Larimer
County.
(III) 1 representative of the city
of Greeley.
(IV) 1 representative of Weld
County.
(V) 1 representative of the general
public.
(C) Partial terms.--
(i) Filling vacancies.--A member of the
Commission appointed to fill a vacancy
occurring before the expiration of the term for
which a predecessor was appointed shall be
appointed only for the remainder of their term.
(ii) Extended service.--A member of the
Commission may serve after the expiration of
that member's term until a successor has taken
office.
(6) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission.
(7) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, 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.
(g) Staff of the Commission.--
(1) Staff.--The Commission shall have the power to appoint
and fix the compensation of such staff as may be necessary to
carry out the duties of the Commission.
(A) Appointment and compensation.--Staff appointed
by the Commission--
(i) shall be appointed without regard to
the civil service laws and regulations; and
(ii) shall be compensated without regard to
the provisions of chapter 51 and subchapter III
of chapter 53 of title 5, United States Code,
relating to classification of positions and
General Schedule pay rates.
(2) Experts and consultants.--Subject to such rules as may
be adopted by the Commission, the Commission may procure
temporary and intermittent services to the same extent as is
authorized by section 3109(b) of title 5, United States Code,
at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for level
V of the Executive Schedule under section 5316 of such title.
(3) Staff of other agencies.--
(A) Federal.--Upon request of the Commission, the
head of a Federal agency may detail, on a reimbursement
basis, any of the personnel of the agency to the
Commission to assist the Commission in carrying out the
Commission's duties. The detail shall be without
interruption or loss of civil service status or
privilege.
(B) Administrative support services.--The
Administrator of the General Services Administration
shall provide to the Commission, on a reimbursable
basis, such administrative support services as the
Commission may request.
(C) State.--The Commission may--
(i) accept the service of personnel
detailed from the State, State agencies, and
political subdivisions of the State; and
(ii) reimburse the State, State agency, or
political subdivision of the State for such
services.
(h) Powers of the Commission.--
(1) Hearings.--
(A) In general.--The Commission may hold such
hearings, sit and act at such times and places, take
such testimony, and receive such evidence as the
Commission considers necessary to carry out this title.
(B) Subpoenas.--The Commission may not issue
subpoenas or exercise any subpoena authority.
(2) 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 Federal Government.
(3) Matching funds.--The Commission may use its funds to
obtain money from any source under a program or law requiring
the recipient of the money to make a contribution in order to
receive the money.
(4) Gifts.--
(A) In general.--Except as provided in subsection
(e)(3), the Commission may, for the purpose of carrying
out its duties, seek, accept, and dispose of gifts,
bequests, or donations of money, personal property, or
services received from any source.
(5) Real property.--
(A) In general.--Except as provided in subparagraph
(B), the Commission may not acquire real property or an
interest in real property.
(B) Exception.--Subject to subparagraph (C), the
Commission may acquire real property in the Corridor,
and interests in real property in the Corridor--
(i) by gift or device;
(ii) by purchase from a willing seller with
money that was given or bequeathed to the
Commission; or
(iii) by exchange.
(C) Conveyance to public agencies.--Any real
property or interest in real property acquired by the
Commission under subparagraph (B) shall be conveyed by
the Commission to an appropriate non-Federal public
agency, as determined by the Commission. The conveyance
shall be made--
(i) as soon as practicable after
acquisition;
(ii) without consideration; and
(iii) on the condition that the real
property or interest in real property so
conveyed is used in furtherance of the purpose
for which the Area is established.
(6) Cooperative agreements.--For the purpose of carrying
out the Plan, the Commission may enter into cooperative
agreements with Federal agencies, State agencies, political
subdivisions of the State, and persons. Any such cooperative
agreement shall, at a minimum, establish procedures for
providing notice to the Commission of any action that may
affect the implementation of the Plan.
(7) Advisory groups.--The Commission may establish such
advisory groups as it considers necessary to ensure open
communication with, and assistance from Federal agencies, State
agencies, political subdivisions of the State, and interested
persons.
(8) Modification of plans.--
(A) In general.--The Commission may modify the Plan
if the Commission determines that such modification is
necessary to carry out this section.
(B) Notice.--No modification shall take effect
until--
(i) any Federal agency, State agency, or
political subdivision of the State that may be
affected by the modification receives adequate
notice of, and an opportunity to comment on,
the modification;
(ii) if the modification is significant, as
determined by the Commission, the Commission
has--
(I) provided adequate notice of the
modification by publication in the area
of the Corridor; and
(II) conducted a public hearing
with respect to the modification; and
(III) the Governor has approved the
modification.
(i) Duties of the Commission.--
(1) Plan.--The Commission shall prepare, obtain approval
for, implement, and support the Plan in accordance with
subsection (j).
(2) Meetings.--
(A) Timing.--
(i) Initial meeting.--The Commission shall
hold its first meeting not later than 90 days
after the date on which its last initial member
is appointed.
(ii) Subsequent meetings.--After the
initial meeting, the Commission shall meet at
the call of the chairperson or 7 of its
members, except that the Commission shall meet
at least quarterly .
(B) Quorum.--Ten members of the Commission shall
constitute a quorum, but a lesser number of members may
hold hearings.
(C) Budget.--The affirmative vote of not less than
10 members of the Commission shall be required to
approve the budget of the Commission.
(3) Annual reports.--Not later than May 15 of each year,
following the year in which the members of the Commission have
been appointed, the Commission shall publish and submit to the
Secretary and to the Governor, an annual report concerning the
Commission's activities.
(j) Preparation, Review, and Implementation of the Plan.--
(1) Preparation of plan.--
(A) In general.--Not later than 2 years after the
Commission conducts its first meeting, the Commission
shall submit to the Governor an Interpretation Plan.
(B) Development.--In developing the Plan, the
Commission shall--
(i) consult on a regular basis with
appropriate officials of any Federal or State
agency, political subdivision of the State, and
local government that has jurisdiction over or
an ownership interest in land, water, or water
rights within the Area; and
(ii) conduct public hearings within the
Area for the purpose of providing interested
persons the opportunity to testify about
matters to be addressed by the Plan.
(C) Relationship to existing plans.--The Plan--
(i) shall recognize any existing Federal,
State, and local plans;
(ii) shall not interfere with the
implementation, administration, or amendment of
such plans; and
(iii) to the extent feasible, shall seek to
coordinate the plans and present a unified
interpretation plan for the Corridor.
(2) Review of plan.--
(A) In general.--The Commission shall submit the
Plan to the Governor for his review.
(B) Governor.--The Governor may review the Plan and
if he concurs in the Plan, may submit the Plan to the
Secretary, together with any recommendations.
(C) Secretary.--The Secretary shall approve or
disapprove the Plan within 90 days. In reviewing the
Plan, the Secretary shall consider the adequacy of--
(i) public participation; and
(ii) the Plan in interpreting, for the
educational and inspirational benefit of
present and future generations, the unique and
significant contributions to our national
heritage of cultural and historical lands,
waterways, and structures within the Corridor.
(3) Disapproval of plan.--
(A) Notification by secretary.--If the Secretary
disapproves the Plan, the Secretary shall, not later
than 60 days after the date of disapproval, advise the
Governor and the Commission of the reasons for
disapproval, together with recommendations for
revision.
(B) Revision and resubmission to governor.--Not
later than 90 days after receipt of the notice of
disapproval, the Commission shall revise and resubmit
the Plan to the Governor for review.
(C) Resubmission to secretary.--If the Governor
concurs in the revised Plan, he may submit the revised
Plan to the Secretary who shall approve or disapprove
the revision within 60 days. If the Governor does not
concur in the revised Plan, he may resubmit it to the
Commission together with his recommendations for
further consideration and modification.
(4) Implementation of plan.--After approval by the
Secretary, the Commission shall implement and support the Plan
as follows:
(A) Cultural resources.--
(i) In general.--The Commission shall
assist Federal agencies, State agencies,
political subdivisions of the State, and
nonprofit organizations in the conservation and
interpretation of cultural resources within the
Corridor.
(ii) Exception.--In providing the
assistance, the Commission shall in no way
infringe upon the authorities and policies of a
Federal agency, State agency, or political
subdivision of the State concerning the
administration and management of property,
water, or water rights held by such agency,
political subdivision, or private persons or
entities, or affect the jurisdiction of the
State of Colorado over any property, water, or
water rights within the Corridor.
(B) Public awareness.--The Commission shall assist
in the enhancement of public awareness of, and
appreciation for, the historical, recreational,
architectural, and engineering structures in the Area,
and the archaeological, geological, and cultural
resources and sites in the Corridor--
(i) by encouraging private owners of
identified structures, sites, and resources to
adopt voluntary measures for the preservation
of the identified structure, site, or resource;
and
(ii) by cooperating with Federal agencies,
State agencies, and political subdivisions of
the State in acquiring, on a willing seller
basis, any identified structure, site, or
resource which the Commission, with the
concurrence of the Governor, determines should
be acquired and held by an agency of the State.
(C) Restoration.--The Commission may assist Federal
agencies, State agencies, political subdivisions of the
State, and nonprofit organizations in the restoration
of any identified structure or site in the Corridor
with consent of the owner. The assistance may include
providing technical assistance for historic
preservation, revitalization, and enhancement efforts.
(D) Interpretation.--The Commission shall assist in
the interpretation of the historical, present, and
future uses of the Corridor--
(i) by consulting with the Secretary with
respect to the implementation of the
Secretary's duties under subsection (l);
(ii) by assisting the State and political
subdivisions of the State in establishing and
maintaining visitor orientation centers and
other interpretive exhibits within the
Corridor;
(iii) by encouraging voluntary cooperation
and coordination, with respect to ongoing
interpretive services in the Corridor, among
Federal agencies, State agencies, political
subdivisions of the State, nonprofit
organizations, and private citizens; and
(iv) by encouraging Federal agencies, State
agencies, political subdivisions of the State,
and nonprofit organizations to undertake new
interpretive initiatives with respect to the
Corridor.
(E) Recognition.--The Commission shall assist in
establishing recognition for the Corridor by actively
promoting the cultural, historical, natural, and
recreational resources of the Corridor on a community,
regional, statewide, national, and international basis.
(F) Land exchanges.--The Commission shall assist in
identifying and implementing land exchanges within the
State of Colorado by Federal and State agencies that
will expand open space and recreational opportunities
within the flood plain of the Corridor.
(k) Termination of Travel Expenses Provision.--Effective on the
date that is 5 years after the date on which the Secretary approves the
Plan, members of the Commission may no longer receive reimbursement for
travel expenses.
(l) Duties of the Secretary.--
(1) Acquisition of land.--The Secretary may acquire land
and interests in land within the Corridor that have been
specifically identified by the Commission for acquisition by
the Federal Government and that have been approved for such
acquisition by the Governor and the political subdivision of
the State where the land is located by donation, purchase with
donated or appropriated funds, or exchange. Acquisition
authority may only be used if such lands cannot be acquired by
donation or exchange. No land or interest in land may be
acquired without the consent of the owner.
(2) Technical assistance.--The Secretary shall, upon the
request of the Commission, provide technical assistance to the
Commission in the preparation and implementation of the Plan
pursuant to subsection (j).
(3) Detail.--Each fiscal year during the existence 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 subsection (i).
(m) Other Federal Entities.--
(1) Duties.--Subject to subsection (a), a Federal entity
conducting or supporting activities directly affecting the flow
of the Cache La Poudre River through the Corridor, or the
natural resources of the Corridor shall consult with the
Commission with respect to such activities;
(2) Authorization.--
(A) In general.--The Secretary or Administrator of
a Federal agency may acquire land in the flood plain of
the Corridor by exchange for other lands within such
agency's jurisdiction within the State of Colorado,
based on fair market value: Provided, That such lands
have been identified by the Commission for acquisition
by a Federal agency and the Governor and the political
subdivision of the State or the owner where the lands
are located concur in the exchange. Land so acquired
shall be used to fulfill the purpose for which the
Corridor is established.
(B) Authorization to convey property.--The Federal
Property and Administrative Services Act of 1949 shall
not apply to any property within the State of Colorado
for the Cache La Poudre Corridor.''.
(n) Effect on Environmental and Other Standards, Restrictions, and
Savings Provisions.--
(1) Effect on environmental and other standards.--
(A) Voluntary cooperation.--In carrying out this
section, the Commission and Secretary shall emphasize
voluntary cooperation.
(B) Rules, regulations, standards, and permit
processes.--Nothing in this section shall be considered
to impose or form the basis for imposition of any
environmental, occupational, safety, or other rule,
regulation, standard, or permit process that is
different from those that would be applicable had the
Corridor not been established.
(C) Environmental quality standards.--Nothing in
this section shall be considered to impose the
application or administration of any Federal or State
environmental quality standard that is different from
those that will be applicable had the Corridor not been
established.
(D) Water standards.--Nothing in this section shall
be considered to impose any Federal or State water use
designation or water quality standard upon uses of, or
discharges to, waters of the State or waters of the
United States, within or adjacent to the Corridor, that
is more restrictive than those that would be applicable
had the Corridor not been established.
(E) Permitting of facilities.--Nothing in the
establishment of the Corridor shall abridge, restrict,
or alter any applicable rule, regulation, standard, or
review procedure for permitting of facilities within or
adjacent to the Corridor.
(F) Water facilities.--Nothing in the establishment
of the Corridor shall affect the continuing use and
operation, repair, rehabilitation, expansion, or new
construction of water supply facilities, water and
wastewater treatment facilities, stormwater facilities,
public utilities, and common carriers.
(G) Water and water rights.--Nothing in the
establishment of the Corridor shall be considered to
authorize or imply the reservation or appropriation of
water or water rights for any purpose.
(2) Restrictions on commission and secretary.--Nothing in
this section shall be construed to vest in the Commission or
the Secretary the authority to--
(A) require a Federal agency, State agency,
political subdivision of the State, or private person
(including an owner of private property) to participate
in a project or program carried out by the Commission
or the Secretary under the title;
(B) intervene as a party in an administrative or
judicial proceeding concerning the application or
enforcement of a regulatory authority of a Federal
agency, State agency, or political subdivision of the
State, including, but not limited to, authority
relating to land use regulation; environmental quality;
licensing; permitting; easements; private land
development; or other occupational or access issue;
(C) establish or modify a regulatory authority of a
Federal agency, State agency, or political subdivision
of the State, including authority relating to--
(i) land use regulation;
(ii) environmental quality; or
(iii) pipeline or utility crossings;
(D) modify a policy of a Federal agency, State
agency, or political subdivision of the State;
(E) attest in any manner the authority and
jurisdiction of the State with respect to the
acquisition of lands or water, or interest in lands or
water;
(F) vest authority to reserve or appropriate water
or water rights in any entity for any purpose;
(G) deny, condition, or restrict the construction,
repair, rehabilitation, or expansion of water
facilities, including stormwater, water, and wastewater
treatment facilities; or
(H) deny, condition, or restrict the exercise of
water rights in accordance with the substantive and
procedural requirements of the laws of the State.
(3) Savings provision.--Nothing in this section shall
diminish, enlarge, or modify a right of a Federal agency, State
agency, or political subdivision of the State--
(A) to exercise civil and criminal jurisdiction
within the Corridor; or
(B) to tax persons, corporations, franchises, or
property, including minerals and other interests in or
on lands or waters within the urban river corridor
portions of the Corridor.
(4) Access to private property.--Nothing in this section
requires an owner of private property to allow access to the
property by the public.
(o) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
not to exceed $50,000 to the Commission to carry out this
section.
(2) Matching funds.--Funds may be made available pursuant
to this subsection only to the extent they are matched by
equivalent funds or in-kind contributions of services or
materials from non-Federal sources.
SEC. 402. 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 Basin 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. 403. 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. 404. 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
trial use along the trail.''.
SEC. 405. RS 2477.
No final rule or regulation of any agency of the Federal Government
pertaining to the recognition, management, or validity of a right-of-
way pursuant to Revised Statute 2477 (43 U.S.C. 932) shall take effect
unless expressly authorized by an Act of Congress subsequent to the
date of enactment of this Act.
SEC. 406. 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. 407. 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:
``(157) 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 cooperative 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. 408. 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 undertake
fish 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 and following) 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. 409. 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:
Paragraph
River: 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:
Paragraph
River: 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, (126)
Pennsylvania.
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. 410. 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 and following), 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 gaging 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
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 a 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 and following) 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 and following) 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
that 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 to 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 for 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 non-profit 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-P49-80000-4
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 within 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 to
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) other 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 visitor 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 educational 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 African-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 an accompanying boundary
description shall be on file and available for public
inspection in the office of the Director of the
National Park Service 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
shall 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 of 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 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 sidewalks and
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 sibclause (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 of the 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
(chap. 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 thru 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:
Lot 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
(hereinafter 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. RICHMOND NATIONAL BATTLEFIELD PARK.
(a) Findings and Purpose.--Section 1 of the Act of March 2, 1936
(chapter 113, 49 Stat. 1155; 16 U.S.C. 423j), is amended to read as
follows:
``SECTION 1. FINDINGS AND PURPOSE.
``(a) Findings.--In 1996 the Congress finds that:
``(1) In 1936 the Congress established the Richmond
National Battlefield Park in and around the city of Richmond,
Virginia. The park's boundary was established to permit the
inclusion of all military battlefield areas related to the
battles fought during the Civil War in defense of and against
the city of Richmond. The park originally included the area
then known as the Richmond Battlefield State Park.
``(2) The total acreage of the area identified in 1936 for
consideration for inclusion in the Richmond National
Battlefield Park encompasses approximately 225,000 acres in and
around the city of Richmond, Virginia. A study undertaken by
the congressionally authorized Civil War Sites Advisory
Committee determined that within those 225,000 acres, the
historically significant areas in and around Richmond relating
to the campaigns against and in defense of Richmond encompass
approximately 38,000 acres. The National Park Service, through
its general management planning process for Richmond National
Battlefield Park, has identified approximately 7,121 acres
which satisfy the National Park Service criteria of
significance, integrity, feasibility, and suitability for
inclusion in Richmond National Battlefield Park.
``(3) There is national interest in protecting and
preserving sites of historic significance associated with the
Civil War and Richmond.
``(4) The Commonwealth of Virginia and its local units of
government have authority to prevent or minimize adverse uses
of these historic resources and can play a significant role in
the protection of the historic resources related to the battles
of Richmond.
``(b) Purposes.--Therefore, it is the purpose of this Act--
``(1) to establish a revised boundary for the Richmond
National Battlefield Park based on the findings of the Civil
War Sites Advisory Committee and the National Park Service; and
``(2) to direct the Secretary of the Interior to work in
cooperation with the Commonwealth of Virginia, the city of
Richmond, and other political subdivisions of the Commonwealth,
other public entities, and the private sector in the
management, protection, and interpretation of the resources
associated with the Civil War and the Battles of Richmond in
and around the city of Richmond, Virginia.''.
(b) Modification of Boundary.--Section 2 of the Act of March 2,
1936 (chapter 113, 49 Stat. 1155; 16 U.S.C. 423k), is amended to read
as follows:
``SEC. 2. BOUNDARY.
``The boundary of the Richmond National Battlefield Park
(hereinafter in this Act referred to as the `park') is hereby modified
to comprise the lands, waters, and interests in lands therein that, on
the day before the date of the enactment of this Act, were in Federal
ownership and were administered by the Secretary of the Interior as
part of the park.''.
(c) Land Acquisition.--The Act of March 2, 1936 (chapter 113, 49
Stat. 1155; 16 U.S.C. 423j and following), is amended by adding the
following new section after section 3:
``SEC. 4. LAND ACQUISITION.
``(a) The Secretary is authorized to acquire any lands and
interests in lands identified in the general management plan for the
park approved June 7, 1996, and depicted within the area delineated as
`Park Boundary' on the map entitled `Richmond National Battlefield Park
Boundary Map', as numbered 367-NEFA 80026 and dated August 1996, which
shall be on file and available for inspection in the Office of the
Director of the National Park Service, Department of the Interior.
``(b) The Secretary is authorized to acquire the lands identified
in subsection (a) by donation, purchase with donated or appropriated
funds, exchange, or otherwise. Privately owned lands or the interest
therein may be acquired only with the consent of the property owner. In
acquiring lands and interest in lands under this Act, the Secretary
shall acquire the minimum Federal interests necessary to achieve the
objectives of the park.
``(c) Upon acquisition by the Secretary of any lands and interests
in lands identified in subsection (a), the Secretary shall revise the
boundary of the park to include those lands within the boundary of the
park and shall manage them as part of the park and consistent with the
purposes of the Act.''.
(d) Park Management and Administration.--The Act of March 2, 1936
(chapter 113; 49 Stat. 1155; 16 U.S.C. 423j and following), is amended
by adding the following new section after section 4:
``SEC. 5. PARK MANAGEMENT AND ADMINISTRATION.
``(a) In administering the park, the Secretary shall interpret, for
the benefit of visitors to the park and the general public, the Battles
of Richmond in the larger context of the Civil War and American
history, including the causes and consequences of the Civil War and the
effects of the war on all the American people.
``(b) The Secretary is directed to work with the Commonwealth of
Virginia, its political subdivisions, including the city of Richmond,
private property owners, and the private sector to develop mechanisms
to protect and interpret the resources identified within the boundary
as depicted on the map identified in section 2 of this Act. In order to
carry out this section, the Secretary is authorized to enter into
cooperative agreements with the public and private sectors to carry out
the purposes of this Act, and to find means of protecting and
interpreting the historic resources for the benefit of present and
future generations in a manner that would allow for continued private
ownership and use where compatible with the purposes of the park. The
Secretary is also authorized to provide technical assistance to
governmental entities, nonprofit organizations, and private property
owners in the development of comprehensive plans, land use guidelines,
and other activities which are consistent with conserving the historic,
cultural, natural, and scenic resources found within the park boundary.
``(c) The Secretary is authorized to provide technical assistance
to the Commonwealth of Virginia, its political subdivisions, nonprofit
entities, and private property owners engaged in the protection,
interpretation, or commemoration of historically significant Civil War
resources located outside of the park boundary. Such technical
assistance does not authorize the Secretary to own or manage any of the
resources outside the park boundary.''.
(e) Technical Amendment.--Section 3 of the Act of March 2, 1936
(chapter 113, 49 Stat. 1156; 16 U.S.C. 423l) is amended by striking the
period and inserting ``, and the Act of August 21, 1935 (49 Stat. 666;
16 U.S.C. 461-467).''.
SEC. 604. 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 for 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 States;
(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 State.
(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. 605. 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. 606. 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. 607. 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 the Commission 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 one 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.--(A) 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 members 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 Appropriations.--
(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. 608. 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. Col. George A. Custer, leading the 7th
United States Calvary, 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 and following).
(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; 16 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
interest in lands by donation, purchase with donated or
appropriated funds, or exchange, except that--
(A) no lands or interest 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) x STFP) + GRAF = AGR; AGR x % 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 pre-paid 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 however, 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 income from 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. VISITOR SERVICES.
(a) Short Title.--This section may be cited as the ``Visitor
Services Improvement and Outdoor Legacy Act of 1996''.
(b) Purpose.--The purpose of this section is to improve the overall
quality of the visitor recreation experience on Federal lands through
increased funding provided by an innovative and incentive-based
recreation fee program combined with an appropriation targeted to meet
the increasing demand for recreational use of the Federal lands.
(c) Repeal of Existing Recreation Fee Program and Establishment of
New Recreation Fee Program.--Section 4 of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-6a) is amended to read as
follows:
``recreation fee program
``Sec. 4. (a) Program Goals and Policies.--
``(1) Congressional goals.--It is the policy of Congress
that the Federal land management agencies develop and implement
high quality recreation programs adequate to meet the needs of
the American people and to fund a portion of the cost of
providing recreation services through recreation fees.
``(2) Administrative policies.--The administering
Secretaries shall jointly issue an integrated policy for the
establishment and collection of recreation fees under this
section. Such policy shall--
``(A) permit flexibility with regard to the amounts
charged;
``(B) provide for maximization of the number of
persons who pay fees to ensure that fees remain at the
lowest possible level;
``(C) provide that comparable fees be charged by
the several Federal agencies for similar services and
facilities;
``(D) provide for the establishment of fees in a
manner which is equitable among user groups and which
accounts for any other fees, such as commercial tour
fees and concession fees, which are paid by user groups
and used on Federal lands for recreational purposes;
``(E) define administrative overhead and specify
accounting procedures to ensure that administrative
overhead is not included in the cost of visitor
services provided;
``(F) provide for a uniform procedure for
accounting for fees collected under this section; and
``(G) recognize the importance of the convenience
of the public by avoiding fee programs which are overly
complex or which would require the payment of numerous
fees at a particular area.
``(b) Definitions.--For the purposes of this section:
``(1) Administering secretaries.--The term `administering
Secretaries' means--
``(A) the Secretary of Agriculture with respect to
the Forest Service; and
``(B) the Secretary of the Interior with respect to
the National Park Service and Bureau of Land
Management.
``(2) Agency.--The term `agency' means an agency referred
to in paragraph (1) (A) or (B).
``(3) Area.--The term `area' means an administrative area
managed by an agency, such as a unit of the National Park
System or a national forest.
``(4) Area of concentrated public use.--The term `area of
concentrated public use' means an area or portion of an area
which--
``(A) provides developed facilities or services
necessary to accommodate public use maintained at
Federal expense;
``(B) contains at least one major visitor
attraction, including (but not limited to) a lake,
river, historical or cultural site, or geologic
feature; and
``(C) provides public access such that admission
fees can be cost-effectively collected.
``(5) Recreation fees.--The term `recreation fees' means
admission fees, recreation use fees, and fees granted to
Federal agencies from States whether collected by agency
personnel or others.
``(6) Admission fees.--The term `admission fees' means fees
charged for entry into any area designated by the administering
Secretary.
``(7) Recreation use fees.--The term `recreation use fees'
means the charge for specialized recreation services or
facilities furnished at Federal Government expense, including
(but not limited to) campgrounds, boat ramps, and back country
camping by permit.
``(8) Visitor services.--The term `visitor services' means
services and costs directly associated with management of
recreation visitors to Federal lands, including (but not
limited to) such programs as maintenance of facilities which
serve primarily visitor recreation use (such as campgrounds,
scenic roads, trails, visitor centers and picnic areas), public
information and interpretation, resource protection directly
related to public use (such as stream improvement to improve
fishing or mitigation of impacts to resources resulting from
visitor use), and other activities of personnel assigned
predominantly to management of visitors or public safety
programs, but not including costs of regional and Washington
headquarters offices or any administrative services such as
personnel, budget and finance, and procurement.
``(9) Concession fees.--The term `concession fees' means
fees paid to the United States pursuant to provisions of law
other than this section for the privilege of providing
concession services, fees paid for the lease of government-
owned facilities, and non-Federal amounts paid for construction
of visitor facilities.
``(c) Establishment.--
``(1) In general.--In order to improve the quality of the
visitor experience on Federal lands, the administering
Secretaries shall establish and implement a fee program in
accordance with this section which provides for partial
recovery of the costs of visitor services provided through
admission fees, recreation use fees, and concession fees. In
carrying out such program, the administering Secretaries are
authorized and directed to collect admission fees in accordance
with this section at areas administered by the National Park
Service and areas of concentrated public use. In addition, the
administering Secretaries shall collect recreation use fees at
areas under their administration.
``(2) Factors in establishing and adjusting amount of
fees.--(A) All fees established pursuant to this section shall
be fair and equitable, taking into consideration the cost to
the Federal Government, the benefits to the recipient, the
public policy or interest served, the comparable recreation
fees charged by other public and private entities, the economic
and administrative feasibility of fee collection, convenience
to the recreation user, and other pertinent factors.
``(B) Any adjustments in fees shall take into account the
factors specified in subparagraph (A). Any increases in fees
shall be on an incremental basis over time.
``(3) Public comment and federal register notice on
admission and commercial tour fees.--(A) In the case of public
admission fees, the administering Secretaries shall publish in
the Federal Register, for a 30-day comment period, a proposed
schedule of all changes to such fees not later than six months
prior to such fee changes.
``(B) In the case of changes to commercial tour fees or
initiating a new commercial tour fee, the administering
Secretaries shall publish in the Federal Register--
``(i) for a 30-day comment period, a proposed
schedule of all changes in such fees not later than 14
months prior to such fee change or initiation; and
``(ii) a final schedule not later than 12 months
prior to such fee change or initiation.
``(4) Continuation of fee authority.--Until an admission or
commercial tour fee is initiated and in effect under this
section, the admission or commercial tour fee at an area
administered by the agencies shall be determined in accordance
with the applicable laws in effect on the day before the date
of enactment of the Visitor Services Improvement and Outdoor
Legacy Act of 1996.
``(5) Notice of fees.--Clear notice that a fee has been
established pursuant to this section, and the amount thereof,
shall be prominently posted at appropriate locations in each
area and shall be included in agency publications distributed
with respect to such areas.
``(6) Fee collection personnel.--Personnel exclusively
assigned to fee collection duties, which are over and above the
number of such personnel assigned exclusively to fee collection
duties on the day prior to enactment of the Visitor Services
Improvement and Outdoor Legacy Act of 1996, shall not be
counted against any full-time equivalent ceiling established
for that agency.
``(d) Recreation Fees.--
``(1) Admission fees.--Reasonable admission fees for a
single visit to any designated area shall be established by the
administering Secretary. A `single visit' means a more or less
continuous stay within a designated area. Payment of a single
visit admission fee shall authorize exits from and reentries to
a single designated area for a period of from one to fifteen
days, such period to be defined for each designated area by the
administering Secretary based on a determination of the period
of time reasonably and ordinarily necessary for such a single
visit. The entrance fee for private parties and commercial
tours shall be set in accordance with this section by the
administering Secretaries and may be adjusted, taking into
account the factors specified in subsection (c)(2). The
Secretaries shall ensure that where appropriate the admission
fee schedule developed provides economic incentives for use of
alternative modes of transportation, including mass
transportation, at areas experiencing high levels of automobile
traffic. The administering Secretaries are authorized to
implement admission fee practices which vary by day of the
week, season, expedite entry and reduce congestion. The fee for
single admission visits shall be no greater than $10 per person
or $25 per vehicle.
``(2) Annual admission permits: golden eagle passport.--
``(A) Golden eagle passport.--For admission into
any area at which admission fees are charged pursuant
to this section, an admission permit, to be known as
the `Golden Eagle Passport', valid for a 12-month
period, shall be available. The fee for the passport
shall be set jointly by the administering Secretaries,
taking into account the factors specified in subsection
(c)(2). The permittee and all persons accompanying the
permittee in a single, private, non-commercial vehicle
or, alternatively, the permittee and the permittee's
spouse, children, and parents accompanying the
permittee shall be entitled to general admission into
any area designated pursuant to this section. The
permit shall be nontransferable, and the unlawful use
thereof shall be punishable in accordance with
regulations established pursuant to subsection (g). The
permit shall be available for purchase at any such
designated area. The fee for a Golden Eagle Passport shall be no
greater than $50.
``(B) Non-federal sale.--The administering
Secretaries may authorize units of State or local
government, organizations, businesses, and nonprofit
entities to sell and collect admission fees, including
the Golden Eagle Passport, subject to such conditions
as the Secretaries may jointly prescribe. The
Secretaries shall develop detailed guidelines for
promotional advertising of non-Federal passport sales
and monitor compliance with those guidelines. The
Secretaries may authorize the seller or sellers to
maintain an inventory of Golden Eagle Passports for
periods not to exceed six months and to withhold
amounts up to, but not exceeding, eight percent of the
gross fees collected from Golden Eagle Passport sales
as reimbursement for actual expenses of the sales.
``(C) Discount for persons 62 years of age or
older.--The administering Secretaries shall provide for
the sale of the Golden Eagle Passport to persons 62
years of age or older at a rate which is no more than
50 percent of the established rate for the Golden Eagle
Passport. Such passport shall provide the same
privileges as any other passport issued pursuant to
this subsection, except that such passport shall cover
admission only for the purchaser and one accompanying
individual.
``(3) Annual geographic admission permits.--For admission
into a specific designated area or into several specific areas
located in a particular geographic region at which admission
fees are charged pursuant to this section, the administering
Secretary or Secretaries are authorized to make available an
annual admission permit. The permit shall convey the privileges
of, and shall be subject to the same terms and conditions as,
the Golden Eagle Passport, except that it shall be valid only
for admission into the specific area or areas indicated at the
time of purchase. The fee for an annual geographic admission
permit shall be no greater than $25.
``(4) Golden access passport.--The Secretary of the
Interior and the Secretary of Agriculture shall establish
procedures providing for the issuance of a lifetime admission
permit to any citizen of, or person legally domiciled in, the
United States, if such citizen or person applies for such
permit and is permanently disabled. Such procedures shall
ensure that a lifetime admission permit shall be issued only to
persons who have been medically determined to be permanently
disabled. A lifetime admission permit shall be nontransferable,
shall be issued without charge, and shall entitle the permittee
and one accompanying individual to general admission into any
area designated pursuant to this section, notwithstanding the
method of travel.
``(5) Recreation use fees.--Each agency developing,
administering, providing, or furnishing at Federal expense
services for such activities as camping at campgrounds with
basic sanitation and public safety services, back country
camping under permit, developed swimming sites, boat launch
facilities, group activities including picnic sites, managed
parking lots, motorized recreation use and other recreation
uses, shall in accordance with this section provide for the
collection of recreation use fees at the place of use or any
reasonably convenient location. The administering Secretary may
establish both daily and annual recreation use fees. Fees may
not be charged by any such agency for the use, either singly or
in any combination, of drinking water, wayside exhibits,
overlook sites, toilet facilities, picnic tables, or visitor
centers for areas where admission fees are charged.
``(6) Commercial tour use fee.--(A) For each area for which
an admission fee is charged under this section, the
administering Secretary shall charge an admission fee for each
vehicle entering the area for the purpose of providing
commercial tour services. Such admission fees shall be charged
on a per vehicle basis and shall be deposited into the special
account established under subsection (e).
``(B) The administering Secretary shall establish fees per
commercial tour entry as follows:
``(i) $25 per vehicle with a passenger capacity of
25 persons or less; and
``(ii) $50 per vehicle with a passenger capacity of
26 or more persons
``(C) The administering Secretary may periodically make
adjustments to such fees in accordance with subsection
(c)(3)(B).
``(D) At Grand Canyon, Hawaii Volcanoes, and Haleakala
National Parks only, the Secretary of the Interior is
authorized to charge a fee for aircraft providing scenic tours
of these areas. Fees for such aircraft use shall be in
accordance with subparagraph (B), except as provided in
subparagraph (E).
``(E) Within 12 months after the date of enactment of the
Visitor Services Improvement and Outdoor Legacy Act of 1996,
the Secretary of the Interior and the Secretary of
Transportation shall jointly submit a report to the appropriate
committees of Congress outlining revisions to the commercial
tour fee schedule for aircraft which encourages the use of
quiet aircraft technology.
``(7) Transportation provided by the secretary.--Where the
administering Secretary provides transportation to visit all or
a portion of any area, he may impose a charge for such service
in lieu of an admission fee. Collection of such fees may occur
at the transportation staging area or any reasonably convenient
location, whether inside or outside of the area boundary. The
administering Secretary may enter into arrangements with
qualified public or private entities pursuant to which such
entities may collect such fees. Such funds collected shall be
retained at the area where the service was provided and
expended for costs associated with the transportation system.
The charge imposed under this paragraph shall not exceed the
limits established in subsection (d)(1).
``(8) Access provided by concessioner.--Where the primary
public access to an area at which an admission fee is charged
is provided by a concessioner, the administering Secretary may
not charge an admission fee.
``(9) Free admission for persons 12 years of age or
under.--A person who is 12 years of age or under shall be
charged no admission fee at any area at which admission fees
are charged.
``(e) Establishment of Accounts and Deposit of Recreation Fees.--
``(1) Establishment.--The Secretary of the Treasury shall
establish a special account in the Treasury for each agency
which collects recreation fees under this section. Within each
such account, the administering Secretary shall separately
account for receipts and disbursements of funds for each area.
``(2) Deposits.--(A) The administering Secretary shall
deposit in each agency account all receipts from fees collected
pursuant to this section by any Federal agency (or by any
public or private entity under contract with a Federal agency).
``(B) All funds from the sale of the Golden Eagle Passport
shall be divided among the agencies based on a formula which
the administering Secretaries shall devise and which considers
total recreation admission fees collected by the agency and
total recreation use at designated admission fee areas provided
by the agency. Funds from the sale of the Golden Eagle Passport
shall be deposited as recreation fees collected into the
appropriate agency account.
``(C) All funds from the sale of geographic admission
permits under subsection (d)(3) shall be divided among the
areas for which such permits were issued on the basis of
visitor use, length of stay, and other pertinent factors as
determined by the administering Secretaries and shall be
deposited as recreation fees collected from those areas into
the appropriate agency account.
``(3) Fee collection costs.--Notwithstanding any other
provision of law, the administering Secretary may, in any
fiscal year, withdraw from the special account established
under paragraph (1) an amount up to 15 percent of all receipts
collected under this section in the preceding fiscal year. The
amounts so withdrawn shall be retained by the administering
Secretaries, and shall be available, without further
appropriation, for expenditure by the Secretary concerned to
cover fee collection costs, and shall remain available until expended.
For the purposes of this paragraph, for any fiscal year, the term `fee
collection costs' means those costs for personnel and infrastructure
directly associated with the collection of fees imposed under this
section.
``(4) Use of special accounts.--Amounts covered into the
special account for each agency during each fiscal year shall
be available after the end of such fiscal year for
appropriation for visitor services, except as provided in
paragraphs (3) and (5). Funds credited to the special account
shall remain available until expended.
``(5) Availability of recreation fees.--(A) Of amounts
deposited in special accounts (as established in paragraph (1))
in the Treasury for the National Park Service, beginning in
fiscal year 1998, 100 percent of the amounts earned in the
previous year in excess of the following amounts (except for
amounts made available for fee collection costs under paragraph
(3)) shall be made available to the National Park Service
without further appropriation as follows:
Amount
Fiscal year
$85,000,000......................... 1998
88,000,000......................... 1999
91,000,000......................... 2000
94,000,000......................... 2001
97,000,000......................... 2002
100,000,000......................... 2003
103,000,000......................... 2004
106,000,000......................... 2005
109,000,000......................... 2006.
``(B) Of the funds deposited in special accounts (as
established in paragraph (1)) in the Treasury for the Forest
Service and the Bureau of Land Management, beginning in fiscal
year 1998 and extending through fiscal year 2006, 100 percent
of the amounts earned in the previous year in excess of
$10,000,000 and $4,000,000 respectively (except for amounts
made available for fee collection costs under paragraph (3))
shall be made available without further appropriations.
``(C) Beginning in fiscal year 2007, and each fiscal year
thereafter, the amount which shall be available without further
appropriation for each agency shall be the amount in excess of
the amounts specified for deposit in the Treasury in fiscal
year 2006 under subparagraph (A) or (B), as the case may be.
``(6) Use of recreation fees.--Of the amounts made
available without appropriation under paragraph (5), after the
application of paragraph (3), 75 percent shall be allocated
among the areas of each agency in the same proportion as fees
collected from that specific area bear to the total amount of
fees collected from all areas of that agency for the fiscal
year. The remainder of the fees collected pursuant to this
section shall be allocated among each agency's areas on the
basis of need as determined by the Secretary. All such funds
shall remain available until expended. Funds deposited into
accounts under this paragraph may only be used (A) to fund
visitor services on Federal lands, (B) for repair,
rehabilitation, or replacement of visitor use facilities, and
(C) for construction of new facilities as necessary to
establish a recreation fee program at any area.
``(f) Enforcement of Fee Collection Policies.--In accordance with
the provisions of this section, the administering Secretaries may
prescribe rules and regulations for areas under their administration
for the collection of any fee established pursuant to this section.
Persons authorized by the administering Secretaries to enforce any such
rules or regulations issued under this section may, within areas under
the administration or authority of such administering Secretary and
with or, if the offense is committed in his presence, without a
warrant, arrest any person who violates such rules and regulations. Any
person so arrested may be tried and sentenced by the United States
magistrate specifically designated for that purpose by the court by
which he was appointed, in the same manner and subject to the same
conditions as provided in subsections (b), (c), (d), and (e) of section
3401 of title 18, United States Code. Any violations of the rules and
regulations issued under this subsection shall be punishable by a fine
as provided by law.
``(g) Non-Federal Reservations.--The administering Secretary, under
such terms and conditions as he deems appropriate, may contract with
any public or private entity to provide visitor reservation services.
Any such contract may provide that the contractor shall be permitted to
deduct a commission to be fixed by the agency head from the amount
charged the public for providing such services and to remit the net
proceeds therefrom to the contracting agency.
``(h) Use of Volunteers For Fee Collection.--When authorized by the
administering Secretary, volunteers at designated areas may collect
fees authorized or established pursuant to this section. The
administering Secretary shall ensure that such volunteers have adequate
training for this purpose. The administering Secretary may require a
surety bond for any such volunteer performing services under this
subsection. Funds available to the collecting agency may be used to
cover the cost of any such surety bond.
``(i) Mitigation of Any Impacts of Recreational Fees on Low-Income
Individuals.--In carrying out this section, the administering
Secretaries shall implement such programs as are necessary to ensure
any impacts of recreational fees on low-income persons are minimized.
The administering Secretaries shall determine any effects on low-income
individuals of recreation use and admission fees and shall jointly
submit recommendations to the Congress regarding actions to be taken to
resolve such impacts.
``(j) Limitations on Fees.--
``(1) Activities not subject to fees.--Nothing in this
section shall be construed to--
``(A) authorize Federal hunting or fishing licenses
or fees;
``(B) affect any rights or authority of the States
with respect to fish and wildlife;
``(C) authorize the collection of fees from any
person who has a right of access for hunting or fishing
privileges under a specific provision of law or treaty;
``(D) authorize charges for commercial or other
activities not related to recreation; or
``(E) authorize an admission fee or a commercial
tour fee at any area for organized school groups on
outings conducted for educational purposes.
``(2) Through travel.--No admission fee shall be charged
for travel by private, noncommercial vehicle or commercial tour
vehicle over any national parkway or any road or highway
established as a part of the National Federal Aid System, as
defined in section 101, title 23, United States Code, which is
commonly used by the public as a means of travel between two
places either or both of which are outside the area. Nor shall
any fee be charged for travel by private, noncommercial vehicle
over any road or highway to any land in which such person has
any property right if such land is within any such designated
area.
``(3) Persons conducting governmental business.--No
admission fee shall be charged to persons engaged in the
conduct of official Federal, State or local government business
or to others authorized by the administering Secretary to
conduct administrative duties within the area.
``(4) Lifetime admission permits.--No admission fee shall
be charged under this section to any person who possesses a
lifetime admission permit issued under section 4(a)(4) of this
Act as in effect on the day before the date of the enactment of
the Visitor Services Improvement and Outdoor Legacy Act of
1996.
``(k) Annual Reporting Requirements.--Reports indicating the number
and location of fee collection areas, visitor use statistics, fees
collected, and other pertinent data, shall be coordinated and compiled
by the administering Secretaries and transmitted to the Committee on
Resources of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate.
In order to enable Congress to discern the specific benefits of this
section, the agencies shall include in the report area-specific details
on what is being accomplished with funds provided pursuant to this
section. These reports shall be transmitted annually not later than the
submission of the President's budget under section 1105 of title 31,
United States Code, and shall include any recommendations which the
Secretaries may have with respect to improving the recreation fee
program.
``(l) Exemption of Fees.--Amounts collected under this section
which exceed the 1995 authorized recreation receipts shall not be taken
into account for the purposes of the Act of May 23, 1908, and the Act
of March 1, 1911 (16 U.S.C. 500), the Act of March 4, 1913 (16 U.S.C.
501), the Act of July 22, 1937 (7 U.S.C. 1012), the Act of August 8,
1937, and the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of
June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31, United States
Code, section 401 of the Act of June 15, 1935 (16 U.S.C. 715s), the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-1-4-460l-
11), and any other provision of law relating to revenue allocation.''.
(d) Conforming amendments.--(1)(A)(i) Title I of the Department of
the Interior and Related Agencies Appropriations Act, 1994 is amended
by striking out the third proviso under the heading ``administrative
provisions'' which is under the heading ``National Park Service''
(related to recovery of costs associated with special use permits).
(ii) For those recreational activities for which a fee was charged
prior to September 30, 1995, under the provision of law amended by
subparagraph (A), the Secretary may continue to charge and retain all
such fees until such park is authorized to charge and retain such fees
under section 4 of the Land and Water Conservation Fund Act of 1965.
(B) Section 3 of the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25, 1916 (16
U.S.C. 3), is amended--
(i) by inserting ``(a)'' after ``3.''; and
(ii) by adding at the end the following:
``(b) The Secretary shall publish regulations governing commercial
or nonrecreational special uses of units of the National Park System
for which a fee is not authorized to be charged under section 4 of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6),
including (but not limited to) such activities as filming, special
athletic or sporting events, weddings, cultural events and festivals.
After adoption of such regulations, the Secretary may retain an amount
equal to the direct administrative costs associated with issuing any
permits and managing such activities (including, but not limited to,
personnel costs, clean up costs, and other special services) for which
such permit is issued. Such amounts retained shall be credited to the
appropriation current at the time, and may only be spent for activities
directly in support of the purposes for which the permit was issued.
Such amounts retained are authorized to remain available until
expended.''.
(2) The following Public Laws are amended as follows:
(A) Section 5(e) of Public Law 87-657 (16 U.S.C. 459c-
5(e)), as amended, is hereby repealed.
(B) Section 3(b) of Public Law 87-750 (16 U.S.C. 398e(b))
is hereby repealed.
(C) Section 4(e) of Public Law 92-589 (16 U.S.C. 460bb-3),
as amended, is further amended by striking the first sentence.
(D) Section 6(j) of Public Law 95-348 (92 Stat. 493) is
hereby repealed.
(E) Section 207 of Public Law 96-199 (94 Stat. 77) is
hereby repealed.
(F) Section 106 of Public Law 96-287 (94 Stat. 600) is
amended by striking the last sentence.
(G) Section 204 of Public Law 96-287 (94 Stat. 601) is
amended by striking the last sentence.
(H) Section 5 of Public Law 96-428 (94 Stat. 1842) is
hereby repealed.
(I) Public Law 100-55 (101 Stat. 371) is hereby repealed.
(J) Section 203 of the Alaska National Interest Lands
Conservation Act shall not apply with respect to charging an
admission fee at Denali National Park and Preserve in Alaska.
(e) Savings Provision Relating to Areas Administered by the United
States Army Corps of Engineers.--Areas at civil works projects
administered by the United States Army Corps of Engineers shall be
subject to section 4 of the Land and Water Conservation Fund Act of
1965, as in effect immediately before the enactment of this Act, in
lieu of being subject to the amendments made by this section.
(f) Applicability of This Section.--Notwithstanding any other
provision of law, this section and the amendments and repeals made by
this section shall apply to all recreation fees charged by the Forest
Service, National Park Service, and Bureau of Land Management, except
for recreation fees charged by the Forest Service pursuant to Public
Law 104-134.
SEC. 704. 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 foll owing 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 shall protect park resources through limitations
on permittees in Glacier Bay only if the need for such
limitations is based on substantial verifiable scientific
information, including, but not limited to, information made
available through the investigations under this subsection. 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 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. KATMAI NATIONAL PARK AGREEMENTS.
(a) In General.--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.''.
(b) Volcanological Research in Katmai National Park.--Title II of
the Alaska National Interest Lands Conservation Act (94 Stat. 2377 et
seq.) is amended by adding at the end the following new section:
``SEC. 207. VOLCANOLOGICAL RESEARCH IN KATMAI NATIONAL PARK.
``The Secretary of Interior shall permit personnel, under the
direction of the United States Geological Survey, to conduct research
activities within Katmai National Park for the purpose of obtaining
rock and core samples from the 1912 eruption and to make subsurface
measurements for volcanological research.''.
SEC. 807. CARL GARNER FEDERAL LANDS CLEANUP DAY.
The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i-169i-1) is
amended by striking the terms ``Federal Lands Cleanup Day'' each place
it appears and inserting ``Carl Garner Federal Lands Cleanup Day''.
SEC. 808. 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. 809. 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. 810. 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. 811. 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. 812. 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. 813. 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. 814. 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. 815. 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 such 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) Competitive 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 statute 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 greatest need 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 at a
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; 102 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. 470(a)
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 one 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 one 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 one 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. 816. MINERAL KING ADDITION PERMITS.
Paragraph (2) of section 314(d) of the National Parks and
Recreation Act of 1978 (16 U.S.C. 45f(d)) is amended by adding at the
end the following:
``(C)(i) Notwithstanding subparagraphs (A) and (B), until the date
of the death of the last cabin permittee of record on the date of
enactment of this Act, the Secretary may renew or extend permits or
leases continued under subparagraph (A) or (B) to the heirs of lessees
or permittees (including heirs to whom such leases or permits have been
renewed or extended) who have died prior to the enactment of this
subparagraph or may die after its enactment in the same manner
(including by requiring the payment of annual fees based on fair market
value) as leases or permits may be renewed or extended under
subparagraph (B), unless--
``(I) the permit or lease is incompatible with the
protection of the parks resources; or
``(II) the land occupied under the leases or permit will be
used for some other park purpose in accordance with the
comprehensive management plan prepared under subsection (e),
and the Secretary has available sufficient funds to carry out
such use.
``(ii) For the purposes of this subparagraph, the term `heirs'
means--
``(I) those family members of the deceased permittee or
lessee, designated by the permittee or lessee, in a manner
prescribed by the Secretary, as heirs eligible for renewals or
extensions under this subparagraph, and
``(II) in the absence of such designation, those family
members of the deceased permittee or lessee who are entitled to
inherit the estate of the permittee or lessee.''.
SEC. 817. 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. 818. 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. 819. 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.''.
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
approved plan as amended without the approval of the Secretary. The
Secretary shall approve or disapprove any proposed change 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
provision 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 years 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.''.
SEC. 903. FEASIBILITY STUDY OF THE CHAMPLAIN VALLEY AND THE UPPER
HUDSON RIVER VALLEY.
The Secretary of the Interior shall conduct a feasibility study to
determine whether the Champlain Valley and the Upper Hudson River
Valley in the State of New York should be designated as a heritage
area. The study shall evaluate important conflicts which occurred
between 1609 and 1865 and to identify the natural and cultural
resources associated with these conflicts. The study shall be completed
within two years after funds are made available.
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 this 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. of June 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) Agreements 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, and 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 tallgrass 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 (5 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 interest 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. BLACK CANYON OF THE GUNNISON NATIONAL PARK COMPLEX.
(a) Establishment of Black Canyon of the Gunnison National Park.--
(1) There is hereby established the Black Canyon of the
Gunnison National Park (hereinafter referred to as the
``park'') in the State of Colorado. The Black Canyon National
Monument is abolished as such, and all lands and interests
therein are hereby incorporated within and made part of the
Black Canyon of the Gunnison National Park. Any reference to
the Black Canyon of the Gunnison National Monument shall be
deemed a reference to Black Canyon of the Gunnison National
Park, and any funds available for the purposes of the monument
shall be available for purposes of the park.
(2) The Secretary of the Interior (hereinafter referred to
as the ``Secretary'') acting through the Director of the
National Park Service shall manage the park, subject to valid
existing rights, in accordance with this subsection and under
the provisions of law generally applicable to units of the
National Park System, including but not limited to the Act of
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and
other applicable provisions of law.
(b) Establishment of the Gunnison Gorge National Conservation
Area.--
(1) There is hereby established the Gunnison Gorge National
Conservation Area (hereinafter referred to as the
``conservation area'') in the State of Colorado, consisting of
approximately 64,139 acres as generally depicted on the map
entitled ``Black Canyon of the Gunnison National Park Complex--
Map No. 9, dated July 29, 1996'' (hereinafter referred to as
the ``map'').
(2) The Secretary, acting through the Director of the
Bureau of Land Management, shall manage the conservation area,
subject to valid existing rights, in accordance with this
subsection, the Federal Land Management and Policy Act of 1976,
and other applicable provisions of law.
(3) In addition to the use of motorized vehicles on
established roadways, the use of motorized vehicles in the
conservation area shall be allowed to the extent compatible, in
accordance with existing off-highway vehicle designations as
described in the current approved management plan, or as part
of the comprehensive plan prepared pursuant to this subsection.
(4) If no later than 5 years after the date of enactment of
this Act the United States acquires, from willing sellers only,
lands that are depicted on the map as private lands within the
conservation area as established by this section, such lands
upon their acquisition by the United States shall be included
in and managed as part of the conservation area.
(5) In furtherance of the purposes of the Wilderness Act
(16 U.S.C. 1131 et seq.) certain lands in the conservation area
comprised of approximately 22,111 acres, as generally depicted
on the map, and which shall be known as the Gunnison Gorge
Wilderness.
(6) That portion of the Gunnison Gorge Wilderness Study
Area (Uncompahgre Basin Wilderness Final Environmental Impact
Statement, 1989) not designated as wilderness by this Act, is
no longer subject to the terms and conditions contained in
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782) for management of wilderness study areas
in a manner that does not impair the suitability of such areas
for preservation, and shall be managed for multiple use or
other values in accordance with land use plans developed
pursuant to section 202 of the Federal Land Policy and
Management Act of 1976.
(7) Nothing in this subsection or any other Act shall
constitute either an express or implied Federal reservation of
water or water rights for any purpose arising from the
designation of areas as wilderness by this subsection.
(c) Establishment of the Curecanti National Recreation Area, and
the Denver and Rio Grande Railroad National Historic Site.--
(1) In order to conserve the scenic, natural, historic,
archaeological, wildlife, and fishery resources, and to provide
for the public use and enjoyment of the land withdrawn or
acquired for, and the water areas created by the Wayne N.
Aspinall Unit of the Colorado River Storage Project, there is
hereby established the Curecanti National Recreation Area
(hereinafter referred to as the ``recreation area'') in the
State of Colorado. The recreation area shall consist of the
lands and waters within the area designated ``Curecanti
National Recreation Area'' as depicted on the map.
(2) The Secretary, acting through the Director of the
National Park Service, shall manage the recreation area,
subject to valid existing rights, in accordance with this
subsection and under provisions of law generally applicable to
units of the National Park System including but not limited to
the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.),
and the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et
seq.), and other applicable provisions of law, except as
otherwise provided in this subsection.
(3) The establishment of the recreation area and land
transfer of administration under subsection (a) and (b) shall
not affect or interfere with the validity of existing rights,
including withdrawals, acquisitions and conveyances, made
before the date of enactment of this section for reclamation or
power purposes. Subject to their respective authorities under
the Colorado River Storage Project Act of 1956 (42 U.S.C. 620
et seq.) and the Uncompahgre Project, operation, maintenance,
and management of all facilities and improvements on and the
management of lands occupied by dams, structures,
administrative areas, or other facilities shall be the
responsibility of the Secretary and the Secretary of Energy,
acting through the Commissioner of the Bureau of Reclamation
and the Western Area Power Administration. Such lands shall be
delineated through a joint agreement among the Bureau of
Reclamation, the National Park Service, and the Western Area
Power Administration. The Secretary may enter into additional
agreements which address sharing of jurisdiction and
authorities on the delineated lands. All lands within the
recreation area which have been withdrawn or acquired by the
United States for reclamation purposes shall remain subject to
the purposes and uses established under the Colorado River
Storage Project Act of 1956 (42 U.S.C. 620 et seq.) and the
Uncompahgre Project as originally authorized by the Secretary
as the Gunnison Project on March 14, 1903 under the provisions
of the Reclamation Act of October 17, 1902 (32 Stat. 388, 43
U.S.C. 391), as amended. The Secretary, acting through the
Bureau of Reclamation, may exclude any area from the recreation
area for reclamation or power purposes upon determining that it
is in the national interest to do so.
(4) Subject to valid existing rights, all Federal lands and
interests within the national recreation area administered by
the Bureau of Land Management are withdrawn from disposition
under the public land laws from location, entry, and patent
under the mining laws of the United States, from the operation
of mineral leasing laws of the United States, and from operation of the
Geothermal Steam Act of 1970, and the administrative jurisdiction of
such lands is transferred to the National Park Service upon enactment
of this section.
(5) Within the recreation area there is hereby established,
subject to the provisions of this subsection, the Denver and
Rio Grande National Historic Site (hereinafter referred to as
the ``historic site'') consisting of the Denver and Rio Grande
rolling stock and train trestle at Cimarron, as depicted on the
map. The Secretary may include those portions of the historic
railroad bed within the boundaries of the historic site which
would serve to enhance or contribute to the interpretation of
the development of the railroad and its role in the development
of western Colorado.
(6) The Secretary is authorized to convey to the city of
Gunnison, Colorado, or to such public agency as the Secretary
deems appropriate, for an amount not to exceed fair market
appraised value, the land known as the Riverway Tract in
section 8, township 49 north, range 1 west, New Mexico
principal meridian.
(7) The Secretary is authorized, upon a finding that it is
not needed for public purposes, to convey without consideration
by quit claim deed all right, title, and interest in the United
States in and to parcels of ten acres or less which are
encroached upon, as of the date of this section, by
improvements occupied or used to such person or persons under
claim or color of title by persons to whom no advance notice
was given that such improvements encroached or would encroach
upon such parcels, and who in good faith relied upon an
erroneous survey, title search or other land description
indicating there was not such encroachment. Such lands so
conveyed shall be deleted from the national recreation area.
(8) The Secretary shall complete an official boundary
survey of the areas depicted on the map within three years of
the date of this subsection.
(9) If no later than 3 years after the date of enactment of
this title the United States acquires lands comprising
approximately 520 acres adjacent to Colorado Highway 92 and the
Curecanti National Recreation Area as designated by this title
and as generally depicted on a map entitled ``Hall Property,
Colorado'', dated September, 1996, such lands upon their
acquisition by the United States from willing sellers only
shall be included in and managed as part of such recreation
area.
(d) The Establishment of the Black Canyon of the Gunnison National
Park Complex.--
(1) There is hereby established the Black Canyon of the
Gunnison National Park Complex (hereinafter referred to as the
``complex'') in the State of Colorado. The purposes of the
complex are to emphasize management of the Gunnison River and
its environs while managing the components of the complex (the
park, the conservation area, and the recreation area) according
to their respective purposes and mandates; to seek out and
promote efficiencies in the management of the complex; to
integrate and coordinate planning efforts within the complex;
and as permitted by agency mandates and policies, to utilize
the resources of the involved agencies cooperatively to enhance
public service, to resolve issues, and to provide a focal point
for public contact. The complex shall include the following
lands as depicted on the map:
(A) The park.
(B) The conservation area.
(C) The recreation area.
(D) Those portions of lands comprising the Gunnison
National Forest as depicted on the map.
(2) The Secretary, acting through the Director of the
National Park Service, shall manage the park, recreation area,
historic site and district; and acting through the Director of
the Bureau of Land Management, shall manage the conservation
area in accordance with this subsection, and other applicable
provisions of law.
(3) The Secretary of Agriculture, acting through the Chief
of the Forest Service shall manage, subject to valid existing
rights, those portions of the forest that have been included in
the complex in accordance with the laws, rules, and regulations
pertaining to the National Forest System and this subsection.
(4) The Secretaries shall manage the areas under their
jurisdiction within the complex in a consistent manner, and are
authorized to share personnel, equipment, and other resources
to reduce or eliminate duplication of effort.
(5) Within four years following the date of enactment of
this section, the Secretary shall develop and transmit to the
Committee on Energy and Natural Resources of the United States
Senate and to the Committee on Resources of the United States
House of Representatives a comprehensive plan for the long-
range protection and management of the complex. The plan shall
describe the appropriate uses and management of the complex
consistent with the provisions of this section. The plan may
incorporate appropriate decisions contained in any current
management or activity plan for the complex. The plan may also
incorporate appropriate wildlife habitat management or other
plans that have been prepared for the lands within or adjacent
to the complex, and shall be prepared in close consultation
with appropriate Federal agencies and agencies of the State of
Colorado and shall use information developed in previous
studies of the lands within or adjacent to the complex.
(e) Water Rights.--Nothing in this section, nor in any action taken
pursuant thereto under any other Act, shall constitute an express or
implied reservation of water for any purpose. Nothing in this section,
nor any actions taken pursuant thereto shall affect any existing water
rights, including, but not limited to, any water rights held by the
United States prior to the date of enactment of this section. Any water
rights that the Secretary determines are necessary for the purposes of
this section shall be acquired under the procedural and substantive
requirements of the laws of the State of Colorado.
(f) Recreational and Multiple-Use Activities.--
(1) In carrying out this section, in addition to other
related activities that may be permitted pursuant to this
section, the Secretaries shall provide for general recreation
and multiple use activities that are considered appropriate and
compatible within the areas of their respective jurisdiction,
including, but not limited to, swimming, fishing, boating,
rafting, hiking, horseback riding, camping and picnicking. The
Secretaries shall also provide for certain multiple use
activities, subject to valid existing rights, including
grazing; and the maintenance of existing designated roads,
stock driveways, and utility rights-of-way. Within the
boundaries of the recreation area the Secretary may also
provide for off-road vehicle use below high water levels, on
frozen lake surfaces, and on related designated access routes;
and other such uses as the Secretary may deem appropriate.
(2) The Secretaries shall permit hunting, fishing,
noncommercial taking of fresh-water crustaceans, and trapping
on the lands and waters under the Secretaries jurisdiction in
accordance with applicable laws and regulations of the United
States and the State of Colorado, except that the Secretaries,
after consultation with the Colorado Division of Wildlife, may
issue regulations designating zones where and establishing
periods when no hunting or trapping shall be permitted for
reasons of public safety, administration, or public use and
enjoyment. Subject to valid existing rights, hunting and
trapping will not be allowed within the boundaries of the park.
(g) Authorization of Appropriations.--There are hereby authorized
to be appropriated such sums as may be necessary to carry out this
section.
SEC. 1022. NATIONAL PARK FOUNDATION.
(a) The Act entitled ``An Act to establish the National Park
Foundation'', approved December 18, 1967 (16 U.S.C. 19e-19n), is
amended--
(1) in section 1--
(A) by striking ``therein'' and inserting in lieu
thereof ``therein, and to develop and implement means
of securing funds from the private sector, to enhance
funding for the National Park System without
supplanting appropriated funds otherwise available for
the National Park System,''; and
(B) by striking ``to accept and administer such
gifts'';
(2) in section 3--
(A) by inserting ``(a)'' after ``Sec. 3.''; and
(B) by inserting at the end:
``(b)(1) In furtherance of the purposes of this Act, the Foundation
shall have exclusive authority to license or authorize persons to use
such trademarks, tradenames, signs, symbols, emblems, insignia, logos,
likenesses or slogans that are or may be in the future adopted and
owned by the Foundation, and for which the Foundation has filed an
application or applications with the United States Patent and Trademark
Office, for the purposes of representing, promoting or advertising for
commercial purposes or pecuniary gain that an individual, company, or
particular good or service is an official sponsor or official supporter
of the National Park System or National Park Service.
``(2) The authority provided in paragraph (1) shall be subject to
the following conditions:
``(A) The criteria and guidelines for the competitive
issuance and the maintenance of a license or authorization, and
the issuance of each license or authorization, shall be subject
to the prior written approval of the Secretary as being
appropriate to the image of the National Park System and
consistent with the management policies and practices of the
National Park Service, and such approval authority may not be
delegated. Criteria and guidelines developed under this
paragraph shall be printed in the Federal Register and shall
not take effect until 60 days after the date of publication.
``(B) For good cause, the Secretary of the Interior may,
after consultation with the Foundation, terminate any license
or authorization granted pursuant to this subsection.
``(C) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an individual,
company, or particular good or service to represent, promote,
or advertise, and no person may represent or imply, for
commercial purposes or for pecuniary gain that it is an
official sponsor or official supporter of any individual unit
of the National Park System.
``(D) The advertisements and promotional activities
undertaken by a licensee or authorized person shall be
appropriate to the image of the National Park System and
consistent with the management policies and practices of the
National Park Service.
``(E) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an individual,
company, or particular good or service to represent that it is
endorsed by the National Park Service.
``(F) Any license or authorization issued pursuant to this
subsection shall be for a term not to exceed 5 years and shall
not grant any right or preference of renewal.
``(G) Nothing in this Act shall in any way restrict the
authority of the President to manage White House matters or
restrict or preclude the Statue of Liberty--Ellis Island
Foundation, Inc. (the ``Statue of Liberty Foundation''), so
long as its activities are authorized by a Memorandum of
Agreement with the Secretary of the Interior, from raising
donations for the restoration of the Statue of Liberty and
Ellis Island by, among other things, offering to any third
parties exclusive rights to any trademark, tradename, sign,
symbol, insignia, emblem, logo, likeness, or slogan owned by
the Statue of Liberty Foundation.
``(H) Activities of the Foundation undertaken pursuant to
this Act, including the licensing or authorizing of official
sponsors and official supporters of the National Park System or
National Park Service by the Foundation, shall not preclude
charitable organizations or cooperating associations from
conducting fundraising activities or selling merchandise to
generate support for a unit or units of the National Park
System or the National Park Service, so long as such activities
do not convey a right to be considered as an official sponsor
or official supporter of such unit or units as prohibited by
subparagraph (B) or of the National Park System or National
Park Service.
``(c)(1) No license or authorization referred to in subsection (b)
shall grant any person any right or authority to market, advertise,
display, sell, or promote, any goods, products or services in any unit
of the National Park System or in any related facility operated outside
the boundaries of any unit, or to advertise or promote that it is an
official sponsor or official supporter within the meaning of subsection
(b) in any such unit or related facility.
``(2) No license or authorization may be granted to any person--
``(A) that is in litigation against the Department of the
Interior; or
``(B) that has had a judgment rendered against it by a
court of law for a violation of any Federal environmental law
during the previous 5 years; or
``(C) which would create a conflict of interest or the
appearance thereof between the Department of the Interior and
such person.''.
(3) in section 4--
(A) by inserting ``and section 8(b)'' between
``transfer'' and the comma;
(B) by inserting ``license,'' between ``lease,''
and ``invest''; and
(C) by striking ``any business, nor shall the
Foundation'' and inserting in lieu thereof ``business
for pecuniary profit or gain, except for the purposes
set forth in this Act; operate any commercial
establishment or enterprise within any unit of the
National Park System; engage in any lobbying activities
as defined in section 3(7) of the Lobbying Disclosure
Act of 1995 (2 U.S.C. 1602(7)) concerning the
management of the National Park System; or'';
(4) in section 8--
(A) by inserting ``(a)'' after ``Sec. 8.''; and
(B) by inserting at the end:
``(b) All of the income in the Foundation, net of reasonable
operating expenses, any contributions to local government pursuant to
subsection (a), and reserves determined necessary or appropriate by the
Board, shall be provided to or for the benefit of the National Park
Service: Provided, That all such net income derived from the licenses
and authorizations referred to in section 3(b) shall be expended in
accordance with policies and priorities of the National Park Service on
programs, projects, or activities that benefit the National Park System
or National Park Service as identified by the Secretary in consultation
with the Foundation: Provided further, That no person designated as an
official sponsor or supporter pursuant to section 3(b) shall be
permitted to direct or stipulate how fees paid for such designated are
to be expended.'';
(5) in section 10--
(A) by inserting ``(a)'' after ``Sec. 10.''; and
(B) by inserting at the end:
``(b) Within 30 days of the execution of each license or
authorization referred to in section 3(b), the Foundation shall
transmit a copy thereof to the Committee on Resources of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate.
``(c) No later than 5 years after the date of enactment of this
subsection, the Secretary of the Interior shall submit to the Committee
on Resources of the House of Representatives and the Committee on
Energy and Natural Resources of the United States Senate a report
assessing the cost, effectiveness, and effects of the licensing and
authorization program established pursuant to section 3(b). The report
shall include, but not be limited to, assessments of the effect of such
program on--
``(1) visitation levels in the National Park System;
``(2) the image of the National Park System;
``(3) achievement of the needs and priorities of the
National Park Service;
``(4) appropriations for the National Park System;
``(5) the costs of the Foundation and the Secretary of the
Interior to administer the program.''; and
(6) at the end, by inserting:
``Sec. 11. Whoever, without the authorization of the Foundation,
uses for purposes of trade, to induce the sale of any good or service,
to promote any commercial activity, or for other commercial purpose the
name of the Foundation or any trademark, tradename, sign, symbol,
emblem, insignia, logo, likeness, or slogan referred to in section
3(b)(1), or any facsimile or simulation thereof tending to cause
confusion, to cause mistake, to deceive, or to suggest falsely that an
individual, company, or particular good or service is an official
sponsor or official supporter of the National Park System or National
Park Service, shall be subject to suit in a civil action by the
Foundation for the remedies provided in the Act of July 5, 1946, 60
Stat. 427 (15 U.S.C. sec. 1051 et. seq.).''.
(b) Section 1 of Public Law 88-504 (36 U.S.C. 1101), as amended, is
further amended by adding at the end, ``(78) The National Park
Foundation.''.
SEC. 1023. 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 in the
House of Representatives 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. 1024. 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 uses 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. 1025. 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
in 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
Times 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
plan.--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 permitted for 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 Recreation 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 land 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) Recreation.--
(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 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 Axe 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 any 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 of 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 if 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 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. 1026. 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) 3 tribal members;
(B) 1 representative of the city of Klamath Falls,
Oregon;
(C) 1 representative of Klamath County, Oregon;
(D) 1 representative of institutions of higher
education in the Upper Klamath Basin;
(E) 4 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) 4 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) 4 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) 2 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) 4 representatives from the local community; and
(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.
(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 Basin Compact 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 affects
any 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. 1027. 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) 5 representatives of private interests
including one each from hydroelectric production,
livestock grazing, timber, land development, and
recreation/tourism;
(B) 4 representatives of private interests
including two each from irrigated agriculture and the
environmental community;
(C) 2 representatives from the Confederated Tribes
of the Warm Springs Reservation of Oregon;
(D) 2 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) 2 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) 4 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 administrative 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 5 U.S.C. App. 2 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. 1028. MOUNT HOOD CORRIDOR LAND EXCHANGE.
(a) Authorization.--Notwithstanding any other law, if Longview
Fibre Company (referred to in this section as ``Longview'') offers and
conveys title that is acceptable to the United States to some or all of
the land described in subsection (b), the Secretary of the Interior
(referred to in this section as the ``Secretary'') shall convey to
Longview title to some or all of the land described in subsection (c),
as necessary to satisfy the requirements of subsection (d).
(b) Land To Be Offered by Longview.--The land referred to in
subsection (a) as the land to be offered by Longview are those lands
depicted on the map entitled ``Mt. Hood Corridor Land Exchange Map'',
dated July 18, 1996.
(c) Land To Be Conveyed by the Secretary.--The land referred to in
subsection (a) as the land to be conveyed by the Secretary are those
lands depicted on the map entitled ``Mt. Hood Corridor Land Exchange
Map'', dated July 18, 1996.
(d) Equal Value.--The land and interests in land exchanged under
this section 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.
(e) Redesignation of Land To Maintain Revenue Flow.--So as to
maintain the current flow of revenue from land subject to the Act
entitled ``An Act relating to the revested Oregon and California
Railroad and reconveyed Coos Bay Wagon Road grant land situated in the
State of Oregon'', approved August 28, 1937 (43 U.S.C. 1181a et seq.),
the Secretary may redesignate public domain land located in and west of
Range 9 East, Willamette Meridian, Oregon, as land subject to that Act.
(f) Timetable.--The exchange directed by this section shall be
consummated not later than 1 year after the date of enactment of this
title.
(g) Withdrawal of Lands.--All lands managed by the Department of
the Interior, Bureau of Land Management, located in Townships 2 and 3
South, Ranges 6 and 7 East, Willamette Meridian, which can be seen from
the right-of-way of U.S. Highway 26, (in this section, such lands are
referred to as the ``Mt. Hood Corridor Lands''), shall be managed
primarily for the protection or enhancement of scenic qualities.
Management prescriptions for other resource values associated with
these lands shall be planned and conducted for purposes other than
timber harvest, so as not to impair the scenic qualities of the area.
(h) Timber Cutting.--Timber harvest may be conducted on Mt. Hood
Corridor Lands following a resource-damaging catastrophic event. Such
cutting may only be conducted to achieve the following resource
management objectives, in compliance with the current land use plans--
(1) to maintain safe conditions for the visiting public;
(2) to control the continued spread of forest fire;
(3) for activities related to administration of the Mt.
Hood Corridor Lands; or
(4) for removal of hazard trees along trails and roadways.
(i) Road Closure.--The forest road gate located on Forest Service
Road 2503, located in T. 2 S., R. 6 E., sec. 14, shall remain closed
and locked to protect resources and prevent illegal dumping and
vandalism. Access to this road shall be limited to--
(1) Federal and State officers and employees acting in an
official capacity;
(2) employees and contractors conducting authorized
activities associated with the telecommunication sites located
in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes, except
that all motorized vehicles will be prohibited.
(j) NEPA Exemption.--Notwithstanding any other provision of law,
the National Environmental Policy Act of 1969 (Public Law 91-190) shall
not apply to this section.
(k) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
SEC. 1029. CREATION OF THE COQUILLE FOREST.
The Coquille Restoration Act (Public Law 101-42) is amended by
inserting at the end of section 5 the following:
``(d) Creation of the Coquille Forest.
``(1) Definitions.--In this subsection:
``(A) The term `Coquille Forest' means certain
lands in Coos County, Oregon, comprising approximately
5,400 acres, as generally depicted on the map entitled
`Coquille Forest Proposal', dated July 8, 1996.
``(B) The term `Secretary' means the Secretary of
Interior.
``(C) The term `the tribe' means the Coquille Tribe
of Coos County, Oregon.
``(2) Map.--The map described in paragraph (1)(A), and such
additional legal descriptions which are applicable, shall be
placed on file at the local District Office of the Bureau of
Land Management, the Agency Office of the Bureau of Indian
Affairs, and with the Senate Committee on Energy and Natural
Resources and the House Committee on Resources.
``(3) Interim period.--From the date of enactment of this
subsection until two years after the date of enactment of this
subsection, the Bureau of Land Management shall--
``(A) retain Federal jurisdiction for the
management of lands designated under this subsection as
the Coquille Forest and continue to distribute revenues
from such lands in a manner consistent with existing
law; and
``(B) prior to advertising, offering or awarding
any timber sale contract on lands designated under this
subsection as the Coquille Forest, obtain the approval
of the Assistant Secretary for Indian Affairs, acting
on behalf of and in consultation with the Tribe.
``(4) Transition planning and designation.--
``(A) During the two-year interim period provided
for in paragraph (3), the Assistant Secretary for
Indian Affairs, acting on behalf of and in consultation
with Tribe, is authorized to initiate development of a
forest management plan for the Coquille Forest. The
Secretary, acting through the director of the Bureau of
Land Management, shall cooperate and assist in the
development of such plan and in the transition of
forestry management operations for the Coquille Forest
to the Assistant Secretary for Indian Affairs.
``(B) Two years after the date of enactment of this
subsection, the Secretary shall take the lands
identified under subparagraph (d)(1)(A) into trust, and
shall hold such lands in trust, in perpetuity, for the
Coquille Tribe. Such lands shall be thereafter
designated as the Coquille Forest.
``(5) Management.--The Secretary of Interior, acting
through the Assistant Secretary for Indian Affairs shall manage
the Coquille Forest under applicable forestry laws and in a
manner consistent with the standards and guidelines of Federal
forest plans on adjacent or nearby Federal lands. The Secretary
shall otherwise manage the Coquille Forest in accordance with
the laws pertaining to the management of Indian Trust lands and
shall, except as provided in subparagraph (C), distribute
revenues in accordance with Public Law 101-630, 25 U.S.C. 3107.
``(A) Unprocessed logs harvested from the Coquille
Forest shall be subject to the same Federal statutory
restrictions on export to foreign Nations that apply to
unprocessed logs harvested from Federal lands.
``(B) Notwithstanding any other provision of law,
all sales of timber from land subject to this
subsection shall be advertised, offered and awarded
according to competitive bidding practices, with sales
being awarded to the highest responsible bidder.
``(C) So as to maintain the current flow of revenue
from land subject to the Act entitled ``An Act relating
to the revested Oregon and California Railroad and
reconveyed Coos Bay Wagon Road grant land situated in
the State of Oregon'' (the O&C Act), approved August
28, 1937 (43 U.S.C. 1181a et seq.), the Secretary shall
redesignate, from public domain lands within the
Tribe's service area, as defined in this Act, certain
lands to be subject to the O&C Act. Lands redesignated under this
subparagraph shall not exceed lands sufficient to constitute equivalent
timber value as compared to lands constituting the Coquille Forest.
``(6) Indian self-determination act agreement.--No sooner
than 2 years after the date of enactment of this subsection,
the Secretary may, upon a satisfactory showing of management
competence and pursuant to the Indian Self-Determination Act
(25 U.S.C. 450 et seq.), enter into a binding Indian self-
determination agreement (agreement) with the Coquille Indian
Tribe. Such agreement may provide for the tribe to carry out
all or a portion of the forest management for the Coquille
Forest.
``(A) Prior to entering such an agreement, and as a
condition of maintaining such an agreement, the
Secretary must find that the Coquille Tribe has entered
into a binding memorandum of agreement (MOA) with the
State of Oregon, as required under paragraph (7), and
with the 18 Oregon counties as required by paragraph
(8).
``(B) The authority of the Secretary to rescind the
Indian self-determination agreement shall not be
encumbered.
``(i) The Secretary shall rescind the
agreement upon a demonstration that the tribe
and the State of Oregon or the 18 Oregon
counties are no longer engaged in a memorandum
of agreement as required under paragraph (7).
``(ii) The Secretary may rescind the
agreement on a showing that the Tribe has
managed the Coquille Forest in a manner
inconsistent with this subsection, or the tribe
is no longer managing, or capable of managing,
the Coquille Forest in a manner consistent with
this subsection.
``(7) Memorandum of agreement with oregon.--The Coquille
Tribe shall enter into a memorandum of agreement (MOA) with the
State of Oregon relating to the establishment and management of
the Coquille Forest. The MOA shall include, but not be limited
to, the terms and conditions for managing the Coquille Forest
in a manner consistent with paragraph (5) of this subsection,
preserving public access, advancing jointly-held resource
management goals, achieving tribal restoration objectives and
establishing a coordinated management framework. Further,
provisions set forth in the MOA shall be consistent with
Federal trust responsibility requirements applicable to Indian
trust lands and paragraph (5) of this subsection.
``(8) Public access.--The Coquille Forest shall remain open
to public access for purposes of hunting, fishing, recreation
and transportation, except when closure is required by state or
Federal law, or when the Coquille Indian Tribe and the State of
Oregon agree in writing that restrictions on access are
necessary or appropriate to prevent harm to natural resources,
cultural resources or environmental quality: Provided, That the
State of Oregon's agreement shall not be required when
immediate action is necessary to protect archaeological
resources.
``(9) Jurisdiction.--
``(A) The United States District Court for the
District of Oregon shall have jurisdiction over actions
against the Secretary arising out of claims that this
subsection has been violated. Consistent with existing
precedents on standing to sue, any affected citizen may
bring suit against the Secretary for violations of this
subsection, except that suit may not be brought against
the Secretary for claims that the MOA has been
violated. The court has the authority to hold unlawful
and set aside actions pursuant to this subsection that
are arbitrary and capricious, an abuse of discretion,
or otherwise an abuse of law.
``(B) The United States District Court for the
District of Oregon shall have jurisdiction over actions
between the State of Oregon, or the 18 Oregon counties,
and the tribe arising out of claims of breach of the
MOA.
``(C) Unless otherwise provided for by law,
remedies available under this subsection shall be
limited to equitable relief and shall not include
damages.
``(10) State regulatory and civil jurisdiction.--In
addition to the jurisdiction described in paragraph (7) of this
subsection, the State of Oregon may exercise exclusive
regulatory civil jurisdiction, including but not limited to
adoption and enforcement of administrative rules and orders, over the
following subjects:
``(A) Management, allocation and administration of
fish and wildlife resources, including but not limited
to establishment and enforcement of hunting and fishing
seasons, bag limits, limits on equipment and methods,
issuance of permits and licenses, and approval or
disapproval of hatcheries, game farms, and other
breeding facilities: Provided, That nothing herein
shall be construed to permit the State of Oregon to
manage fish or wildlife habitat on Coquille Forest
lands.
``(B) Allocation and administration of water
rights, appropriation of water and use of water.
``(C) Regulation of boating activities, including
equipment and registration requirements, and protection
of the public's right to use the waterways for purposes
of boating or other navigation.
``(D) Fills and removals from waters of the State,
as defined in Oregon law.
``(E) Protection and management of the State's
proprietary interests in the beds and banks of
navigable waterways.
``(F) Regulation of mining, mine reclamation
activities, and exploration and drilling for oil and
gas deposits.
``(G) Regulation of water quality, air quality
(including smoke management), solid and hazardous
waste, and remediation of releases of hazardous
substances.
``(H) Regulation of the use of herbicides and
pesticides.
``(I) Enforcement of public health and safety
standards, including standards for the protection of
workers, well construction and codes governing the
construction of bridges, buildings, and other
structures.
``(J) Other subject where State authority is
provided for except that, in the event of a conflict
between Federal and State law under this subsection,
Federal law shall control.
``(11) Savings clause; state authority.--
``(A) Nothing in this subsection shall be construed
to grant tribal authority over private or State-owned
lands.
``(B) To the extent that the State of Oregon is
regulating the foregoing areas pursuant to a delegated
Federal authority or a Federal program, nothing in this
subsection shall be construed to enlarge or diminish
the State's authority under such law.
``(C) Where both the State of Oregon and the United
States are regulating, nothing herein shall be
construed to alter their respective authorities.
``(D) To the extent that Federal law authorizes the
Coquille Indian Tribe to assume regulatory authority
over an area, nothing herein shall be construed to
enlarge or diminish the tribe's authority to do so
under such law.
``(E) Unless and except to the extent that the
tribe has assumed jurisdiction over the Coquille Forest
pursuant to Federal law, or otherwise with the consent
of the State, the State of Oregon shall have
jurisdiction and authority to enforce its laws
addressing the subjects listed in paragraph (10) of
this subsection on the Coquille Forest against the
Coquille Indian Tribe, its members and all other
persons and entities, in the same manner and with the
same remedies and protections and appeal rights as
otherwise provided by general Oregon law. Where the
State of Oregon and Coquille Indian Tribe agree
regarding the exercise of tribal civil regulatory
jurisdiction over activities on the Coquille Forest
lands, the tribe may exercise such jurisdiction as is
agreed upon.
``(12) In the event of a conflict between Federal and State
law under this subsection, Federal law shall control.''.
SEC. 1030. BULL RUN PROTECTION.
(a) Amendments to Public Law 95-200.--
(1) The first sentence of section 2(a) of 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 existing 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. 1031. 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 U.S. 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 Island, 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. 1032. 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 land exchanges 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 insure 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. 1033. 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 80002, and dated September 1996. Such map shall
be on file and available for public inspection in the
appropriate offices of the National Park Service. Alter
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 referenced 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
non-profit 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.--Notwithstanding 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 non-profit 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 private 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 15 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. 1034. 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
shall 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 shall 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. 1035. 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. 1036. 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. 1037. 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. 1038. ALTERNATIVE PROCESSING.
The Secretary of Agriculture shall not terminate or otherwise
interfere with the purchaser's operations under Forest Service Timber
Contract A10fs-1042 for failure to operate a pulp mill and such failure
shall not prejudice any other contract dispute currently under appeal
or in litigation.
SEC. 1039. VILLAGE LAND NEGOTIATION.
(a) Negotiations.--The Secretary of the Interior shall negotiate
with 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.
(CIRI) for the purpose of finalizing conveyance to the affected village
corporation of the high priority lands or, in the case of CIRI,
subsurface estate underlying lands described in ``Appendix C'' of the
Deficiency Agreement dated August 31, 1976, pursuant to Public Law 94-
456 or such alternative lands or other consideration as the village
corporation, CIRI and the Secretary may agree upon.
(b) Report to Committees.--The Secretary shall report 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 by March 1, 1997, the result of those negotiations.
(c) Statute of Limitations.--
(1) If the Secretary is unable to reach an agreement with
the affected corporation on conveyance of the lands described
in paragraph (1) or alternative consideration by March 1, 1997,
the affected corporation or corporations 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 the Native
Corporations will not receive conveyance of lands described in
``Appendix C'' of the Deficiency Agreement.
(2) If such litigation is commenced, trial de novo to the
Federal District Court for Alaska shall be held and the
Deficiency Agreement shall be construed as an agreement for the
benefit of Alaska Natives as Native Americans consistent with
the Federal trust responsibilities.
SEC. 1040. UNRECOGNIZED COMMUNITIES IN SOUTHEAST ALASKA.
(a) Establishment of Additional Native Corporations in Southeast
Alaska.--(1) Section 14(h) of the Alaska Native Claims Settlement Act
(43 U.S.C. 1613(h)), hereinafter in this section referred to as the
``Act'') is amended by adding at the end the following new paragraph:
``(12)(A) The Native residents of each of the Native
Villages of Haines, Ketchikan, Petersburg and Wrangell, Alaska,
may organize as an Urban Corporation.
``(B) The Native residents of the Native Village of
Tenakee, Alaska, may organize as a Group Corporation.
``(C) Nothing in this paragraph shall affect existing
entitlement to land of any Native Corporation pursuant to this
Act or any other provision of law.''.
(2) Notwithstanding any other provision of the Act, nothing in this
section shall create any entitlement to Federal lands for an urban or
group corporation organized pursuant to paragraph (1) without further
Act of Congress.
(b) Distribution Rights.--Section 7 of the Alaska Native Claims
Settlement Act is amended by adding at the end of subsection (j) the
following new sentence: ``Native members of the communities of Haines,
Ketchikan, Petersburg, Tenakee, and Wrangell who are shareholders of
Sealaska Corporation and who become shareholders in an Urban or Group
Corporation for such a community shall continue to be eligible to
receive distributions under this subsection as at-large shareholders of
Sealaska Corporation.''.
(c) Planning Grants.--The Native Corporation for the communities of
Haines, Ketchikan, Petersburg, Tenakee, and Wrangell are authorized to
receive grants in the amount of $250,000 to each such corporation, to
be used only for planning, development, and other purposes for which
Native Corporations are organized under this section.
(d) Consideration of Recommendations.--(1) In developing the
Tongass Land Management Plan, the Secretary of Agriculture shall, after
consultation with the Southeast Alaska Landless Coalition, Sealaska
Corporation, the Urban Corporations for the Native communities of
Haines, Ketchikan, Petersburg, and Wrangell, and the Group Corporation
for the Native Community of Tenakee (hereinafter collectively referred
to as ``Southeast Native Corporations''), take into account the
establishment of additional Native Corporations under section 14(h)(12)
of the Act, as amended by this section.
(2) In meeting the requirements set forth in paragraph (1), the
Secretary shall fully consider and analyze all recommendations by the
Southeast Native Corporations.
(3) Within 9 months following the enactment of this section, the
Secretary shall submit a report to Congress setting forth an analysis
of the impact that establishment of the Native Corporations under
section 14(h)(12) of the Act, as amended by this section, will have on
the Tongass Land Management Plan.
(4) The Tongass Land Management Plan shall incorporate all
appropriate recommendations from the Southeast Native Corporations.
(e) Miscellaneous Provision.--No provision of this section shall
affect the ratio for determination of distribution of revenues among
the Regional Corporations under section 7(i) of the Act and the 1982
section 7(i) Settlement Agreement among the Regional Corporations or
among Village Corporations under section 7(j) of the Act.
SEC. 1041. CONVEYANCE TO GROSS BROTHERS.
(a) In General.--The Secretary of Agriculture shall--
(1) survey certain real property located in Tongass
National Forest and described in subsection (b); and
(2) convey all right, title, and interest of the United
States, subject to valid existing rights, in and to the
property, to Danial J. Gross, Sr., and Douglas K. Gross of
Wrangell Alaska.
(b) Description.--The real property referred to in subsection (a)--
(1) consists of approximately 160.8 acres;
(2) is located at Green Point on the Stikine River in
Alaska; and
(3) has the legal description T61S R84E S31, NE\1/4\, NW\1/
4\ and NW\1/4\, NE\1/4\, Copper River Meridian.
SEC. 1042. REGULATION 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 from
asserting 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. 1043. 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. In
exchange for the transfer, the acreage entitlement of the Cape Fox
Corporation shall be credited in the amount of the number of acres
returned to the United States under this section.
SEC. 1044. 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 a 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.
SEC. 1045. MANAGEMENT OF EXISTING DAMS AND WEIRS.
With respect to the Emigrant Wilderness in the Stanislaus National
Forest, California, as designated by section 2(b) of Public Law 93-632
(88 Stat. 2154; 16 U.S.C. 1132 note), the Secretary of Agriculture
shall retain and maintain the 18 concrete dams and weirs that were
located within the boundaries of the Emigrant Wilderness on the date of
the enactment of such Public Law, January 3, 1975. If personnel of the
Forest Service are unavailable to perform the maintenance of the dams
and weirs, or to supplement the maintenance activities of Forest
Service personnel, the Secretary shall contract with other persons to
perform the maintenance at Government expense or permit other persons
to perform the maintenance at private expense.
SEC. 1046. UNIVERSITY OF ALASKA LAND NEGOTIATION.
(a) Subject to valid existing rights and the conditions set forth
in this legislation, the Secretary of the Interior is authorized to
convey to the University of Alaska, as a grant and in fee simple, a
basic Federal entitlement of 350,000 acres of Federal lands in Alaska.
(b) The University of Alaska may submit to the Secretary a list of
properties the university has selected to receive under the conditions
of this grant. The university may submit selections that exceed the
basic entitlement, except that such selections shall not exceed 385,000
acres.
(c) The Secretary shall not approve or convey, under this grant--
(1) any Federal lands which, at the time of enactment of
this Act, are included in a Conservation System Unit as defined
in the Alaska National Interests Lands Conservation Act or a
National Forest.
(2) any Federal lands validly selected but not conveyed to
the State of Alaska or the corporations organized pursuant to
the Alaska Native Claims Settlement Act.
(d) Lands shall be conveyed to the university only to the extent
that the State of Alaska conveys, or has conveyed an equivalent amount
of acreage to the university subsequent to enactment of this Act.
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 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.
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