< Back to H.R. 2570 (101st Congress, 1989–1990)

Text of the Arizona Desert Wilderness Act of 1990

This bill was enacted after being signed by the President on November 28, 1990. The text of the bill below is as of Nov 28, 1990 (Passed Congress/Enrolled Bill).

PUBLIC LAW 101-628—NOV. 28, 1990                                   104 STAT. 4469
Public Law 101-628
101st Congress
                                    An Act
To provide for the designation of certain public lands as wilderness in the State of     Nov. 28, 1990
                                      Arizona.                                            [H.R. 2570]
  Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
   SECTION 1. SHORT TITLE.—Titles I through III of this Act may be Arizona Desert
cited as the "Arizona Desert Wilderness Act of 1990".              Wilderness
                                                                   Act of 1990.
                                                                                       16 u s e 460ddd
  TITLE I—DESIGNATION OF WILDERNESS AREAS TO BE                                        note.
 ADMINISTERED BY THE BUREAU OF LAND MANAGEMENT                                         National
                                                                                       Wilderness
SEC. 101. DESIGNATION AND MANAGEMENT.                                                  Preservation
                                                                                       System.
  (a) DESIGNATION.—In furtherance of the purposes of the Wilder-                       16 u s e 1132
ness Act, the following public lands are hereby designated as wilder-                  note.
ness and therefore, as components of the National Wilderness
Preservation System:
       (1) certain lands in Mohave County, Arizona, which comprise
     approximately 23,600 acres, as generally depicted on a map
     entitled "Mount Wilson Wilderness" and dated February 1990,
     and which shall be known as the Mount Wilson Wilderness;
       (2) certain lands in Mohave County, Arizona, which comprise
     approximately 31,070 acres, as generally depicted on a map
     entitled "Mount Tipton Wilderness" and dated February 1990,
     and which shall be known as the Mount Tipton Wilderness;
       (3) certain lands in Mohave County, Arizona, which comprise
     approximately 27,530 acres, as generally depicted on a map
     entitled "Mount Nutt Wilderness" and dated February 1990,
     and which shall be known as the Mount Nutt Wilderness:
     Provided, That the existing water- pipeline for the town of
     Oatman, together with the right of ingress and egress thereto,
     may be operated, maintained, and upgraded, subject to reason-
     able requirements to protect wilderness values;
       (4) certain lands in Mohave County, Arizona, which comprise
     approximately 90,600 acres, as generally depicted on a map
     entitled "Warm Springs Wilderness" and dated February 1990,
     and which shall be known as the Warm Springs Wilderness;
       (5) certain lands in Mohave County, Arizona, which comprise
     approximately 15,900 acres, as generally depicted on a map
     entitled "Aubrey Peak Wilderness" and dated February 1990,
     and which shall be known as the Aubrey Peak Wilderness;
       (6) certain lands in La Paz County, Arizona, which comprise
     approximately 14,630 acres, as generallv depicted on a map
     entitled "East Cactus Plain Wilderness and dated February
     1990, and which shall be known as the East Cactus Plain
     Wilderness;
       (7) certain lands in Mohave and La Paz Counties, Arizona,
     which comprise approximately 41,600 acres, as generally de-
     picted on a map entitled "Rawhide Mountains Wilderness" and

104 STAT. 4470 PUBLIC LAW 101-628—NOV. 28, 1990 dated February 1990, and which shall be known as the Rawhide Mountains Wilderness; (8) certain lands in Mohave, Yavapai, and La Paz Counties, Arizona, which comprise approximately 126,760 acres, as gen- erally depicted on a map entitled "Arrastra Mountain Wilder- ness" and dated February 1990, and which shall be known as the Arrastra Mountain Wilderness; (9) certain lands in La Paz County, Arizona, which comprise approximately 25,287 acres, as generally depicted on a map entitled "Harcuvar Mountains Wilderness" and dated February 1990, and which shall be known as the Harcuvar Mountains Wilderness; (10) certain lands in La Paz and Maricopa Counties, Arizona, which comprise approximately 22,865 acres, EIS generally de- picted on a map entitled "Harquahala Mountains Wilderness" and dated February 1990, and which shall be known as the Harquahala Mountains Wilderness; (11) certain lands in Maricopa County, Arizona, which com- prise approximately 20,600 acres, as generallv depicted on a map entitled "Big Horn Mountains Wilderness and dated Feb- ruary 1990, and which shall be known as the Big Horn Moun- tains Wilderness; (12) certain lands in Maricopa County, Arizona, which com- prise approximately 30,170 acres, as generally depicted on a map entitled "Hummingbird Springs Wilderness" and dated February 1990, and which shall be known as the Hummingbird Springs Wilderness; (13) certain lands in La Paz, Yuma, and Maricopa Counties, Arizona, which comprise approximately 89,000 acres, as gen- erally depicted on a map entitled "Eagletail Mountains Wilder- ness" and dated February 1990, and which shall be known as the Eeigletail Mountains Wilderness; (14) certain lands in Maricopa County, Arizona, which com- prise approximately 15,250 acres, £is generally depicted on a map entitled "Signal Mountain Wilderness" and dated Feb- ruary 1990, and which shall be known as the Signal Mountains Wilderness; (15) certain lands in Maricopa County, Arizona, which com- prise approximately 61,000 acres, as generally depicted on a map entitled "Woolsey Peak Wilderness" and dated February 1990, and which shall be known as the Woolsey Peak Wilderness; (16) certain lands in Maricopa County, Arizona, which com- prise approximately 14,500 acres, £is generally depicted on a map entitled "Sierra Estrella Wilderness" and dated February 1990, and which shall be known as the Sierra Estrella Wilderness; (17) certain lands in Maricopa and Pinal Counties, Arizona, which comprise approximately 34,400 acres, as generally de- picted on a map entitled "Table Top Wilderness" and dated February 1990, and which shall be known as the Table Top Wilderness; (18) certain lands in Pima County, Arizona, which comprise approximately 5,080 acres, as generally depicted on a map entitled "Coyote Mountains Wilderness and dated February 1990, and which shall be known as the Coyote Mountains Wilderness;
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4471 (19) certain lands in Pima County, Arizona, which comprise approximately 2,065 acres, as generally depicted on a map entitled "Baboquivari Peak Wilderness" and dated February 1990, and which shall be known as the Baboquivari Peak Wilderness; (20) certain lands in Gila County, Arizona, which comprise approximately 9,201 acres, as generally depicted on a map entitled "Needle's Eye Wilderness" and dated February 1990, and which shall be known as the Needle's Eye Wilderness: Provided, That the right-of-way reserved by right-of-way res- ervation A-16043 dated October 20, 1986, together with the right of ingress and egress thereto, shall not be affected by this Act, and the existing powerline utilizing such right-of-way may be operated, maintained, and upgraded, subject to reasonable requirements to protect wilderness values; (21) certain lands in Graham County, Arizona, which com- prise approximately 6,590 acres, as generally depicted on a map entitled "North Santa Teresa Wilderness" and dated February 1990, and which shall be known as the North Santa Teresa Wilderness; (22) certain lands in Graham (Uounty, Arizona, which com- prise approximately 10,883 acres, as generally depicted on a map entitled "Fishhooks Wilderness" and dated February 1990, and which shall be known as the Fishhooks Wilderness; (23) certain lands in Cochise CJounty, Arizona, which comprise approximately 11,998 acres, as generally depicted on a map entitled "Dos Cabezas Mountains Wilderness and dated Feb- ruary 1990, and which shall be known as the Dos Cabezas Mountains Wilderness; (24) certain lands in Graham and Cochise Counties, Arizona, which comprise approximately 6,600 acres, as generally de- picted on a map entitled "Redfield Canyon Wilderness' and dated February 1990, and which shall be known as the Redfield Canyon Wilderness; (25) certain lands in La Paz C!ounty, Arizona, which comprise approximately 18,805 acres, as generally depicted on a map entitled "Gibraltar Mountain Wilderness and dated February 1990, and which shall be known as the Gibraltar Mountain Wilderness; (26) certain lands in La Paz and Mohave Counties, Arizona, which comprise approximately 15,755 acres, as generally de- picted on a map entitled "Swansea Wilderness and dated February 1990, and which shall be known as the Swansea Wilderness; (27) certain lands in LaPaz County, Arizona, which comprise approximately 29,095 acres, as generally depicted on a map entitled "Trigo Mountain Wilderness" and dated February 1990, and which shall be known as the Trigo Mountain Wilderness; (28) certain lands in Yuma County, Arizona, which comprise approximately 8,855 acres, as generally depicted on a map entitled "Muggins Mountain Wilderness" and dated February 1990, and which shall be known as the Muggins Mountain Wilderness; (29) certain lands in Yavapai and Maricopa Counties, Arizona, which comprise approximately 9,200 acres, as generally de- picted on a map entitled "Hells Canyon Wilderness" and dated
104 STAT. 4472 PUBLIC LAW 101-628—NOV. 28, 1990 February 1990, and which shall be known as the Hells Canyon Wilderness; (30) certain lands in Maricopa County, Arizona, which com- prise approximately 63,600 acres, as generally depicted on a map entitled "North Maricopa Mountains Wilderness" and dated February 1990, and which shall be known as the North Maricopa Mountains Wilderness; (31) certain lands in Maricopa County, Arizona, which com- prise approximately 60,800 acres, as generally depicted on a map entitled "South Maricopa Mountains Wilderness" and dated February 1990, and which shall be known as the South Maricopa Mountains Wilderness; (32) certain lands in Mohave County, Arizona, which comprise approximately 38,400 acres, as generally depicted on a map entitled "Wabayuma Peak Wilderness" and dated February 1990, and which shall be known as the Wabayuma Peak Wilderness; (33) certain lands in Yavapai and Mohave Counties, Arizona, which comprise approximately 27,900 acres, as generally de- picted on a map entitled "Upper Burro Creek Wilderness" and dated June 1990, and which shall be known as the Upper Burro Creek Wilderness; (34) certain lands in Yavapai County, Arizona, which com- prise approximately 11,840 acres, as generally depicted on a map entitled "Hassayampa River Canyon Wilderness" and dated February 1990, and which shall be known as the Hassayampa River Canyon Wilderness; (35) certain lands in Pinal County, Arizona, which comprise approximately 5,800 acres, as generally depicted on a map entitled "White Canyon Wilderness" and dated February 1990, and which shall be known as the White Canyon Wilderness; (36) certain lands in Yavapai County, Arizona, which com- prise approximately 8,700 acres, as generally depicted on a map entitled "Tres Alamos Wilderness" and dated February 199(), and which shall be known as the Tres Alamos Wilderness; (37) certain lands in Cochise, Greenlee, and Graham Counties, Arizona, which comprise approximately 19,650 acres, as gen- erally depicted on a map entitled "Peloncillo Mountains Wilder- ness" and dated February 1990, and which shall be known as the Peloncillo Mountains Wilderness; (38) certain lands in La Paz County, Arizona, which comprise approximately 21,680 acres, as generally depicted on a map entitled "New Water Mountains Wilderness' and dated Feb- ruary 1990, and which shall be known as the New Water Mountains Wilderness; (39) certain lands in Pinal and Graham Counties, Arizona, which comprise approximately 12,711 acres, as generally de- picted on a map entitled "Aravaipa Wilderness Additions" and dated February 1990, and which are hereby incorporated in and shall be deemed to be a part of the Aravaipa Canyon Wilderness (designated in Public Law 98-406, 98 Stat. 1491). (b) MANAGEMENT.—Subject to valid existing rights, the wilderness areas designated by this title shall be administered by the Secretary of the Interior (hereinafter in this title referred to as the "Sec- retary") in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilder-
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4473 ness Act (or any similar reference) shall be deemed to be a reference to the date of enactment of this Act. (c) MAP AND LEGAL DESCRIPTION,—As soon as practicable after enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area designated under this title with the Committee on Interior and Insular Affairs of the United States House of Representatives and with the Committee on Energy and Natural Resources of the United States Senate. Such map and description shall have the same force and effect as if included in this title, except that correction of clerical and typographical errors in such legal description and map may be made. Copies of such map and legal description shall be on file and available for public inspec- tion in the Office of the Director, Bureau of Land Management, United States Department of the Interior, and in the appropriate office of the Bureau of Land Management in Arizona. (d) No BUFFER ZONES.—The Congress does not intend for the designation of wilderness areas in the State of Arizona pursuant to this title to lead to the creation of protective perimeters or buffer zones around any such wilderness area. The fact that nonwilderness activities or uses can be seen or heard from areas within a wilder- ness shall not, of itself, preclude such activities or uses up to the boundary of the wilderness area. (e) FISH AND WILDUFE.—As provided in paragraph (7) of section 4(d) of the Wilderness Act, nothing in this title or in the Wilderness Act shall be construed as affecting the jurisdiction or responsibilities of the State of Arizona with respect to wildlife and fish on the public lands located in that State. (f) LIVESTOCK.—(1) Grazing of livestock in wilderness areas des- ignated by this title, where established prior to the date of the enactment of this Act, shall be administered in accordance with section 4(d)(4) of the Wilderness Act and the guidelines set forth in Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. Rept. 101-405). (2) The Secretary is directed to review all policies, practices, and regulations of the Bureau of Land Management regarding livestock grazing in Bureau of Land Management administered wilderness areas in Arizona in order to insure that such policies, practices, and regulations fully conform with and implement the intent of Con- gress regarding grazing in such areas, as such intent is expressed in this title. (g) WATER.—(1) With respect to each wilderness area designated by this title, Congress hereby reserves a quantity of water sufficient to fulfill the purposes of this title. The priority date of such reserved rights shall be the date of enactment of this Act. (2) The Secretary and all other officers of the United States shall Claims, take steps necessary to protect the rights reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate stream adjudica- tion in the courts of the State of Arizona in which the United States is or may be joined and which is conducted in accordance with the McCarran Amendment (43 U.S.C. 666). (3) Nothing in this title shall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Arizona on or before the date of enactment of this Act.
104 STAT. 4474 PUBLIC LAW 101-628—NOV. 28, 1990 (4) The Federal water rights reserved by this title are specific to the wilderness areas located in the State of Arizona designated by this title. Nothing in this title related to reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made pursuant thereto. (h) WILDLIFE MANAGEMENT.—In furtherance of the purposes and principles of the Wilderness Act, management activities to maintain or restore fish and wildlife populations and the habitats to support such populations may be carried out within wilderness areas des- ignated by this title, where consistent with relevant wilderness management plans, in accordance with appropriate policies and guidelines such as those set forth in Appendix B of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the One Hundred First Congress (H. Kept. 101-405). (i) MILITARY ACTIVITIES.—Nothing in this title shall preclude low level overflights of military aircraft, the designation of new units of special airspace, or the use or establishment of military flight training routes over wilderness areas designated by this title. (j) MINERAL EXCHANGES.—It is the intent of Congress that private mineral rights within wilderness areas designated by this title be acquired as expeditiously as possible by the Secretary using existing authority to acquire such rights by exchange. (k) BLACK ROCK WASH ROAD ACCESS.—(1) Section 101(a)(23) of the 16 use 1132 Arizona Wilderness Act of 1984 (98 Stat. 1487) is amended by ^°^^- striking "the governmental agency having jurisdictional authority may authorize limited access to the area, for private and administra- tive purposes, from U.S. Route 70 along Black Rock Wash to the vicinity of Black Rock; (2)(A) In order to permit adequate public and private access to Federal, State, and private lands on the east side of the Santa Teresa Mountains, the Secretary, acting through the Bureau of Indian Affairs, shall administer that portion of Black Rock Wash Road located within the boundaries of the San Carlos Apache Reservation so as to allow reasonable use of the road for private and administrative purposes and may permit limited public use of such road for the purpose of access to the public lands outside of the reservation boundary. (B) The Secretary, acting through the Bureau of Indian Affairs, is authorized, subject to the provisions of the Act of June 18, 1934, chapter 576, section 16 (25 U.S.C. 476; 48 Stat. 987), to enter into cooperative agreements with the Bureau of Land Management, the Forest Service, and Graham County, Arizona, for signing, fencing, and maintenance of the portion of Black Rock Wash Road referred to in paragraph (A). The entering into of cooperative agreements as authorized by this subsection shall not be construed in any way as a determination of the ownership of such portion of Black Rock Wash Road. Appropriation (3) There are authorized to be appropriated such sums as may be authorization. necessary to carry out this subsection. (1) ALAMO DAM.—Nothing in this title shall be construed to affect the operation for flood control purposes of the Alamo Dam located on the Bill Williams River. SEC. 102. AREAS RELEASED. Excepting for the Baker Canyon area (AZ-040-070), and the approximately 57,800 acres of public land as generally depicted on a
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4475 map entitled "Cactus Plain Wilderness Study Area" dated Feb- ruary, 1990, the Congress hereby finds and directs that all public lands in Arizona, administered by the Bureau of Land Management pursuant to the Federal Land Policy and Management Act of 1976 not designated as wilderness by this title, or previous Acts of Congress, have been adequately studied for wilderness designation pursuant to section 603 of such Act and are no longer subject to the requirement of section 603(c) of such Act pertaining to the manage- ment of wilderness study areas in a mgmner that does not impair the suitability of such areas for preservation as wilderness. TITLE II—DESIGNATION OF THE GILA BOX RIPARIAN Natural resources. NATIONAL CONSERVATION AREA SEC. 201. DESIGNATION AND MANAGEMENT. 16 u s e 460ddd. (a) PURPOSES.—In order to conserve, protect, and enhance the Establishment, riparian and associated areas described in subsection (b) and the aquatic, wildlife, archeological, paleontological, scientific, cultural, recreational, educational, scenic, and other resources and values of such areas, there is hereby established the Gila Box Riparian Na- tional Conservation Area (hereafter in this title referred to as the "conservation area"). (b) AREAS INCLUDED.—The conservation area shall consist of the public lands generally depicted on a map entitled "Gila Box Ripar- ian National Conservation Area" dated February 1990, and compris- ing approximately 20,900 acres. (c) MAP.—As soon as practicable after the date of enactment of this Act, a map and legal description of the conservation area shall be filed by the Secretary with the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. Such map shall have the same force and effect as if included in this section. Copies of such map 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, and in the appropriate office of the Bureau of Land Management in Arizona. (d) MANAGEMENT OF CONSERVATION AREA.—(1) The Secretary shall manage the conservation area in a manner that conserves, protects and enhances its resources and values, including the resources and values specified in subsection (a), pursuant to the Federal Land Policy and Management Act of 1976 and other applicable law, including this title. (2) The Secretary shall allow only such uses of the conservation area as the Secretary finds will further the purposes for which the conservation area is established. Except where needed for adminis- trative purposes or to respond to an emergency, use of motorized vehicles in the conservation area shall be permitted only on roads specifically designated for such use £is part of the management plan prepared pursuant to subsection (g). (e) WITHDRAWAL.—Subject to valid existing rights, all Federal lands within the conservation area are hereby withdrawn from all forms of entry, appropriation, or disposal under the public land laws; from location, entry, and patent under the United States mining laws; and from disposition under all laws pertaining to mineral and geothermal leasing, and all amendments thereto.
104 STAT. 4476 PUBLIC LAW 101-628—NOV. 28, 1990 (f) WATER.—(1) Congress hereby reserves a quantity of water sufficient to fulfill the purposes, as specified in subsection (a), for which the conservation area is established. The priority date of this reserved right shall be the date of enactment of this Act. Claims. (2) The Secretary and all other officers of the United States shall take all steps necessary to protect the right reserved by paragraph (1), including the filing by the Secretary of a claim for the quan- tification of such right in any present or future appropriate stream adjudication in the courts of the State of Arizona in which the United States is or may be joined and which is conducted in accordance with the McCarran Amendment (43 U.S.C. 666). (3) Nothing in this title shiall be construed as a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State of Arizona on or before the date of enactment of this Act. (4) The Federal rights reserved by this title are specific to the conservation area located in the State of Arizona designated by this title. Nothing in this title related to reserved Federal water rights shall be construed as establishing a precedent with regard to any future designations, nor shall it constitute an interpretation of any other Act or any designation made pursuant thereto. (5) Nothing in this title shall be construed to impair or conflict with the implementation of the authorization contained in section 304(f) of Public Law 90-537, approved September 30,1968. (g) MANAGEMENT PLAN.—(1) No later than two years after the date of enactment of this Act, the Secretary shall develop a com- prehensive plan for the long-term management of the conservation area (hereinafter in this title referred to as the "management plan") in order to fulfill the purposes for which the conservation area is established. The management plan shall be developed with full public participation and shall include provisions designed to assure protection of the resources and values (including the resources and values specified in subsection (a)) of the conservation area. (2) The management plan shall include a discussion of the desir- ability of the inclusion in the conservation area of additional lands, including the lands not in Federal ownership that are contiguous to the boundary of the conservation area (as depicted on the map referenced in subsection (b) or as hereafter adjusted pursuant to subsection (h)) and within the area extending two miles on either side of the centerline of Eagle Creek from the point where Eagle Creek crosses the southern boundary of the Apache National Forest to the confluence of Eagle Creek with the Gila River (this area is hereafter referred to in this title as the "Eagle Creek riparian area"). (3) In order to better implement the management plan, the Sec- retary may enter into cooperative agreements with appropriate State and local agencies pursuant to section 307(b) of the Federal Land Policy and Management Act of 1976. (4) In order to assist in the development and implementation of the management plan, the Secretary may authorize appropriate research, including research concerning the environmental, bio- logical, hydrological, cultural, and other characteristics, resources, and values of the conservation area, pursuant to section 307(a) of the Federal Land Policy and Management Act of 1976. (h) ACQUISITION AND BOUNDARY ADJUSTMENTS.—(1) Subject to the limitations set forth in paragraph (3), the Secretary is authorized to
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4477 acquire non-Federal lands or interests therein within the boundaries of the conservation area or within the Eagle Creek riparian area. (2) The Secretary is authorized to adjust the boundaries of the conservation area so as to incorporate within the conservation area any lands or interests within the Eagle Creek riparian area that may be acquired after the date of enactment of this Act as well as public lands within that portion of the Eagle Creek riparian area west of the centerline of Eagle Creek that the Secretary finds appropriate in order to properly manage such acquired lands as part of the conservation area. Any lands or interests so incorporated shall be managed as part of the conservation area. (3) No lands or interests therein owned by the State of Arizona or any political subdivision of such State shall be acquired pursuant to t h ^ subsection except through donation or exchange, and no lands or interests within the conservation area or the Eagle Creek ripar- ian area shall be acquired from any other party or entity except by donation, exchange, or purchase with the consent of the owner of such lands or interests. (i) No BUFFER ZONES.—The Congress does not intend for the establishment of the conservation area to lead to the creation of protective perimeters or buffer zones around the conservation area. The fact that there may be activities or uses on lands outside the conservation area that would not be permitted in the conservation area shall not preclude such activities or uses on such Isuids up to the boundary of the conservation area to the extent consistent with other applicable law. (j) ADVISORY COMMITTEE.—The Secretary shall establish an ad- visory committee to advise the Secretary with respect to the preparation and implementation of the management plan. Such advisory committee shall consist of seven members appointed by the Secretary. One member shall be appointed from among rec- ommendations submitted by the Governor of Arizona, one member shall be appointed from among recommendations submitted by the Graham County Board of Supervisors and one member shall be appointed from among recommendations submitted by the Greenlee County Board of Supervisors. The remaining members shall be persons recognized £is experts in wildlife conservation, riparian ecology, archeology, paleontology, or other disciplines directly re- lated to the purposes for which the conservation area is established. (k) REPORT.—No later than five years gifter the date of enactment of this Act, and at least each ten years thereafter, the Secretary shall report to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate on the implementation of this title, the condition of the resources and values of the conservation area, and the progress of the Secretary in achieving the purposes for which the conservation area is established. (1) ENFORCEMENT.—Any person who violates any regulation promulgated by the Secretary to implement the provisions of this title shedl be subject to a fine in accordance with applicable provi- sions of the Sentencing Reform Act of 1984, or imprisonment of not more than 1 year, or both such fine and imprisonment. (m) AUTHORIZATION.—There are hereby authorized to be appro- Appropriation priated such sums as may be necessary to implement the provisions authorization, of this title.
104 STAT. 4478 PUBLIC LAW 101-628—NOV. 28, 1990 National TITLE III—DESIGNATION OF WILDERNESS AREAS TO BE Wilderness ADMINISTERED BY THE UNITED STATES FISH AND Preservation System. WILDLIFE SERVICE 16 u s e 1132 SEC. 301. DESIGNATION AND MANAGEMENT note. (a) DESIGNATION.—In furtherance of the purposes of the Wilder- ness Act, the following lands are hereby designated as wilderness and therefore as components of the National Wilderness Preserva- tion System: (1) certain lands in the Havasu National Wildlife Refuge, Arizona, which comprise approximately 14,606 acres, as gen- erally depicted on a map entitled "Havasu Wilderness" and dated March 13, 1990, and which shall be known as the Havasu Wilderness; (2) certain lands in the Imperial National Wildlife Refuge, Arizona, which comprise approximately 9,220 acres, as gen- erally depicted on a map entitled "Imperial Refuge Wilderness" and dated March 13, 1990, and which shall be known as the Imperial Refuge Wilderness; (3) certain lands in the Kofa National Wildlife Refuge, Ari- zona, which comprise approximately 510,900 acres, and certain other public lands comprising approximately 5,300 acres which are hereby added to and incorporated within such refuge (and which shall be managed accordingly), all as generally depicted on a map entitled "Kofa Wilderness" and dated August 1, 1990, and which shall be known as the Kofa Wilderness; and (4) certain lands in the Cabeza Prieta National Wildlife Refuge, Arizona, which comprise approximately 803,418 acres, as generally depicted on a map entitled "Cabeza Prieta Wilder- ness" and dated March 13, 1990, and which shall be known as the Cabeza Prieta Wilderness, (h) MANAGEMENT.—Subject to valid existing rights, the wilderness areas designated under this title shall be administered by the Secretary of the Interior (hereinafter in this title referred to as the "Secretary") in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act (or any similar reference) shall be deemed to be a reference to the date of enactment of this title. (c) M A P AND LEGAL DESCRIPTION.—As soon as practicable after enactment of this title, the Secretary shall file a map and a legal description of each wilderness area designated under this section with the Committee on Interior and Insular Affairs and the Commit- tee on Merchant Marine and Fisheries of the United States House of Representatives and with the Committee on Energy and Natural Resources and the Committee on Environment and Public Works of the United States Senate. Such map and description shall have the same force and effect as if included in this title, except that correc- tion of clerical and typographical errors in such legal description and map may be made. Such map and legal description shall be on file and available for public inspection in the Office of the Director, United States Fish and Wildlife Service, United States Department of the Interior. (1)(A) With respect to each wilderness area designated by this title, and subject to the limitations set forth in subparagraph (B), Congress hereby reserves a quantity of water sufficient to
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4479 fulfill the purposes of this title. The priority date of such reserved rights shall be the date of enactment of this Act. (B) With respect to the Havasu and Imperial wilderness areas designated by subsections (a)(1) and (a)(2) of this section, no rights to water of the Colorado River are reserved, either ex- pressly, impliedly, or otherwise. (2) The Secretary and all other officers of the United States shall take all steps necessary to protect the rights reserved by paragraph (1), including the filing by the Secretary of a claim for the quantification of such rights in any present or future appropriate steam adjudication in the courts of the State of Arizona in which the United States is or may be joined and which is conducted in accordance with the McCarran Amend- ment (43 U.S.C. 666). (3) Nothing in this title shall be construed as a relinquish- ment or reduction of any water right reserved or appropriated by the United States in the State of Arizona on or before the date of enactment of this Act. (4) The Federal water rights reserved by this title are specific to the wilderness areas located in the State of Arizona des- ignated by this title. Nothing in this title related to reserved Federal water rights shall be construed as establishing a prece- dent with regard to any future designations, nor shall it con- stitute an interpretation of any other Act or any designation made pursuant thereto. (e) No EFFECT ON COLORADO RIVER DAMS.—Nothing in this title shall be construed to affect the operation of federally owned dams located on the Colorado River in the Lower Basin. (f) MiUTARY ACTIVITIES.—Nothing in this title including the des- ignation as wilderness of lands within the Cabeza Prieta National Wildlife Refuge, shall be construed as— (1) precluding or otherwise affecting continued low-level overflights by military aircraft over such refuge or the mainte- nance of existing associated ground instrumentation, in accord- ance with any applicable interagency agreements in effect on the date of enactment of this Act; or (2) precluding the Secretary of Defense from entering into new or renewed agreements with the Secretary concerning use by military aircraft of airspace over such refuge or the mainte- nance of existing associated ground instrumentation, consistent with management of the refuge for the purpose for which such refuge was established and in accordance with laws applicable to the National Wildlife Refuge System. (g) LAW ENFORCEMENT BORDER ACTIVITIES.—Nothing in this title, including the designation as wilderness of lands within the Cabeza Prieta National Wildlife Refuge, shall be construed as— (1) precluding or otherwise affecting continued border oper- ations by the Immigration and Naturalization Service, the Drug Enforcement Administration, or the United States Customs Service within such refuge, in accordance with any applicable interagency agreements in effect on the date of enactment of this Act; or (2) precluding the Attorney General of the United States or the Secretary of the Treasury from entering into new or re- newed agreements with the Secretary concerning Immigration and Naturalization Service, Drug Enforcement Administration, or United States Customs Service border operations within such
104 STAT. 4480 PUBLIC LAW 101-628—NOV. 28, 1990 refuge, consistent with management of the refuge for the pur- pose for which such refuge was established, and in accordance with laws applicable to the National Wildlife Refuge System. SEC. 302. NO EFFECT ON UPPER BASIN. Nothing in titles I, II, or III of this Act shall amend, construe, supersede, or preempt any State law. Federal law, interstate com- pact, or international treaty pertaining to the Colorado River (including its tributaries) in the Upper Basin, including, but not limited to, the appropriation, use, development, storage, regulation, allocation, conservation, exportation, or quality of those waters. Fort McDowell TITLE IV—FORT McDOWELL INDIAN COMMUNITY WATER Indian RIGHTS SETTLEMENT Community Sfem^ent^ SECTION 401. SHORT TITLE. of 1^^^- This title may be cited as the "Fort McDowell Indian Community ?onTracS.^"* Water Rights Settlement Act of 1990". Claims. SEC. 402. CONGRESSIONAL FINDINGS AND DECLARATIONS. (a) The Congress finds that— (1) it is the policy of the United States, in fulfillment of its trust responsibility to Indian tribes, to promote Indian self- determination and economic self-sufficiency, and to settle, wher- ever possible, the water rights claims of Indian tribes without lengthy and costly litigation; (2) meaningful Indian self-determination and economic self- sufficiency depend on development of viable Indian reservation economies; (3) quantification of rights to water and development of facili- ties needed to utilize tribal water supplies effectively is essential to the development of viable Indian reservation economies, particularly in arid western States; (4) on September 15, 1903, the United States Government established a reservation for the Fort McDowell Indian Commu- nity in Arizona north of the confluence of the Salt and Verde Rivers tributary to the Gila River; (5) the United States, as trustee for the Community, obtained water entitlements for the Community pursuant to the Kent Decree of 1910; however, continued uncertainty as to the full extent of the Community's entitlement to water has severely limited the Community's access to water and the financial resources necessary to develop its valuable agricultural lands and frustrated its efforts to reduce its dependence on Federal program funding and achieve meaningful self-determination and economic self-sufficiency; (6) proceedings to determine the full extent and nature of the Community's water rights and damages thereto are currently pending before the United States District Court in Arizona, the United States Claims Court, the Superior Court of the State of Arizona in and for Maricopa County, as part of the General Adjudication of the Gila River System and Source, and before various Federal agencies under the Federal Tort Claims Act; (7) recognizing that final resolution of pending litigation will take many years and entail great expense to all parties, con- tinue economically and socially damaging limits to the Commu- nity's access to water, prolong uncertainty as to the availability
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4481 of water supplies and seriously impair the long-term economic planning and development of all parties, the Community and neighboring non-Indian communities have sought to settle dis- putes over water and reduce the burdens of litigation; (8) after more than five years of negotiation, which included participation by representatives of the United States Govern- ment, the Community and neighboring non-Indian communities of the Salt River Valley, who are all party to the General Adjudication of the Gila River System and Source, the parties have entered into an agreement to resolve all water rights claims between and amQng themselves, to quantify the Commu- nity's entitlement to water, and to provide for the orderly development of the Community's lands; (9) pursuant to the agreement, the neighboring non-Indian communities will transfer rights to approximately twelve thou- sand acre-feet of surface water to the Community; provide for the means of firming existing water supplies of the Community, and make substantial additional contributions to carry out the agreement's provisions; and (10) to advance the goals of Federal Indian policy and to fulfill the trust responsibility of the United States to the Community, it is appropriate that the United States participate in the implementation of the agreement and contribute funds for the rehabilitation and expansion of existing reservation irrigation facilities so as to enable the Community to utilize fully its water entitlements in developing a diverse, efficient reservation economy. 03) Therefore, the Congress declares that the purposes of this Act are: (1) to approve, ratify and confirm the agreement entered into by the Community and its neighboring non-Indian communities, (2) to authorize and direct the Secretary of the Interior to execute and perform such agreement, and (3) to authorize the actions and appro- priations necessary for the United States to fulfill its legal and trust obligations to the Community as provided in the agreement and this Act. SEC. 403. DEFINITIONS. For purposes of thi? Act— (a) "Agreement" means that agreement among the Fort McDowell Indian Community, the State of Arizona, the Salt River Project Agricultural Improvement and Power District, the Salt River Valley Water Users' Association, the Roosevelt Water Conservation District, the Arizona cities of Chandler, Glendale, Mesa, Phoenix, Scottsdale, and Tempe, and the Ari- zona Town of Gilbert, and the Central Arizona Water Conserva- tion District, together with all exhibits thereto, as the same is approved and executed by the Secretary of the Interior pursu- ant to sections 411(d) and 412(a)(8) of this Act. (b) "CAP" means the Central Arizona Project, a reclamation project authorized under title III of the Colorado River Basin Project Act of 1968 (43 U.S.C. 1521 et seq.). (c) "CAWCD" means the Central Arizona Water Conservation District organized under the laws of the State of Arizona, which is the contractor under a contract with the United States, dated December 15, 1972, for the delivery of water and repayment of costs of the Central Arizona Project.
104 STAT. 4482 PUBLIC LAW 101-628—NOV. 28, 1990 (d) "Community" means the Fort McDowell Indian Commu- nity, a community of Yavapai Indians organized under section 16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. 987, 25 U.S.C. 476), and duly recognized by the Secretary. (e) "HVID" means the Harquahala Valley Irrigation District, an irrigation district organized under the laws of the State of Arizona. (f) "Kent Decree" means the decree dated March 1, 1910, entered in Patrick T. Hurley versus Charles F. Abbott, and others, Case Numbered 4564, in the District Court of the Third Judicial District of the Territory of Arizona, in and for the County of Maricopa, and all decrees supplemental thereto. (g) "RWCD" means the Roosevelt Water Conservation Dis- trict, an irrigation district organized under the laws of the State of Arizona. (h) "Secretary" means the Secretary of the United States Department of the Interior. (i) "SRP" means the Salt River Project Agricultural Improve- ment and Power District, a political subdivision of the State of Arizona, and the Salt River Valley Water Users' Association, an Arizona corporation. SEC. 404. KENT DECREE REREGULATION. (a) To permit the Community to more fully utilize its water rights under the Kent Decree as provided in the Agreement and subsection (b) of this section, the agreement between the United States and the SRP dated June 3, 1935, as amended on November 26, 1935, relating to the Verde River Storage Works, and the agreement among the SRP, Phelps Dodge Corporation, and the Defense Plant Corporation dated March 1, 1944, including, but not limited to, the provisions of such agreements by which SRP saves and holds harmless the United States, and the rights of the United States and SRP to Verde River storage, are hereby ratified, confirmed and declared to be valid: Provided, however. That the priority date and quantification of these storage rights, and such other storage rights as may exist, shall be determined in an appropriate state proceeding in the State of Arizona. Nothing in this Act or the Agreement shall affect the validity or invalidity of any permit, right-of-way, license or grant held by Phelps Dodge Corporation for the utilization of land or water within the San Carlos Apache Reservation. (b) The Secretary is authorized and directed to contract with SRP, for a period of not more than twenty-five years from the date the authorizations contained in section 409(b) of this Act become effec- tive, for the utilization of up to three thousand acre-feet of the existing storage right of the United States and SRP behind Bartlett and Horseshoe Dams on the Verde River for the reregulation of the Community's rights to water under the Kent Decree. This storage space shall be for seasonal regulation only, with no annual carry- over past October 1. SEC. 405. RATIFICATION AND CONFIRMATION OF CONTRACTS. (a) The contract between the SRP and RWCD dated October 24, 1924, together with all amendments thereto and any extension thereof entered into pursuant to the Agreement, is ratified, con- firmed, and declared to be valid. 03) The Secretary is authorized and directed to revise the sub- contract of the RWCD agricultural water service from the CAP to
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4483 include an addendum substantially in the form of exhibit "10.3.2" to the Agreement and to execute the subcontract as revised. Notwith- standing any other provision of law, the Secretary shall approve the conversions of agricultural water to municipal and industrial uses authorized by the addendum at such time as the conditions authoriz- ing such conversions, as set forth in the addendum, are found to exist. (c) The lands within the RWCD and the lands within the SRP shall be free from the ownership limitations of Federal reclamation law and all full cost pricing provisions of Federal law. (d) Neither SRP nor the RWCD shall become subject to the provisions of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.) by virtue of either of their participation in the settlement or their execution and performance of the Agreement, including, but not limited to, any exchanges provided for in the Agreement. SEC. 406. OTHER WATER (a) The Secretary is authorized and directed to acquire for the Community thirteen thousand nine hundred thirty-three acre-feet of water from one or a combination of the following sources: (1) CAP water permanently relinquished by the HVID pursu- ant to contract with the Secretary. (2) CAP municipal and industrigil water and CAP Indian priority water permanently relinquished by the City of Prescott, the Yavapai-Prescott Tribe, the Yavapai-Apache Indian Community of the Camp Verde Reservation, the Cottonwood Water Company or the Camp Verde Water Company pursuant to contract with the Secretary. Any water acquired by the Secretary pursuant to this section shall be acquired with the consent of the contracting entity and shall be assigned to the Community in partial satisfaction of the Secretary's obligation under this section. (3) In the event that the Secretary cannot acquire thirteen thousand nine hundred and thirty-three acre-feet of water, solely or in combination, from the sources identified in subsec- tions (a)(1) and (a)(2) of this section, then the Secretary is authorized to acquire, from all water resources within the State of Arizona at the disposal of the United States, water in amounts necessary to meet the requirements of this section. HARQUAHALA VALLEY IRRIGATION DISTRICT (b) The Secretary is authorized to contract with the HVID for the permanent relinquishment of any portion of HVID's rights to CAP agricultural water. (1) The Secretary may use HVID water with its original CAP agricultural priority or may convert it, at the rate of one acre- foot per CAP-eligible acre, to a maximum of thirty-three thou- sand two hundred and sixty-three acre-feet of CAP Indian priority water. Up to thirteen thousand nine hundred and thirty-three acre-feet of such water shall be made available to the Community by contract with the Secretary. (2) As consideration for the fair value of water relinquished under subsection (b) of this section, the Secretary is authorized: (i) to credit the HVID with an appropriate share of its outstanding CAP distribution system debt, with such share ' reflecting the relationship between the amount of HVID
104 STAT. 4484 PUBLIC LAW 101-628—NOV. 28, 1990 CAP rights acquired by the Secretary and the total CAP allocation of the HVID; and (ii) to offset the annual repayment requirements of the CAWCD under repayment contract numbered 14-06-W-245 in amounts which total the balance of the fair value of the water acquired and not accounted for under (i) above until such value is exhausted. (3) In the event that the Secretary acquires all or a part of the CAP water rights of the HVID, the following shall apply: (i) The Secretary is authorized to transfer title to existing Federal facilities within HVID that are no longer needed for CAP purposes to the CAWCD or to other non-Federal entities. (ii) The Secretary is authorized to approve or execute any agreements that are necessary to accomplish the transfer of HVID's CAP agricultural water rights to the Secretary for Indian water rights settlement purposes. As a condition of the transfer of such entitlement, the lands which are pur- chased by non-Federal interests within HVID must be ex- cluded from HVID. Except as provided for in Article 8.7 of the December 1, 1988, contract between the United States and CAWCD, the excluded lands shall not be entitled to a supply of CAP water for agricultural purposes and shall not be subject to the ownership limitations of Federal reclama- tion law and all full cost pricing provisions of Federal law. (iii) The agreement implementing the transfer of HVID's CAP agricultural water rights to the Secretary shall pro- vide that any lands which remain in HVID or its successor shall continue to be subject to the ownership limitations of Federal reclamation law and all full cost pricing provisions of Federal law as long as HVID, or its successor, has a Federal repayment obligation for the cost of the CAP dis- tribution system. The agreement implementing the transfer shall provide that lands remaining in HVID, or its succes- sor, will not bear costs of operation, maintenance, and replacement for the CAP distribution system greater than that which they would have in the absence of the transfer of HVID's CAP agricultural water rights. (4) Water acquired by the Secretary for the Fort McDowell Indian Community pursuant to this subsection shall be deliv- ered to the Community as provided for in the Agreement. Any remaining water acquired by the Secretary pursuant to this subsection (b) shall be used only in the settlement of water rights claims of other Indian tribes having claims to the water in the Salt and Verde River system. VERDE RIVER WATERSHED (c) Providing that the Secretary first acquires at least seven thousand acre-feet of CAP water from one or more of the entities named in subsection (a)(2), of this section, the Secretary is au- thorized to acquire, by purchase from willing sellers, land and water rights in the Big Chino Valley of the Verde River watershed, in an amount sufficient to replace all such water so acquired. (1) The Secretary shall not acquire any land or water rights in the Big Chino Valley of the Verde River watershed until he has completed a study to determine whether, through the construe-
PUBLIC LAW 101-628~-NOV. 28, 1990 104 STAT. 4485 tion of water diversion, collection, and conveyance facilities to deliver water to a point near Sullivan Lake in Yavapai County, Arizona (hereinafter referred to as the "Sullivan Lake delivery point"), the exercise of such water rights will not have an adverse affect on the flow or the biota of the Verde River and that such exercise is not likely to jeopardize the continued existence of Meda fulgida (spikedace) or any other threatened or endangered species. The Secretary shall make the study re- Public quired by this paragraph available to the public for inspection iMO"nation. and comment upon its completion. (2) The Secretary is authorized to enter into an agreement with the City of Prescott to reimburse the city for not to exceed $800,000 advanced to the Secretary by the city for the purpose of expediting completion of the study required in subsection (cXD of this section. (3) If the Secretary determines, based upon the findings of the study, that the exercise of water rights will not have an adverse effect on the flow or the biota of the Verde River and is not likely to jeopardize the continued existence of Meda fulgida (spikedace) or any other threatened or endangered species, the Secretary shall be authorized to acquire land in the Big Chino Valley and to construct diversion, collection, and conveyance facilities sufficient to deliver the water to the Sullivan Lake delivery point. (4) The Secretary shall develop and implement a continuous monitoring program to ensure that groundwater pumping from land acquired pursuant to this subsection (c) shall not adversely affect the flow or the biota of the Verde River and to ensure that it will not jeopardize the continued existence of Meda fulgida (spikedace) or any other threatened or endangered spe- cies. The program shall be developed prior to and implemented concurrent with the construction of the facilities described in subsection (cX3) of this section. (d) If the Secretary acquires the CAP contract or subcontracts of the Yavapai-Apache Indian Community of the Camp Verde Reserva- tion, the Cottonwood Water Company or the Camp Verde Water Company, the Secretary is authorized to construct water conveyance facilities from the Sullivan Lake delivery point to a point down- stream on the Verde River. Subject to the study required in subsec- tion (dXD of this section and all applicable law, the Secretary is further authorized to place into the Verde River at the point downstream an amount of water sufficient, including all losses, to replace the water assigned by such entity or entities pursuant to this subsection. (1) The Secretary shall not construct any water conveyance facilities from the Sullivan Lake delivery point to any point downstream on the Verde River to replace water assigned pursuant to subsection (aX2) of this section, until he has com- pleted a study to determine whether the flow of the Verde River may be augmented without jeopardizing the continued existence of Meda fulgida (spikedace) or any other threatened or endan- gered species and, if the flow of the Verde may be so augmented, at what point or points downstream from the Sullivan Lake delivery point such augmentation would be most appropriate. (2) The Secretary shall, in conjunction with arrangements for the delivery of water pursuant to this subsection (d), develop and implement a monitoring program to ensure that the aug-
104 STAT. 4486 PUBLIC LAW 101-628—NOV. 28, 1990 mentation of the Verde River will not jeopardize the continued existence of Meda fulgida (spikedace) or any other threatened or endangered species. (e) If the Secretary acquires the CAP contract or subcontract of the Yavapai-Prescott Tribe or the City of Prescott, the Secretary is authorized to construct water conveyance facilities from the Sulli- van Lake delivery point to the City of Prescott's existing pumping facilities in the Little Chino Valley, Yavapai County, Arizona. If the Secretary constructs such water conveyance facilities, the City of Prescott shall repay the Secretary for the costs thereof. Nothing in this subsection shall be construed to prevent the City of Prescott from constructing such conveyance facilities itself. (1) The Secretary shall delivei water to the City of Prescott's existing pumping facilities or to such other point as the Sec- retary and the City of Prescott may agree, in an amount sufficient, including all losses, to replace the water acquired from the City of Prescott and the Yavapai-Prescott Tribe. (2) The Secretary is authorized and directed to enter into such agreements as are necessary to ensure that the Yavapai-Pres- cott Tribe will receive its share of the water to be developed by the Secretary pursuant to this subsection (e). Such agreement shall set forth the cost and other terms of delivery of such water. (3) The Secretary is authorized and directed, at the request of the Yavapai-Prescott Indian Tribe, to enter into and renew agreements granting the Yavapai-Prescott Indian Tribe long- term grazing privileges on the land acquired by the Secretary pursuant to subsection (a)(2) of this section: Provided, That the exercise of such privileges by the Yavapai-Prescott Indian Tribe shall not interfere with the exercise of water rights upon such land except for water reasonably needed by the Yavapai-Pres- cott Indian Tribe in connection with grazing. (f) The Secretary is authorized to contract to deliver replacement water to the entities identified in subsections (d) and (e) of this section which relinquish CAP water to the Secretary for the benefit of the Community. The replacement water shall be delivered by the Secretary at the Sullivan Lake delivery point unless otherwise agreed by the Secretary and the entity to receive the water. No replacement water may be delivered to any entity other than those identified in subsection (a)(2) of their section or their agents, and no replacement water may be used directly or indirectly outside Yavapai County, Arizona. (g) The entities which relinquish CAP water to the Community pursuant to subsection (a)(2) of this section shall not be required to repay costs incurred by the United States pursuant to subsections (c) and (c)(3) of this section. The entities identified in subsection (d) of this section, except for any entity which is an Indian tribe, shall repay the United States so much of the cost of the undertaking identified in subsection (d) as the entities and the United States shall agree. The costs of any undertaking pursuant to this subsec- tion (g) allocated to an Indian tribe shall be nonreimbursable. (h) The Secretary is authorized and directed to study the sources and cost of the water supplies, other than those identified in this section, that can be used to satisfy the water rights of the Yavapai- Prescott Indian Tribe and of the Yavapai-Apache Indian Commu- nity of the Camp Verde Reservation. A separate study shall be made for each tribe. Each study shall be commenced within one hundred
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4487 and eighty days after the enactment of this Act and shall be completed within one year after it is commenced. Copies of such studies shall be provided to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Select Committee on Indian Affairs of the United States Senate. (i) If the Secretary acquires water for the Community pursuant to subsection (a)(2) of this section, then the Secretary shall exclude, for the purpose of determining the allocation and repayment of costs of the CAP as provided in Article 9.3 of Contract No. 14-06-W-245 between the United States and CAWCD dated December 15, 1972, and any amendment or revision thereof, the costs associated with such water from CAWCD's repayment obligation and such costs shall be non-reimbursable. (j) The Secretary shall, in the exercise of the authorities provided in subsection (a) of this section, comply with all applicable environ- mental law. (k) If the Secretary acquires at least seven thousand acre-feet of CAP water from the entities identified in subsection (a)(2) of this section, there is authorized to be appropriated not to exceed $30,000,000 to pay the costs of acquiring the land and water re- sources identified in subsection (c) of this section and the costs allocable to the construction of diversion, collection, and conveyance facilities described in subsection (c); costs allocable to the construc- tion or diversion, collection, and conveyance facilities shall be ad- justed by such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineer- ing cost indices applicable to the types of construction involved therein. (1) There is authorized to be appropriated such sums as may be Appropriation necessary to provide for the studies required in subsections (c)(1), authorization. (d)(1), and (h) of this section and for the monitoring programs described in subsections (c)(4) and (d)(2) of this section. SEC. 407. WATER DELIVERY CONTRACT AMENDMENTS; WATER LEASE. (a) The Secretary is authorized and directed to amend the CAP water delivery contract between the United States and the commu- nity dated December 11, 1980 (herein referred to £is the "Community CAP Delivery Contract"), as follows: (1) to extend the term of such contract to December 31, 2099, and to provide for its subsequent renewal upon terms and conditions to be agreed upon by the parties prior to the expira- tion of the extended term thereof; (2) to authorize the Community to lease the CAP water to which the Community is entitled under the Community CAP Delivery Contract to the City of Phoenix under the terms and conditions of the Project Water lease set forth in exhibit "20.2.2" to the Agreement for a term commencing January 1, 2001, and ending December 31, 2099. Ot>) Notwithstanding any other provision of law, the amendments to the Community CAP Delivery Contract set forth in exhibit "20.2.1" to the Agreement and the terms and conditions of the Project Water Lease set forth in exhibit "20.2.2" to the Agreement are hereby authorized, approved, and confirmed. (c) The United States shall not impose upon the Community the operation, maintenance and replacement charges described and set forth in section "6(b)" of the Community CAP Delivery Contract or any other charge with respect to CAP water delivered or required to 39-194 O - 91 - 4 : QL 3 Part 6
104 STAT. 4488 PUBLIC LAW 101-628—NOV. 28, 1990 be delivered to the City of Phoenix as lessee of the Project Water Lease herein authorized. (d) The Community and the Secretary shall lease to the City of Phoenix, for a term commencing on January 1, 2001, and ending December 2099, for consideration in an amount agreed to by the Community and the City to be paid by the City to the Community, upon those reflected in the Project Water Lease set forth in exhibit "20.2.2" to the Agreement, the four thousand three hundred acre- feet of CAP water to which the Community is entitled under the Community CAP Delivery Contract. The Project Water Lease shall specifically provide that— (1) the City of Phoenix, in accordance with its obligations under the Project Water Leases, shall pay all operation, mainte- nance and replacement costs of such water to the United States, or, if directed by the Secretary, to the CAWCD: Provided, That such payments shall not be commenced earlier than October 1, 1999; (2) except as otherwise provided in the Project Water Lease, the City of Phoenix shall not be obligated to pay water service capital charges or municipal and industrial subcontract charges or any other charges or pajonent for such CAP water other than the operation, maintenance, and replacement costs and lease payments as set forth in this subsection. (e) For the purpose of determining the allocation and repayment of costs of the CAP £is provided in Article 9.3 of Contract Numbered 14-06-W-245 shall be United States of America and the CAWCD dated December 15, 1972, and any amendment or revision thereof, the costs associated with the delivery of CAP water pursuant to the Project Water Lease referred to in subsection (d) shall be nonreimbursable, and such costs shall be excluded from CAWCD's repayment obligation. (f) Notwithstanding any other provision statutory of or common law, the Community may, with the approval of the Secretary, lease water provided to the Community under section 406 of this Act for its fair market value for a term not to exceed 100 years as provided in the Agreement but in no event for use outside Pima, Pinal or Maricopa Counties, State of Arizona. If some or all of the water provided to the Community under section 406 of this Act is CAP water, the provisions of subsections of (a), (b), (c), (d), and (e) of this section 407 shall apply to any lease of such water. (g) Except as authorized by this section, no water made available to the Community or its members pursuant to the Agreement may be sold, leased, transferred, or in any way used off the Commu- nity's reservation. (h) If water is acquired from the Salt and Verde watershed pursuant to section (406Xa)(3), no such water may be sold, leased, transferred, or in any way be used off of the Community's reserva- tion. SEC. 408. FORT McDOWELL INDIAN COMMUNITY DEVELOPMENT FUND; LOAN. (a) As soon as practicable, the Community shall establish the Fort McDowell Indian Community Development Fund into which shall be deposited— (1) by the Secretary, the funds appropriated pursuant to subsection (b) of this section; £uid
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4489 (2) by the State of Arizona, $2,000,000 required by paragraph 21.4 of the Agreement. Ob) There is hereby authorized to be appropriated, together with Appropriation interest accruing from one year after the date of enactment of this authorization. Act at a rate determined by the Secretary of the Treasury taking into account the average market yield on outstanding Federal obligations of comparable maturity, $23,000,000 which the Secretary shall deposit into the Community Development Fund for the Community to use in the design and construction of facilities to put to beneficial use the Community's water entitlement and for other economic and community development on the Fort McDowell Indian Reservation. (c) As of the date the authorizations contained in section 40903) of this Act become effective, the Community, in its discretion, may use the Development Fund, principal and income, to fulfill the purposes of the Agreement and this title: Provided, That no amount of the Federal or State appropriations deposited into the Development Fund may be used to make per capita payments to members of the Community. (d) As of the date the authorizations contained in section 4090?) of this Act become effective— (1) the Secretary shall have no further duties or responsibil- ities with respect to the administration of, or expenditures from, the Development Fund, and (2) the United States shall not be liable for any claim or cause of action arising from the Community's use and expenditure of moneys from the Development Fund. (e) The Secretary is authorized and directed to provide to the Community a loan pursuant to the Small Reclamation Projects Act (Ch. 972, 70 Stat. 1044, 43 U.S.C. 422a, as amended), in the amount of $13,000,000, to be repaid over a term of fifty years without interest, for the purpose of constructing facilities for the conveyance and delivery of water on the Fort McDowell Indian Reservation: Pro- vided, That any requirements for qualifying for the loan are hereby waived, including, but not limited to, the provisions of section 3, 40D)(2), 5(a) and 5(c) of the Small Reclamation Projects Act. (1) The Community shall establish an account into which the Community shall deposit $1,000,000. The principal and all ac- crued income shall be retained in such fund until such time as the Community's obligation to repay the loan under subsection (e) is fulfilled. (2) No appropriations for the construction of the CAP made after the date of enactment of this Act shall be used to plan, design, construct, or operate any facilities on the Fort McDowell Indian Reservation. SEC. 409. SATISFACTION OF CLAIMS. (a) The benefits realized by the Community's members under this Act shall constitute full and complete satisfaction of all members' claims for water rights or injuries to water rights under Federal and State laws (including claims for water rights in ground water, surface water, and effluent) from time immemorial to the effective date of this Act, and for any and all future claims of water rights (including claims for water rights in ground water, surface water, and effluent) from and after the effective date of this Act. (b) The Community and the Secretary on behalf of the United States are authorized, as part of the performance of the obligations
104 STAT. 4490 PUBLIC LAW 101-628—NOV. 28, 1990 under the Agreement, to execute a waiver and release of all present and future claims of water rights or injuries to water rights (includ- ing water rights in ground water, surface water, and effluent), from time immemorial to the effective date of this Act, and any and all future claims of water rights (including water rights in ground water, surface water, and effluent), from and after the effective date of this Act, which the Community and its members may have, against the United States, the State of Arizona or any agency or political subdivision thereof, or any other person, corporation, or municipal corporation, arising under the laws of the United States or the State of Arizona. (c) Except as provided in paragraphs 19.2 and 19.5 of the Agree- ment, the United States shall not assert any claim against the State of Arizona or any political subdivision thereof, or any other person, corporation, or municipal corporation, arising under the laws of the United States or the State of Arizona in its own right or on behalf of the Community based upon— (1) water rights or injuries to water rights of the Community and its members; or (2) water rights or injuries to water rights held by the United States on behalf of the Community and its members. (d) In the event the authorizations contained in subsection (b) of this section do not become effective pursuant to section 412(a), the Community shall retain the right to assert past and future water rights claims as tc all reservation lands. SEC. 410. ENVIRONMENTAL COMPLIANCE. (a) Execution of the settlement Agreement by the Secretary as provided for in section 411(d) shall not constitute major Federal action under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq.). The Secretary is directed to carry out all necessary environmental compliance, except as specifically directed otherwise herein, during the implementation phase of this settlement. Appropriation (b) There is hereby authorized to be appropriated such sums as authorization. jjj^y |jg necessary to carry out all necessary environmental compli- ance associated with this settlement, including mitigation measures adopted by the Secretary. (c) With respect to this settlement, the Bureau of Reclamation shall be designated as the lead agency in regard to environmental compliance, and shall coordinate and cooperate with the other affected Federal agencies as required under applicable environ- mental laws. (d) Except as specifically set forth herein, the Secretary shall comply with all aspects of NEPA and the Endangered Species Act (ESA) (16 U.S.C. 1531 et seq.), and other applicable environmental acts and regulations in proceeding through the implementation phase of this settlement: Provided, however, That in regard to NEPA compliance, the Secretary is precluded from studying or considering alternatives to the Community's on-reservation agriculture develop- ment plans which will be facilitated by the settlement, or performed under the Small Reclamation Projects loan made pursuant to sec- tion 408(e). SEC. 411. MISCELLANEOUS PROVISIONS. (a) In the event any party to the Agreement should file a lawsuit in Federal District Court relating only and directly to the
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4491 interpretation or enforcement of this title or the Agreement, naming the United States of America or the Community as parties, authorization is hereby granted to join the United States of America and/or the Community in any such Htigation, and any claim by the United States of America or the Community to sovereign immunity from such suit is hereby waived. (b) The United States of America shall make no claims for re- imbursement of costs arising out of the implementation of this title or the Agreement against any lands within the Fort McDowell Indian Reservation, and no assessment shall be made with regard to such costs against such lands. (c) Water received by entities other than the Community pursuant to the Agreement shall not affect any future allocation or reallocation of the CAP supply. (d) To the extent the Agreement does not conflict with the provi- sions of this title, such Agreement is hereby approved, ratified, and confirmed. The Secretary is authorized and directed to execute and perform such Agreement. The Secretary is further authorized to execute any amendments to the Agreement and perform any action required by any amendments to the Agreement which may be mutually agreed upon by the parties. (e) As of the date the authorizations contained in section 409(b) of 43 u s e 1522 this Act become effective, section 302(a) of the Colorado River Basin note. Project Act (43 U.S.C. 1522(a)) shall no longer apply to the Community. (f) An easement for the construction, operation and maintenance of the Community's water diversion system on and within the lands identified in the Community's special permit extension application dated July 12, 1990, filed with the United States Forest Service, Department of Agriculture, is hereby granted in perpetuity. (g) As of the date the authorizations contained in section 409(b) of Effective date. this Act and in section 10(b) of the Salt River Pima-Maricopa Indian Community Water Rights Settlement Act (102 Stat. 2549) become effective, subsection 404(a) of this Act shall become effective as to the Salt River Pima-Maricopa Indian Community and the United States. (h) Section 7(a) of the Salt River Pima-Maricopa Indian Commu- nity Water Rights Act (102 Stat. 2549) is hereby amended by striking 102 Stat. 2553. the date "1990" and inserting in lieu thereof "1991." SEC. 412. EFFECTIVE DATE. (a) The authorizations contained in section 409(b) of this Act shall Federal become effective as of the date the Secretary causes to be published Register, publication. in the Federal Register a statement of findings that: (1) the Secretary has signed a contract with the SRP for the storage and reregulation of the Community's Kent Decree water pursuant to section 404; (2) the RWCD subcontract for agricultural water service from CAP has been revised and executed as provided in section 405(b); (3) the Secretary has acquired water pursuant to section 406 and made it available for delivery for the benefit of the Community; (4) the funds authorized by section 408(b) have been appro- priated and deposited into the Community IDevelopment Fund; (5) the loan authorized by section 408(e) has been provided to the Community;
104 STAT. 4492 PUBLIC LAW 101-628—NOV. 28, 1990 (6) the State of Arizona has appropriated and deposited into the Community Development Fund the $2,000,000 required by paragraph 21.4 of the Agreement; (7) the stipulation which is attached to the Agreement as exhibit "19.5 ' has been approved; and (8) the Agreement has been modified to the extent it is in conflict with this title and has been executed by the Secretary. (b) If the actions described in paragraphs (1), (2), (3), (4), (5), (6), (7), and (8) of subsection (a) of this section have not occurred by Decem- ber 31, 1993, sections 4, 5(a), and 503), if they have not theretofore become effective pursuant to the provisions of the Act of October 20, 1988 (Public Law 100-512), and sections 407, 408(a), 408(b), 408(e), 409(b), 409(c), 411(a), 411(b), 411(c), 411(d), 411(e) and 411(f) of this Act and any contracts entered into pursuant to those provisions shall not thereafter be effective, and any funds appropriated pursuant to section 408(b) of this Act shall revert to the Treasury, and any funds appropriated pursuant to paragraph 21.4 of the Agreement shall revert to the State of Arizona. SEC. 413. OTHER CLAIMS. Nothing in the Agreement or this title shall be construed in any way to quantify or otherwise adversely affect the land and water rights, claims or entitlements to water of any Arizona Indian tribe, band or community, other than the Community. Natural TITLE V—NATIONAL PARK SYSTEM UNITS IN TEXAS resources. SEC. 501. EXPANSION OF SAN ANTONIO MISSIONS NATIONAL HISTORICAL PARK. (a) EXPANSION.—Section 201(a) of the Act entitled "An Act to amend the Pennsylvania Avenue Development Corporation Act of 1972; to provide for the establishment of the San Antonio Missions National Historical Park; and other purposes" (16 U.S.C. 410ee(a)) is amended by inserting after the first sentence the following: "The park shall also consist of the lands and interests therein within the area bounded by the line depicted as 'Proposed Boundary Extension' on the maps entitled 'San Antonio Missions National Historical Park', numbered 472-80,075, 472-80,076, 472-80,077, 472-80,078, 472-80,079, 472-80,080, and 472-80,081 and dated June 7, 1990, which shall be on file and available for public inspection in the same manner as is such drawing.". (b) DEVELOPMENT OF ESSENTIAL PUBLIC FACILITIES.—Section 201(f)(2) of such Act is amended by striking "not more than $500,000." and inserting "not more than $15,000,000.". 16 u s e 460eee. SEC. 502. LAKE MEREDITH NATIONAL RECREATION AREA (a) ESTABLISHMENT.—In order to provide for public outdoor recre- ation use and enjoyment of the lands and waters associated with Lake Meredith in the State of Texas, and to protect the scenic, scientific, cultural, and other values contributing to the public enjoyment of such lands and waters, there is hereby established the Lake Meredith National Recreation Area (hereafter in this Act referred to as the "recreation area"). Ob) AREA INCLUDED.—The recreation area shall consist of the lands, waters, and interests therein within the area generally de- picted on the map entitled "Lake Meredith National Recreation Area Boundary Map, 'Fee-Take Line'", numbered SWRO—80,023-A,
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4493 and dated September 1990. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the "Secretary") may from time to time make minor revisions in the boundary of the recreation area. (c) TRANSFER.—(1) Except as provided in paragraph (2), the Fed- eral lands, waters, and interests therein within the recreation area are hereby transferred to the National Park Service. (2) Those lands depicted on the map referred to in subsection (b) that are necessary for the continued operation, maintenance, and replacement of the Canadian River Project facilities and its pur- poses of providing for municipal and industrial water supply and flood control shall remain under the jurisdiction of the Bureau of Reclamation. SEC. 503. ADMINISTRATION. 16 use 460eee-l. (a) IN GENERAL.—The Secretary shall administer the recreation area in accordance with this Act 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, 2-4), and the Act of August 7, 1946 (60 Stat. 885). In the administration of such recreation area, the Secretary may utilize such statutory authority as may be available to him for the protection of natural and cultural resources as he deems necessary to carry out the purposes of this Act. (b) OPERATION OF CANADIAN RIVER PROJECT.—Nothing in this Act shall be construed to affect or interfere with the authority of the Secretary under the Act of December 29, 1950 (Public Law 81-898; 43 U.S.C. 600b et seq.), to operate Sanford Dam and Lake Meredith in accordance with and for the purposes set forth in that Act. (c) LAND ACQUISITION.—Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without reimbursement from any Federal agency. (d) CULTURAL RESOURCES.—The Secretary shall conduct a survey of the cultural resources in the immediate vicinity of the recreation area. The Secretary is authorized to enter into cooperative agree- ments with public or private entities, including landowners, for the purpose of conducting the survey required by this subsection. Not Reports. later than three years after the date on which funds have been made available, the Secretary shall submit a report to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate on the results of the survey required by this subsection. (e) HUNTING AND FISHING.—(1) The Secretary shall permit hunting and fishing on lands and waters under the Secretary's jurisdiction within the recreation area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, hunting or fishing will not be permitted for reasons of public safety, administration, fish and wildlife manage- ment, or public use and enjoyment. (2) Except in emergencies any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities.
104 STAT. 4494 PUBLIC LAW 101-628—NOV. 28, 1990 (f) COOPERATIVE AGREEMENTS.—For purposes of administering the recreation area, the Secretary may enter into cooperative agree- ments with any Federal agency, the State of Texas, or any poUtical subdivision thereof, including the Canadian River Municipal Water Authority, for the rendering, on a reimbursable basis, of rescue, firefighting, law enforcement, fire preventive assistance, and other needs. The Secretary may enter into a cooperative agreement with the city of Fritch, Texas, to develop and operate a joint venture information center. Federal funds may be expended on non-Federal lands and improvements through cooperative agreements for the purpose of this section on a 50-50 matching basis. 16 use SEC. 504. AUTHORIZATION OF APPROPRIATIONS. 460eee-2. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 502 and 503 of this Act. Mexico. SEC. 505. ESTABLISHMENT OF AMISTAD NATIONAL RECREATION AREA. 16 u s e 460fff. (a) In order to— (1) provide for public outdoor recreation use and enjoyment of the lands and waters associated with the United States portion of the reservoir known as Lake Amistad, located on the bound- ary between the State of Texas and Mexico, and (2) protect the scenic, scientific, cultural, and other value contributing to the public enjoyment of such lands and waters, there is hereby established the Amistad National Recreation Area (hereafter in this section and section 506 referred to as the "recre- ation area"). OJ) The recreation area shall consist of the Federal lands, waters, and interests therein within the area generally depicted on the map entitled "Boundary Map, Proposed Amistad National Recreation Area", numbered 621/20,013-B, and dated July 1969. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior (hereafter in this Act referred to as the "Secretary") may from time to time make minor revisions in the boundary of the recreation area, but the total acreage of the recreation area may not exceed 58,500 acres. Within the boundary of the recreation area, the Secretary may acquire lands and interests in lands by purchase with donated or appropriated funds, exchange, or transfer without re- imbursement from any Federal agency. 16 u s e 460fff-l. SEC. 506. ADMINISTRATION. (a) The Secretary shall administer the recreation area in accord- ance with applicable provisions of this Act 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, 2-4), and the Act of August 7, 1946 (60 Stat. 885). In the administration of such recreation area, the Secretary may utilize such statutory authority as may be available to him for the protec- tion of natural and cultural resources as he deems necessary to carry out the purposes of this Act. Nothing in this Act shall be construed to amend or alter the responsibilities of the International Boundary and Water Commission, United States and Mexico, under any applicable treaty.
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4495 (b) The administration of the recreation area by the Secretary shall be subject to and in accordance with all applicable treaties, including the treaty between the United States and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and the Rio Grande, entered into force November 8, 1945 (59 Stat. 1219, and in accordance with the Act of July 7, 1960 (Public Law 86-605; 74 Stat. 360), and any commitment or agreement entered into pursuant to such treaty or Act, including (but not limited to) commitments or agreements relating to— (1) the demarcation and maintenance of boundaries; (2) the use, storage, and furnishing of water; (3) control of floods; (4) investigations relative to the operation of the Amistad Dam; and (5) the production of hydroelectric energy. (c) The Secretary shall conduct a survey of the cultural resources in the immediate vicinity of the recreation area. The Secretary is authorized to enter into cooperative agreements with public or private entities, including landowners, for the purpose of conducting the survey required by this subsection. Not later than two years Reports. after the date of enactment of this Act, the Secretary shall submit a report to the Committee on Interior and Insular Affairs- of the House of Representatives and the Committee on Energy and Natu- ral Resources of the Senate on the results of the survey required by this subsection. (d)(1) The Secretary shall permit hunting and fishing on lands and waters under the Secretary's jurisdiction within the recreation area in accordance with applicable Federal and State law. The Secretary may designate zones where, and establish periods when, hunting or fishing will not be permitted for reasons of public safety, administra- tion, fish and wildlife management, or public use and enjoyment. (2) Except in emergencies any regulations issued by the Secretary under this subsection shall be put into effect only after consultation with the appropriate State agencies responsible for hunting and fishing activities. (e) For purposes of administering the recreation area, the Sec- retary may enter into cooperative agreements with any Federal agency, the State of Texas, or any political subdivision thereof, for the rendering, on a reimbursable basis, of rescue, firefighting, and law enforcement and fire preventive assistance. SEC. 507. AUTHORIZATION OF APPROPRIATIONS. 16 u s e 460fff-2. There are authorized to be appropriated such sums as may be necessary to carry out the purposes of sections 505 and 506 of this Act. TITLE VI—UNDERGROUND RAILROAD STUDY Historic preservation. SEC. 601. PURPOSE. 16 u s e la-5 note. The purpose of this title is to study the Underground Railroad, its routes and operations in order to preserve and interpret this aspect of American history. SEC. 602. (a) The Secretary of the Interior, acting through the Director of the National Park Service, shall conduct a study of alternatives for commemorating and interpreting the Underground Railroad, the approximate routes taken by slaves escaping to free-
104 STAT. 4496 PUBLIC LAW 101-628—NOV. 28, 1990 dom before the conclusion of the Civil War. The study shall include— (1) the consideration of the establishment of a new unit of the national park system; (2) the consideration of the establishment of various appro- priate designations for those routes and sites utilized by the Underground Railroad, and alternative means to link those sites, including in Canada and Mexico; (3) recommendations for cooperative arrangements with State and local governments, local historical organizations, and other entities; and (4) cost estimates for the alternatives, (b) The study shall be— (1) conducted with public involvement and in consultation with the advisory committee established by section 4, State and local officials, scholarly and other interested organizations and individuals, (2) completed no later than two years after the date on which funds are made available for the study, and (3) submitted to the Committee on Interior and Insular Af- fairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate. Government SEC. 603. Within three years after the date of enactment of this publications. Act, the Secretary of the Interior, acting through the Director of the National Park Service, shall prepare and publish an interpretive handbook on the Underground Railroad in the larger context of American antebellum society, including the history of slavery and abolitionism. SEC. 604. (a) The Secretary, upon funds being made available to carry out this title, shall establish the Underground Railroad Ad- visory Committee (hereafter in this subsection referred to as the "Advisory Committee"). The Advisory Committee shall be composed of nine members, appointed by the Secretary of the Interior, of whom— (1) three shall have expertise in African-American History; (2) two shall have expertise in historic preservation; (3) one shall have expertise in American History; and (4) three shall be from the general public. The Advisory Committee shall designate one of its members as Chairperson. (b) The Secretary, or the Secretary's designee, shall from time to time, but at least on three occasions, meet and consult with the Advisory Committee on matters relating to the study conducted under section 2. (c) Members of the Advisory Committee shall serve without com- pensation as such, but the Secretary may pay expenses reasonably incurred in carrying out their responsibilities under this Act on vouchers signed by the Chairperson, Appropriation SEC. 605. There are authorized to be appropriated such sums as authorization. may be necessary to carry out this title.
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4497 TITLE VII—SUDBURY, ASSABET, AND CONCORD RIVERS Sudbury, Assabet, and STUDY Concord Wild and Scenic River SEC. 701. SHORT TITLE. Study Act. Massachusetts. This title may be cited as the "Sudbury, Assabet, and Concord 16 u s e 1271 Wild and Scenic River Study Act". note. SEC. 702. FINDINGS. The Congress finds that— (1) The Sudbury, Assabet, and Concord Rivers in the Common- wealth of Massachusetts possess resource values of national significance, including outstanding wildlife and ecological values, historic sites, and a cultural past important to America's literary heritage. (2) Portions of this study segment have been listed on the Nationwide Rivers Inventory by the National Park Service. (3) There is strong support among State and local officials and area residents and river users for a cooperative wild and scenic river study of the area. (4) In view of the longstanding Federal practice of assisting States and local governments in protecting, conserving, and enhancing rivers of national significance, the United States has an interest in assisting the Commonwealth of Massachusetts and the appropriate local governments in studying and develop- ing a resource conservation and management plan for the river, consistent with the Wild and Scenic Rivers Act. SEC. 703. WILD AND SCENIC RIVER STUDY. (a) LISTING FOR STUDY.—Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding the following new paragraph at the end thereof: "( ) SUDBURY, ASSABET, AND CONCORD, MASSACHUSSETS.—The seg- ment of the Sudbury from the Danforth Street Bridge in the town of Framingham, to its confluence with the Assabet, the Assabet from 1,000 feet downstream of the Damon Mill Dam in Concord to its confluence with the Sudbury and the Concord from the confluence of the Sudbury and Assabet downstream to the Route 3 Bridge in the town of Billerica. The study of such river segments shall be Reports. completed and the report submitted thereon not later than at the end of the third fiscal year beginning after the date of enactment of this paragraph.". SEC. 704. ADVISORY COMMITTEE. (a) APPOINTMENT.—At the earliest practicable date following the enactment of this Act, but not later than forty-five days after enactment, the Secretary of the Interior (hereinafter referred to as the "Secretary") shall establish the Sudbury, Assabet, and Concord Rivers Study Committee (hereinafter referred to as the "Commit- tee"). The Secretary shall consult with the Committee on a regular basis during the conduct of the study required by section 3 of this Act (hereafter "the study") and the preparation and submission, pursuant to section 4 of the Wild and Scenic Rivers Act, of a report with respect to the river segments covered by the study. (b) MEMBERSHIP AND PROCEDURES.— (1) Membership on the Committee shall consist of 13 members appointed by the Secretary as follows:
104 STAT. 4498 PUBLIC LAW 101-628—NOV. 28, 1990 (A) One member shall be appointed by the Secretary from the Fish and Wildlife Service. (B) Two members shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Governor of the Commonwealth of Massachusetts. (C) One member shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Sud- bury Valley Trustees. (D) One member shall be appointed by the Secretary from a list of candidates supplied to the Secretary by the Organization for the Assabet River. (E) One member each shall be appointed by the Secretary from lists of candidates supplied to the Secretary by the Board of Selectmen or equivalent local governing body of each of the eight towns located within the area covered by the study. (2) The members of the Committee shall elect a chairman, vice chairman, and recording secretary from the membership at the first official meeting of the Committee. Official minutes shall be kept of each regular and special meeting of the Committee and shall be open for public inspection. (3) Any vacancy on the Committee shall be filled in the same manner in which the original appointment was made. Any member appointed to fill a vacancy occurring before the expira- tion of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Vacancies in the membership of the Committee shall not affect its power to function if there remain sufficient members to constitute a quorum under paragraph (4) of this subsection. (4) A majority of the members of the Committee shall con- stitute a quorum for all meetings. (5) The Committee shall advise the Secretary in conducting the study and concerning management alternatives should some or all of the river segments studied be included in the National Wild and Scenic Rivers System. (6) Members of the Committee shall serve without compensa- tion but may be reimbursed by the Secretary for reasonable and necessary expenses incurred by them in the performance of their duties as members of the Committee. (7) The Committee may accept and utilize the services of voluntary, uncompensated personnel. (8) The Committee shall terminate upon the submission to the President, pursuant to section 4 of the Wild and Scenic Rivers Act, of the report with respect to the river segments covered by the study. Appropriation SEC. 705. AUTHORIZATION. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this title. TITLE VIII—PRIVATE RELIEF PROVISIONS Leroy W. SEC. 801. (a) Notwithstanding any other provision of law, includ- Shebal. ing but not limited to section 8 of the Wild and Scenic Rivers Act (16 U.S.C. 1279) or any provision of the public land laws of the United States, the Secretary of the Interior (hereinafter in this title re- ferred to as the "Secretary") shall survey and convey all right, title.
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4499 and interest of the United States to the property described in subsection (b) to Leroy W. Shebal in exchange for the sum of $650 in 1965 dollars adjusted for inflation to 1990 dollars, or $3,000 dollars, whichever is less, and subject to the following conditions: (1) any deed of conveyance shall provide that existing improvements on such property shall not be substantially ex- panded and the use of such property shall be limited to prior or current levels; and (2) the United States shall reserve a right of first refusal to reacquire such property at fair market value (as set forth in the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (Public Law 91-646, 84 Stat. 1905)) upon a decision by Leroy W. Shebal to convey such property or upon his death: Provided, That such right shall be extinguished if not exercised by the Secretary by payment in full within one year from (i) the date on which Leroy W. Shebal notifies the Secretary in writing of his decision to convey the property, or (ii) the death of Leroy W. Shebal, whichever occurs first. (b) The property referred to in subsection (a) is the approximately five acres of land located at Township 8 North, Range 1 West, Section 36, west half of the southwest quarter, Fairbanks Meridian, and described in Small Tract Application No. F-021611, which is currently under permit to Leroy W. Shebal. SEC. 802. Section IIIOOJ) of the Alaska National Interest Lands Conservation Act (Public Law 96-487, 94 Stat. 2371) shall not apply to the property described in section 5010t)). SEC. 803. The provisions of this title shall be effective only if Leroy W. Shebal notifies the Secretary in writing within one year from the date of enactment of this Act of his intention to purchase from the United States the property described in section 801(b). SEC. 804. Notwithstanding any other provision of law, the Sec- Mr. and Mrs. Kenneth retary of the Interior shall convey to Mr. and Mrs. Kenneth Blevins Blevins. of Kuna, Idaho, by quitclaim deed or other appropriate instrument and without consideration, all right, title, and interest of the United States, excluding oil, gas, and other mineral deposits, in and to a parcel of public land described as the East half. Southeast Quarter (Ey2SEy4) of Section 33, Township 2 North, Range 1 East, of the Boise Meridian in Ada County, Idaho. TITLE IX—CAMP W.G. WILLIAMS LAND EXCHANGE Camp W.G. Williams Land Exchange Act of SEC. 901. SHORT TITLE AND DEFINITIONS. 1989. (a) SHORT TITLE.—This title may be cited as the "Camp W.G. Utah. Williams Land Exchange Act of 1989". Ot>) DEFINITIONS.—As used in this title— (1) The term "Secretary" means the Secretary of the Interior. (2) The term "camp boundaries" means the exterior bound- aries of Camp W.G. Williams after enactment of this Act, in Utah and Salt Lake Counties, Utah, as generally depicted on the map referenced in section 902(a) of this Act. SEC. 902. EXCHANGE. (a) OFFERS.—Notwithstanding any other provision of law, as soon as possible but not later than six months after the date of enactment of this Act, the Secretary shall offer to exchange lands identified as "FEDERAL LANDS OFFERED FOR EXCHANGE" on a map entitled "PRO- POSED EXCHANGE FOR CAMP W.G. WILLIAMS, UTAH", dated AugUSt 25,
104 STAT. 4500 PUBLIC LAW 101-628—NOV. 28, 1990 1989 (hereinafter referred to as the "map"), to the owners of tracts of private lands identified as "PRIVATE LANDS TO BE ADDED TO CAMP W.G. WILUAMS BY EXCHANGE AND WITHDRAWAL" On SUCh m a p . If t h e owners of any or all of such tracts of private lands accept the offer within two years after the date of enactment of this Act, then the Secretary as soon as practicable shall convey to such owner or owners or their designee title to so much of the identified land as is approximately equal in value to such tracts of private land as are simultaneously conveyed to the United States. (b) Any lands, identified on the map as "FEDERAL LANDS OFFERED FOR EXCHANGE", not exchanged shall be returned to the public domain. SEC. 903. BUREAU OF LAND MANAGEMENT LANDS. Lands identified on the map as "PUBLIC LANDS AT CAMP W.G. WILLIAMS TO BE WITHDRAWN" shall be transferred to the Department of the Army. SEC. 904. ARMY LANDS. Subject to the provisions of section 907, lands identified on the map as "WITHDRAWN LANDS TO BE RETURNED TO PUBLIC DOMAIN" shall be transferred to the Department of the Interior, returned to the public domain and managed accordingly. SEC. 905. ACQUISITIONS. The Secretary, in accordance with applicable law, is authorized to acquire, solely by donation or exchange from a willing seller, lands that are identified as 2a and 2b on the map, and is directed to transfer such lands to the Department of the Army for the explicit purpose of addition to Camp W.G. Williams. The Secretary of the Army shall modify the camp boundaries so as to encompass lands acquired pursuant to this subsection. SEC. 906. DEPARTMENT OF THE ARMY LANDS. (a) All lands transferred, exchanged, or acquired by this Act within the camp boundaries shall immediately become a part of Camp W.G. Williams and shall be administered and managed by the Department of the Army in accordance with the same laws, regula- tions, and executive orders applicable to the lands under the juris- diction of the Department of the Army adjoining such acquired tracts. (b) Subject to valid existing rights, no lands owned by the United States within the camp boundaries shall be available for any form of settlement, sale, location, or entry under the general land laws, including the mining laws, but not the mineral or geothermal leasing laws, and such lands shall be administered and managed by the Department of the Army. Effective date. (c) The provisions of this section shall be effective for a period of twenty years after the date of enactment of this Act, unless at the end of such twenty-year period, the Secretary of the Army deter- mines that such lands are still required for purposes of national security, in which case the provisions of this section shall be effec- tive for a period of forty years after the date of enactment of this Act. SEC. 907. REVOCATION OF EXECUTIVE ORDER, ETC. (a) REVOCATION.—(1) Executive Order 1922 of April 24, 1914, shall be revoked, only insofar as it affects lands outside of the camp
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4501 boundaries and only upon acceptance by the Secretary of an appro- priate certification by the Secretary of the Army that such lands do not contain any hazardous materials or substances, as defined by applicable Federal law. Upon such revocation, affected lands shall be returned to the public domain and managed accordingly. (2) The Secretary of the Army shall perform all inspections and Reports, other actions necessary to make the certification required in para- graph (1), and shall report his findings to the Secretary, within one year after the date of enactment of this Act. Thereafter the Sec- retary of the Army shall hold harmless the Secretary for any liability associated with any hazardous materials or substances as defined by applicable Federal law that were placed upon or reason- ably appear to have been placed upon the land prior to the return of the subject lands to the public domain. (b) LiABiUTY.—Upon the acquisition by the United States of any lands or interest in land pursuant to this title, any liability accruing to the United States as a result of such acquisition shall be deemed to vest in the United States Department of the Army. In no event shall liability vest in the Department of the Interior. SEC. 908. MAPS AND LEGAL DESCRIPTIONS. As soon as practicable after the date of enactment of this Act, the Federal Secretary shall publish in the Federal Register a legal description of Register, publication. the lands proposed to be exchanged by this title and shall file such maps and the legal descriptions with the Committee on Energy and Natural Resources of the United States Senate and with the Committee on Interior and Insular Affairs of the United States House of Representatives. TITLE X—TECHNICAL AMENDMENT TO TITLE V OF THE ARIZONA-IDAHO CONSERVATION ACT OF 1988 SEC. 1001. Title V of the Arizona-Idaho Conservation Act of 1988 (Public Law 100-696; 102 Stat. 4571) is amended as follows— (a) Section 501 is amended by inserting after the parenthet- 102 Stat. 4593. ical phrase and before the words "which the Secretary deems necessary" the words "or other appropriate lands as selected by the State of Arizona under section 28 of the Act of June 20,1910 (30 Stat. 557, as amended by the Act of June 5, 1935, 49 Stat. 1477)". 5 (b) Section 5020?) is amended by adding the following new 102 Stat. 4593. sentence at the end thereof: "With the consent of the State of Arizona and to the extent that the lands referred to in subsec- tion (a) of this section are acquired by eminent domain, the Secretary may use as compensation the lands described in sections 501, and 507 (a)(1) and (a)(2) of this Act, and such other lands as the Secretary determines necessary to constitute the fair market value of the State of Arizona lands acquired by eminent domain.". (c) Section 507(b) is redesignated as section 507(c), and the 102 Stat. 4593. following new subsection (b) is added as follows: "(b) CONVEYANCE TO THE STATE OF ARIZONA.—The Federal lands described in section 506(a) of this Act may be conveyed to the State of Arizona by the Secretary to the extent such conveyance is nec- essary to establish fair market value compensation for State lands described in section 502(a) acquired by eminent domain pursuant to section 502(b).".
104 STAT. 4502 PUBLIC LAW 101-628—NOV. 28, 1990 Take Pride in TITLE XI—TAKE PRIDE IN AMERICA PROGRAM America Act. Natural SEC. 1101. SHORT TITLE. resources. Cultural This title may be cited as the "Take Pride in America Act". resources. Decorations, SEC. 1102, ESTABLISHMENT OF TAKE PRIDE IN AMERICA PROGRAM. medals, awards. 16 u s e 4601 (a) I N GENERAL.—There is hereby established the Take Pride in note. America Program within the Department of the Interior (herein- 16 u s e 4601. after referred to as the "TPIA Program"). (b) PURPOSES.—The purposes of the TPIA Program shall include the following: (1) To establish and maintain a public awareness campaign in cooperation with public and private organizations and individuals— (A) to instill in the public the importance of the appro- priate use of, and appreciation for Federal, State, and local lands, facilities, and natural and cultural resources; (B) to encourage an attitude of stewardship and respon- sibility toward these lands, facilities, and resources; and (C) to promote participation by individuals, organizations, and communities of a conservation ethic in caring for these lands, facilities, and resources. (2) To conduct a national awards program to honor those individuals and entities which, in the opinion of the Secretary of the Interior (hereafter in this Act referred to as the "Sec- retary"), have distinguished themselves in the activities de- scribed in paragraph (1) of this subsection. 16 u s e 4602. SEC. 1103. GIFTS AND BEQUESTS. (a) AUTHORITY.—The Secretary may solicit, accept, hold, admin- ister, invest in government securities, and use gifts and bequests of money and other personal property to aid or facilitate the purposes of the TPIA Program. Property so donated and accepted shall not be subject to sequestration. (b) ACCOUNTING.—The Secretary shall maintain a full accounting of such gifts and bequests. (c) TREATMENT OF DONATIONS, ETC.—For purposes of Federal law, property accepted pursuant to this section shall be considered as a gift, bequest, or devise to the United States. (d) USE OF PROPERTY.—Any property and the proceeds thereof shall be used as nearly as practicable in accordance with the terms of the gift or bequest. 16 u s e 4603. SEC. 1104. ADMINISTRATIVE SERVICES. The Secretary of the Interior shall provide such facilities, adminis- trative services, personnel, and support to the TPIA Program as the Secretary determines is necessary and appropriate. 16 u s e 4604. SEC. 1105. VOLUNTEERS. (a) AUTHORITY TO USE VOLUNTEERS.—The Secretary is authorized to recruit, train, and accept the services of individuals or entities, without compensation, as volunteers for or in aid of the purposes of the TPIA Program, without regard to the provisions of title 5, United States Code, that govern appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, that relate to classification and General Schedule pay rates.
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4503 Ot)) INCIDENTAL EXPENSES.—The Secretary is authorized to provide for the incidental expenses of such volunteers, such as transpor- tation, uniforms, lodging, or subsistence. (c) VOLUNTEERS' STATUS AS FEDERAL EMPLOYEES,—(1) Except as otherwise provided in this subsection, a volunteer shall not be deemed a Federal employee and shall not be subject to the provi- sions of law relating to Federal employment, including those provi- sions relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (2) For purposes of chapter 171 of title 28, United States Code (commonly referred to as the "Federal Tort Claims Act"), a volun- teer under this subsection shall be considered an employee of the government (as defined in section 2671 of such title). (3) For purposes of subchapter I of chapter 81 of title 5, United States Code, relating to compensation to Federal employees for work injuries, a volunteer under this subsection shall be considered an employee (as defined in section 8101 of title 5, United States Code). SEC. 1106. AUTHORITY TO EXECUTE CONTRACTS. 16 u s e 4605. The Secretary is authorized to enter into contracts and coopera- tive agreements and generally to do any and all lawful acts nec- essary or appropriate to further the purposes of the TPIA Program. SEC. 1107. DISTRIBUTION OF APPROPRIATE ITEMS. 16 u s e 4606. The Secretary is authorized to distribute pamphlets and other such appropriate items in order to promote the purposes of the TPIA Program. SEC. 1108. SLOGAN AND LOGO. 16 u s e 4607. The "Take Pride in America" slogan and logo, which are reg- istered by the Department of the Interior, and the goodwill associ- ated with such slogan and logo, shall be administered pursuant to the TPIA Program. SEC. 1109. AUTHORIZATION OF APPROPRIATIONS. 16 u s e 4608. (a) DEPARTMENT OF THE INTERIOR.—There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the purposes of this title, not to exceed the amount expended for such purposes for fiscal year 1990. (b) OTHER FEDERAL AGENCIES.—There are authorized to be appro- priated to other Federal departments and agencies such sums as may be necessary to carry out the provisions of any other Take Pride in America programs established by such departments or agencies. TITLE XII—CIVIL WAR AND OTHER STUDIES Civil War Sites Study Act of 1990. SEC. 1201. SHORT TITLE. ' Historic This title may be cited as the "Civil War Sites Study Act of 1990". preservation. 16 u s e la-5 SEC. 1202. DEFINITIONS. note. 16 u s e la-5 For the purposes of this title— note. (1) the term "Commission" means the Civil War Sites Ad- visory Commission established in section 105; (2) the term "Secretary" means the Secretary of the Interior; and
104 STAT. 4504 PUBLIC LAW 101-628—NOV. 28, 1990 (3) the term "Shenandoah Valley Civil War sites" means those sites and structures situated in the Shenandoah Valley in the Commonwealth of Virginia which are thematically tied with the nationally significant events that occurred in the region during the Civil War, including, but not limited to, General Thomas "Stonewall" Jackson's 1862 "Valley Cam- paign" and General Philip Sheridan's 1864 campaign culminat- ing in the battle of Cedar Creek on October 19,1864. 16 u s e la-5 SEC. 1203. FINDINGS. The Congress finds that— (1) many sites and structures associated with the Civil War which represent important means by which the Civil War may continue to be understood and interpreted by the public are located in regions which are undergoing rapid urban and subur- ban development; and (2) it is important to obtain current information on the signifi- cance of such sites, threats to their integrity, and alternatives for their preservation and interpretation for the benefit of the Nation. 16 u s e la-5 SEC. 1204. SHENANDOAH VALLEY CIVIL WAR SITES STUDY. (a) STUDY.—(1) The Secretary is authorized and directed to pre- pare a study of Shenandoah Valley Civil War sites. Such study shall identify the sites, determine the relative significance of such sites, assess short- and long-term threats to their integrity, and provide alternatives for the preservation and interpretation of such sites by Federal, State, and local governments, or other public or private entities, as may be appropriate. Such alternatives may include, but shall not be limited to, designation as units of the National Park System or as affiliated areas. The study shall examine methods and make recommendations to continue current land use practices, such as agriculture, where feasible. (2) The Secretary shall designate at least two nationally recog- nized Civil War historians to participate in the study required by paragraph (1). (3) The study shall include the views and recommendations of the National Park System Advisory Board. (b) TRANSMITTAL TO CONGRESS.—Not later than 1 year after the date that funds are made available for the study referred to in subsection (a), the Secretary shall transmit such study to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natu- ral Resources of the United States Senate. 16 u s e la-5 SEC. 1205. ESTABLISHMENT OF CIVIL WAR SITES ADVISORY COMMISSION. (a) IN GENERAL.—There is hereby established the Civil War Sites Advisory Commission. The Commission shall consist of thirteen members appointed as follows: (1) Twice individuals who are nationally recognized as experts and authorities on the history of the Civil War, and two individ- uals who are nationally recognized as experts and authorities in historic preservation and land use planning, appointed by the Secretary. (2) The Director of the National Park Service or his or her designee.
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4505 (3) The chair of the Advisory Council on Historic Preserva- tion, or his or her designee. (4) Three individuals appointed by the Speaker of the United States House of Representatives in consultation with the Chair- man and Ranking Minority Member of the Committee on In- terior and Insular Affairs. (5) Three individuals appointed by the President Pro Tempore of the United States Senate in consultation with the Chairman and Ranking Minority Member of the Committee on Energy and Natural Resources. (b) CHAIR.—The Commission shall elect a chair from among its members. (c) VACANCIES.—Vacancies occurring on the Commission shall not affect the authority of the remaining members of the Commission to carry out the functions of the Commission. Any vacancy in the Commission shall be promptly filled in the same manner in which the original appointment was made. (d) QUORUM.—A simple majority of Commission members shall constitute a quorum. (e) MEETINGS.—The Commission shall meet at least quarterly or upon the call of the chair or a majority of the members of the Commission. (f) COMPENSATION.—Members of the Commission shall serve with- out compensation. Members of the Commission, when engaged in official Commission business, 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 sec- tion 5703 of title 5, United States Code. (g) TERMINATION.—The Commission established pursuant to this section shall terminate 90 days after the transmittal of the report to Congress as provided in section 8(c). SEC. 1206. STAFF OF THE COMMISSION. 16 USC la-5 (a) EXECUTIVE DIRECTOR.—The Director of the National Park Serv- ice, or his or her designee, shall serve as the Executive Director of the Commission. (h) STAFF.—The Director of the National Park Service shall, on a reimbursable basis, detail such staff as the Commission may require to carry out its duties. (c) STAFF OF OTHER AGENCIES.—Upon the request of the Commis- sion, the head of any Federal agency may detail, on a reimbursable basis, any of the personnel of such agency to the Commission to assist the Commission in carrying out its duties. (d) EXPERTS AND CONSULTANTS.—Subject to such rules as may be adopted by the Commission, the Commission may procure tem- porary and intermittent services to the same extent as authorized by section 310903) of title 5, United States Code, but at rates determined by the Commission to be reasonable. SEC. 1207. POWERS OF THE COMMISSION. 16 USC la-5 (a) IN GENERAL.—The Commission may for the purpose of carry- ing out this title hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission may deem advisable. OJ) BYLAWS.—The Commission may make such bylaws, rules and regulations, consistent with this title, as it considers necessary to carry out its functions under this title.
104 STAT. 4506 PUBLIC LAW 101-628—NOV. 28, 1990 (c) DELEGATION.—When so authorized by the Commission, any member or agent of the Commission may take any action which the Commission is authorized to take by this section. (d) MAILS.—The Commission may use the United States mails in the same manner and upon the same conditions as other depart- ments and agencies of the United States. 16 u s e la-5 SEC. 1208. DUTIES OF THE COMMISSION. (a) PREPARATION OF STUDY.—The Commission shall prepare a study of historically significant sites and structures in the United States associated with the Civil War, other than Shenandoah Valley Civil War sites. Such study shall identify the sites, determine the relative significance of such sites, assess short- and long-term threats to their integrity, and provide alternatives for the preserva- tion and interpretation of such sites by Federal, State and local governments, or other public or private entities, as may be appro- priate. The Commission shall research and propose innovative open space and land preservation techniques. Such alternatives may include but shall not be limited to designation as units of the National Park System or as affiliated areas. The study may include existing units of the National Park System. (b) CONSULTATION.—During the preparation of the study referred to in subsection (a), the Commission shall consult with the Gov- ernors of affected States, affected units of local government. State and local historic preservation organizations, scholarly organiza- tions, and such other interested parties as the Commission deems advisable. (c) TRANSMITTAL TO THE SECRETARY AND CONGRESS.—Not later than 2 years after the date that funds are made available for the study referred to in subsection (a), the Commission shall transmit such study to the Secretary and the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. (d) REPORT.—Whenever the Commission submits a report of the study to the Secretary or the Office of Management and Budget, it shall concurrently transmit copies of that report to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Re- sources of the United States Senate. 16 u s e la-5 SEC. 1209. REVISION OF THEMATIC FRAMEWORK. In coordination with the major scholarly and professional organizations associated with the disciplines of history, archeology, architecture, and closely related fields, the Secretary shall under- take a complete revision of the National Park Service "Thematic Framework" to reflect current scholarship and research on (1) American history and culture, (2) historic and prehistoric archeol- ogy, and (3) architecture. The revision shall be transmitted to the United States House of Representatives Committee on Interior and Insular Affairs and the United States Senate Committee on Energy and Natural Resources not later than 18 months after the date of enactment of this Act. In making such revision, the Secretary shall ensure that the full diversity of American history and prehistory are represented in the revised "Thematic Framework".
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4507 SEC. 1210. AUTHORIZATION OF APPROPRIATIONS. 16 USC la-5 There are hereby authorized to be appropriated such sums not to "° ^' exceed $2,000,000 to carry out the purposes of this title. SEC. 1211. NATIONAL PARK SYSTEM ADVISORY BOARD. 16 USC 463. Section 3 of the Act of August 21, 1935, entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other pur- poses" (16 U.S.C. 461-467; 49 Stat. 666 et seq.) is amended— (1) in the first sentence of subsection (a)— (A) by striking "twelve" and inserting "sixteen"; (B) by striking "United States," and inserting "United States who have a demonstrated commitment to the Na- tional Park System,"; and (C) by striking "and natural science," and inserting "anthropology, biology, geology, and related disciplines,"; (2) by adding at the end of subsection (a) the following: "Such board shall also provide recommendations on the designation of national historic landmarks and national natural landmarks. Such board is strongly encouraged to consult with the major scholarly and professional organizations in the appropriate dis- ciplines in making such recommendations."; (3) in the first sentence of subsection (b), by striking "1990" and inserting "1995"; and (4) in the second sentence of subsection Qo), by striking "In" and inserting "The provisions of section 14(b) of the Federal Advisory Committee Act (the Act of October 6, 1972; 86 Stat. 776) are hereby waived with respect to the Board, but in". SEC. 1212. NATIONAL PARK SYSTEM ADVISORY COUNCIL. Section 3 of the Act of August 21, 1935, entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other pur- poses" (16 U.S.C. 461-467; 49 Stat. 666 et seq.) is amended by adding at the end the following: "(c) There is hereby established the National Park Service Ad- visory Council (hereafter in this section referred to as the "advisory council") which shall provide advice and counsel to the National Park System Advisory Board. Membership on the advisory council shall be limited to those individuals whose term on the advisory board has expired. Such individuals may serve as long as they remain active except that not more than 12 members may serve on the advisory council at any one time. Members of the advisory council shall not have a vote on the National Park System Advisory Board. Members of the advisory council shall receive no salary but may be paid expenses incidental to travel when engaged in discharg- ing their duties as members. Initially, the Secretary shall choose 12 former members of the Advisory Board to constitute the advisory council. In so doing, the Secretary shall consider their professional expertise and demonstrated commitment to the National Park System and to the Advisory Board.". SEC. 1213. The Secretary of the Interior (hereafter in this title 5^®P°^., „ referred to as the "Secretary") is authorized and directed to conduct ^" ^°^ ^^ ^• a systematic and comprehensive review of certain aspects of the National Park System and to submit on a periodic basis but not later than every 3 years a report to the Committee on Interior and Insular Affairs and the Committee on Appropriations of the United
104 STAT. 4508 PUBLIC LAW 101-628—NOV. 28, 1990 States House of Representatives and the Committee on Energy and Natural Resources and the Committee on Appropriations of the United States Senate on the findings of such review, together with such recommendations as the Secretary determines necessary. The first report shall be submitted no later than 3 years after the date of enactment of this Act. 16 use la-lO. SEC. 1214. In conducting and preparing the report referred to in section 1, the Secretary shall consult with appropriate officials of affected Federal, State and local agencies, together with national, regional, and local organizations, including but not limited to hold- ing such public hearings as the Secretary determines to be appro- priate to provide a full opportunity for public comment. 16 use la-11. SEC. 1215. The report shall contain— (a) A comprehensive listing of all authorized but unacquired lands within the exterior boundaries of each unit of the Na- tional Park System as of the date of enactment. (b) A priority listing of all such unacquired parcels by individ- ual park unit and for the National Park System as a whole. The list shall describe the acreage and ownership of each parcel, the estimated cost of acquisition for each parcel (subject to any statutory acquisition limitations for such lands), and the basis for such estimate. (c) An analysis and evaluation of the current and future needs of each unit of the National Park System for resource manage- ment, interpretation, construction, operation and maintenance, personnel, housing, together with an estimate of the costs thereof. 16 use la-12. SEC. 1216. Within one year after the date of enactment, the Secretary shall develop criteria to evaluate any proposed changes to the existing boundaries of individual park units including— (a) analysis of whether or not the existing boundary provides for the adequate protection and preservation of the natural, historic, cultural, scenic and recreational resources integral to the unit; (b) an evaluation of each parcel proposed for addition or deletion to the unit based on the analysis under paragraph (1); (c) an assessment of the impact of potential boundary adjust- ments taking into consideration the factors in paragraph (c) as well as the effect of the adjustments on the local communities and surrounding area. ^ 16 use la-13. SEC. 1217. In proposing any boundary change after the date of enactment of this section, the Secretary shall— (a) consult with affected agencies of State and local govern- ments surrounding communities, affected landowners and pri- vate national, regional, and local organizations; (b) apply the criteria developed pursuant to section 1216 and accompany this proposal with a statement reflecting the results of the application of such criteria; (c) include with such proposal an estimate of the cost for acquisition of any parcels proposed for acquisition together with the basis for the estimate and a statement on the relative priority for the acquisition of each parcel within the priorities for acquisition of other lands for such unit and for the National Park System.
PUBLIC LAW 101-628—NOV. 28, 1990 104 STAT. 4509 TITLE XIII Clarks Fork Wild and Scenic River SEC. 1301. This Act may be cited as the "Clarks Fork Wild and Designation Act Scenic River Designation Act of 1990". of 1990. 16 u s e 1271 SEC. 1302. DESIGNATION OF RIVER. note. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)), £is amended, is further amended by adding at the end the following: "( ) CLARKS FORK, WYOMING.—(A) The twenty and five-tenths- mile segment from the west boundary of section 3, township 56 north, range 106 west at the Crandall Creek Bridge downstream to the north boundary of section 13, township 56 north, range 104 west at Clarks Fork Canyon; to be administered by the Secretary of Agriculture as a wild river. Notwithstanding subsection (b), the boundary of the segment shall include all land within four hundred and forty yards from the ordinary high water mark on both sides of the river. No land or interest in land may be acquired with respect to the segment without the consent of the owner thereof. For the Appropriation purposes of carrjdng out this paragraph, there is authorized to be authorization. appropriated $500,000 for development and $750,000 for the acquisi- tion of land and interests therein. "(B) Designation of a segment of the Clarks Fork by this para- graph as a component of the Wild and Scenic Rivers System shall not be utilized in any Federal proceeding, whether concerning a license, permit, right-of-way, or any other Federal action, as a reason or basis to prohibit the development or operation of any water impoundment, diversion facility, or hydroelectric power and transmission facility located entirely downstream from the segment of the river designated by this paragraph: Provided, That water from any development shall not intrude upon such segment. Con- gress finds that development of water impoundments, diversion facilities, and hydroelectric power and transmission facilities located entirely downstream from the segment of the river is not incompat- ible with its designation as a component of the Wild and Scenic Rivers System. "(C) The Secretary of Agriculture is directed to apply for the quantification of the water right reserved by the inclusion of a portion of the Clarks Fork in the Wild and Scenic Rivers System in accordance with the procedural requirements of the laws of the State of Wyoming: Provided, That, notwithstanding any provision of the laws of the State of Wyoming otherwise applicable to the granting and exercise of water rights, the purposes for which the Clarks Fork is designated, as set forth in this Act and this para- graph, are declared to be beneficial uses and the priority date of such right shall be the date of enactment of this paragraph.
104 STAT. 4510 PUBLIC LAW 101-628—NOV. 28, 1990 "(D) The comprehensive management plan developed under subsection (d) for the segment designated by this paragraph shall provide for all such measures as may be necessary in the control of fire, insects, and diseases to fully protect the values for which the segment is designated as a wild river.". Approved November 28, 1990. LEGISLATIVE HISTORY—H.R. 2570 {See S. 3068): HOUSE REPORTS: No. 101-405 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 101-359 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 136 (1990): Feb. 28, considered and passed House. Oct. 27, considered and psissed Senate, amended. House concurred in Senate amendment with an amendment. Senate concurred in House amendment.