S.2739 - Consolidated Natural Resources Act of 2008110th Congress (2007-2008)
|Sponsor:||Sen. Bingaman, Jeff [D-NM] (Introduced 03/10/2008)|
|Latest Action:||05/08/2008 Became Public Law No: 110-229. (TXT | PDF)|
|Major Recorded Votes:||04/29/2008 : Passed House; 04/10/2008 : Passed Senate|
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Summary: S.2739 — 110th Congress (2007-2008)All Bill Information (Except Text)
Public Law No: 110-229 (05/08/2008)
(This measure has not been amended since it was introduced. The expanded summary of the Senate passed version is repeated here.)
Consolidated Natural Resources Act of 2008 - Title I: Forest Service Authorizations - (Sec. 101) Designates certain lands in the Skykomish River Valley, Washington, as the Wild Sky Wilderness, to be managed by the Secretary of Agriculture.
Directs the Secretary to establish a trail plan. Authorizes the use of helicopter access to construct and maintain a joint Forest Service and Snohomish County telecommunications repeater site to provide improved communications for safety, health, and emergency purposes.
Allows the continued use of floatplanes on Lake Isabel in the Wild Sky Wilderness, subject to reasonable restrictions.
Provides that such wilderness designation shall not preclude the operation and maintenance of the existing Evergreen Mountain Lookout in the same manner and degree in which the operation and maintenance were occurring as of the enactment of this Act.
Authorizes the Secretary to acquire lands and interests in the Wild Sky Wilderness, with priority to be given to specified Priority Acquisition Lands. Requires the boundaries of the Mt. Baker-Snoqualmie National Forest and the Wild Sky Wilderness to be adjusted to encompass any lands so acquired. Directs the Secretary to ensure adequate access to private in-holdings within the Wild Sky Wilderness. States that valuation of private lands shall be determined without reference to any restrictions on access or use which arise out of designation as a wilderness area.
Requires the Secretary to accept specified lands within the Mt. Baker - Snoqualmie National Forest, Washington, from the Chelan County Public Utility District if the District offers such lands to the Secretary (in title acceptable to the Secretary, and provided there is no hazardous material on the site) in exchange for a permanent easement, including helicopter access, to maintain an existing telemetry site to monitor snow pack on land within the Wenatchee National Forest, Washington.
Provides for extinguishment of the easement and reversion of all conveyed rights to the United States if the District no longer needs to maintain a telemetry site.
(Sec. 102) Designates Forest Service trail number 3590 in the Willamette National Forest in Lane County, Oregon, that begins and ends at North Waldo Campground and circumnavigates Waldo Lake, as a national recreation trail that shall be known as the "Jim Weaver Loop Trail" in honor of Jim Weaver, a former Member of the House of Representatives.
Title II: Bureau of Land Management Authorizations - (Sec. 201) - Establishes the Piedras Blancas Historic Light Station Outstanding Natural Area in San Luis Obispo County, California.
Directs the Secretary of the Interior to manage the Outstanding Natural Area as part of the National Landscape Conservation System and to allow only those uses that further the purposes for the establishment of the Area, the Federal Land Policy and Management Act of 1976, and other applicable laws.
Withdraws the federal lands and interests in lands included within the Outstanding Natural Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the public land mining laws, and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws.
Requires the Secretary to: (1) manage the Outstanding Natural Area in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of that area, including an emphasis on preserving and restoring the Light Station facilities; and (2) complete a comprehensive management plan to provide long-term management guidance for the public lands within the Outstanding Natural Area and fulfill the purposes for which it is established.
Authorizes the Secretary to enter into cooperative agreements with federal, state, and local agencies to implement the management plan in the Outstanding Natural Area and to continue partnerships with local communities and the Hearst San Simeon State Historical Monument. Provides for the acquisition of state and privately held lands or interests in lands adjacent to the Outstanding Natural Area as additions to the Outstanding Natural Area.
Prohibits restrictions on overflights and law enforcement activities in the Outstanding Natural Area.
Directs the Secretary to ensure access to the Outstanding Natural Area by Indians and Indian tribes for cultural and religious purposes.
(Sec. 202) Establishes the Jupiter Inlet Lighthouse Outstanding Natural Area in Palm Beach County, Florida, to protect, conserve, and enhance the unique and nationally important historic, natural, cultural, scientific, educational, scenic, and recreational values of the federal land surrounding the Lighthouse for the benefit of generations of people in the United States while: (1) allowing certain recreational and research activities to continue in the Area; and (2) ensuring that Coast Guard operations and activities are unimpeded within the boundaries of the Area.
Withdraws the federal land and interests in such land included within the Outstanding Natural Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws, and (3) operation of the mineral leasing and geothermal leasing laws and the mineral materials laws. Revokes certain Executive Orders and a certain public land order.
Directs the Secretary of the Interior, in consultation with the Commandant of the Coast Guard, to: (1) develop a comprehensive management plan to provide long-term management guidance for the public land in the Outstanding Natural Area; and (2) ensure that the Outstanding Natural Area fulfills the purposes for which it is established.
Requires the Secretary to manage the Outstanding Natural Area: (1) as part of the National Landscape Conservation System; and (2) in a manner that conserves, protects, and enhances the unique and nationally important historical, natural, cultural, scientific, educational, scenic, and recreational values of the Outstanding Natural Area, including an emphasis on the restoration of native ecological systems, and in accordance with the Federal Land Policy Management Act of 1976 and other applicable laws.
Authorizes the Secretary to: (1) enter into cooperative agreements with government agencies and other partners (including the Loxahatchee River Historical Society) for the long-term management of the Outstanding Natural Area; and (2) acquire for inclusion in the Outstanding Natural Area any state or private land or any interest in state or private land that is adjacent to the Outstanding Natural Area and identified in the management plan as appropriate for acquisition.
Prohibits restrictions on specified law enforcement activities and ongoing and future Coast Guard operations in the Outstanding Natural Area.
(Sec. 203) Permits Clark County, Nevada, to convey approximately 51 acres of land in Clark County to the Nevada Division of State Lands for use by the Nevada National Guard. Provides for the reversion of such land to Clark County for management in accordance with the Southern Nevada Public Land Management Act of 1998 if it ceases to be used by the Nevada National Guard.
Title III: National Park Service Authorizations - Subtitle A: Cooperative Agreements - (Sec. 301) Authorizes the Secretary of the Interior to enter into cooperative agreements with state, local, or tribal governments, other federal agencies, other public entities, educational institutions, private nonprofit organizations, or participating private landowners for the purpose of protecting natural resources of units of the National Park System through collaborative efforts on land inside and outside of National Park System units. States that such an agreement shall provide clear and direct benefits to park natural resources and shall provide for: (1) the preservation, conservation, and restoration of coastal and riparian systems, watersheds, and wetlands; (2) preventing, controlling, or eradicating invasive exotic species that are within a unit of the National Park System or adjacent to such a unit; or (3) restoration of natural resources, including native wildlife habitat or ecosystems.
Bars the Secretary from using any funds associated with such an agreement for the purposes of land acquisition, regulatory activity, or the development, maintenance, or operation of infrastructure, except for ancillary support facilities that the Secretary determines to be necessary for the completion of projects or activities identified in the agreement.
Subtitle B: Boundary Adjustments and Authorizations - (Sec. 311) Authorizes the Secretary of the Interior to acquire from willing sellers not more than 110 acres of certain land, water, or interests in land and water to be added to the Carl Sandburg Home National Historic Site.
Permits the Secretary, in order to preserve the historic character and landscape of the Site, to also acquire up to five acres of land for the development of a visitor center and visitor parking area adjacent to or in the vicinity of the Site.
Instructs the Secretary, upon the acquisition of any land or interest in land under this section, to revise the boundary of the Site to reflect the acquisition. Requires any land added to the Site by this section to be administered as part of the Site.
(Sec. 312) Modifies the boundary of the Lowell National Historical Park to include certain properties in the city of Lowell, Massachusetts.
(Sec. 313) Adjusts the boundary of the Minidoka Internment National Monument in Idaho to include the Nidoto Nai Yoni ("Let it not happen again") memorial that commemorates the Japanese Americans of Bainbridge Island, Washington, who were the first to be forcibly removed from their homes and relocated to internment camps during World War II.
Requires the memorial to be administered as part of the Minidoka Internment National Monument.
Authorizes the Secretary of the Interior in order to carry out requirements under this section concerning the memorial, to enter into agreements with: (1) the City of Bainbridge Island; (2) the Bainbridge Island Metropolitan Park and Recreational District; (3) the Bainbridge Island Japanese American Community Memorial Committee; (4) the Bainbridge Island Historical Society; and (5) other appropriate individuals or entities.
Allows the Secretary, in order to implement such an agreement, to: (1) enter into a cooperative management agreement relating to the operation and maintenance of the memorial with the city; and (2) enter into cooperative agreements with, and make grants to, the city and other non-federal entities for the development of facilities, infrastructure, and interpretive media at the memorial, if any federal funds provided by a grant or through a cooperative agreement are matched with nonfederal funds.
Authorizes the Secretary to operate and maintain a site in the state of Washington for administrative and visitor use purposes associated with the Minidoka Internment National Monument.
Establishes the Minidoka National Historic Site in order to protect, preserve, and interpret the resources associated with the former Minidoka Relocation Center where Japanese Americans were incarcerated during World War II.
Abolishes the Minidoka Internment National Monument (the Monument) as described in Presidential Proclamation 7395 of January 17, 2001. Incorporates land and any interests in the land at the Monument within, and made part of, the Site.
Makes any funds available for purposes of the Monument available for the Site.
Specifies the boundaries of the Site.
Transfers administrative jurisdiction over: (1) the BOR parcel 1 and BOR parcel 2, including any improvements on, and appurtenances to, the parcels, from the Bureau of Reclamation to the National Park Service (NPS) for inclusion in the Site; and (2) specified public domain lands from the Bureau of Land Management (BLM) to the NPS for inclusion in the Site. Revokes portions of any prior Department of the Interior orders withdrawing such public domain land.
Authorizes the Secretary to acquire any land or interest in land within the boundary of the Site.
Instructs the Secretary to interpret the story of the relocation of Japanese Americans during World War II to the Minidoka Relocation Center and other centers across the United States. Requires that, to the extent feasible, the collection of oral histories and testimonials from Japanese Americans who were confined shall be a part of the interpretive program at the Site.
Requires the Secretary to coordinate the development of interpretive and educational materials and programs for the Site with the Manzanar National Historic Site in California.
Authorizes the Secretary, in keeping with the historical use of the land following the decommission of the Minidoka Relocation Center, to issue a special use permit or enter into a lease to allow agricultural uses within the Site.
Authorizes the Secretary to issue to Jerome County, Idaho, a document of disclaimer of interest in land for the parcel identified as Tract No. 2.
Authorizes the Secretary of the Interior to convey all interest in specified land and improvements to the: (1) American Falls Reservoir District No. 2 (District) in Jerome, Lincoln, and Gooding Counties, Idaho; (2) city of Gooding; and (3) Idaho Department of Fish and Game.
Requires the District, upon conveyance of such land and improvements, to comply with all applicable federal, state, and local laws (including regulations) in the operation of each facility transferred. Prohibits anything with regard to such conveyances from modifying or otherwise affecting the applicability of federal reclamation law (the Act of June 17, 1902, and Acts supplemental to and amendatory of that Act) to project water provided to the District.
Revokes the Department of the Interior's previous orders that withdrew specified land from the Gooding Division of the Minidoka project and requires the the Secretary, acting through the Director of the BLM, to manage the withdrawn land.
Relieves the United States of liability for damages of any kind relating to the land conveyed under the conveyance, unless they result from injury caused by negligence of the United States.
Requires the District to assume responsibility for all duties and costs associated with the operation, replacement, maintenance, enhancement, and betterment of the transferred land (including any improvements to the land). Bars the District from being eligible to receive federal funding to assist in any such activity relating to such land and improvements transferred, with the exception of any funding that would be available to a similarly situated nonreclamation district, as determined by the Secretary.
Instructs the Secretary, before completing any conveyance of such land and improvements, to complete all actions required under: (1) the National Environmental Policy Act if 1969; (2) the Endangered Species Act of 1973; (3) the National Historic Preservation Act; and (4) all other applicable laws (including regulations).
Requires the District to pay fair market value for the withdrawn lands to be acquired by them, in accordance with the terms of Agreement No. 5-07-10-L1688 between the United States and the District.
Directs the Secretary, acting through the Commissioner of Reclamation, in full satisfaction of the federal obligation to the District for the replacement of the existing structure that is to be transferred to the NPS for inclusion in the Minidoka National Historic Site, to provide to the District a grant in a specified amount in accordance with the terms of the Agreement.
(Sec. 314) Amends Public Law 99-420 (relating to the establishment of a permanent boundary for the Acadia National Park in Maine) to prohibit any town in which there is federally owned property under the jurisdiction of the Secretary of the Interior which lies outside the boundary of the Park from being eligible to receive such lands unless lands within the Park boundary and owned by such town have been conveyed to the Secretary.
Extends the Acadia National Park Advisory Commission. Makes such extension effective on September 25, 2006.
Increases the ceiling on the amount of appropriations for the acquisition of lands and interests with respect to the Acadia National Park.
Authorizes the Secretary to provide assistance in the planning, construction, and operation of an intermodal transportation center located outside the Park's boundary, in the town of Trenton, Maine, to improve the management, interpretation, and visitor enjoyment of the Park. Allows the Secretary, in administering the intermodal transportation center, to enter into interagency agreements with other federal agencies and cooperative agreements with state and local agencies and nonprofits to: (1) provide exhibits, interpretive services, and technical assistance; (2) conduct activities that facilitate the dissemination of information related to the Park and the Island Explorer transit system or any successor transit system; (3) provide financial assistance for the construction of the center in exchange for space in the center that is sufficient for interpretation of the Park; and (4) assist with the operation and maintenance of the center. Authorizes appropriations.
Subtitle C: Studies - (Sec. 321) Directs the Secretary of the Interior to conduct a special resource study relating to the First and Second Battles of Newtonia (Missouri) during the Civil War, including evaluating the suitability and feasibility of adding the battlefields and related sites as part of Wilson's Creek National Battlefield or designating such battlefields and sites as a unit of the National Park System.
(Sec. 322) Directs the Secretary of the Interior to study the suitability and feasibility of designating the Soldiers' Memorial Military Museum at 1315 Chestnut, St. Louis, Missouri, as a unit of the National Park System.
(Sec. 323) Directs the Secretary of the Interior to complete a special resource study to determine: (1) the suitability and feasibility of designating the Wolf House on Highway 5 in Norfork, Arkansas, as a unit of the National Park System; and (2) the methods and means for the protection and interpretation of the Wolf House.
(Sec. 324) Directs the Secretary of the Interior, acting through the Director of the NPS, to conduct a special resource study to determine the suitability and feasibility of establishing a memorial as a unit or units of the National Park System to the Space Shuttle Columbia on the four specified parcels of land in Texas on which large debris from the Space Shuttle was recovered.
Authorizes the Secretary to recommend to Congress additional sites in Texas relating to the Space Shuttle Columbia for establishment as memorials to the Space Shuttle.
(Sec. 325) Directs the Secretary of the Interior to complete a special resource study to determine: (1) appropriate methods for preserving and interpreting certain sites in Arizona, California, and other states that are significant to the life of Cesar E. Chavez and the farm labor movement in the western United States; and (2) whether any of the sites meets the criteria for listing on the National Register of Historic Places or designation as a national historic landmark.
Directs the Secretary to: (1) consider the criteria for the study of areas for potential inclusion in the National Park System; and (2) consult with the Cesar E. Chavez Foundation, the United Farm Workers Union, and state and local historical associations and societies.
(Sec. 326) Directs the Secretary of the Interior to conduct a special resource study regarding the suitability and feasibility of designating certain historic buildings and areas in Taunton, Massachusetts, as a unit of the National Park System.
Requires recommendations in the report to include discussion and consideration of the concerns expressed by private landowners with respect to designating the structures referred to in this section as a a unit of the National Park System.
(Sec. 327) Directs the Secretary of the Interior to complete a special resource study of the area known as the Rim of the Valley Corridor, including the mountains encircling the San Fernando, La Crescenta, Santa Clarita, Simi, and Conejo Valleys in California, to determine: (1) the suitability and feasibility of designating all or a portion of the Corridor as a unit of the Santa Monica Mountains National Recreation Area; and (2) the methods and means for the protection and interpretation of the Corridor.
Requires the Secretary to document: (1) the process used to develop the existing Santa Monica Mountains National Recreation Area Fire Management Plan and Environmental Impact Statement (September 2005); and (2) all activity conducted pursuant to such Plan designed to protect lives and property from wildfire.
Subtitle D: Memorials, Commissions, and Museums - (Sec. 331) Authorizes the Marion Park Project, a committee of the Palmetto Conservation Foundation, to establish a commemorative work on federal land in the District of Columbia and its environs to honor Brigadier General Francis Marion.
Prohibits the use of federal funds to pay any expense of its establishment.
Makes the Marion Park Project solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of such commemorative work.
(Sec. 332) Amends the Department of Defense Appropriations Act, 2000 to revise the administrative authorities of the Dwight D. Eisenhower Memorial Commission.
Authorizes the Commission to: (1) enter into contracts for specialized or professional services without regard to certain civil service requirements; (2) accept gifts of real or personal property; (3) appoint an architect; (4) hire and fire staff without regard to competitive service requirements and obtain temporary, intermittent, and part-time services; (5) enter into cooperative agreements with other government and private entities; and (6) accept volunteer services.
Requires the Commission to: (1) appoint an Executive Director; and (2) obtain administrative and support services from the General Services Administration.
(Sec. 333) Establishes the Commission to Study the Potential Creation of a National Museum of American Latino Heritage to report its recommendations with respect to developing a plan of action for the establishment and maintenance of a National Museum of the American Latino in Washington, D.C.
Requires the Commission to develop a fund-raising plan for supporting the creation and maintenance of the Museum through contributions by the American people, and a separate plan on fund-raising by the American Latino community.
Specifies issues that the Commission shall examine (in consultation with the Secretary of the Smithsonian Institution) and report on.
Requires the Commission, based on the recommendations contained in such reports, to submit recommendations for a legislative plan of action to create and construct the Museum.
Authorizes the Commission to convene a national conference on the Museum, which shall be comprised of individuals committed to the advancement of American Latino life, art, history, and culture.
(Sec. 334) Establishes the Champlain Quadricentennial Commemoration Commission to plan and execute programs and activities to commemorate the 400th anniversary of the voyage of Samuel de Champlain (the first European to discover and explore Lake Champlain).
Establishes the Hudson-Fulton 400th Commemoration Commission to plan and execute programs and activities to commemorate the 400th anniversary of the voyage of Henry Hudson (the first European to sail up the Hudson River) and the 200th anniversary of the voyage of Robert Fulton (the first person to use steam navigation on a commercial basis).
Allows the Champlain Commission and the Hudson-Fulton Commission to make grants to communities, nonprofits, and state commemorative commissions as described in this section. Requires the Commissions to provide technical assistance to states, localities, and nonprofits to further the Champlain commemoration and Hudson-Fulton commemoration, as applicable.
Directs the Champlain Commission to coordinate and consult with the Lake Champlain Basin Program in providing such grants and technical assistance.
Terminates such Commissions on December 31, 2010.
(Sec. 335) Expresses the sense of Congress that the Museum of the American Quilter's Society, at 215 Jefferson Street in Paducah, Kentucky, should be designated as the "National Quilt Museum of the United States."
(Sec. 336) Expresses the sense of Congress that the National Museum of Wildlife Art, at 2820 Rungius Road, Jackson, Wyoming, should be designated as the "National Museum of Wildlife Art of the United States."
(Sec. 337) Redesignates the Ellis Island Library, on the third floor of the Ellis Island Immigration Museum on Ellis Island in New York Harbor, as the "Bob Hope Memorial Library."
Subtitle E: Trails and Rivers - (Sec. 341) Amends the National Trails System Act to include the Star-Spangled Banner National Historic Trail, a trail consisting of water and overland routes totaling approximately 290 miles and extending from Tangier Island, Virginia, through southern Maryland, the District of Columbia, and northern Virginia and in the Chesapeake Bay, Patuxent River, Potomac River and north to the Patapsco River and Baltimore, Maryland, commemorating the Chesapeake Campaign of the War of 1812.
Requires the Trail to be administered by the Secretary of the Interior.
Allows the Secretary to provide to state and local governments and nonprofits interpretive programs and services and technical assistance.
(Sec. 342) Authorizes the Secretary of the Interior to convey to the Missouri River Basin Lewis and Clark Interpretive Trail and Visitor Center Foundation, Inc., specified federal land associated with the Lewis and Clark National Historic Trail in Nebraska, to be used as an historic site and interpretive center for the Trail. Authorizes appropriations for site and center operation.
(Sec. 343) Directs the Secretary of the Interior to complete a special resource study to determine: (1) the suitability and feasibility of adding the Eastern Legacy sites (the sites associated with the preparation or return phases of the Lewis and Clark expedition, commonly known as the "Eastern Legacy," including sites in Virginia, the District of Columbia, Maryland, Delaware, Pennsylvania, West Virginia, Ohio, Kentucky, Tennessee, Indiana, Missouri, and Illinois) to the Lewis and Clark National Historic Trail; and (2) the methods and means for the protection and interpretation of those sites.
(Sec. 344) Amends the Wild and Scenic Rivers Act to designate as a component of the national wild and scenic rivers system (the system) certain segments of the main stem and specified tributaries of the Eightmile River, Connecticut.
Declares that such segments shall be managed in accordance with the Eightmile River Watershed Management Plan and such amendments as the Secretary of the Interior determines are consistent with this section.
Deems the Plan to satisfy the requirements for a comprehensive management plan required under the Act.
Instructs the Secretary to coordinate management responsibilities regarding the Eightmile River with the Eightmile Coordinating Committee, as specified in the Plan.
Allows the Secretary to enter into cooperative agreements for administration and for assistance, advice, and cooperation to plan, protect, and manage river resources with the state of Connecticut, the towns of Salem, Lyme, and East Haddam, and appropriate local planning and environmental organizations. Requires the agreements to be consistent with the Plan and allows provisions for federal assistance.
Prohibits the Eightmile River from being administered as part of the National Park System or being subject to related regulations.
Deems the zoning ordinances adopted by the towns, in effect as of December 8, 2005, to satisfy the standards and requirements under the Act regarding the prohibition on federal acquisition of lands by condemnation for inclusion in any wild, scenic, or recreational river area and such towns to be "villages" for such purposes. Limits the authority of the Secretary to acquire lands for purposes of the Act to acquisition by donation or acquisition with the owner's consent and subjects it to the additional criteria set forth in the Plan.
Recognizes specified tributaries of the Eightmile River watershed as integral to the protection and enhancement of the river and watershed.
Subtitle F: Denali National Park and Alaska Railroad Exchange - (Sec. 351) Authorizes the Secretary of the Interior to grant to the Alaska Railroad Corporation an exclusive use easement on land that is identified by the Secretary within Denali National Park to provide a location to the Corporation for the construction, maintenance, and on-going operation of track and associated support facilities for turning railroad trains around near Denali Park Station. Directs the Secretary, in exchange for the easement granted, to require the relinquishment of certain portions of the Corporation's existing exclusive use easement within the boundary of the Park.
Requires the easement conveyed to the Corporation to be under the same terms as the exclusive use easement granted to the Alaska Railroad in the Park in a specified deed. States that the easement relinquished by the Corporation, respecting the portion being exchanged, shall be the full title and interest received by the Alaska Railroad in such deed. Requires the Alaska Railroad to pay all costs associated with such land exchange.
Designates the land underlying any easement relinquished to the United States under this section that is adjacent to designated wilderness as wilderness and added to the Denali Wilderness, the boundaries of which are modified accordingly.
Instructs the Secretary to require any additional terms and conditions that the Secretary determines are appropriate to protect the interests of the United States and of the Park.
Subtitle G: National Underground Railroad Network to Freedom Amendments - (Sec. 361) Amends the National Underground Railroad Network to Freedom Act of 1998 to revise the authorization of appropriations for each fiscal year for: (1) the National Underground Railroad Network to Freedom program; and (2) preservation and restoration of historic buildings and structures associated with the Underground Railroad.
Subtitle H: Grand Canyon Subcontractors - (Sec. 372) Authorizes the Secretary of the Interior to pay the amount owed to the subcontractors of Pacific General, Inc. (PGI), for work performed at the Grand Canyon National Park in Arizona between FY2002-FY2003 under a General Services Administration (GSA) indefinite deliver/indefinite quantity contract (IDIQ), provided that specified conditions are met before that payment.
Title IV: National Heritage Areas - Subtitle A: Journey Through Hallowed Ground National Heritage Area - (Sec. 403) Establishes the Journey Through Hallowed Ground National Heritage Area comprising the 175 mile-region following the Route 15 corridor and certain surrounding areas through Pennsylvania, Maryland, West Virginia, and Virginia.
(Sec. 405) Requires the Secretary of the Interior to evaluate the accomplishments of the Area.
(Sec. 406) Designates the Journey Through Hallowed Ground Partnership as the local coordinating entity for the Area. Requires the Partnership to prepare and submit a management plan for the Area.
(Sec. 409) Authorizes appropriations.
(Sec. 411) Terminates the authority of the Secretary to provide financial assistance under this subtitle 15 years after enactment of this subtitle.
Subtitle B: Niagara Falls National Heritage Area - (Sec. 423) Establishes the Niagara Falls National Heritage Area in New York. Specifies the boundaries of the Area.
(Sec. 425) Requires the Secretary of the Interior to evaluate the accomplishments of the Area.
(Sec. 426) Designates as the local coordinating entity for the Area: (1) the Niagara Falls National Heritage Area Commission (established by this subtitle) for a five-year period beginning on the enactment of this subtitle; and (2) a private nonprofit or governmental organization designated by the Commission on the expiration of such period. Requires the local coordinating entity to prepare and submit a management plan for the Area.
(Sec. 430) Authorizes appropriations.
(Sec. 432) Terminates the authority of the Secretary to provide financial assistance under this subtitle 15 years after enactment of this Act.
Subtitle C: Abraham Lincoln National Heritage Area - (Sec. 443) Establishes the Abraham Lincoln National Heritage Area in Illinois, which shall consist of sites designated by the management plan (prepared pursuant to this subtitle) within a specified core area in central Illinois.
(Sec. 445) Requires the Secretary of the Interior to evaluate the accomplishments of the Area.
(Sec. 446) Designates the Looking for Lincoln Heritage Coalition as the local coordinating entity for the Area. Requires the Coalition to prepare and submit a management plan for the Area.
(Sec. 449) Authorizes appropriations.
(Sec. 451) Terminates the authority of the Secretary to provide financial assistance under this subtitle 15 years after enactment of this subtitle.
Subtitle D: Authorization Extensions and Viability Studies - (Sec. 461) Amends the Omnibus Parks and Public Lands Management Act of 1996 to increase the amount authorized to be appropriated for the National Coal Heritage Area, Tennessee Civil War Heritage Area, Augusta Canal National Heritage Area, Steel Industry American Heritage Area, Essex National Heritage Area, South Carolina National Heritage Corridor, America's Agricultural Partnership, Ohio & Erie Canal National Heritage Corridor (redesignated by this Act as the Ohio & Erie National Heritage Canalway), and Hudson River Valley National Heritage Area.
Directs the Secretary of the Interior to evaluate the accomplishments of such Areas.
Subtitle E: Technical Corrections and Additions - (Sec. 471) Amends the Omnibus Parks and Public Lands Management Act of 1996 to make resources in Lincoln County, West Virginia, and Paint Creek and Cabin Creek in Kanawha County, West Virginia, as determined to be appropriate by the National Coal Heritage Area Authority, eligible for the provision of assistance.
Requires the Authority (under current law, the governor of West Virginia) to submit a management plan for the Area, which shall set forth the responsibilities of the Authority, as well as those of the Secretary, to administer any properties acquired pursuant to a contractual agreement.
(Sec. 472) Adds Butler County, Pennsylvania, to the Rivers of Steel National Heritage Area.
(Sec. 473) Expands the boundaries of the South Carolina National Heritage Corridor to include the counties of Berkeley and Saluda and the portion of Georgetown County that is not part of the Gullah/Geechee Cultural Heritage Corridor.
(Sec. 474) Redesignates the Ohio & Erie Canal National Heritage Corridor as the "Ohio & Erie National Heritage Canalway."
Repeals provisions regarding the establishment and powers and duties of the Ohio & Erie Canal National Heritage Corridor Committee.
Requires the Ohio & Erie Canal Association to develop and submit to the Secretary of the Interior a management plan for the Canalway. Changes reference to the Superintendent of the Cuyahoga Valley National Recreation Area to the Superintendent of the Cuyahoga Valley National Park.
Removes all references to the Committee under the requirements with respect to the effect of the Ohio & Erie Canal National Heritage Corridor Act of 1996 on: (1) zoning or land use control powers; and (2) private property and local zoning ordinance and land use plans. Specifies such Act's effect on the Ohio & Erie Canal Association with respect to such property and plans. Prohibits the Secretary from providing any financial assistance (under current law, any assistance), as well as making any grants, under such Act after September 30, 2012.
(Sec. 475) Provides for funds made available under provisions relating to the establishment of the New Jersey Coastal Heritage Trail Route to be used for the preparation of the strategic plan for the Trail Route.
Prohibits requiring a nonfederal match for funding made available for the preparation of such plan. Extends the authorities provided to the Secretary with respect to the Trail Route to September 30, 2011.
Subtitle F: Studies - (Sec. 481) Directs the Secretary of the Interior to study the feasibility of designating the coastal areas of Clatsop County, Oregon, and Pacific County, Washington (also known as the North Beach Peninsula) and areas relating to Native American history, local history, Euro-American settlement culture, and related economic activities of the Columbia River eastward in Clatsop County and Pacific, Columbia, and Wahkiakum Counties, Washington, as the "Columbia-Pacific National Heritage Area."
Instructs the Secretary to analyze the potential impact that designation of the area as a national heritage area is likely to have on land within the proposed area or bordering such area that is privately owned.
(Sec. 482) Directs the Secretary of the Interior to study the suitability and feasibility of designating a specified study area (including the Abraham Lincoln Birthplace National Historic Site) in Kentucky in honor of Abraham Lincoln.
Title V: Bureau of Reclamation and United States Geological Survey Authorizations - (Sec. 501) Directs the Secretary of the Interior, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey, to conduct a study that includes: (1) a survey of accessible water supplies, including aquifers, on the Kenai Peninsula in the municipality of Anchorage, the Matanuska-Susitna Borough, the city of Fairbanks, and the Fairbanks Northstar Borough; (2) a survey of water treatment needs and technologies applicable to the water resources of Alaska; and (3) a review of the need for enhancement of the streamflow information collected by the Geological Survey in the state relating to critical water needs in areas such as infrastructure risks to state transportation, flood forecasting, resource extraction, and fire management. Terminates the Secretary's authority to carry out this section 10 years after its enactment. Authorizes appropriations.
(Sec. 502) Authorizes the Redwood Valley County Water District, California, to enter into additional nonfederal obligations necessary to finance procurement of dedicated water rights and improvements needed, if the Secretary of the Interior and the District, as of January 1, 2006, have not renegotiated the schedule of payments for loans made by the United States to the District. Requires: (1) the renegotiated schedule of payments to commence when such additional obligations have been financially satisfied by the District; and (2) the date of the initial payment by the District to the United States to be regarded as the start of the repayment period and the time upon which any interest shall first be computed and assessed under the Small Reclamation Projects Act of 1956.
(Sec. 503) Directs the Secretary of the Interior to transfer ownership of the American River Pump Station Project at Auburn, California, to the Placer County Water Agency.
Makes federal costs associated with construction of the Project nonreimbursable. Authorizes the Secretary to grant title to the Agency in full satisfaction of U.S. obligations under Land Purchase Contract 14-06-859-308 to provide a water supply to that Agency. Requires the Secretary, before conveying such land and facilities, to comply with requirements under the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, and any other applicable law.
Provides that, upon the transfer, the United States shall not be liable for damages relating to the land or facilities.
(Sec. 504) Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to conduct a feasibility study (including an environmental evaluation and a cost allocation) on raising the height of the Arthur V. Watkins Dam for the development of additional storage to meet water supply needs within the Weber Basin Project area and the Wasatch Front, Utah.
Directs the Secretary to accept in-kind contributions of goods or services from the Weber Basin Water Conservancy District as part of the nonfederal cost share. Authorizes appropriations. Terminates the Secretary's authority to carry out this section 10 years after enactment of this Act.
(Sec. 505) Directs the Secretary of the Interior, at the request of the governor of New Mexico and acting through the Bureau of Reclamation and the Geological Survey, to: (1) provide to New Mexico technical assistance and grants for the development of comprehensive state water plans; (2) conduct water resources mapping in New Mexico; and (3) conduct a comprehensive study of groundwater resources in New Mexico to assess the quantity, quality, and interaction of groundwater and surface water resources.
Directs the Secretary to allocate specified funds: (1) to develop hydrologic models and acquire associated equipment for the New Mexico Rio Grande main stem sections and Rios Pueblo de Taos and Hondo, Rios Nambe, Pojoaque and Teseque, Rio Chama, and Lower Rio Grande tributaries; (2) to complete the hydrographic survey development of hydrologic models and acquire associated equipment for the San Juan River and tributaries and for Southwest New Mexico, including the Animas Basin, the Gila River, and tributaries; and (3) for statewide digital orthophotography mapping.
Authorizes appropriations. Terminates the Secretary's authority to carry out this section 10 years after enactment of this Act.
(Sec. 506) Directs the Secretary of the Interior to convey certain buildings and lands of the Yakima Project, Washington, to the Yakima-Tieton Irrigation District. Shields the United States from liability for damages relating to the conveyed buildings and lands, except for damages caused by negligent acts committed before the conveyance date.
Directs the Secretary to report to Congress if the Secretary has not completed the conveyance within a year.
(Sec. 507) Amends the Reclamation Projects Authorization and Adjustment Act of 1992 to include Juab County among those Utah counties for which Bonneville Unit of the Central Utah Project funds may be provided for a Utah Division of Water Resources feasibility study and development of systems to allow groundwater recharge, management, and the conjunctive use of surface water resources with groundwater resources.
(Sec. 508) Authorizes any owner of land within the A&B Irrigation District in Idaho to repay at any time the construction costs of District project facilities that are allocated to such land. Provides that, upon full payment of such costs, the parcels shall not be subject to specified ownership and full-cost pricing limitations under federal reclamation law, for which the Secretary shall, upon request, provide the landowner a certificate.
(Sec. 509) Amends the Oregon Resource Conservation Act of 1996 to: (1) replace references to the Deschutes River Basin Working Group with the Deschutes River Conservancy Working Group; (2) require the two representatives of private interests from irrigated agriculture on the Working Group to actively farm more than 100 acres of irrigated land and not be irrigation district managers; (3) direct the Bureau of Reclamation to pay up to a specified amount of the cost of performing projects proposed by the Working Group and approved by the Secretary of the Interior for FY2007-FY2016; and (4) authorize appropriations for Deschutes Basin ecosystem restoration projects for FY2007-FY2016.
Authorizes the Secretary, acting through the Commissioner of Reclamation, to provide grants to, or enter into agreements with, tribal, state, and local governmental entities and the Associated Ditch Companies, Incorporated (ADC) to plan, design, and construct facilities needed to implement the Wallowa Lake Dam Rehabilitation Program as long as the Secretary ensures that: (1) the Program and activities meet the standards of Oregon's dam safety program; (2) ADC agrees to assume liability for any work performed or supervised with federal funds; and (3) the United States is not liable for damages relating to a facility rehabilitated or constructed with federal funds. Prohibits crediting against the federal share of the costs of activities authorized any expenditure made by the Bonneville Power Administration in the Wallowa River watershed or by individual agricultural producers in any federal commodity or conservation program. Requires the Secretary to comply with applicable Oregon water law. Prohibits the federal government from holding title to any facility rehabilitated or constructed or from being responsible for operation and maintenance of any such facility. Authorizes appropriations. Terminates the Secretary's authority to carry out such Program 10 years after enactment.
Authorizes the Secretary, through the Bureau, to participate in the Water for Irrigation, Streams and the Economy Project water management feasibility study and environmental impact statement in accordance with the Memorandum of Agreement Between City of Medford and Bureau of Reclamation for the Water for Irrigation, Streams, and the Economy Project. Authorizes appropriations. Terminates the Secretary's authority to carry out such study and statement 10 years after the enactment of this section.
Modifies a repayment contract between the Secretary and the North Unit Irrigation District, Oregon, to permit the District to engage in, or take advantage of, conserved water projects authorized by Oregon law. Permits the Secretary, acting through the Commissioner, to renegotiate in the future with the District such contractual terms as the District directors deem necessary only upon their written request and the Commissioner's consent.
(Sec. 510) Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to study the feasibility of implementing a water supply and conservation project that will: (1) improve water supply reliability in the Republican River Basin between Harlan County Lake in Nebraska and Milford Lake in Kansas; (2) increase the capacity of water storage through projects that serve areas in the Republican River Basin; and (3) improve water management efficiency in the Republican River Basin and, where appropriate, evaluate integrated water resource management and supply needs in the Republican River Basin. Terminates the Secretary's authority to carry out this section 10 years after enactment of this Act.
(Sec. 511) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior, in cooperation with the Eastern Municipal Water District, California, to participate in the design, planning, and construction of permanent facilities needed to establish operational pressure zones that will be used to provide recycled water in the district. Bars the use of funds provided by the Secretary for project operation or maintenance. Authorizes appropriations. Terminates the Secretary's authority to carry out this section 10 years after its enactment.
(Sec. 512) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act to authorize the Secretary of the Interior to participate in the design, planning, and construction of recycled water projects in cooperation with: (1) Palo Alto and Mountain View, California; (2) Pittsburg, California, and the Delta Diablo Sanitation District; (3) Antioch, California, and the Delta Diablo Sanitation District; (4) the North Coast County Water District; (5) Redwood City, California; (6) the South County Regional Wastewater Authority and the Santa Clara Valley Water District; and (7) San Jose, California, and the Santa Clara Valley Water District.
Prohibits the Secretary from providing funds for operation and maintenance. Authorizes appropriations.
Expresses the intent of Congress that a comprehensive water recycling program for the San Francisco Bay Area include the San Jose Area water reclamation and reuse program authorized by the Reclamation Projects Authorization and Adjustment Act of 1992.
(Sec. 513) Makes costs incurred by the Secretary of the Interior for the physical fortification of Bureau of Reclamation facilities to satisfy increased post-September 11, 2001, security needs non-reimbursable.
Directs the Secretary of the Interior to include up to a specified amount of costs incurred for increased levels of guards and patrols, training, patrols by local and tribal law enforcement entities, operation, maintenance, and replacement of guard and response force equipment, and operation and maintenance of facility fortifications at Bureau facilities after September 11, 2001, as reimbursable operation and maintenance costs under reclamation law. Requires site security costs allocated to irrigation and municipal and industrial water service under this section for the Central Valley Project, California, to be collected by the Secretary exclusively by including such costs in operation and maintenance water rates.
Directs the Secretary: (1) upon identifying a Bureau facility for a site security measure, to provide to the project beneficiaries written notice describing the need for and the process for identifying and implementing the measure and summarizing related administrative and legal requirements; (2) to provide project beneficiaries an opportunity to consult with the Bureau on the planning, design, and construction of the measure; (3) before incurring security-related costs, to consider cost containment measures recommended by a project beneficiary; (4) to provide to the project beneficiary a timely written response describing any proposed actions to address the recommendations and notice regarding the costs and status of such activities; and (5) to report annually on site security actions and activities undertaken pursuant to this Act, including a summary of expenditures and information relating to a five-year planning horizon showing pre- and post-September 11, 2001, costs for site security activities.
(Sec. 514) Directs the Secretary of the Interior to study: (1) obstacles to reducing the quantity of produced water (water that is brought to the surface as part of the process of exploration for or development of oil, natural gas, coal-bed methane, or any other substance to be used as an energy source) and to increasing the extent to which produced water can be used for irrigation and other purposes without adversely affecting water quality, public health, or the environment; (2) actions that could reduce or eliminate such obstacles; and (3) costs and benefits associated with reducing or eliminating such obstacles.
Directs the Secretary to provide financial assistance for the development of facilities, technologies, and processes to demonstrate the feasibility, effectiveness, and safety of: (1) optimizing energy resource production by reducing the quantity of produced water generated; or (2) increasing the extent to which produced water may be recovered and made suitable for irrigation, municipal, or industrial uses or other purposes without adversely affecting water quality or the environment. Requires such assistance to be provided for: (1) at least one project in each of the Upper Basin states (Colorado, New Mexico, Utah, and Wyoming); and (2) at least one project in at least one of the Lower Basin states (Arizona, California, and Nevada). Prohibits such assistance from exceeding $1 million for any project or from being used to pay more than 50% of project cost or for facility operation or maintenance. Authorizes appropriations.
(Sec. 515) Authorizes the Secretary of the Interior, acting through the Commissioner of Reclamation and in cooperation with the Governance Committee established under the Platte River Recovery Implementation Program Cooperative Agreement, to: (1) participate in such Program; (2) carry out any projects or activities that are designated for implementation during the Program's first 13 years (First Increment); (3) acquire interests in land, water, and facilities from willing sellers; (4) transfer acquired interests; and (5) accept or provide grants.
Allows the Program to be modified before the completion of the First Increment if the Secretary and the states of Nebraska, Wyoming, and Colorado determine that the modifications are consistent with Program purposes.
Specifies this Act's effect with respect to: (1) acreage limitations provisions of reclamation laws; and (2) water rights.
Terminates the Secretary's authority to implement the First Increment on September 30, 2020.
Authorizes the Secretary, acting through the Commissioner, to: (1) modify the Pathfinder Dam and Reservoir; and (2) enter one or more agreements with the state of Wyoming to implement the Pathfinder Modification Project.
Authorizes the capacity of the Pathfinder Reservoir to be used for municipal, environmental, and other purposes, as described in Appendix F to the final settlement stipulation in Nebraska v. Wyoming. Bars certain of the authorized actions and water uses described above concerning the Project from occurring until the following actions are completed: (1) final approval from the Wyoming legislature for the export of Project water to Nebraska under the laws of Wyoming; and (2) final approval in a change of water use proceeding under the laws of Wyoming for all new uses planned for Project water. (States that final approval includes exhaustion of any available review under state law of any administrative actions authorizing the change of the Pathfinder Reservoir water right.)
(Sec. 516) Directs the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation to conduct a feasibility study of alternatives to augment the water supplies of the Central Oklahoma Master Conservatory District and cities served by the District. Requires the study to include any recommendations of the Secretary of the Interior related to the alternatives studied. Authorizes appropriations.
Title VI: Department of Energy Authorizations - (Sec. 601) Amends the Energy Policy Act of 2005 to direct the Secretary of Energy to award grants for a five-year period to nonprofit institutions, state and local governments, cooperative extension services, or institutions of higher education to establish a geographically dispersed network of Advanced Energy Technology Transfer Centers, located in areas the Secretary determines have the greatest need of their services.
Requires the Secretary to: (1) give priority to applicants already operating or partnered with an outreach program capable of transferring such knowledge and information about advanced energy efficiency methods and technologies; (2) give preference to those that would significantly expand on or fill a gap in existing programs in a geographical region; and (3) consider the special needs and opportunities for increased energy efficiency for manufactured and site-built housing, including construction, renovation, and retrofit.
Revises provisions regarding Center activities and operations and selection criteria.
Prohibits the use of grant funds for facilities construction.
(Sec. 602) Amends the Steel and Aluminum Energy Conservation and Technology Competitiveness Act of 1988 to authorize appropriations for FY2008-FY2012.
Requires the Secretary of Energy, in reviewing research and development activities for possible inclusion in the research plan to expand the steel research and development initiative, to consider among steel project priorities the development of technologies which reduce greenhouse gas emissions.
Revises the requirement for consideration of the development of advanced coatings for sheet steels to specify sheet and bar steels.
Title VII: Northern Mariana Islands - Subtitle A: Immigration, Security, and Labor - (Sec. 702) Extends U.S. immigration laws, as defined by the Immigration and Nationality Act, to the Commonwealth of the Northern Mariana Islands (CNMI), subject to a transition period through December 31, 2014.
Sets forth provisions respecting: (1) numerical limitations for nonimmigrant workers (parallel provisions for Guam and the CNMI); (2) nonimmigrant investors and nonimmigrant workers; and (3) removal.
Directs the Secretary of the Interior to report to Congress respecting nonresident guestworkers in the CNMI.
Amends the Immigration and Nationality Act to provide for CNMI nonimmigrant visitor visa waivers (as currently provided for Guam) for stays of up to 45 days (current law provides for 15-day stays) in Guam or the CNMI. Directs the Secretary of Homeland Security (Secretary) to monitor such admissions and suspend the entry of nationals from a country whose nationals have created an unacceptable number of program violations or pose security or law enforcement risks.
Provides that a person: (1) seeking U.S. entry from the CNMI shall be processed under existing immigration authority regarding entry from Guam, Puerto Rico, and the U.S. Virgin Islands; and (2) denied admission shall be immediately removed.
Authorizes: (1) additional countries to be added to such visa waiver program; (2) creation of additional Guam or CNMI-only nonimmigrant visas; and (3) the Attorney General, the Secretary, and the Secretary of Labor to establish CNMI immigration operations offices.
Directs the President and the Government Accountability Office (GAO) to report to Congress respecting the transition program. Authorizes the Governor of CNMI to report to the President respecting the program. States that the CNMI government shall: (1) not permit an increase in the number of alien workers in the CNMI as of the date of enactment of this Act; and (2) administer its non-refoulement protection program in accordance with its September 2003 agreement with the Department of the Interior.
Exempts hospitals in Guam, the CNMI, and the U.S. Virgin Islands from certain nurse admissions requirements.
(Sec. 704) Authorizes appropriations.
Subtitle B: Northern Mariana Islands Delegate - (Sec. 711) States that: (1) the Commonwealth of the Northern Mariana Islands shall be represented in the U.S. Congress by the Resident Representative to the United States (authorized by the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union With the United States of America); and (2) the Resident Representative shall be a nonvoting Delegate to the House of Representatives and elected as provided for by this subtitle.
Title VIII: Compacts of Free Association Amendments - (Sec. 801) Amends the Compact of Free Association Amendments Act of 2003 with respect to: (1) the provision of emergency and disaster assistance through the United States Agency for International Development (USAID) and the Federal Emergency Management Agency (FEMA) to the Federated States of Micronesia and the Republic of the Marshall Islands; (2) Palau; and (3) the continuation of legal services to the citizens of the Federated States of Micronesia, the Republic of Palau, and the Republic of the Marshall Islands residing in the United States (including territories and possessions).
(Sec. 810) Authorizes the President to transfer on a grant basis to: (1) Turkey, the OLIVER HAZARD PERRY class guided missile frigates GEORGE PHILIP and SIDES and the OSPREY class minehunter coastal ship BLACKHAWK; and (2) Lithuania, the OSPREY class minehunter coastal ships CORMORANT and KINGFISHER.
Authorizes the President to transfer on a sale basis to: (1) Taiwan, the OSPREY class minehunter coastal ships ORIOLE and FALCON; and (2) Turkey, the OSPREY class minehunter coastal ship SHRIKE.
States that: (1) the value of such vessels transferred on a grant basis shall not be counted against the aggregate value of excess defense articles transferred to countries in any fiscal year under the Foreign Assistance Act of 1961; (2) transfer costs shall be charged to the recipient; and (3) to the maximum extent practicable, the country to which a vessel is transferred shall have necessary vessel repair and refurbishment carried out at U.S. shipyards (including U.S. Navy shipyards).
Terminates transfer authority two years after enactment of this Act.