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104th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 104-836
_______________________________________________________________________
OMNIBUS PARKS AND PUBLIC LANDS MANAGEMENT ACT OF 1996
_______
September 24, 1996.--Ordered to be printed
_______________________________________________________________________
Mr. Young of Alaska, from the committee of conference, submitted the
following
CONFERENCE REPORT
[To accompany H.R. 1296]
The committee of conference on the disagreeing votes of
the two Houses on the amendment of the Senate to the bill (H.R.
1296), to provide for the administration of certain Presidio
properties at minimal cost to the Federal taxpayer, having met,
after full and free conference, have agreed to recommend and do
recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an amendment
as follows:
In lieu of the matter proposed to be inserted by the
Senate amendment, insert the following:
SEC. 1. 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.
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.
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.
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 credit worthy and that a repayment
schedule is established and only to the extent
authorized in advance in appropriations acts. The
Secretary of the Treasury is authorized to use as a
public debt transaction the proceeds from the sale of
any securities issued under chapter 31 of title 31,
United States Code, and the purposes for which
securities may be issued under such chapter are
extended to include any purchase of such notes or
obligations acquired by the Secretary of the Treasury
under this subsection. Obligations issued under this
subparagraph shall be in such forms and denominations,
bearing such maturities, and subject to such terms and
conditions, as may be prescribed by the Secretary of
the Treasury, and shall bear interest at a rate
determined by the Secretary of the Treasury, taking
into consideration current market yields on outstanding
marketable obligations of the United States of
comparable maturities. No funds appropriated to the
Trust may be used for repayment of principal or
interest on, or redemption of, obligations issued under
this paragraph.
(4) The aggregate amount of obligations issued
under this subsection which are outstanding at any one
time may not exceed $50,000,000.
(e) Donations.--The Trust may solicit and accept donations
of funds, property, supplies, or services from individuals,
foundations, corporations, and other private or public entities
for the purpose of carrying out its duties. The Trust is
encouraged to maintain a liaison with the Golden Gate National
Park Association.
(f) Public Agency.--The Trust shall be deemed to be a
public agency for purposes of entering into joint exercise of
powers agreements pursuant to California government code
section 6500 and related provisions of that Code.
(g) Proceeds.--Notwithstanding section 1341 of title 31 of
the United States Code, all proceeds received by the Trust
shall be retained by the Trust, and such proceeds shall be
available, without further appropriation, for the
administration, preservation, restoration, operation and
maintenance, improvement, repair and related expenses incurred
with respect to Presidio properties under its administrative
jurisdiction. The Secretary of the Treasury shall invest excess
moneys of the Trust in public debt securities which shall bear
interest at rates determined by the Secretary of the Treasury
taking into consideration the current average market yield on
outstanding marketable obligations of the United Stats 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 County, Idaho, as the official townsite
plat and basis for conveyance of title within the
townsite.
(4) Recent boundary surveys conducted by the United
States Department of Agriculture, Forest Service, and
the United States Department of the Interior, Bureau of
Land Management, discovered inconsistencies between the
official aliquot parts description of the patented
Cuprum Townsite and the Hesse survey. Many lots along
the south and east boundaries of the townsite are now
known to extend onto National Forest System lands
outside the townsite.
(5) It is the determination of Congress that the
original intent of the Cuprum Townsite application was
to include all the lands described by the Hesse survey.
(b) Purpose.--It is the purpose of this section to amend
the 1909 Cuprum Townsite patent to include those additional
lands described by the Hesse survey in addition to other lands
necessary to provide an administratively acceptable boundary to
the National Forest System.
(c) Amendment of Patent.--The 1909 Cuprum Townsite patent
is hereby amended to include parcels 1 and 2, identified on the
plat, marked as ``Township 20 North, Range 3 West, Boise
Meridian, Idaho, Section 10: Proposed Patent Adjustment Cuprum
Townsite, Idaho'' prepared by Payette N.F.--Land Survey Unit,
drawn and approved by Tom Betzold, Forest Land Surveyor, on
April 25, 1995. Such additional lands are hereby conveyed to
the original patentee, Pitts Ellis, trustee, and Probate Judge
of Washington County, Idaho, or any successors or assigns in
interest in accordance with State law. The Secretary of
Agriculture may correct clerical and typographical errors in
such plat.
(d) Survey.--The Federal Government shall survey the
Federal property lines and mark and post the boundaries
necessary to implement this section.
SEC. 213. 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 re-lated 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.--
(1) Interests in land.--For the purposes of section
21(c) of the Alaska Native Claims Settlement Act (43
U.S.C. 1620(e)), the receipt of consideration,
including, but not limited to, lands, cash or other
property, by a Native Corporation for the
relinquishment to the United States of land selection
rights granted to any Native Corporation under such Act
shall be deemed to be an interest in land.
(2) Authority to appoint and remove trustee.--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 the Big Thicket National
Preserve Addition Act of 1993 (Public Law 103-46).
(e) Land Exchange in Liberty County, Texas.--If, within one
year after the date of the enactment of this Act--
(1) the owners of the private lands described in
subsection (f)(1) offer to transfer all their right,
title, and interest in and to such lands to the
Secretary of the Interior, and
(2) Liberty County, Texas, agrees to accept the
transfer of the Federal lands described in subsection
(f)(2),
the Secretary shall accept such offer of private lands and, in
exchange and without additional consideration, transfer to
Liberty County, Texas, all right, title, and interest of the
United States in and to the Federal lands described in
subsection (f)(2).
(f) Lands Described.--
(1) Private lands.--The private lands described in
this paragraph are approximately 3.76 acres of lands
located in Liberty County, Texas, as generally depicted
on the map entitled ``Big Thicket Lake Estates Access--
Proposed''.
(2) Federal lands.--The Federal lands described in
this paragraph are approximately 2.38 acres of lands
located in Menard Creek Corridor Unit of the Big
Thicket National Preserve, as generally depicted on the
map referred to in paragraph (1).
(g) Administration of Lands Acquired by the United
States.--The lands acquired by the Secretary under subsection
(e) shall be added to and administered as part of the Menard
Creek Corridor Unit of the Big Thicket National Preserve.
SEC. 307. LOST CREEK LAND EXCHANGE.
(a) Land Exchange.--
(1) In general.--Notwithstanding any other
provision of law, the Secretary of Agriculture
(referred to in this section as the ``Secretary'')
shall--
(A) acquire by exchange certain land and
interests in land owned by R-Y Timber, Inc.,
and its affiliates, successors, and assigns
(referred to in this section as the
``Corporation''), located in the Lost Creek and
Twin Lakes areas of the Beaverhead-Deerlodge
National Forest, Montana; and
(B)(i) convey certain land and interests in
land owned by the United States and located in
the Beaverhead-Deerlodge National Forest and
the Gallatin National Forest, Montana, to the
Corporation; and
(ii) grant the right to harvest timber on
land in the Beaverhead-Deerlodge National
Forest and the Gallatin National Forest as
specified in the document under paragraph (4).
(2) Offer and acceptance of land.--
(A) Non-federal land.--If the Corporation
offers to convey to the United States fee title
that is acceptable to the Secretary to
approximately 17,567 acres of land owned by the
Corporation and available for exchange, as
depicted on the map entitled ``R-Y/Forest
Service Land Exchange Proposal'', dated June
1996, and described in the document under
paragraph (4), the Secretary shall accept a
warranty deed to the land.
(B) Federal land.--
(i) Conveyance.--On acceptance of
title to the Corporation's land under
subparagraph (A) and on the effective
date of the document under paragraph
(4), the Secretary shall--
(I) convey to the
Corporation, subject to valid
existing rights, by exchange
deed, fee title to
approximately 7,185 acres in
the Beaverhead-Deerlodge
National Forest; and
(II) grant to the
Corporation the right to
harvest approximately 6,200,000
board feet of timber on certain
land in the Beaverhead-
Deerlodge National Forest and
approximately 4,000,000 board
feet of timber on certain land
in the Gallatin National
Forest, collectively referred
to as the harvest volume, as
depicted on the map described
in subparagraph (A) and subject
to the terms and conditions
stated in the document under
paragraph (4).
(3) Timber harvesting.--
(A) In general.--The timber harvest volume
described in paragraph (2)(B)(i)(II) is in
addition to, and is not intended as an offset
against, the present or future planned timber
sale program for the Beaverhead-Deerlodge
National Forest or the Gallatin National
Forest, so long as the allowable sale quantity
for each national forest, respectively, is not
exceeded for the planning period.
(B) SBA share.--The Forest Service shall
not reduce its Small Business Administration
share of timber sale set-aside offerings in the
Beaverhead-Deerlodge National Forest or the
Gallatin National Forest by reason of the land
exchange under this subsection.
(C) Minimum and maximum annual harvests.--
(i) In general.--Subject to clause
(ii)--
(I) not less than 20 nor
more than 30 percent of the
timber described in paragraph
(2)(B)(i)(II) shall be made
available by the end of each
fiscal year over a 4- or 5-year
period beginning with the first
fiscal year that begins after
the date of enactment of this
Act; and
(II) the Corporation shall
be allowed at least 3 years
after the end of each fiscal
year in which to complete the
harvest of timber made
available for that fiscal year.
(ii) Exceptional circumstances.--
The timber harvest volumes specified in
clause (i) shall not be required in the
case of the occurrence of exceptional
circumstances identified in the
agreement under paragraph (4). In the
case of such an occurrence that results
in the making available of less than 20
percent of the timber for any fiscal
year, the Secretary shall provide
compensation of equal value to the
Corporation in a form provided for in
the agreement under paragraph (4).
(4) Land exchange specification agreement.--
(A) In general.--Notwithstanding any other
provision of law, a document entitled ``R-Y/
Forest Service Land Exchange Specifications''
shall be jointly developed and agreed to by the
Corporation and the Secretary.
(B) Descriptions of lands to be
exchanged.--The document under subparagraph (A)
shall define the non-Federal and Federal lands
and interests in land to be exchanged and
include legal descriptions of the lands and
interests in land and an agreement to harvest
timber on National Forest System land in
accordance with the standard timber contract
specifications, section 251.14 of title 36,
Code of Federal Regulations (as in effect on
the date of enactment of this Act), and any
other pertinent conditions.
(C) Submission to congress.--The document
under subparagraph (A)--
(i) upon its completion shall be
submitted to the Committee on Energy
and Natural Resources of the Senate and
the Committee on Resources of the House
of Representatives; and
(ii) shall not take effect until 45
days after the date of submission to
both committees.
(D) Design and layout.--
(i) In general.--The Forest Service
shall determine the timber sale design
and layout in consultation with the
Corporation.
(ii) Harvest volume.--
Identification of the timber harvest
volume shall be determined in
accordance with Department of
Agriculture standards.
(iii) Monitoring.--The Forest
Service shall monitor harvest and post-
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 Unite 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 County, 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, Pennsylvania.... (126)
Piru Creek, California...................................... (127)
Little Sur River, California................................ (128)
Matilija Creek, California.................................. (129)
Lopez Creek, California..................................... (130)
Sespe Creek, California..................................... (131)
North Fork Merced, California............................... (132)
Delaware River, Pennsylvania and New Jersey................. (133)
New River, West Virginia and Virginia....................... (134)
Rio Grande, New Mexico...................................... (135)
SEC. 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) to provide 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 1 public hearing in
the vicinity of the District is
conducted by the Commission with
respect to the draft plan.
(4) Review of the plan by the secretary.--The
Secretary shall review the draft plan submitted under
paragraph (3) and, not later than 90 days after the
date on which the draft plan is submitted, shall
either--
(A) approve the draft plan as the plan if
the Secretary finds that the plan, when
implemented, would adequately protect the
significant historical and cultural resources
of the District; or
(B) reject the draft plan and advise the
Commission in writing of the reasons therefore
and indicate any recommendations for revisions
that would make the draft plan acceptable.
(g) Duties of the Secretary.--
(1) In general.--(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.
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 within Glacier
Bay for the period beginning on the first full fiscal year
following the date of enactment of this sentence shall be
deposited into a special account and that such funds shall be
available--
``(1) to the extent determined necessary, to
acquire and preposition necessary and adequate
emergency response equipment to prevent harm or the
threat of harm to aquatic park resources from
permittees; and
``(2) to conduct investigations to quantify any
effect of permittees' activity on wildlife and other
natural resource values of Glacier Bay National Park.
The investigations provided for in this subsection
shall be designed to provide information of value to
the Secretary, in determining any appropriate
limitations on permittees' activity in Glacier Bay. The
Secretary 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. 470a) by inserting a period after
``Register'' the last place such term appears
and by striking ``and submitted'' and all that
follows.
(e) Senate Confirmation of the Director of the National
Park Service.--
(1) In general.--The first section of the Act
entitled ``An Act to establish a National Park Service,
and for other purposes'', approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 1; commonly referred to as the
``National Park Service Organic Act''), is amended in
the first sentence by striking ``who shall be appointed
by the Secretary'' and all that follows and inserting
``who shall be appointed by the President, by and with
the advice and consent of the Senate. The Director
shall have substantial experience and demonstrated
competence in land management and natural or cultural
resource conservation. The Director shall select two
Deputy Directors. The first Deputy Director shall have
responsibility for National Park Service operations,
and the second Deputy Director shall have
responsibility for other programs assigned to the
National Park Service.''.
(2) Effective date and application.--The amendment
made by subsection (a) shall take effect on February 1,
1997, and shall apply with respect to the individual
(if any) serving as the Director of the National Park
Service on that date.
(f) National Park System Advisory Board Authorization.--
(1) National park system advisory board.--Section 3
of the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C.
463) is amended as follows:
(A) In subsection (a) by striking the first
3 sentences and inserting in lieu thereof:
``There is hereby established a National Park
System Advisory Board, whose purpose shall be
to advise the Director of the National Park
Service on matters relating to the National
Park Service, the National Park System, and
programs administered by the National Park
Service. The Board shall advise the Director on
matters submitted to the Board by the Director
as well as any other issues identified by the
Board. Members of the Board shall be appointed
on a staggered term basis by the Secretary for
a term not to exceed 4 years and shall serve at
the pleasure of the Secretary. The Board shall
be comprised of no more than 12 persons,
appointed from among citizens of the United
States having a demonstrated commitment to the
mission of the National Park Service. Board
members shall be selected to represent various
geographic regions, including each of the
administrative regions of the National Park
Service. At least 6 of the members shall have
outstanding expertise in 1 or more of the
following fields: history, archeology,
anthropology, historical or landscape
architecture, biology, ecology, geology, marine
science, or social science. At least 4 of the
members shall have outstanding expertise and
prior experience in the management of national
or State parks or protected areas, or national
or cultural resources management. The remaining
members shall have outstanding expertise in 1
or more of the areas described above or in
another professional or scientific discipline,
such as financial management, recreation use
management, land use planning or business
management, important to the mission of the
National Park Service. At least 1 individual
shall be a locally elected official from an
area adjacent to a park. The Board shall hold
its first meeting by no later than 60 days
after the date on which all members of the
Advisory Board who are to be appointed have
been appointed. Any vacancy in the Board shall
not affect its powers, but shall be filled in
the same manner in which the original
appointment was made. The Board may adopt such
rules as may be necessary to establish its
procedures and to govern the manner of its
operations, organization, and personnel. All
members of the Board shall be reimbursed for
travel and per diem in lieu of subsistence
expenses during the performance of duties of
the Board while away from home or their regular
place of business, in accordance with
subchapter 1 of chapter 57 of title 5, United
States Code. With the exception of travel and
per diem as noted above, a member of the Board
who is otherwise an officer or employee of the
United States Government shall serve on the
Board without additional compensation.''.
(B) By redesignating subsections (b) and
(c) as (f) and (g) and by striking from the
first sentence of subsection (f), as so
redesignated ``1995'' and inserting in lieu
thereof ``2006''.
(C) By adding the following new subsections
after subsection (a):
``(b)(1) The Secretary is authorized to hire 2 full-time
staffers to meet the needs of the Advisory Board.
``(2) Service of an individual as a member of the Board
shall not be considered as service or employment bringing such
individual within the provisions of any Federal law relating to
conflicts of interest or otherwise imposing restrictions,
requirements, or penalties in relation to the employment of
persons, the performance of services, or the payment or receipt
of compensation in connection with claims, proceedings, or
matters involving the United States. Service as a member of the
Board, or as an employee of the Board, shall not be considered
service in an appointive or elective position in the Government
for purposes of section 8344 of title 5, United States Code, or
comparable provisions of Federal law.
``(c)(1) Upon request of the Director, the Board is
authorized to--
``(A) hold such hearings and sit and act at such
times,
``(B) take such testimony,
``(C) have such printing and binding done,
``(D) enter into such contracts and other
arrangements,
``(E) make such expenditures, and
``(F) take such other actions,
as the Board may deem advisable. Any member of the Board may
administer oaths or affirmations to witnesses appearing before
the Board.
``(2) The Board may establish committees or subcommittees.
Any such subcommittees or committees shall be chaired by a
voting member of the Board.
``(d) The provisions of the Federal Advisory Committee Act
shall apply to the Board established under this section with
the exception of section 14(b).
``(e)(1) The Board is authorized to secure directly from
any office, department, agency, establishment, or
instrumentality of the Federal Government such information as
the Board may require for the purpose of this section, and each
such officer, department, agency, establishment, or
instrumentality is authorized and directed to furnish, to the
extent permitted by law, such information, suggestions,
estimates, and statistics directly to the Board, upon request
made by a member of the Board.
``(2) Upon the request of the Board, the head of any
Federal department, agency, or instrumentality is authorized to
make any of the facilities and services of such department,
agency, or instrumentality to the Board, on a nonreimbursable
basis, to assist the Board in carrying out its duties under
this section.
``(3) The Board may use the United States mails in the same
manner and under the same conditions as other departments and
agencies in the United States.''.
(2) Authorization of appropriations.--There are
authorized to be appropriated to the National Park
System Advisory Board $200,000 per year to carry out
the provisions of section 3 of the Act of August 21,
1935 (49 Stat. 667; 16 U.S.C. 463).
(3) Effective date.--This subsection shall take
effect on December 7, 1997.
(g) Challenge Cost-Share Agreement Authority.--
(1) Definitions.--For purposes of this subsection:
(A) The term ``challenge cost-share
agreement'' means any agreement entered into
between the Secretary and any cooperator for
the purpose of sharing costs or services in
carrying out authorized functions and
responsibilities of the Secretary of the
Interior with respect to any unit or program of
the National Park System (as defined in section
2(a) of the Act of August 8, 1953 (16 U.S.C.
1c(a))), any affiliated area, or any designated
National Scenic or Historic Trail.
(B) The term ``cooperator'' means any State
or local government, public or private agency,
organization, institution, corporation,
individual, or other entity.
(2) Challenge cost-share agreements.--The Secretary
of the Interior is authorized to negotiate and enter
into challenge cost-share agreements with cooperators.
(3) Use of federal funds.--In carrying out
challenge cost-share agreements, the Secretary of the
Interior is authorized to provide the Federal funding
share from any funds available to the National Park
Service.
(h) Cost Recovery for Damage to National Park Resources.--
Public Law 101-337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending
subsection (d) to read as follows:
``(d) `Park system resource' means any living or non-living
resource that is located within the boundaries of a unit of the
National Park System, except for resources owned by a non-
Federal entity.''.
(2) In section 1 (16 U.S.C. 19jj) by adding at the
end thereof the following:
``(g) `Marine or aquatic park system resource' means any
living or non-living part of a marine or aquatic regimen within
or is a living part of a marine or aquatic regimen within the
boundaries of a unit of the National Park System, except for
resources owned by a non-Federal entity.''.
(3) In section 2(b) (16 U.S.C. 19jj-1(b)), by
inserting ``any marine or aquatic park resource'' after
``any park system resource''.
SEC. 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. Payment
shall be made from the permanent judgment appropriation
established pursuant to section 1304 of title 31, United States
Code.
``(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.''.
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
Secretaries 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) 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;
and
``(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 (P.L. 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 the Scenic Recreation Area.
(D) The management plan may include public
trail access through section 28, township 8
south, range 5 east, Willamette Meridian, to
Battle 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; and
(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 (P.L. 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 the 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 the 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 the 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 provied 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 after ``referred to in this
subsection (a)'' 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) Subsection (b) of section 2 of Public Law 95-
200 is redesignated as subsection (c).
(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).''.
(5) Redesignate subsequent subsections of Public
Law 95-200 accordingly.
(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 defined by
this section and as depicted on the map dated July 1996
described in section 604 of this title, 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 ensure that combined post-exchange
revenues to units of local government from state and
local property, severance and other taxes or levies and
shared Federal land receipts will approximate pre-
exchange revenues;
(4) identifying issues and studying whether
possible changes in law, special appraisal instruction,
or changes in certain Federal appraisal procedures
might be advisable or necessary to facilitate the
appraisal of potential exchange lands which may have
special characteristics or restrictions affecting land
values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or
policy, for achieving land exchanges without reducing
the net supply of timber available to small business;
(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. After advising
the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, in writing, the Secretary may
make minor revisions of the boundaries of the
recreation area when necessary by publication of a
revised drawing or other boundary description in the
Federal Register.
(B) The recreation area shall include the
following:
(i) The areas depicted on the map
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 Bernardino 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 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.
And the Senate agree to the same.
Don Young,
James V. Hansen,
Wayne Allard,
J.D. Hayworth,
Barbara Cubin,
Managers on the Part of the House.
Frank H. Murkowski,
Pete V. Domenici,
Don Nickles,
J. Bennett Johnston,
Managers on the Part of the Senate.
JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE
The Managers on the part of the House and the Senate at
the conference on the disagreeing votes of the two Houses on
the amendment of the Senate to the bill (H.R. 1296) to provide
for the administration of certain Presidio properties at
minimal cost to the Federal taxpayer, submit the following
joint statement to the House and the Senate in explanation of
the effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after
the enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment
of the Senate with an amendment that is a substitute for the
House bill and the Senate amendment.
Title I: Presidio of San Francisco
Title I is very similar to H.R. 1296 passed by the House
and described in House Report 104-202. The Managers have made a
number of relatively small refinements to the language as
passed.
Perhaps most importantly, the Managers have clarified
that all lands within the Presidio will remain within the
boundary of Golden Gate National Recreation Area, even after
formation of the Presidio Trust. This location within a unit of
the National Park System is expected to have a strong influence
on the future management of the area.
The Managers have made adjustments to the language
regarding the transition of the Presidio from management by the
National Park Service to management by the Presidio Trust.
Those adjustments include clarification of how previously
appropriated funds would be handled, how current employees of
the National Park Service would be dealt with, and the manner
in which the National Park Service would continue to oversee
certain ongoing activities, particularly construction projects.
In addition, the Managers have provided guidance with respect
to the transfer of personal property. The Managers are aware
that the National Park Service inherited a substantial amount
of personal property from the Army when they departed. In fact,
there was so much personal property transferred that some of
the equipment has already been transferred to other park units
in the Bay area. The Managers have therefore specified that
personal property received by the National Park Service should
be transferred to the Trust for their ongoing management of the
property, rather than remain with the National Park Service.
The Managers have provided for the U.S. Park Police to
provide for continued law enforcement presence at the Presidio.
Currently, the National Park Service has both park rangers and
park police performing such services; and the Managers concur
with the position of the Senate that the park police are best
suited to carry out this function.
The Managers have agreed to provide reasonable
flexibility to the Trust in terms of compliance with Federal
procurement laws. The flexibility provided to the Trust in this
legislation is consistent with overall efforts by both the
Administration and the Congress to reduce the administrative
burden of procurement laws.
Finally, the Managers have agreed to extend the timeframe
for providing federal funding to the Trust from 12 to 15 years.
While analysis conducted by the Trust indicates that it is
feasible to eliminate the need for Federal funds in 12 years,
extending such authority for 15 years provides a greater level
of assurance of success for the Trust. In recognition of the
overall level of funding which will still be required to
implement this legislation, as well as in the interest of
charting the progress of this relatively unique partnership,
the Managers have agreed to a strong commitment on behalf of
the General Accounting Office to provide oversight and feedback
to the Congress.
Title II: Boundary Adjustments and Conveyances
Section 201
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 202
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 203
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 204
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 205
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 206
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 207
For an explanation of the text see House Report 104-59
(H.R. 694).
Section 208
For an explanation of the text see House Report 104-60
(H.R. 562).
Section 209
For an explanation of the text see House Report 104-9
(H.R. 440).
Section 210
For an explanation of the text see House Report 104-7
(H.R. 101).
Section 211
The Managers agreed to modify the language pertaining to
the expansion of Colonial National Historical Park as passed by
the House in H.R. 1091 by deleting the limitation on land
acquisition. The acquisition methods agreed to by Managers are
typical of park expansion legislation.
Section 212
For an explanation of the text see Senate Report 104-189
(S. 1196).
Section 213
For an explanation of the text see House Report 104-711
(H.R. 3579).
Section 214
The language is self-explanatory.
Section 215
For an explanation of the text see House Report 104-307
(H.R. 1585).
Section 216
For an explanation of the text see House Report 104-308
(H.R. 1585).
Section 217
For an explanation of the text see House Report 104-176
(H.R. 1091).
Section 218
The Managers agreed to certain changes in language
pertaining to the establishment of Shenandoah National Park as
contained in the House-passed version of H.R. 1091. While the
boundary of the park is established to consist of lands in
Federal ownership as of the date of enactment of the provision,
the Secretary is provided additional flexibility in making
future minor boundary adjustments at the park. The original
House version of H.R. 1091 permitted future minor boundary
adjustments only where essential to facilitate trailhead
access. The Managers agreed to permit minor boundary
adjustments where the Secretary determines it would further the
purposes of the park. H.R. 1091 as passed by the House limited
the methods for future boundary adjustments to donation only,
while the Managers agreed to permit such adjustments by
donation, exchange or acquisition from willing sellers. The
Managers also agreed to direct the National Park Service to
undertake a comprehensive boundary study, which would guide all
future boundary modifications after its completion.
Section 219
The purpose of this provision is to validate certain
conveyances made by the Southern Pacific Transportation Company
within the city of Tulare, California.
From 1862 through 1871, Congress adopted the Pacific
Railroad Acts (The Charter Acts) to establish a system of
railroads in the western United States. The Charter Acts gave
railroads a right-of-way to strips of land 200 feet wide on
each side of the railroad tracks where the tracks were laid
along routes established in the Charter Acts.
The right-of-way for the railroad tracks and a strip 200
feet wide on either side within the Downtown Redevelopment Area
of the City of Tulare (Railroad Right-of-Way) was granted to
the Central Pacific Railroad Company of California and the
Southern Pacific Railroad Company under the Charter Acts in
1862.
Currently, the Railroad Rights-of-Way through Tulare are
an active and essential part of the railroad corridor. There is
only a remote possibility that the railroad tracks through
downtown Tulare will ever be abandoned; however, that
possibility means title to eight parcels of land is somewhat
clouded and could be impaired or lost. Congressional action is
the only relief to clear title to the eight parcels.
The Managers have agreed to correct the problem by
validating and confirming title to the eight parcels in
accordance with 43 U.S.C. 912. On seven previous occasions,
Congress has validated similar conveyances under the same
authority.
Section 220
For an explanation of the text see House Report 104-759
(H.R. 3547).
Section 221
For an explanation of the text see House Report 104-760
(H.R. 3147).
Section 222
The language is self-explanatory.
Section 223
For an explanation of the text see House Report 104-452
(H.R. 2100).
Section 224
For an explanation of the text see House Report 104-763
(H.R. 2709).
Title III: Exchanges
Section 301
For an explanation of the text see House Report 104-55
(HR 529).
Section 302
For an explanation of the text see House Report 104-8 (HR
400).
Section 303
For an explanation of the text see Senate Report 104-49
(S. 719).
Section 304
For an explanation of the text see House Report 104-409
(HR 2402).
Section 305
For an explanation of the text see Senate Report 104-268
(S. 1025).
Section 306
For an explanation of the text see House Report 104-371
(HR 826).
Section 307
The language is self-explanatory. This section includes a
waiver of the Comprehensive Environmental Response,
Compensation and Liability Act and the Federal Water Pollution
Control Act at the insistence of the Administration.
Section 308
For an explanation of the text see House Report 104-310
(HR 207).
Section 309
For an explanation of the text see House Report 104-306
(HR 1838).
Section 310
For an explanation of the text see House Report 104-658
(HR 3290).
Section 311
The City of Greeley, Colorado and the Water Supply and
Storage Company operate eight reservoirs in the Roosevelt
National Forest in Colorado. This provision would provide the
framework for the agreement that has been reached between the
United States Forest Service and the City of Greeley and Water
Supply and Storage.
The agreement has been negotiated over the last twelve
months and would provide for the Forest Service with 708 acres
of land to improve the administration of the Roosevelt National
Forest. Some of this land is within the boundaries of Federally
designated Wilderness Areas.
Section 312
The Conference Committee has adopted language which could
lead to a major expansion of the Gates of the Arctic National
Park and Preserve and to significant additions to the Maritime
National Wildlife Refuge and other conservation system units in
Alaska. These expansions would be made if mutually agreeable
land exchanges are negotiated by the Secretary of the Interior
with the Arctic Slope Regional Corporation (ASRC) and the State
of Alaska. In return for conveying to the United States title
to lands long sought for addition to the Park and other
conservation units, ASRC and the State could receive title to
lands located within the 23 million acre National Petroleum
Reserve-Alaska (NPR-A).
Section 313
See House Report 104-756 for background information.
Title IV: Rivers and Trails
Section 401
For an explanation of the text see Senate Report 104-188
(S 342). The Managers changed the title to reflect it was not a
heritage area and per a request from the Government Reform
Committee the Federal Property and Administrative Services Act
was waived instead of amended.
Section 402
For an explanation of the text see Senate Report 104-37
(S 363).
Section 403
For an explanation of the text see Senate Report 104-41
(S 587).
Section 404
For an explanation of the text see House Report 104-54
(HR 531).
Section 405
For an explanation of the text see Senate Report 104-261
(S 1425).
Section 406
For an explanation of the text see House Report 104-716
(HR 2292).
Section 407
For an explanation of the text see House Report 104-716
(HR 2292).
Section 408
The Managers agreed to add an amendment to the House-
passed text of HR 2292 which authorizes the National Park
Service to construct a new visitor center at New River Gorge
National Recreation Area.
Section 409
For an explanation of the text see House Report 104-716
(HR 2292).
Section 410
For an explanation of the text see House Report 104-716
(HR 2292).
Title V: Historic Areas and Civil Rights
Section 501
For an explanation of the text see House Report 104-567
(HR 1129).
Section 502
The language is self-explanatory.
Section 503
For an explanation of the text see House Report 104-59
(HR 694).
Section 504
For an explanation of the text see House Report 104-59
(HR 694).
Section 505
For an explanation of the text see Senate Report 104-49
(S 719).
Section 506
The Managers agree that establishment of the memorial to
Black Revolutionary War Patriots is an important effort.
Further, it is the understanding of the Managers that the fund
raising effort for the memorial is now well underway and
therefore the Managers have agreed that an additional two year
extension of this authority to complete such fundraising
efforts is meritorious.
Section 507
For an explanation of the text see House Report 104-758
(HR 1179).
Section 508
For an explanation of the text see Senate Report 104-190
(S 426).
Section 509
The authorization for the Advisory Council on Historic
Preservation is scheduled to expire at the end of the current
fiscal year. The Managers are aware that under the current
Section 106 process for implementation of the National Historic
Preservation Act, the Advisory Council plays an important role
in assessing and mitigating the impacts of Federal actions on
significant historic properties. The Managers are also aware
that in the recent past, the Advisory Council has attempted to
promulgate regulations which could have led to significant
increases in the cost of compliance with the National Historic
Preservation Act, and which would have provided little
additional benefit in terms of resource protection. While the
Advisory Council has subsequently withdrawn those regulations
in the face of overwhelming public opposition, the Managers
remain concerned about the nature of final regulations to be
adopted.
The Managers agreed to a four-year extension of the
authorization of the Advisory Council, but within that time
frame have directed that the Council provide recommendations
for modifying the overly complex historic preservation
compliance process. In particular, the Managers are seeking
alternative ways to carry out the Historic Preservation Act
which will be less burdensome on both the public and private
sectors.
The Managers have also agreed on a number of technical
amendments which are needed to improve the day-to-day
operations of the Advisory Council.
Section 510
See Senate Report 104-49 (S. 188) for background
information.
Section 511
The language is self-explanatory.
Section 512
The language is self-explanatory.
Section 513
The Conference Committee adopted a Senate provision which
designates 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.
Section 514
For an explanation of the text see House Report 104-368
(HR 2636).
Section 515
For an explanation of the text see House Report 104-709
(HR 3006).
Section 516
The language is self-explanatory.
Title VI: Civil and Revolutionary War Sites
Section 601
For an explanation of the text see Senate Report 104-263
(SJ Res 42).
Section 602
For an explanation of the text see Senate Report 104-43
(S 610).
Section 603
Richmond National Battlefield Park
Subsection a: Findings and purposes
This subsection establishes the findings and purposes.
Congress finds that the boundaries of the Richmond National
Battlefield Park do not include all of the historically
significant areas important to the Civil War campaigns in and
around the City of Richmond which served as the capital of the
Confederacy.
The purposes of this section are to establish a revised
boundary for the park to consist of the lands currently in
Federal ownership and to provide for procedures for the
National Park Service to expand the boundaries.
Subsection b: Modification of boundary
This subsection designates the boundary of the park to
comprise those lands in Federal ownership and administered by
the National Park Service before the date of enactment of this
legislation.
Subsection c: Land acquisition
This subsection authorizes the Secretary to expand the
boundaries of the park to include those lands identified in the
general management plan for the park approved in June 1996 and
depicted on the National Park Service map dated August 1993.
The Secretary may acquire lands for addition to the park by
donation, purchase with donated or appropriated funds or
exchange with the consent of the land owner. Upon acquisition
of any lands by the Secretary, the park boundary is modified to
include those lands without further action by Congress.
Subsection d: Park management and administration
This subsection directs the Secretary to interpret for
the benefit of the public the significance of the Battles of
Richmond on the Civil War and the effects of the Civil War on
all American people. To further the interpretation and
preservation of the historic resources of the park identified
in the general management plan, the Secretary is directed to
provide technical assistance and to enter into cooperative
agreements with local governments, nonprofit organizations and
land owners. The Secretary is also authorized to provide
technical assistance to local governments, nonprofit
organizations and land owners to protect and preserve
historically significant Civil War resources located outside of
the boundary of the park.
Subsection e: Administration
This subsection clarifies that Richmond National
Battlefield Park is to be managed in accord with the Historic
Sites Act of 1935.
Section 604
For an explanation of the text see Senate Report 104-310
(S 1226).
Section 605
For an explanation of the text see Senate Report 104-310
(S 1226).
Section 606
For an explanation of the text see House Report 104-603
(HR 848).
Section 607
Title 607. Shenandoah Valley Battlefields National Historic District
Subsection (a.): Short title
This subsection entitles this section as the Shenandoah
Valley National Battlefields National Historic District
comprising 10 Civil War battlefields in Virginia's Shenandoah
Valley.
Subsection (b.): Congressional findings
In 1990, Congress enacted the Civil War Sites Study Act
(section 1204 of Public Law 101-628). That law directed the
Secretary of the Interior to prepare a study of Civil War sites
within the Shenandoah Valley in Virginia. The study was
completed in September 1992, and transmitted to Congress in
summer of 1993.
The study notes that ``the battlefields identified in
this study collectively appear to meet criteria for national
significance. The study shows that the Shenandoah Valley
represents a unique geographic and historic resource: that it
possesses tremendous scenic beauty and exceptional potential
for interpreting aspects of the Civil War that are currently
not represented in the National Park System; . . . and that
many portions of the Valley retain a high degree of historic,
rural, and scenic integrity.''
The study identifies the historical significance of the
battles in the Valley associated with Confederate General
Thomas J. (Stonewall) Jackson's campaign of 1862 and the
decisive Union campaigns of 1864 led by Union General Philip
Sheridan.
Subsection (c.): Statement of purposes
Until recently, most of the Shenandoah Valley had
remained in the same type of agricultural use since the Civil
War. However, increasing development within the Valley has
begun to threaten the integrity of many of these battlefield
sites. This subsection sets forth the purposes of the Historic
District to provide a coordinated strategy for protection
involving the National Park Service, the Commonwealth of
Virginia, local governments, private organizations and land
owners.
Partnerships between all levels of government, private
landowners and non-profit organizations will foster the
protection of the natural, cultural, and historic resources
within the historic district linking the battlefields.
Subsection (d.): Definitions
This subsection defines certain key terms used in this
section.
Subsection (e.): Shenandoah Valley Battlefields National
Historic District
This subsection establishes the Shenandoah Valley
Battlefields National Historic District consisting of lands
identified in the Park Service study, the battlefield areas
identified on the National Park Service map at Cedar Creek,
Cross Keys, Fisher's Hill, McDowell, New Market, Opequon, Port
Republic, Second Kernstown, Second Winchester, and Tom's Brook,
and the historic transportation routes linking these
battlefields.
Subsection (f.): Shenandoah Valley Battlefields National
Historic District Plan
This subsection provides that the District is to be
managed by the Commission and the management entity pursuant to
this Act and the Shenandoah Valley Battlefields Historic
District Plan (the ``plan''), pursuant to this section.
It also sets forth the specific provisions of the plan,
including the development of an inventory of lands that should
be acquired, managed or preserved because of its historical
significance; provisions for the establishment of a management
entity which may be either a unit of government or a private
nonprofit organization; identification of partnerships between
state, local and regional entities and the private sector; and,
provisions for the protection and interpretation of natural,
cultural and historic resources in the Historic District.
The purpose of the management entity is to administer the
District consistent with the plan. The management entity would
have legal ability to receive and disburse Federal funds, enter
into agreements with all levels of governments or organizations
to provide for the implementation of the plan, and to acquire
lands from willing sellers for the purposes of preserving the
historic resources in the District.
This subsection directs the Commission to prepare a draft
plan within 3 years. The Commission is required to ensure that
appropriate notice of the draft plan is provided to local
communities.
It also requires that the Secretary review the plan and
within 90 days after receiving the plan, either approve it or
reject the plan and recommend modifications that would make the
plan acceptable.
Subsection (g.): Duties of the Secretary
This subsection authorizes the Secretary to award grants,
provide technical assistance and enter into cooperative
agreements with local governments, property owners and
nonprofit organizations to preserve and interpret the historic
resources in the District.
The Secretary may acquire land from a willing seller that
has been identified by the Commission as important to the
preservation of battlefields within the District.
The Secretary is directed, upon request of the
Commission, to detail two employees of the Department of the
Interior to the Commission to assist with the preparation of
the plan.
Following the approval of the plan, the Secretary is to
report to Congress on whether the Historic District or specific
components should be added as units of the National Park
System.
Subsection (h.): Shenandoah Valley Battlefields National
Heritage Corridor Commission
This subsection establishes the Shenandoah Valley
National Battlefields Historic District Commission (the
``Commission'') consisting of 19 members. The Commission is to
be composed of local governments, property owners, a member
with expertise in historic preservation, a Civil War historian,
and the Governor of Virginia and the Director of the National
Park Service, in an ex-officio capacity.
Subsection (I.): Duties of the Commission
The duties of the Commission are the development of the
plan; assisting in the management, protection and
interpretation of the natural, cultural and historical
resources within the District; and, taking appropriate action
to encourage protection of the resources within the District by
landowners, local governments, and other organizations.
Section (j.): Authorization of appropriations
This subsection authorizes the appropriation of $250,000
annually from the amounts available to carry out the National
Historic Preservation Act for the establishment and operation
of the Commission.
There is authorized to be appropriated to the Secretary
$2,000,000 annually from the National Historic Preservation Act
to make grants, provide technical assistance and enter into
cooperative agreements pursuant to Section 7.
For the purposes of land acquisition within the Historic
District, $2,000,000 is authorized to be appropriated from the
National Historic Preservation Act pursuant to Section 7(d).
A total of $500,000 annually is authorized to be
appropriated from the National Historic Preservation Act for
the establishment and operation of the management entity.
Title VII: Fees
Section 701
For an explanation of the text see House Report 104-516
part I (HR 1527).
Section 702
For an explanation of the text see House Report 104-57
(HR 536).
Section 703
The Managers agree that many provisions of the existing
recreation fee policy, as provided in Section 4 of the Land and
Water Conservation Act are outdated and unworkable. The
Managers have therefore agreed that current law should be
replaced in its entirety. The policy adopted by the Managers is
similar to the recreation fee policy contained in HR 2107 as
reported by the House Resources Committee. However, the
Managers have agreed to include a number of limitations on fee
increases, similar to those included in the Balanced Budget Act
which was vetoed by the President.
The inclusion of caps in the legislation is probably one
of the biggest changes to the fee policy reported by the House
Resources Committee. The Managers have agreed to caps of $10
per person or $25 per car for single admission visits, $25 for
annual geographic permits and $50 for Golden Eagle Passports.
The Managers have also provided that Golden Eagle Passports
would be available to persons 62 years of age or older for no
more than 50 percent of the rate charged for other persons. In
addition, the Managers have agreed that all children 12 and
under should be charged no admission fee. The Managers have
included language which provides that increases in fees will be
implemented over a reasonable period of time in order to
minimize rapid escalation of fees charged to recreation users.
The Managers do not anticipate that agencies will begin to
immediately charge fees as provided for in this legislation at
the maximum allowable rate.
The Managers have agreed to limit the scope of this
provision to the National Park Service, Bureau of Land
Management and Forest Service only, at this time. The Managers
recognize that over the long term, it is desirable for the
public to have a single recreation fee policy for all Federal
lands. However, since other agencies have recreation fee
authority conformance is not essential at this time. The
Managers expect that other such agencies will undertake no
program inconsistent with this provision, unless otherwise
specifically provided in law.
The Managers have also simplified the recreation fee
program as contained in HR 2107. Specifically, the Managers
have agreed to delete target recreation revenue goals, delete
appropriation language and simplify the calculation of how much
revenue should be retained by each of the collecting areas.
The Managers have included in the text the current fee
schedule for admission fees for commercial tour operators. The
Managers recognize that in some cases agencies may already be
charging rates higher than those specifically included in this
text, but does not intend in any way to imply that current fees
schedules should be modified. Rather, the Managers intend
simply that future increases in such commercial tour entry fees
be in accord with the provisions of this section.
The Managers recognize that the four land management
agencies were recently authorized under the FY 96 Interior
Appropriation Act (Public Law 104-134) to implement recreation
fee demonstration programs. Unfortunately, none of the agencies
with this authority, except the Forest Service, have elected to
implement it. Therefore, in order to develop a consistent
policy, this legislation repeals that authority for all
agencies except the Forest Service.
Section 704
This section provides for the protection of the natural
resources of Glacier Bay National Park by the Secretary of the
Interior while preserving the authority of other Federal
agencies to enforce environmental laws under their authority in
the Park. The Secretary of the Interior issues permits and
charges fees to concessionaires in the Glacier Bay National
Park, including cruise ships. The fees collected by the
Secretary be used to protect Park resources within the Park.
Therefore, this section provides that 60 percent of the fees
charged to certain permittees be used by the Secretary to
protect park resources, including prepositioned oil spill
prevention equipment.
In addition, the Committee on Conference is concerned
that recent rulemakings by the Secretary of the Interior
regarding permit conditions for park concessionaires appear to
overstep the authority of the Secretary and usurp the authority
of other Federal agencies, such as the Coast Guard and the
Environmental Protection Agency, to enforce the Oil Pollution
Act, the Federal Water Pollution Control Act and the Clean Air
Act. Accordingly, this provision limits the authority of the
Secretary to condition permits, including permits for vessel
operations, in the Park.
Finally, the Committee is concerned that the permit
conditions being considered by the Secretary be based on
substantial, verifiable scientific information. Therefore, this
section allows permit fees to be used for further scientific
investigations to help the Secretary to develop appropriate and
justified permit conditions to protect Glacier Bay National
Park resources.
Title VIII: Miscellaneous Administrative and Management Provisions
Section 801
For an explanation of the text see House Report 104-59
(HR 694).
Section 802
For an explanation of the text see House Report 104-59
(HR 694).
Section 803
For an explanation of the text see House Report 104-59
(HR 694) and Senate Report (104-312)
Section 804
For a basic explanation of the text see House Report 104-
59 (HR 694). The Managers also agreed to a provision to ensure
that the Smithsonian Institute is consulted whenever the
National Park Service determines that it has museum collections
surplus to its needs.
Section 805
The Managers agreed to a ceiling of $3.5 million for
expenditures for volunteer purposes.
Section 806
The Committee adopted a provision which would allow for
core sampling to take place in Katmai National Park for the
purposes of volcanological research.
Section 807
For an explanation of the text see House Report 104-34
(S. 197).
Section 808
For an explanation of the text see House Report 104-59
(HR 694).
Section 809
For an explanation of the text see House Report 104-262
(S. 1627).
Section 810
For an explanation of the text see House Report 104-10
(H.J. Res. 50).
Section 811
For an explanation of the text see Senate Report 104-50
(H.R. 629).
Section 812
For an explanation of the text see House Report 104-58
(H.R. 606).
Section 813
For an explanation of the text see House Report 104-309
(H.R. 924).
Section 814
For an explanation of the text see Senate Report 104-198
(S. 509).
Section 815
The Managers agreed to a broad array of administrative
reforms for the National Park Service as generally provided by
H.R. 2941 (see House Report 104-802, Part I). However, the
Managers did agree to make changes to the language from H.R.
2941 pertaining to both housing and construction of
administrative facilities outside of the boundaries of park
areas.
The most significant change to the housing authority is
the elimination of the authority to sell government housing to
cooperatives consisting of field employees. While Managers
agree that this provision has merit, they also agree that there
are potential problems and have therefore agreed to a study of
such a program prior to its authorization. The Managers have
also agreed to direct the Secretary to refine the concept of
required occupancy. The Managers have found evidence that this
concept is not applied uniformly and believe that employees who
are required to occupy government quarters due to isolation
deserve similar treatment regardless of occupation.
The Managers deleted the generic authority for the
National Park Service to construct facilities outside of park
boundaries on non-federal land and substituted the site-
specific authority for such construction at Zion National Park.
The Managers are aware of several similar proposals currently
receiving congressional consideration. However, the Managers
generally believe that park facilities should be located in the
park, and that other federal leasing authorities are generally
adequate to provide needed building space outside the parks. It
is the conclusion of the Managers that the need for facilities
outside of park boundaries should continue to be evaluated on a
case-by-case basis.
Section 816
Section 816 is based on legislation passed by the House
Resources Committee (H.R. 3534) which authorizes the National
Park Service to continue to issue special use permits to cabin
owners at Mineral King in Sequoia National Park, after the
death of the permittee of record.
There is no accurate count of persons living within areas
designated by Congress as units of the national park system,
either on private property or on Federally-owned property. For
example, Indiana Dunes National Lakeshore reports that at one
point, there were over 700 use and occupancy agreements at that
park alone.
Individuals currently reside inside parks under three
basic sets of conditions. The first is on private property
within the park boundary which has not yet been acquired by the
Federal government. The second is when property has been
acquired by the Federal government under terms of a use and
occupancy agreement. The third is when the Federal government
permits persons to reside on Federal lands.
Since 1972, acquisition of Federal lands has been guided
by the Uniform Relocation and Assistance Act. That law
generally provides for the government to authorize the lease
back of an improved residence which has been acquired, for up
to 25 years or the life of the occupant, depending on any
limitations contained in the specific authorizing statute. For
example, if the Federal government is acquiring the area for
road construction purposes, the resident would typically not be
offered a lifetime estate. The homeowner pays for this extended
use of the property through a reduction in the purchase price
paid by the government. These persons have a property right
which is reflected as a use and occupancy agreement. Such use
of the property can be bought and sold.
In the 1970's, when the Federal government was acquiring
extensive lands for park purposes, it has been alleged that
some of the acquisition was heavy-handed. It is unclear whether
residents were fully advised of their rights, and there were a
number of bitter land acquisition disputes across the park
system. Congress has addressed this issue at least once before,
when an Act was passed which permitted residents of Minute Man
National Historic Park to extend their original use and
occupancy agreements (Public Law 102-488).
The history of the National Park Service permitting
persons to use park lands for residential purposes is less
clear. Typically these situations arise due to prevailing
conditions at the time of park establishment. However, there
has been a wide discrepancy among parks with regard to how any
generic authority is interpreted. Some park superintendents
claim they have no authority to permit such non-park
residential use of the land, while others have seen no problem
with the issuance of special use permits for residential
purposes.
Mineral King was Forest Service land added to Sequoia-
Kings Canyon National Park in the 1970's in order to prevent
Disney from developing a ski area. When the land was added,
there were a number of residents within the addition; both
persons who owned their property and persons who occupied
cabins under a special use permit from the Forest Service. The
legislation establishing the area stated that such ``special
use'' permits would only be issued to the owner or lessee of
record at the time. Now, nearly 20 years after enactment of the
original law, some original owners have died and their heirs
are seeking to continue their permits.
This provision amends the 1978 statute adding the Mineral
King area to Sequoia-Kings Canyon National Park by specifically
authorizing the National Park Service to issue cabin leases to
the heirs of the original permittees of record until the death
of the last permittee of record.
The language of the bill requires permittees to pay fair
market value for such use, and specifically provides for
protection of park resources and termination of the use if
lands are needed for other purposes. The legislation provides
that the Secretary must have the funds to implement such
alternative use, rather than simply prepare a plan calling for
such use. The Managers do not believe that these persons should
be forced out of their cabins until such alternative use is a
reality.
Section 817
Language is self-explanatory.
Section 818
This section directs the Secretary of the Interior to
conduct a study of the Lake Calumet area to analyze alternative
ways to manage the area.
Section 819
This section provides for a legislative taking of the
balance of private property in the Gherini Ranch on Santa Cruz
Island in Channel Islands National Park. The National Park
Service currently owns a three-fourths undivided interest in
the Gherini Ranch, which is a 6,200-acre parcel located on the
east end of Santa Cruz Island. This parcel of land is currently
being severely impacted by uncontrolled populations of feral
sheep. While the Federal government has acquired three
undivided one-fourth interest portions of this ranch on a
willing seller basis, there is little hope of the Federal
government reaching agreement with the remaining property owner
regarding the value of the land. Therefore, in order to bring
an end to overgrazing, and resultant impacts on park resources,
including irreversible destruction of archeological sites, the
Managers support this legislative taking.
Title IX: Heritage Areas
Section 901
For an explanation of the text see Senate Report 104-42
(S. 601).
Section 902
The language is self-explanatory. The Managers agreed to
direct the Administration to study the area.
Title X: Miscellaneous
SUBTITLE A
The conference agreement includes language to create a
tallgrass prairie national preserve in the Flint Hills of
Kansas. The preserve will be created through a unique private/
public partnership between the federal government and a private
conservation group. The partnership is the culmination of
decades of discussions between agriculture and conservation
interests who, until now, have disagreed over issues such as
federal ownership and cattle grazing as part of a tallgrass
prairie preserve in Kansas. The language drafted in this
legislation is the result of consensus building and compromise
between these various groups.
While the conference agreement only provides for federal
ownership, by donation, of 180 acres of land on the preserve,
it is hoped that the National Park Service, through the
cooperative agreement language contained in this bill, will be
able to work with the private land owners (and its leasee) of
the rest of the 10,894-acre ranch to provide interpretive and
recreation opportunities within the boundaries of the preserve,
but beyond the federally owned-core.
The stated purposes of this bill remain broad to give the
National Park Service maximum flexibility in determining land
use practices within the preserve through the general
management planning process, with input from an advisory
committee created by this bill. We believe a public planning
process, with input from all Kansans, including local citizens
and adjacent landowners, will enable the National Park Service
to identify the best use for the 180 federally-owned acres, and
provide guidance for possible cooperative agreements between
the federal government and the private owner and its leasee.
The conferees note that the Kansas congressional
delegation is united in its belief that a strong emphasis of
the preserve should include the management of range lands
through historic and contemporary ranching practices. While the
conferees are unwilling to include language in the act that
would require any predetermined use of private property
mentioned within this bill, the conferees agree with the Kansas
congressional delegation that current cattle ranching
activities, consistent with the ecologically sound and
sustainable management of this property, should continue after
the preserve is created. Cattle ranching, as practiced under
the current grazing lease, is consistent with the
interpretation of the history and culture of the Flint Hills
region of the tallgrass prairie.
SUBTITLE B
The language is self-explanatory.
SUBTITLE C
Section 1021
This provision establishes a national recreation area,
changes the designation of the black canyon of the Gunnison
National Monument to a National Park, and designates a new BLM
conservation area on the Lower Black Canyons.
The conferees intend that all agencies operating within
the newly designated complex share personnel, supplies,
materials and equipment to the extent practicable for a more
efficient and effective overall operation.
Section 1022
See Senate Report 104-299 (S. 1703) for background
information. Miscellaneous amendments were added to protect the
integrity of the park system.
Section 1023
The language is self-explanatory.
Section 1024
The language is self-explanatory.
Section 1025
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1026
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1027
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1028
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1029
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1030
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1031
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1032
For an explanation of the text see Senate Report 104-314
(S. 1662).
Section 1033
The language is self-explanatory.
Section 1034
The language is self-explanatory.
Section 1035
For an explanation of the text see House Report 104-761
(HR 2711).
Section 1036
The language is self-explanatory.
Section 1037
Despite Alaska's stature as the largest State in the
Union and the millions of acres of federal lands in the State,
Alaska ranks 10th in Payment in Lieu of Taxes (PILT) receipts.
This is because the definition of ``unit of local government''
includes only organized boroughs and certain independent cities
in Alaska. Yet over 60 percent of the federal lands in Alaska
are located outside any organized borough.
This section will not increase the current entitlement
ceiling of PILT, it will only change the way the PILT fund is
divided by providing a small additional share of the PILT fund
distribution to those Alaskan communities that are outside
unorganized boroughs. The legislation also will not reduce
other states PILT funding significantly because PILT
calculations also include population statistics.
Section 1038
The conferees have included bill language that prohibits
termination of a timber sale contract solely for failure to
operate a pulp mill. This provision is necessary to provide
flexibility to the Administration so that jobs in the sawmill
portion of the contract holder's operation are not lost along
with pulp mill jobs. The Forest Service shall work with the
contract holder to make any excess volume available to sawmills
in Southeast Alaska closed for lack of timber.
Section 1039
This provision directs the Secretary of the Interior to
undertake a negotiation with several Alaska Native Corporations
in the Cook Inlet region of Alaska to resolve disagreements
over final land conveyances to the Native Corporations under
the Alaska Native Claims Settlement Act. The Secretary is
required to report to the relevant authorizing committees the
results of the negotiation by March 1, 1997. To facilitate the
negotiation, the amendment extends a statute of limitations
which could be interpreted as requiring the filing of a suit by
the corporations against the Secretary for failure to convey
lands described in the Deficiency Agreement of August 31, 1976.
Section 1040
This section authorizes the Native residents of the
Southeast Alaska Native villages of Haines, Ketchikan,
Petersburg, Tenakee and Wrangell to organize as urban or group
corporations under an amendment to the Alaska Native Claims
Settlement Act of 1971 (ANCSA). ANCSA authorized the creation
of village, urban and regional corporations to receive
settlements and manage assets distributed to settle aboriginal
claims of Natives and Native groups in Alaska. The original
ANCSA language failed to include the Native villages of Haines,
Ketchikan, Petersburg, Tenakee or Wrangell in the exclusive
list of villages in Southeast Alaska eligible to create village
or urban corporation. Unlike the treatment of other Native
villages elsewhere in Alaska, ANCSA did not provide an appeal
right or other procedures for qualification of Southeast Native
villages not included in the original list. Although Natives
enrolled to Haines, Ketchikan, Petersburg, Tenakee and Wrangell
during the ANCSA process did become at-large shareholders in
the regional corporation for Southeast Alaska, Natives from
these five communities were denied the benefits from rights to
land and local resources that other village and urban
corporations in Southeast Alaska received under ANCSA.
Section 1041
This section would transfer legal title to approximately
160 acres of land to Daniel and Douglas Gross. The Gross
brothers are the surviving sons of Mr. and Mrs. Lee Gross of
Wrangell, Alaska, the original homesteaders.
Section 1042
For an explanation of the text see House Report 104-687
(HR 1786).
Section 1043
The Conferees adopted a provision recognizing that in
1982, Cape Fox Corporation (CFC) selected approximately 320
acres surrounding the Beaver Falls hydro-project's powerhouse.
The facility was constructed in 1945 and licensed by the FPC,
now FERC. It is owned and operated by the City of Ketchikan
through the Ketchikan Public Utilities. The City of Ketchikan
protested CFC's selection of the site to the Interior Board of
Land Appeals (IBLA). The IBLA upheld CFC's selection in a
decision made in 1983. In this decision IBLA essentially ruled
that the City could continue to operate the hydro facility
under the terms of Section 14(g) of ANCSA until their license
expired in 1995. At license expiration, use of the land by the
City would be subject to acquisition of a real property
interest from CFC.
A FERC order dated November 7, 1994, issuing the ``new''
license for this facility, Project No. 1922-008, includes a
clause that directs the City to pay all land use fees including
use of CFC land to the federal government. The effect of this
decision removes CFC's property rights, which deprive CFC of
its ability to make economic use of its land. The FERC order
also creates a conflict between two federal agencies, IBLA and
FERC.
This section grants authority for CFC to return the 320
acre Beaver Falls selection area to the federal government and
expands CFC's selection area accordingly.
Section 1044
The conferees have included bill language requiring the
Secretary to report to the relevant committees of the House and
Senate on a determination of whether the continued presence of
a small antenna at an existing radio communications site barely
within the San Bernardino National Forest at Inspiration Point
is in the public interest. The conferees regret the need to
direct that such a report, given the overwhelming community
support for continued presence of the antenna, is necessary for
public safety and emergency broadcasts.
Section 1045
Between 1931 and 1954 local sporting enthusiasts and back
country users built and constructed a series of 18 dams and
concrete weirs throughout the area which later came to be known
as the Immigrant Wilderness Area. These dams were built from
native rock so as to blend in naturally with their
surroundings, most of these dams do not exceed two feet in
height. The last dam was built 20 years before wilderness
designation was considered for the area.
Report language for H.R. 12884 which established the
Immigrant Wilderness Area indicated that ``the weirs and small
dams will be retained.'' Inclusion of this provision in the
conference report to preserve these dams will maintain
traditional wilderness and recreation uses.
Section 1046
This provision concerns a longstanding inequity affecting
the University of Alaska, the State's only federal land grant
institution of higher learning. The University was established
in 1890. However, because of Alaska's territorial status, it
did not benefit from the original Morrill School Lands Act,
which only benefited states. Congress sought to address this
problem in 1915 and 1929 through legislation which reserved
certain public lands in Alaska for the benefit of the
University. Unfortunately, the University has as of today
received less than one-third of the acres it was entitled to
receive from the federal government. As a result, even though
Alaska is the largest of the fifty states, it ranks 48th in
terms of land devoted to higher education. This language begins
to address both of these problems by authorizing the Secretary
of the Interior to convey up to 350,000 acres of federal lands,
on a matching basis with the State of Alaska, to the
University.
Title XI: California Bay-Delta Environmental Enhancement
The Managers agreed to the inclusion of this proposal
which will authorize $430 million for fiscal years 1998 through
2000 for ecosystem protection and restoration in the San
Francisco Bay-Delta region. These funds will represent the
three-year federal match of state funds allocated in accordance
with California Proposition 204. This provision is only
effective if the corresponding state proposition 204 is adopted
by the voters in November of 1996. If passed, the corresponding
state proposition would provide $995 million in state dollars
for the program.
Don Young,
James V. Hansen,
Wayne Allard,
J.D. Hayworth,
Barbara Cubin,
Managers on the Part of the House.
Frank H. Murkowski,
Pete V. Domenici,
Don Nickles,
J. Bennett Johnston,
Managers on the Part of the Senate.
