< Back to S. 3213 (110th Congress, 2007–2009)

Text of the Omnibus Public Land Management Act of 2008

This bill was introduced on June 27, 2008, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jun 27, 2008 (Placed on Calendar in the Senate).

Source: GPO

II

Calendar No. 855

110th CONGRESS

2d Session

S. 3213

IN THE SENATE OF THE UNITED STATES

June 26, 2008

introduced the following bill; which was read the first time

June 27, 2008

Read the second time and placed on the calendar

A BILL

To designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Omnibus Public Land Management Act of 2008.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I—Additions to the National Wilderness Preservation System

Subtitle A—Wild Monongahela Wilderness

Sec. 101. Designation of wilderness, Monongahela National Forest, West Virginia.

Sec. 102. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.

Sec. 103. Monongahela National Forest boundary confirmation.

Sec. 104. Enhanced Trail Opportunities.

Subtitle B—Virginia Ridge and Valley Wilderness

Sec. 111. Definitions.

Sec. 112. Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area.

Sec. 113. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia.

Sec. 114. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia.

Sec. 115. Trail plan and development.

Sec. 116. Maps and boundary descriptions.

Sec. 117. Effective date.

Subtitle C—Mt. Hood Wilderness, Oregon

Sec. 121. Definitions.

Sec. 122. Designation of wilderness areas.

Sec. 123. Designation of streams for wild and scenic river protection in the Mount Hood area.

Sec. 124. Mount Hood National Recreation Area.

Sec. 125. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.

Sec. 126. Land exchanges.

Sec. 127. Tribal provisions; planning and studies.

Subtitle D—Copper Salmon Wilderness, Oregon

Sec. 131. Designation of the Copper Salmon Wilderness.

Sec. 132. Wild and Scenic River Designations, Elk River, Oregon.

Sec. 133. Protection of tribal rights.

Subtitle E—Cascade-Siskiyou National Monument, Oregon

Sec. 141. Definitions.

Sec. 142. Voluntary grazing lease donation program.

Sec. 143. Box R Ranch land exchange.

Sec. 144. Deerfield land exchange.

Sec. 145. Soda Mountain Wilderness.

Sec. 146. Effect.

Subtitle F—Owyhee Public Land Management

Sec. 151. Definitions.

Sec. 152. Owyhee Science Review and Conservation Center.

Sec. 153. Wilderness areas.

Sec. 154. Designation of wild and scenic rivers.

Sec. 155. Land identified for disposal.

Sec. 156. Tribal cultural resources.

Sec. 157. Recreational travel management plans.

Sec. 158. Authorization of appropriations.

Subtitle G—Boundary adjustment, Frank Church River of No Return Wilderness

Sec. 161. Purposes.

Sec. 162. Definitions.

Sec. 163. Boundary adjustment.

Sec. 164. Conveyance of land designated for exclusion.

Subtitle H—Rocky Mountain National Park Wilderness

Sec. 171. Definitions.

Sec. 172. Rocky Mountain National Park Wilderness.

Sec. 173. Grand River Ditch and Colorado-Big Thompson projects.

Sec. 174. East Shore Trail Area.

Sec. 175. National forest area boundary adjustments.

Sec. 176. Authority to lease Leiffer tract.

TITLE II—Bureau of Land Management Authorizations

Subtitle A—National Landscape Conservation System

Sec. 201. Definitions.

Sec. 202. Establishment of the National Landscape Conservation System.

Sec. 203. Authorization of appropriations.

Subtitle B—Prehistoric Trackways National Monument

Sec. 211. Findings.

Sec. 212. Definitions.

Sec. 213. Establishment.

Sec. 214. Administration.

Sec. 215. Authorization of appropriations.

Subtitle C—Fort Stanton-Snowy River Cave National Conservation Area

Sec. 221. Definitions.

Sec. 222. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.

Sec. 223. Management of the Conservation Area.

Sec. 224. Authorization of appropriations.

Subtitle D—Snake River Birds of Prey National Conservation Area

Sec. 231. Snake River Birds of Prey National Conservation Area.

Subtitle E—Rio Puerco Watershed Management Program

Sec. 241. Rio Puerco Watershed Management Program.

Subtitle F—Land conveyances and exchanges

Sec. 251. Pima County, Arizona, land exchange.

Sec. 252. Southern Nevada limited transition area conveyance.

Sec. 253. Nevada Cancer Institute land conveyance.

Sec. 254. Turnabout Ranch land conveyance, Utah.

Sec. 255. Boy Scouts land exchange, Utah.

Sec. 256. Douglas County, Washington, land conveyance.

TITLE III—Forest Service authorizations

Subtitle A—Watershed restoration and enhancement

Sec. 301. Watershed restoration and enhancement agreements.

Subtitle B—Wildland firefighter safety

Sec. 311. Wildland firefighter safety.

Subtitle C—Wyoming range

Sec. 321. Definitions.

Sec. 322. Withdrawal of certain land in the Wyoming range.

Sec. 323. Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range.

Subtitle D—Land conveyances and exchanges

Sec. 331. Land conveyance to City of Coffman Cove, Alaska.

Sec. 332. Beaverhead-Deerlodge National Forest land conveyance, Montana.

Sec. 333. Santa Fe National Forest; Pecos National Historical Park Land Exchange.

Sec. 334. Santa Fe National Forest Land Conveyance, New Mexico.

Sec. 335. Kittitas County, Washington land conveyance.

Sec. 336. Mammoth Community Water District use restrictions.

TITLE IV—Forest Landscape Restoration

Sec. 401. Purpose.

Sec. 402. Definitions.

Sec. 403. Collaborative Forest Landscape Restoration Program.

Sec. 404. Authorization of appropriations.

TITLE V—Rivers and trails

Subtitle A—Additions to the National Wild and Scenic Rivers System

Sec. 501. Fossil Creek, Arizona.

Sec. 502. Snake River Headwaters, Wyoming.

Sec. 503. Taunton River, Massachusetts.

Subtitle B—Additions to the National Trails System

Sec. 511. Arizona National Scenic Trail.

Sec. 512. New England National Scenic Trail.

Sec. 513. Ice Age Floods National Geologic Trail.

Sec. 514. Washington-Rochambeau Revolutionary Route National Historic Trail.

Subtitle C—National Trail System Amendments

Sec. 521. National Trails System willing seller authority.

Sec. 522. Revision of feasibility and suitability studies of existing national historic trails.

TITLE VI—Department of the Interior authorizations

Subtitle A—National Parks and Federal Recreational Lands Pass discount

Sec. 601. National Parks and Federal Recreational Lands Pass for eligible individuals.

Subtitle B—Competitive status for Federal employees in Alaska

Sec. 611. Competitive status for certain Federal employees in the State of Alaska.

Subtitle C—National Tropical Botanical Garden

Sec. 621. Authorization of appropriations for National Tropical Botanical Garden.

Subtitle D—Management of the Baca National Wildlife Refuge

Sec. 631. Baca National Wildlife Refuge.

Subtitle E—Paleontological resources preservation

Sec. 641. Definitions.

Sec. 642. Management.

Sec. 643. Public awareness and education program.

Sec. 644. Collection of paleontological resources.

Sec. 645. Curation of resources.

Sec. 646. Prohibited acts; criminal penalties.

Sec. 647. Civil penalties.

Sec. 648. Rewards and forfeiture.

Sec. 649. Confidentiality.

Sec. 650. Regulations.

Sec. 651. Savings provisions.

Sec. 652. Authorization of appropriations.

TITLE VII—National Park Service authorizations

Subtitle A—Additions to the National Park System

Sec. 701. Paterson Great Falls National Historical Park, New Jersey.

Sec. 702. Thomas Edison National Historical Park, New Jersey.

Subtitle B—Amendments to existing units of the National Park System

Sec. 711. Funding for Keweenaw National Historical Park.

Sec. 712. Location of visitor and administrative facilities for Weir Farm National Historic Site.

Sec. 713. Little River Canyon National Preserve boundary expansion.

Sec. 714. Hopewell Culture National Historical Park boundary expansion.

Sec. 715. Jean Lafitte National Historical Park and Preserve boundary adjustment.

Sec. 716. Minute Man National Historical Park.

Sec. 717. Everglades National Park.

Sec. 718. Kalaupapa National Historical Park.

Sec. 719. Boston Harbor Islands National Recreation Area.

Subtitle C—Special Resource Studies

Sec. 721. William Jefferson Clinton Birthplace Home National Historic Site.

Sec. 722. Walnut Canyon study.

Sec. 723. Tule Lake Segregation Center, California.

Sec. 724. Estate Grange, St. Croix.

Sec. 725. Harriet Beecher Stowe House, Maine.

Sec. 726. Shepherdstown battlefield, West Virginia.

Sec. 727. Green McAdoo School, Tennessee.

Sec. 728. Harry S Truman Birthplace, Missouri.

Sec. 729. Battle of Matewan special resource study.

Sec. 730. Butterfield Overland Trail.

Subtitle D—Program authorizations

Sec. 741. American Battlefield Protection Program.

Sec. 742. Preserve America Program.

Sec. 743. Save America's Treasures Program.

Subtitle E—Advisory Commission

Sec. 744. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.

TITLE VIII—National Heritage Areas

Subtitle A—National Heritage Area program

Sec. 801. Purposes.

Sec. 802. Definitions.

Sec. 803. National Heritage Areas system.

Sec. 804. Studies.

Sec. 805. Designation of National Heritage Areas.

Sec. 806. Management plans.

Sec. 807. Evaluation; report.

Sec. 808. Local coordinating entities.

Sec. 809. Relationship to other Federal agencies.

Sec. 810. Private property and regulatory protections.

Sec. 811. Partnership support.

Sec. 812. Authorization of appropriations.

Subtitle B—Designation of National Heritage Areas

Sec. 821. Sangre de Cristo National Heritage Area, Colorado.

Sec. 822. Cache La Poudre River National Heritage Area, Colorado.

Sec. 823. South Park National Heritage Area, Colorado.

Sec. 824. Northern Plains National Heritage Area, North Dakota.

Sec. 825. Baltimore National Heritage Area, Maryland.

Sec. 826. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.

Sec. 827. Mississippi Hills National Heritage Area.

Sec. 828. Mississippi Delta National Heritage Area.

Sec. 829. Muscle Shoals National Heritage Area, Alabama.

Sec. 830. Santa Cruz Valley National Heritage Area, Arizona.

Subtitle C—Studies

Sec. 841. Chattahoochee Trace, Alabama and Georgia.

Sec. 842. Northern Neck, Virginia.

Subtitle D—Amendments relating to National Heritage Corridors

Sec. 851. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.

Sec. 852. Delaware And Lehigh National Heritage Corridor.

Sec. 853. Erie Canalway National Heritage Corridor.

Sec. 854. John H. Chafee Blackstone River Valley National Heritage Corridor.

TITLE IX—Bureau of Reclamation Authorizations

Subtitle A—Feasibility studies

Sec. 901. Snake, Boise, and Payette River systems, Idaho.

Sec. 902. Sierra Vista Subwatershed, Arizona.

Subtitle B—Project authorizations

Sec. 911. Tumalo Irrigation District Water Conservation Project, Oregon.

Sec. 912. Madera Water Supply Enhancement Project, California.

Sec. 913. Eastern New Mexico Rural Water System project, New Mexico.

Sec. 914. Rancho Cailfornia Water District project, California.

Subtitle C—Title transfers and clarifications

Sec. 921. Transfer of McGee Creek pipeline and facilities.

Sec. 922. Albuquerque Biological Park, New Mexico, title clarification.

Subtitle D—San Gabriel Basin Restoration Fund

Sec. 931. Restoration Fund.

Subtitle E—Lower Colorado River Multi-Species Conservation Program

Sec. 941. Definitions.

Sec. 942. Implementation and water accounting.

Sec. 943. Enforceability of program documents.

Sec. 944. Authorization of appropriations.

TITLE X—Water settlements

Subtitle A—San Joaquin River Restoration Settlement

Part I—San Joaquin River Restoration Settlement Act

Sec. 1001. Short title.

Sec. 1002. Purpose.

Sec. 1003. Definitions.

Sec. 1004. Implementation of settlement.

Sec. 1005. Acquisition and disposal of property; title to facilities.

Sec. 1006. Compliance with applicable law.

Sec. 1007. Compliance with Central Valley Project Improvement Act.

Sec. 1008. No private right of action.

Sec. 1009. Appropriations; Settlement Fund.

Sec. 1010. Repayment contracts and acceleration of repayment of construction costs.

Sec. 1011. California Central Valley Spring Run Chinook salmon.

Part II—Study to develop water plan; report

Sec. 1021. Study to develop water plan; report.

Part III—Friant division improvements

Sec. 1031. Federal facility improvements.

Sec. 1032. Financial assistance for local projects.

Sec. 1033. Authorization of appropriations.

Subtitle B—Northwestern New Mexico rural water projects

Sec. 1041. Short title.

Sec. 1042. Definitions.

Sec. 1043. Compliance with environmental laws.

Sec. 1044. No reallocation of costs.

Sec. 1045. Interest rate.

Part I—Amendments to the Colorado River Storage Project Act and Public Law 87–483

Sec. 1051. Amendments to the Colorado River Storage Project Act.

Sec. 1052. Amendments to Public Law 87–483.

Sec. 1053. Effect on Federal water law.

Part II—Reclamation Water Settlements Fund

Sec. 1061. Reclamation Water Settlements Fund.

Part III—Navajo-Gallup Water Supply Project

Sec. 1071. Purposes.

Sec. 1072. Authorization of Navajo-Gallup Water Supply Project.

Sec. 1073. Delivery and use of Navajo-Gallup Water Supply Project water.

Sec. 1074. Project contracts.

Sec. 1075. Navajo Nation Municipal Pipeline.

Sec. 1076. Authorization of conjunctive use wells.

Sec. 1077. San Juan River Navajo Irrigation Projects.

Sec. 1078. Other irrigation projects.

Sec. 1079. Authorization of appropriations.

Part IV—Navajo Nation water rights

Sec. 1081. Agreement.

Sec. 1082. Trust Fund.

Sec. 1083. Waivers and releases.

Sec. 1084. Water rights held in trust.

TITLE XI—United States Geological Survey Authorizations

Sec. 1101. Reauthorization of the National Geologic Mapping Act of 1992.

Sec. 1102. New Mexico water resources study.

TITLE XII—Miscellaneous

Sec. 1201. Management and distribution of North Dakota trust funds.

Sec. 1202. Amendments to the Fisheries Restoration and Irrigation Mitigation Act of 2000.

Sec. 1203. Amendments to the Alaska Natural Gas Pipeline Act.

Sec. 1204. Additional Assistant Secretary for Department of Energy.

I

Additions to the National Wilderness Preservation System

A

Wild Monongahela Wilderness

101.

Designation of wilderness, Monongahela National Forest, West Virginia

(a)

Designation

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following Federal lands within the Monongahela National Forest in the State of West Virginia are designated as wilderness and as either a new component of the National Wilderness Preservation System or as an addition to an existing component of the National Wilderness Preservation System:

(1)

Certain Federal land comprising approximately 5,144 acres, as generally depicted on the map entitled Big Draft Proposed Wilderness and dated March 11, 2008, which shall be known as the Big Draft Wilderness.

(2)

Certain Federal land comprising approximately 11,951 acres, as generally depicted on the map entitled Cranberry Expansion Proposed Wilderness and dated March 11, 2008, which shall be added to and administered as part of the Cranberry Wilderness designated by section 1(1) of Public Law 97–466 (96 Stat. 2538).

(3)

Certain Federal land comprising approximately 7,156 acres, as generally depicted on the map entitled Dolly Sods Expansion Proposed Wilderness and dated March 11, 2008, which shall be added to and administered as part of the Dolly Sods Wilderness designated by section 3(a)(13) of Public Law 93–622 (88 Stat. 2098).

(4)

Certain Federal land comprising approximately 698 acres, as generally depicted on the map entitled Otter Creek Expansion Proposed Wilderness and dated March 11, 2008, which shall be added to and administered as part of the Otter Creek Wilderness designated by section 3(a)(14) of Public Law 93–622 (88 Stat. 2098).

(5)

Certain Federal land comprising approximately 6,792 acres, as generally depicted on the map entitled Roaring Plains Proposed Wilderness and dated March 11, 2008, which shall be known as the “Roaring Plains West Wilderness”.

(6)

Certain Federal land comprising approximately 6,030 acres, as generally depicted on the map entitled Spice Run Proposed Wilderness and dated March 11, 2008, which shall be known as the Spice Run Wilderness.

(b)

Maps and legal description

(1)

Filing and availability

As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service, shall file with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of each wilderness area designated or expanded by subsection (a). The maps and legal descriptions shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Monongahela National Forest.

(2)

Force and effect

The maps and legal descriptions referred to in this subsection shall have the same force and effect as if included in this subtitle, except that the Secretary may correct errors in the maps and descriptions.

(c)

Administration

Subject to valid existing rights, the Federal lands designated as wilderness by subsection (a) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.). The Secretary may continue to authorize the competitive running event permitted from 2003 through 2007 in the vicinity of the boundaries of the Dolly Sods Wilderness addition designated by paragraph (3) of subsection (a) and the Roaring Plains West Wilderness Area designated by paragraph (5) of such subsection, in a manner compatible with the preservation of such areas as wilderness.

(d)

Effective date of wilderness act

With respect to the Federal lands designated as wilderness by subsection (a), any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of the Wilderness Act shall be deemed to be a reference to the date of the enactment of this Act.

(e)

Fish and wildlife

As provided in section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction or responsibility of the State of West Virginia with respect to wildlife and fish.

102.

Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest

(a)

Boundary adjustment

The boundary of the Laurel Fork South Wilderness designated by section 1(3) of Public Law 97–466 (96 Stat. 2538) is modified to exclude two parcels of land, as generally depicted on the map entitled Monongahela National Forest Laurel Fork South Wilderness Boundary Modification and dated March 11, 2008, and more particularly described according to the site-specific maps and legal descriptions on file in the office of the Forest Supervisor, Monongahela National Forest. The general map shall be on file and available for public inspection in the Office of the Chief of the Forest Service.

(b)

Management

Federally owned land delineated on the maps referred to in subsection (a) as the Laurel Fork South Wilderness, as modified by such subsection, shall continue to be administered by the Secretary of Agriculture in accordance with Wilderness Act (16 U.S.C. 1131 et seq.).

103.

Monongahela National Forest boundary confirmation

(a)

In general

The boundary of the Monongahela National Forest is confirmed to include the tracts of land as generally depicted on the map entitled Monongahela National Forest Boundary Confirmation and dated March 13, 2008, and all Federal lands under the jurisdiction of the Secretary of Agriculture, acting through the Chief of the Forest Service, encompassed within such boundary shall be managed under the laws and regulations pertaining to the National Forest System.

(b)

Land and water conservation fund

For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of the Monongahela National Forest, as confirmed by subsection (a), shall be considered to be the boundaries of the Monongahela National Forest as of January 1, 1965.

104.

Enhanced Trail Opportunities

(a)

Plan

(1)

In general

The Secretary of Agriculture, in consultation with interested parties, shall develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest.

(2)

Nonmotorized recreation trail defined

For the purposes of this subsection, the term “nonmotorized recreation trail” means a trail designed for hiking, bicycling, and equestrian use.

(b)

Report

Not later than two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the plan required under subsection (a), including the identification of priority trails for development.

(c)

Consideration of Conversion of Forest Roads to Recreational Uses

In considering possible closure and decommissioning of a Forest Service road within the Monongahela National Forest after the date of the enactment of this Act, the Secretary of Agriculture, in accordance with applicable law, may consider converting the road to nonmotorized uses to enhance recreational opportunities within the Monongahela National Forest.

B

Virginia Ridge and Valley Wilderness

111.

Definitions

In this subtitle:

(1)

Scenic areas

The term scenic areas means the Seng Mountain National Scenic Area and the Bear Creek National Scenic Area.

(2)

Secretary

The term Secretary means the Secretary of Agriculture.

112.

Designation of additional National Forest System land in Jefferson National Forest, Virginia, as wilderness or a wilderness study area

(a)

Designation of wilderness

Section 1 of Public Law 100–326 (16 U.S.C. 1132 note; 102 Stat. 584, 114 Stat. 2057), is amended—

(1)

in the matter preceding paragraph (1), by striking System— and inserting System:;

(2)

by striking certain each place it appears and inserting Certain;

(3)

in each of paragraphs (1) through (6), by striking the semicolon at the end and inserting a period;

(4)

in paragraph (7), by striking ; and and inserting a period; and

(5)

by adding at the end the following:

(9)

Certain land in the Jefferson National Forest comprising approximately 3,743 acres, as generally depicted on the map entitled Brush Mountain and Brush Mountain East and dated May 5, 2008, which shall be known as the Brush Mountain East Wilderness.

(10)

Certain land in the Jefferson National Forest comprising approximately 4,794 acres, as generally depicted on the map entitled Brush Mountain and Brush Mountain East and dated May 5, 2008, which shall be known as the Brush Mountain Wilderness.

(11)

Certain land in the Jefferson National Forest comprising approximately 4,223 acres, as generally depicted on the map entitled Seng Mountain and Raccoon Branch and dated April 28, 2008, which shall be known as the Raccoon Branch Wilderness.

(12)

Certain land in the Jefferson National Forest comprising approximately 3,270 acres, as generally depicted on the map entitled Stone Mountain and dated April 28, 2008, which shall be known as the Stone Mountain Wilderness.

(13)

Certain land in the Jefferson National Forest comprising approximately 8,470 acres, as generally depicted on the map entitled Garden Mountain and Hunting Camp Creek and dated April 28, 2008, which shall be known as the Hunting Camp Creek Wilderness.

(14)

Certain land in the Jefferson National Forest comprising approximately 3,291 acres, as generally depicted on the map entitled Garden Mountain and Hunting Camp Creek and dated April 28, 2008, which shall be known as the Garden Mountain Wilderness.

(15)

Certain land in the Jefferson National Forest comprising approximately 5,476 acres, as generally depicted on the map entitled Mountain Lake Additions and dated April 28, 2008, which is incorporated in the Mountain Lake Wilderness designated by section 2(6) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).

(16)

Certain land in the Jefferson National Forest comprising approximately 308 acres, as generally depicted on the map entitled Lewis Fork Addition and Little Wilson Creek Additions and dated April 28, 2008, which is incorporated in the Lewis Fork Wilderness designated by section 2(3) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).

(17)

Certain land in the Jefferson National Forest comprising approximately 1,845 acres, as generally depicted on the map entitled Lewis Fork Addition and Little Wilson Creek Additions and dated April 28, 2008, which is incorporated in the Little Wilson Creek Wilderness designated by section 2(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).

(18)

Certain land in the Jefferson National Forest comprising approximately 2,219 acres, as generally depicted on the map entitled Shawvers Run Additions and dated April 28, 2008, which is incorporated in the Shawvers Run Wilderness designated by paragraph (4).

(19)

Certain land in the Jefferson National Forest comprising approximately 1,203 acres, as generally depicted on the map entitled Peters Mountain Addition and dated April 28, 2008, which is incorporated in the Peters Mountain Wilderness designated by section 2(7) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).

(20)

Certain land in the Jefferson National Forest comprising approximately 263 acres, as generally depicted on the map entitled Kimberling Creek Additions and Potential Wilderness Area and dated April 28, 2008, which is incorporated in the Kimberling Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).

.

(b)

Designation of wilderness study area

The Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) is amended—

(1)

in the first section, by inserting as after cited; and

(2)

in section 6(a)—

(A)

by striking certain each place it appears and inserting Certain;

(B)

in each of paragraphs (1) and (2), by striking the semicolon at the end and inserting a period;

(C)

in paragraph (3), by striking ; and and inserting a period; and

(D)

by adding at the end the following:

(5)

Certain land in the Jefferson National Forest comprising approximately 3,226 acres, as generally depicted on the map entitled Lynn Camp Creek Wilderness Study Area and dated April 28, 2008, which shall be known as the Lynn Camp Creek Wilderness Study Area.

.

113.

Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia

(a)

Designation

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Jefferson National Forest comprising approximately 349 acres, as generally depicted on the map entitled Kimberling Creek Additions and Potential Wilderness Area and dated April 28, 2008, is designated as a potential wilderness area for incorporation in the Kimberling Creek Wilderness designated by section 2(2) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586).

(b)

Management

Except as provided in subsection (c) and subject to valid existing rights, the Secretary shall manage the potential wilderness area in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(c)

Ecological Restoration

(1)

In general

For purposes of ecological restoration (including the elimination of nonnative species, removal of illegal, unused, or decommissioned roads, and any other activity necessary to restore the natural ecosystems in the potential wilderness area), the Secretary may use motorized equipment and mechanized transport in the potential wilderness area until the date on which the potential wilderness area is incorporated into the Kimberling Creek Wilderness.

(2)

Limitation

To the maximum extent practicable, the Secretary shall use the minimum tool or administrative practice necessary to accomplish ecological restoration with the least amount of adverse impact on wilderness character and resources.

(d)

Wilderness Designation

The potential wilderness area shall be designated as wilderness and incorporated in the Kimberling Creek Wilderness on the earlier of—

(1)

the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area that are incompatible with the Wilderness Act (16 U.S.C. 1131 et seq.) have been removed; or

(2)

the date that is 5 years after the date of enactment of this Act.

114.

Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia

(a)

Establishment

There are designated as National Scenic Areas—

(1)

certain National Forest System land in the Jefferson National Forest, comprising approximately 5,192 acres, as generally depicted on the map entitled Seng Mountain and Raccoon Branch and dated April 28, 2008, which shall be known as the Seng Mountain National Scenic Area; and

(2)

certain National Forest System land in the Jefferson National Forest, comprising approximately 5,128 acres, as generally depicted on the map entitled Bear Creek and dated April 28, 2008, which shall be known as the Bear Creek National Scenic Area.

(b)

Purposes

The purposes of the scenic areas are—

(1)

to ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources of the scenic areas;

(2)

consistent with paragraph (1), to protect wildlife and fish habitat in the scenic areas;

(3)

to protect areas in the scenic areas that may develop characteristics of old-growth forests; and

(4)

consistent with paragraphs (1), (2), and (3), to provide a variety of recreation opportunities in the scenic areas.

(c)

Administration

(1)

In general

The Secretary shall administer the scenic areas in accordance with—

(A)

this subtitle; and

(B)

the laws (including regulations) generally applicable to the National Forest System.

(2)

Authorized uses

The Secretary shall only allow uses of the scenic areas that the Secretary determines will further the purposes of the scenic areas, as described in subsection (b).

(d)

Management plan

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall develop as an amendment to the land and resource management plan for the Jefferson National Forest a management plan for the scenic areas.

(2)

Effect

Nothing in this subsection requires the Secretary to revise the land and resource management plan for the Jefferson National Forest under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1604).

(e)

Roads

(1)

In general

Except as provided in paragraph (2), after the date of enactment of this Act, no roads shall be established or constructed within the scenic areas.

(2)

Limitation

Nothing in this subsection denies any owner of private land (or an interest in private land) that is located in a scenic area the right to access the private land.

(f)

Timber harvest

(1)

In general

Except as provided in paragraphs (2) and (3), no harvesting of timber shall be allowed within the scenic areas.

(2)

Exceptions

The Secretary may authorize harvesting of timber in the scenic areas if the Secretary determines that the harvesting is necessary to—

(A)

control fire;

(B)

provide for public safety or trail access; or

(C)

control insect and disease outbreaks.

(3)

Firewood for personal use

Firewood may be harvested for personal use along perimeter roads in the scenic areas, subject to any conditions that the Secretary may impose.

(g)

Insect and disease outbreaks

The Secretary may control insect and disease outbreaks—

(1)

to maintain scenic quality;

(2)

to prevent tree mortality;

(3)

to reduce hazards to visitors; or

(4)

to protect private land.

(h)

Vegetation management

The Secretary may engage in vegetation manipulation practices in the scenic areas to maintain the visual quality and wildlife clearings in existence on the date of enactment of this Act.

(i)

Motorized vehicles

(1)

In general

Except as provided in paragraph (2), motorized vehicles shall not be allowed within the scenic areas.

(2)

Exceptions

The Secretary may authorize the use of motorized vehicles—

(A)

to carry out administrative activities that further the purposes of the scenic areas, as described in subsection (b);

(B)

to assist wildlife management projects in existence on the date of enactment of this Act; and

(C)

during deer and bear hunting seasons—

(i)

on Forest Development Roads 49410 and 84b; and

(ii)

on the portion of Forest Development Road 6261 designated on the map described in subsection (a)(2) as open seasonally.

(j)

Wildfire suppression

Wildfire suppression within the scenic areas shall be conducted—

(1)

in a manner consistent with the purposes of the scenic areas, as described in subsection (b); and

(2)

using such means as the Secretary determines to be appropriate.

(k)

Water

The Secretary shall administer the scenic areas in a manner that maintains and enhances water quality.

(l)

Withdrawal

Subject to valid existing rights, all Federal land in the scenic areas is withdrawn from—

(1)

location, entry, and patent under the mining laws; and

(2)

operation of the mineral leasing and geothermal leasing laws.

115.

Trail plan and development

(a)

Trail plan

The Secretary, in consultation with interested parties, shall establish a trail plan to develop—

(1)

in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.), hiking and equestrian trails in the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 112(a)(5)); and

(2)

nonmotorized recreation trails in the scenic areas.

(b)

Implementation report

Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan, including the identification of priority trails for development.

(c)

Sustainable trail required

The Secretary shall develop a sustainable trail, using a contour curvilinear alignment, to provide for nonmotorized travel along the southern boundary of the Raccoon Branch Wilderness established by section 1(11) of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 112(a)(5)) connecting to Forest Development Road 49352 in Smyth County, Virginia.

116.

Maps and boundary descriptions

(a)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives maps and boundary descriptions of—

(1)

the scenic areas;

(2)

the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 112(a)(5));

(3)

the wilderness study area designated by section 6(a)(5) of the Virginia Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–586) (as added by section 112(b)(2)(D)); and

(4)

the potential wilderness area designated by section 113(a).

(b)

Force and effect

The maps and boundary descriptions filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the maps and boundary descriptions.

(c)

Availability of map and boundary description

The maps and boundary descriptions filed under subsection (a) shall be on file and available for public inspection in the Office of the Chief of the Forest Service.

(d)

Conflict

In the case of a conflict between a map filed under subsection (a) and the acreage of the applicable areas specified in this subtitle, the map shall control.

117.

Effective date

Any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act for purposes of administering—

(1)

the wilderness areas designated by paragraphs (9) through (20) of section 1 of Public Law 100–326 (16 U.S.C. 1132 note) (as added by section 112(a)(5)); and

(2)

the potential wilderness area designated by section 113(a).

C

Mt. Hood Wilderness, Oregon

121.

Definitions

In this subtitle:

(1)

Secretary

The term Secretary means the Secretary of Agriculture.

(2)

State

The term State means the State of Oregon.

122.

Designation of wilderness areas

(a)

Designation of Lewis and Clark Mount Hood wilderness areas

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State of Oregon are designated as wilderness areas and as components of the National Wilderness Preservation System:

(1)

Badger creek wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 4,140 acres, as generally depicted on the maps entitled Badger Creek Wilderness—Badger Creek Additions and Badger Creek Wilderness—Bonney Butte, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Badger Creek Wilderness, as designated by section 3(3) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

(2)

Bull of the woods wilderness addition

Certain Federal land managed by the Forest Service, comprising approximately 10,180 acres, as generally depicted on the map entitled Bull of the Woods Wilderness—Bull of the Woods Additions, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Bull of the Woods Wilderness, as designated by section 3(4) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

(3)

Clackamas wilderness

Certain Federal land managed by the Forest Service, comprising approximately 9,470 acres, as generally depicted on the maps entitled Clackamas Wilderness—Big Bottom, Clackamas Wilderness—Clackamas Canyon, Clackamas Wilderness—Memaloose Lake, Clackamas Wilderness—Sisi Butte, and Clackamas Wilderness—South Fork Clackamas, dated July 16, 2007, which shall be known as the Clackamas Wilderness.

(4)

Mark O. Hatfield wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 25,960 acres, as generally depicted on the maps entitled Mark O. Hatfield Wilderness—Gorge Face and Mark O. Hatfield Wilderness—Larch Mountain, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Mark O. Hatfield Wilderness, as designated by section 3(1) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

(5)

Mount Hood wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 18,450 acres, as generally depicted on the maps entitled Mount Hood Wilderness—Barlow Butte, Mount Hood Wilderness—Elk Cove/Mazama, Mount Hood Wilderness—Richard L. Kohnstamm Memorial Area, Mount Hood Wilderness—Sand Canyon, Mount Hood Wilderness—Sandy Additions, Mount Hood Wilderness—Twin Lakes, and Mount Hood Wilderness—White River, dated July 16, 2007, and the map entitled Mount Hood Wilderness—Cloud Cap, dated July 20, 2007, which is incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43).

(6)

Roaring river wilderness

Certain Federal land managed by the Forest Service, comprising approximately 36,550 acres, as generally depicted on the map entitled Roaring River Wilderness—Roaring River Wilderness, dated July 16, 2007, which shall be known as the Roaring River Wilderness.

(7)

Salmon-huckleberry wilderness additions

Certain Federal land managed by the Forest Service, comprising approximately 16,620 acres, as generally depicted on the maps entitled Salmon-Huckleberry Wilderness—Alder Creek Additions, Salmon-Huckleberry Wilderness—Eagle Creek Addition, Salmon-Huckleberry Wilderness—Hunchback Mountain, Salmon-Huckleberry Wilderness—Inch Creek, Salmon-Huckleberry Wilderness—Mirror Lake, and Salmon-Huckleberry Wilderness—Salmon River Meadows, dated July 16, 2007, which is incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273).

(8)

Lower white river wilderness

Certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 2,870 acres, as generally depicted on the map entitled Lower White River Wilderness—Lower White River, dated July 16, 2007, which shall be known as the Lower White River Wilderness.

(b)

Richard L. Kohnstamm Memorial Area

Certain Federal land managed by the Forest Service, as generally depicted on the map entitled Mount Hood Wilderness—Richard L. Kohnstamm Memorial Area, dated July 16, 2007, is designated as the Richard L. Kohnstamm Memorial Area.

(c)

Potential wilderness area; additions to wilderness areas

(1)

Roaring river potential wilderness area

(A)

In general

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land managed by the Forest Service, comprising approximately 900 acres identified as Potential Wilderness on the map entitled Roaring River Wilderness, dated July 16, 2007, is designated as a potential wilderness area.

(B)

Management

The potential wilderness area designated by subparagraph (A) shall be managed in accordance with section 4 of the Wilderness Act (16 U.S.C. 1133).

(C)

Designation as wilderness

On the date on which the Secretary publishes in the Federal Register notice that the conditions in the potential wilderness area designated by subparagraph (A) are compatible with the Wilderness Act (16 U.S.C. 1131 et seq.), the potential wilderness shall be—

(i)

designated as wilderness and as a component of the National Wilderness Preservation System; and

(ii)

incorporated into the Roaring River Wilderness designated by subsection (a)(6).

(2)

Addition to the Mount Hood Wilderness

On completion of the land exchange under section 126(a)(2), certain Federal land managed by the Forest Service, comprising approximately 1,710 acres, as generally depicted on the map entitled Mount Hood Wilderness—Tilly Jane, dated July 20, 2007, shall be incorporated in, and considered to be a part of, the Mount Hood Wilderness, as designated under section 3(a) of the Wilderness Act (16 U.S.C. 1132(a)) and enlarged by section 3(d) of the Endangered American Wilderness Act of 1978 (16 U.S.C. 1132 note; 92 Stat. 43) and subsection (a)(5).

(3)

Addition to the Salmon-Huckleberry Wilderness

On acquisition by the United States, the approximately 160 acres of land identified as Land to be acquired by USFS on the map entitled Hunchback Mountain Land Exchange, Clackamas County, dated June 2006, shall be incorporated in, and considered to be a part of, the Salmon-Huckleberry Wilderness, as designated by section 3(2) of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 273) and enlarged by subsection (a)(7).

(d)

Maps and legal descriptions

(1)

In General

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of each wilderness area and potential wilderness area designated by this section, with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2)

Force of Law

The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.

(3)

Public Availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.

(4)

Description of land

The boundaries of the areas designated as wilderness by subsection (a) that are immediately adjacent to a utility right-of-way or a Federal Energy Regulatory Commission project boundary shall be 100 feet from the boundary of the right-of-way or the project boundary.

(e)

Administration

(1)

In General

Subject to valid existing rights, each area designated as wilderness by this section shall be administered by the Secretary that has jurisdiction over the land within the wilderness, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(A)

any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and

(B)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the wilderness.

(2)

Incorporation of Acquired Land and Interests

Any land within the boundary of a wilderness area designated by this section that is acquired by the United States shall—

(A)

become part of the wilderness area in which the land is located; and

(B)

be managed in accordance with this section, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.

(f)

Buffer zones

(1)

In General

As provided in the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328), Congress does not intend for designation of wilderness areas in the State under this section to lead to the creation of protective perimeters or buffer zones around each wilderness area.

(2)

Activities or Uses up to Boundaries

The fact that nonwilderness activities or uses can be seen or heard from within a wilderness area shall not, of itself, preclude the activities or uses up to the boundary of the wilderness area.

(g)

Fish and wildlife

Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife.

(h)

Fire, insects, and diseases

As provided in section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), within the wilderness areas designated by this section, the Secretary that has jurisdiction over the land within the wilderness (referred to in this subsection as the Secretary) may take such measures as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.

(i)

Withdrawal

Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as wilderness by this section is withdrawn from all forms of—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

123.

Designation of streams for wild and scenic river protection in the Mount Hood area

(a)

Wild and Scenic River designations, Mount Hood National Forest

(1)

In general

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:

(171)

South Fork Clackamas River

The 4.2-mile segment of the South Fork Clackamas River from its confluence with the East Fork of the South Fork Clackamas to its confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a wild river.

(172)

Eagle Creek

The 8.3-mile segment of Eagle Creek from its headwaters to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a wild river.

(173)

Middle Fork Hood River

The 3.7-mile segment of the Middle Fork Hood River from the confluence of Clear and Coe Branches to the north section line of section 11, township 1 south, range 9 east, to be administered by the Secretary of Agriculture as a scenic river.

(174)

South Fork Roaring River

The 4.6-mile segment of the South Fork Roaring River from its headwaters to its confluence with Roaring River, to be administered by the Secretary of Agriculture as a wild river.

(175)

Zig Zag River

The 4.3-mile segment of the Zig Zag River from its headwaters to the Mount Hood Wilderness boundary, to be administered by the Secretary of Agriculture as a wild river.

(176)

Fifteenmile Creek

(A)

In general

The 11.1-mile segment of Fifteenmile Creek from its source at Senecal Spring to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east, to be administered by the Secretary of Agriculture in the following classes:

(i)

The 2.6-mile segment from its source at Senecal Spring to the Badger Creek Wilderness boundary, as a wild river.

(ii)

The 0.4-mile segment from the Badger Creek Wilderness boundary to the point 0.4 miles downstream, as a scenic river.

(iii)

The 7.9-mile segment from the point 0.4 miles downstream of the Badger Creek Wilderness boundary to the western edge of section 20, township 2 south, range 12 east as a wild river.

(iv)

The 0.2-mile segment from the western edge of section 20, township 2 south, range 12 east, to the southern edge of the northwest quarter of the northwest quarter of section 20, township 2 south, range 12 east as a scenic river.

(B)

Inclusions

Notwithstanding section 3(b), the lateral boundaries of both the wild river area and the scenic river area along Fifteenmile Creek shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river.

(177)

East Fork Hood River

The 13.5-mile segment of the East Fork Hood River from Oregon State Highway 35 to the Mount Hood National Forest boundary, to be administered by the Secretary of Agriculture as a recreational river.

(178)

Collawash River

The 17.8-mile segment of the Collawash River from the headwaters of the East Fork Collawash to the confluence of the mainstream of the Collawash River with the Clackamas River, to be administered by the Secretary of Agriculture in the following classes:

(A)

The 11.0-mile segment from the headwaters of the East Fork Collawash River to Buckeye Creek, as a scenic river.

(B)

The 6.8-mile segment from Buckeye Creek to the Clackamas River, as a recreational river.

(179)

Fish Creek

The 13.5-mile segment of Fish Creek from its headwaters to the confluence with the Clackamas River, to be administered by the Secretary of Agriculture as a recreational river.

.

(2)

Effect

The amendments made by paragraph (1) do not affect valid existing water rights.

(b)

Protection for Hood River, Oregon

Section 13(a)(4) of the Columbia River Gorge National Scenic Area Act (16 U.S.C. 544k(a)(4)) is amended by striking for a period not to exceed twenty years from the date of enactment of this Act,.

124.

Mount Hood National Recreation Area

(a)

Designation

To provide for the protection, preservation, and enhancement of recreational, ecological, scenic, cultural, watershed, and fish and wildlife values, there is established the Mount Hood National Recreation Area within the Mount Hood National Forest.

(b)

Boundary

The Mount Hood National Recreation Area shall consist of certain Federal land managed by the Forest Service and Bureau of Land Management, comprising approximately 34,550 acres, as generally depicted on the maps entitled National Recreation Areas—Mount Hood NRA, “National Recreation Areas—Fifteenmile Creek NRA”, and National Recreation Areas—Shellrock Mountain, dated February 2007.

(c)

Map and legal description

(1)

Submission of legal description

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Mount Hood National Recreation Area with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2)

Force of law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and the legal description.

(3)

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(d)

Administration

(1)

In general

The Secretary shall—

(A)

administer the Mount Hood National Recreation Area—

(i)

in accordance with the laws (including regulations) and rules applicable to the National Forest System; and

(ii)

consistent with the purposes described in subsection (a); and

(B)

only allow uses of the Mount Hood National Recreation Area that are consistent with the purposes described in subsection (a).

(2)

Applicable law

Any portion of a wilderness area designated by section 122 that is located within the Mount Hood National Recreation Area shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(e)

Timber

The cutting, sale, or removal of timber within the Mount Hood National Recreation Area may be permitted—

(1)

to the extent necessary to improve the health of the forest in a manner that—

(A)

maximizes the retention of large trees—

(i)

as appropriate to the forest type; and

(ii)

to the extent that the trees promote stands that are fire-resilient and healthy;

(B)

improves the habitats of threatened, endangered, or sensitive species; or

(C)

maintains or restores the composition and structure of the ecosystem by reducing the risk of uncharacteristic wildfire;

(2)

to accomplish an approved management activity in furtherance of the purposes established by this section, if the cutting, sale, or removal of timber is incidental to the management activity; or

(3)

for de minimus personal or administrative use within the Mount Hood National Recreation Area, where such use will not impair the purposes established by this section.

(f)

Road construction

No new or temporary roads shall be constructed or reconstructed within the Mount Hood National Recreation Area except as necessary—

(1)

to protect the health and safety of individuals in cases of an imminent threat of flood, fire, or any other catastrophic event that, without intervention, would cause the loss of life or property;

(2)

to conduct environmental cleanup required by the United States;

(3)

to allow for the exercise of reserved or outstanding rights provided for by a statute or treaty;

(4)

to prevent irreparable resource damage by an existing road; or

(5)

to rectify a hazardous road condition.

(g)

Withdrawal

Subject to valid existing rights, all Federal land within the Mount Hood National Recreation Area is withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under all laws relating to mineral and geothermal leasing.

(h)

Transfer of administrative jurisdiction

(1)

In general

Administrative jurisdiction over the Federal land described in paragraph (2) is transferred from the Bureau of Land Management to the Forest Service.

(2)

Description of land

The land referred to in paragraph (1) is the approximately 130 acres of land administered by the Bureau of Land Management within or adjacent to the Mount Hood National Recreation Area that is identified as BLM Lands on the map entitled National Recreation Areas—Shellrock Mountain, dated February 2007.

125.

Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek

(a)

Crystal Springs Watershed Special Resources Management Unit

(1)

Establishment

(A)

In general

On completion of the land exchange under section 126(a)(2), there shall be established a special resources management unit in the State consisting of certain Federal land managed by the Forest Service, as generally depicted on the map entitled Crystal Springs Watershed Special Resources Management Unit, dated June 2006 (referred to in this subsection as the map), to be known as the Crystal Springs Watershed Special Resources Management Unit (referred to in this subsection as the Management Unit).

(B)

Exclusion of Certain Land

The Management Unit does not include any National Forest System land otherwise covered by subparagraph (A) that is designated as wilderness by section 122.

(C)

Withdrawal

(i)

In general

Subject to valid rights in existence on the date of enactment of this Act, the Federal land designated as the Management Unit is withdrawn from all forms of—

(I)

entry, appropriation, or disposal under the public land laws;

(II)

location, entry, and patent under the mining laws; and

(III)

disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.

(ii)

Exception

Clause (i)(I) does not apply to the parcel of land generally depicted as HES 151 on the map.

(2)

Purposes

The purposes of the Management Unit are—

(A)

to ensure the protection of the quality and quantity of the Crystal Springs watershed as a clean drinking water source for the residents of Hood River County, Oregon; and

(B)

to allow visitors to enjoy the special scenic, natural, cultural, and wildlife values of the Crystal Springs watershed.

(3)

Map and Legal Description

(A)

Submission of legal description

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and a legal description of the Management Unit with—

(i)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

the Committee on Natural Resources of the House of Representatives.

(B)

Force of law

The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.

(C)

Public availability

The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(4)

Administration

(A)

In general

The Secretary shall—

(i)

administer the Management Unit—

(I)

in accordance with the laws (including regulations) and rules applicable to units of the National Forest System; and

(II)

consistent with the purposes described in paragraph (2); and

(ii)

only allow uses of the Management Unit that are consistent with the purposes described in paragraph (2).

(B)

Fuel reduction in proximity to improvements and primary public roads

To protect the water quality, water quantity, and scenic, cultural, natural, and wildlife values of the Management Unit, the Secretary may conduct fuel reduction and forest health management treatments to maintain and restore fire-resilient forest structures containing late successional forest structure characterized by large trees and multistoried canopies, as ecologically appropriate, on National Forest System land in the Management Unit—

(i)

in any area located not more than 400 feet from structures located on—

(I)

National Forest System land; or

(II)

private land adjacent to National Forest System land;

(ii)

in any area located not more than 400 feet from the Cooper Spur Road, the Cloud Cap Road, or the Cooper Spur Ski Area Loop Road; and

(iii)

on any other National Forest System land in the Management Unit, with priority given to activities that restore previously harvested stands, including the removal of logging slash, smaller diameter material, and ladder fuels.

(5)

Prohibited activities

Subject to valid existing rights, the following activities shall be prohibited on National Forest System land in the Management Unit:

(A)

New road construction or renovation of existing non-System roads, except as necessary to protect public health and safety.

(B)

Projects undertaken for the purpose of harvesting commercial timber (other than activities relating to the harvest of merchantable products that are byproducts of activities conducted to further the purposes described in paragraph (2)).

(C)

Commercial livestock grazing.

(D)

The placement of new fuel storage tanks.

(E)

Except to the extent necessary to further the purposes described in paragraph (2), the application of any toxic chemicals (other than fire retardants), including pesticides, rodenticides, or herbicides.

(6)

Forest Road Closures

(A)

In general

Except as provided in subparagraph (B), the Secretary may provide for the closure or gating to the general public of any Forest Service road within the Management Unit.

(B)

Exception

Nothing in this subsection requires the Secretary to close the road commonly known as Cloud Cap Road, which shall be administered in accordance with otherwise applicable law.

(7)

Private Land

(A)

Effect

Nothing in this subsection affects the use of, or access to, any private property within the area identified on the map as the Crystal Springs Zone of Contribution by—

(i)

the owners of the private property; and

(ii)

guests to the private property.

(B)

Cooperation

The Secretary is encouraged to work with private landowners who have agreed to cooperate with the Secretary to further the purposes of this subsection.

(8)

Acquisition of land

(A)

In general

The Secretary may acquire from willing landowners any land located within the area identified on the map as the Crystal Springs Zone of Contribution.

(B)

Inclusion in management unit

On the date of acquisition, any land acquired under subparagraph (A) shall be incorporated in, and be managed as part of, the Management Unit.

(b)

Protections for Upper Big Bottom and Cultus Creek

(1)

In general

The Secretary shall manage the Federal land administered by the Forest Service described in paragraph (2) in a manner that preserves the natural and primitive character of the land for recreational, scenic, and scientific use.

(2)

Description of land

The Federal land referred to in paragraph (1) is—

(A)

the approximately 1,580 acres, as generally depicted on the map entitled Upper Big Bottom, dated July 16, 2007; and

(B)

the approximately 280 acres identified as Cultus Creek on the map entitled Clackamas Wilderness—South Fork Clackamas, dated July 16, 2007.

(3)

Maps and legal descriptions

(A)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the Federal land described in paragraph (2) with—

(i)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

the Committee on Natural Resources of the House of Representatives.

(B)

Force of law

The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the maps and legal descriptions.

(C)

Public availability

Each map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

(4)

Use of land

(A)

In general

Subject to valid existing rights, with respect to the Federal land described in paragraph (2), the Secretary shall only allow uses that are consistent with the purposes identified in paragraph (1).

(B)

Prohibited uses

The following shall be prohibited on the Federal land described in paragraph (2):

(i)

Permanent roads.

(ii)

Commercial enterprises.

(iii)

Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety—

(I)

the use of motor vehicles; or

(II)

the establishment of temporary roads.

(5)

Withdrawal

Subject to valid existing rights, the Federal land described in paragraph (2) is withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under all laws relating to mineral and geothermal leasing.

126.

Land exchanges

(a)

Cooper Spur-Government Camp land exchange

(1)

Definitions

In this subsection:

(A)

County

The term County means Hood River County, Oregon.

(B)

Exchange map

The term exchange map means the map entitled Cooper Spur/Government Camp Land Exchange, dated June 2006.

(C)

Federal land

The term Federal land means the approximately 120 acres of National Forest System land in the Mount Hood National Forest in Government Camp, Clackamas County, Oregon, identified as USFS Land to be Conveyed on the exchange map.

(D)

Mt. Hood Meadows

The term Mt. Hood Meadows means the Mt. Hood Meadows Oregon, Limited Partnership.

(E)

Non-federal land

The term non-Federal land means—

(i)

the parcel of approximately 770 acres of private land at Cooper Spur identified as Land to be acquired by USFS on the exchange map; and

(ii)

any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area covered by an appraisal described in paragraph (2)(D).

(2)

Cooper Spur-Government Camp land exchange

(A)

Conveyance of land

Subject to the provisions of this subsection, if Mt. Hood Meadows offers to convey to the United States all right, title, and interest of Mt. Hood Meadows in and to the non-Federal land, the Secretary shall convey to Mt. Hood Meadows all right, title, and interest of the United States in and to the Federal land (other than any easements reserved under subparagraph (G)), subject to valid existing rights.

(B)

Compliance with existing law

Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).

(C)

Conditions on acceptance

(i)

Title

As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.

(ii)

Terms and conditions

The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.

(D)

Appraisals

(i)

In general

As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.

(ii)

Requirements

An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including—

(I)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(II)

the Uniform Standards of Professional Appraisal Practice.

(E)

Surveys

(i)

In general

The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.

(ii)

Costs

The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Mt. Hood Meadows.

(F)

Deadline for completion of land exchange

It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.

(G)

Reservation of easements

As a condition of the conveyance of the Federal land, the Secretary shall reserve—

(i)

a conservation easement to the Federal land to protect existing wetland, as identified by the Oregon Department of State Lands, that allows equivalent wetland mitigation measures to compensate for minor wetland encroachments necessary for the orderly development of the Federal land; and

(ii)

a trail easement to the Federal land that allows—

(I)

nonmotorized use by the public of existing trails;

(II)

roads, utilities, and infrastructure facilities to cross the trails; and

(III)

improvement or relocation of the trails to accommodate development of the Federal land.

(b)

Port of Cascade Locks land exchange

(1)

Definitions

In this subsection:

(A)

Exchange map

The term exchange map means the map entitled Port of Cascade Locks/Pacific Crest National Scenic Trail Land Exchange, dated June 2006.

(B)

Federal land

The term Federal land means the parcel of land consisting of approximately 10 acres of National Forest System land in the Columbia River Gorge National Scenic Area identified as USFS Land to be conveyed on the exchange map.

(C)

Non-Federal land

The term non-Federal land means the parcels of land consisting of approximately 40 acres identified as Land to be acquired by USFS on the exchange map.

(D)

Port

The term Port means the Port of Cascade Locks, Cascade Locks, Oregon.

(2)

Land exchange, Port of Cascade Locks-Pacific Crest National Scenic Trail

(A)

Conveyance of land

Subject to the provisions of this subsection, if the Port offers to convey to the United States all right, title, and interest of the Port in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the Port all right, title, and interest of the United States in and to the Federal land.

(B)

Compliance with existing law

Except as otherwise provided in this subsection, the Secretary shall carry out the land exchange under this subsection in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).

(3)

Conditions on acceptance

(A)

Title

As a condition of the land exchange under this subsection, title to the non-Federal land to be acquired by the Secretary under this subsection shall be acceptable to the Secretary.

(B)

Terms and conditions

The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.

(4)

Appraisals

(A)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.

(B)

Requirements

An appraisal under subparagraph (A) shall be conducted in accordance with nationally recognized appraisal standards, including—

(i)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(ii)

the Uniform Standards of Professional Appraisal Practice.

(5)

Surveys

(A)

In general

The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.

(B)

Costs

The responsibility for the costs of any surveys conducted under subparagraph (A), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Port.

(6)

Deadline for completion of land exchange

It is the intent of Congress that the land exchange under this subsection shall be completed not later than 16 months after the date of enactment of this Act.

(c)

Hunchback Mountain land exchange and boundary adjustment

(1)

Definitions

In this subsection:

(A)

County

The term County means Clackamas County, Oregon.

(B)

Exchange map

The term exchange map means the map entitled Hunchback Mountain Land Exchange, Clackamas County, dated June 2006.

(C)

Federal land

The term Federal land means the parcel of land consisting of approximately 160 acres of National Forest System land in the Mount Hood National Forest identified as USFS Land to be Conveyed on the exchange map.

(D)

Non-Federal land

The term non-Federal land means the parcel of land consisting of approximately 160 acres identified as Land to be acquired by USFS on the exchange map.

(2)

Hunchback Mountain land exchange

(A)

Conveyance of Land

Subject to the provisions of this paragraph, if the County offers to convey to the United States all right, title, and interest of the County in and to the non-Federal land, the Secretary shall, subject to valid existing rights, convey to the County all right, title, and interest of the United States in and to the Federal land.

(B)

Compliance with existing law

Except as otherwise provided in this paragraph, the Secretary shall carry out the land exchange under this paragraph in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).

(C)

Conditions on acceptance

(i)

Title

As a condition of the land exchange under this paragraph, title to the non-Federal land to be acquired by the Secretary under this paragraph shall be acceptable to the Secretary.

(ii)

Terms and conditions

The conveyance of the Federal land and non-Federal land shall be subject to such terms and conditions as the Secretary may require.

(D)

Appraisals

(i)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall select an appraiser to conduct an appraisal of the Federal land and non-Federal land.

(ii)

Requirements

An appraisal under clause (i) shall be conducted in accordance with nationally recognized appraisal standards, including—

(I)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(II)

the Uniform Standards of Professional Appraisal Practice.

(E)

Surveys

(i)

In general

The exact acreage and legal description of the Federal land and non-Federal land shall be determined by surveys approved by the Secretary.

(ii)

Costs

The responsibility for the costs of any surveys conducted under clause (i), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the County.

(F)

Deadline for completion of land exchange

It is the intent of Congress that the land exchange under this paragraph shall be completed not later than 16 months after the date of enactment of this Act.

(3)

Boundary adjustment

(A)

In general

The boundary of the Mount Hood National Forest shall be adjusted to incorporate—

(i)

any land conveyed to the United States under paragraph (2); and

(ii)

the land transferred to the Forest Service by section 124(h)(1).

(B)

Additions to the National Forest System

The Secretary shall administer the land described in subparagraph (A)—

(i)

in accordance with—

(I)

the Act of March 1, 1911 (commonly known as the Weeks Law) (16 U.S.C. 480 et seq.); and

(II)

any laws (including regulations) applicable to the National Forest System; and

(ii)

subject to sections 122(c)(3) and 124(d), as applicable.

(C)

Land and Water Conservation Fund

For the purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–9), the boundaries of the Mount Hood National Forest modified by this paragraph shall be considered to be the boundaries of the Mount Hood National Forest in existence as of January 1, 1965.

(d)

Conditions on development of Federal land

(1)

Requirements applicable to the conveyance of Federal land

(A)

In general

As a condition of each of the conveyances of Federal land under this section, the Secretary shall include in the deed of conveyance a requirement that applicable construction activities and alterations shall be conducted in accordance with—

(i)

nationally recognized building and property maintenance codes; and

(ii)

nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation.

(B)

Applicable law

To the maximum extent practicable, the codes required under subparagraph (A) shall be consistent with the nationally recognized codes adopted or referenced by the State or political subdivisions of the State.

(C)

Enforcement

The requirements under subparagraph (A) may be enforced by the same entities otherwise enforcing codes, ordinances, and standards.

(2)

Compliance with codes on Federal land

The Secretary shall ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on National Forest System land in the Mount Hood National Forest are conducted in accordance with—

(A)

nationally recognized building and property maintenance codes; and

(B)

nationally recognized codes for development in the wildland-urban interface development and wildfire hazard mitigation.

(3)

Effect on enforcement by States and political subdivisions

Nothing in this subsection alters or limits the power of the State or a political subdivision of the State to implement or enforce any law (including regulations), rule, or standard relating to development or fire prevention and control.

127.

Tribal provisions; planning and studies

(a)

Transportation plan

(1)

In General

The Secretary shall seek to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood region to achieve comprehensive solutions to transportation challenges in the Mount Hood region—

(A)

to promote appropriate economic development;

(B)

to preserve the landscape of the Mount Hood region; and

(C)

to enhance public safety.

(2)

Issues To Be addressed

In participating in the development of the transportation plan under paragraph (1), the Secretary shall seek to address—

(A)

transportation alternatives between and among recreation areas and gateway communities that are located within the Mount Hood region;

(B)

establishing park-and-ride facilities that shall be located at gateway communities;

(C)

establishing intermodal transportation centers to link public transportation, parking, and recreation destinations;

(D)

creating a new interchange on Oregon State Highway 26 located adjacent to or within Government Camp;

(E)

designating, maintaining, and improving alternative routes using Forest Service or State roads for—

(i)

providing emergency routes; or

(ii)

improving access to, and travel within, the Mount Hood region;

(F)

the feasibility of establishing—

(i)

a gondola connection that—

(I)

connects Timberline Lodge to Government Camp; and

(II)

is located in close proximity to the site of the historic gondola corridor; and

(ii)

an intermodal transportation center to be located in close proximity to Government Camp;

(G)

burying power lines located in, or adjacent to, the Mount Hood National Forest along Interstate 84 near the City of Cascade Locks, Oregon; and

(H)

creating mechanisms for funding the implementation of the transportation plan under paragraph (1), including—

(i)

funds provided by the Federal Government;

(ii)

public-private partnerships;

(iii)

incremental tax financing; and

(iv)

other financing tools that link transportation infrastructure improvements with development.

(b)

Mount Hood National Forest stewardship strategy

(1)

In general

The Secretary shall prepare a report on, and implementation schedule for, the vegetation management strategy (including recommendations for biomass utilization) for the Mount Hood National Forest being developed by the Forest Service.

(2)

Submission to Congress

(A)

Report

Not later than 1 year after the date of enactment of this Act, the Secretary shall submit the report to—

(i)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

the Committee on Natural Resources of the House of Representatives.

(B)

Implementation schedule

Not later than 1 year after the date on which the vegetation management strategy referred to in paragraph (1) is completed, the Secretary shall submit the implementation schedule to—

(i)

the Committee on Energy and Natural Resources of the Senate; and

(ii)

the Committee on Natural Resources of the House of Representatives.

(c)

Local and tribal relationships

(1)

Management plan

(A)

In general

The Secretary, in consultation with Indian tribes with treaty-reserved gathering rights on land encompassed by the Mount Hood National Forest and in a manner consistent with the memorandum of understanding entered into between the Department of Agriculture, the Bureau of Land Management, the Bureau of Indian Affairs, and the Confederated Tribes of the Warm Springs Reservation of Oregon, dated April 25, 2003, as modified, shall develop and implement a management plan that meets the cultural foods obligations of the United States under applicable treaties, including the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).

(B)

Effect

This paragraph shall be considered to be consistent with, and is intended to implement, the gathering rights reserved by the treaty described in subparagraph (A).

(2)

Savings provisions regarding relations with Indian tribes

(A)

Treaty Rights

Nothing in this subtitle alters, modifies, enlarges, diminishes, or extinguishes the treaty rights of any Indian tribe, including the off-reservation reserved rights established by the Treaty with the Tribes of Middle Oregon of June 25, 1855 (12 Stat. 963).

(B)

Tribal Land

Nothing in this subtitle affects land held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other land acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes.

(d)

Recreational uses

(1)

Mount Hood National Forest Recreational Working Group

The Secretary may establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in the Mount Hood National Forest.

(2)

Consideration of conversion of forest roads to recreational uses

In considering a Forest Service road in the Mount Hood National Forest for possible closure and decommissioning after the date of enactment of this Act, the Secretary, in accordance with applicable law, shall consider, as an alternative to decommissioning the road, converting the road to recreational uses to enhance recreational opportunities in the Mount Hood National Forest.

(3)

Improved trail access for persons with disabilities

The Secretary, in consultation with the public, may design and construct a trail at a location selected by the Secretary in Mount Hood National Forest suitable for use by persons with disabilities.

D

Copper Salmon Wilderness, Oregon

131.

Designation of the Copper Salmon Wilderness

(a)

Designation

Section 3 of the Oregon Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law 98–328) is amended—

(1)

in the matter preceding paragraph (1), by striking eight hundred fifty-nine thousand six hundred acres and inserting 873,300 acres;

(2)

in paragraph (29), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(30)

certain land in the Siskiyou National Forest, comprising approximately 13,700 acres, as generally depicted on the map entitled Proposed Copper Salmon Wilderness Area and dated December 7, 2007, to be known as the Copper Salmon Wilderness.

.

(b)

Maps and Legal Description

(1)

In General

As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture (referred to in this subtitle as the Secretary) shall file a map and a legal description of the Copper Salmon Wilderness with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2)

Force of Law

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct typographical errors in the map and legal description.

(3)

Boundary

If the boundary of the Copper Salmon Wilderness shares a border with a road, the Secretary may only establish an offset that is not more than 150 feet from the centerline of the road.

(4)

Public Availability

Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.

132.

Wild and Scenic River Designations, Elk River, Oregon

Section 3(a)(76) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(76)) is amended—

(1)

in the matter preceding subparagraph (A), by striking 19-mile segment and inserting 29-mile segment;

(2)

in subparagraph (A), by striking ; and and inserting a period; and

(3)

by striking subparagraph (B) and inserting the following:

(B)
(i)

The approximately 0.6-mile segment of the North Fork Elk from its source in sec. 21, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.

(ii)

The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river.

(C)
(i)

The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of sec. 32, T. 33 S., R. 12 W., Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.

(ii)

The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river.

.

133.

Protection of tribal rights

(a)

In general

Nothing in this subtitle shall be construed as diminishing any right of any Indian tribe.

(b)

Memorandum of understanding

The Secretary shall seek to enter into a memorandum of understanding with the Coquille Indian Tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.

E

Cascade-Siskiyou National Monument, Oregon

141.

Definitions

In this subtitle:

(1)

Box R Ranch land exchange map

The term Box R Ranch land exchange map means the map entitled Proposed Rowlett Land Exchange and dated June 13, 2006.

(2)

Bureau of Land Management land

The term Bureau of Land Management land means the approximately 40 acres of land administered by the Bureau of Land Management identified as Rowlett Selected, as generally depicted on the Box R Ranch land exchange map.

(3)

Deerfield land exchange map

The term Deerfield land exchange map means the map entitled Proposed Deerfield-BLM Property Line Adjustment and dated May 1, 2008.

(4)

Deerfield parcel

The term Deerfield parcel means the approximately 1.5 acres of land identified as From Deerfield to BLM, as generally depicted on the Deerfield land exchange map.

(5)

Federal parcel

The term Federal parcel means the approximately 1.3 acres of land administered by the Bureau of Land Management identified as From BLM to Deerfield, as generally depicted on the Deerfield land exchange map.

(6)

Grazing allotment

The term grazing allotment means any of the Box R, Buck Lake, Buck Mountain, Buck Point, Conde Creek, Cove Creek, Cove Creek Ranch, Deadwood, Dixie, Grizzly, Howard Prairie, Jenny Creek, Keene Creek, North Cove Creek, and Soda Mountain grazing allotments in the State.

(7)

Grazing lease

The term grazing lease means any document authorizing the use of a grazing allotment for the purpose of grazing livestock for commercial purposes.

(8)

Landowner

The term Landowner means the owner of the Box R Ranch in the State.

(9)

Lessee

The term lessee means a livestock operator that holds a valid existing grazing lease for a grazing allotment.

(10)

Livestock

The term livestock does not include beasts of burden used for recreational purposes.

(11)

Monument

The term Monument means the Cascade-Siskiyou National Monument in the State.

(12)

Rowlett parcel

The term Rowlett parcel means the parcel of approximately 40 acres of private land identified as Rowlett Offered, as generally depicted on the Box R Ranch land exchange map.

(13)

Secretary

The term Secretary means the Secretary of the Interior.

(14)

State

The term State means the State of Oregon.

(15)

Wilderness

The term Wilderness means the Soda Mountain Wilderness designated by section 145(a).

(16)

Wilderness map

The term wilderness map means the map entitled Soda Mountain Wilderness and dated May 5, 2008.

142.

Voluntary grazing lease donation program

(a)

Existing grazing leases

(1)

Donation of lease

(A)

Acceptance by Secretary

The Secretary shall accept any grazing lease that is donated by a lessee.

(B)

Termination

The Secretary shall terminate any grazing lease acquired under subparagraph (A).

(C)

No new grazing lease

Except as provided in paragraph (3), with respect to each grazing lease donated under subparagraph (A), the Secretary shall—

(i)

not issue any new grazing lease within the grazing allotment covered by the grazing lease; and

(ii)

ensure a permanent end to livestock grazing on the grazing allotment covered by the grazing lease.

(2)

Donation of portion of grazing lease

(A)

In general

A lessee with a grazing lease for a grazing allotment partially within the Monument may elect to donate only that portion of the grazing lease that is within the Monument.

(B)

Acceptance by Secretary

The Secretary shall accept the portion of a grazing lease that is donated under subparagraph (A).

(C)

Modification of lease

Except as provided in paragraph (3), if a lessee donates a portion of a grazing lease under subparagraph (A), the Secretary shall—

(i)

reduce the authorized grazing level and area to reflect the donation; and

(ii)

modify the grazing lease to reflect the reduced level and area of use.

(D)

Authorized level

To ensure that there is a permanent reduction in the level and area of livestock grazing on the land covered by a portion of a grazing lease donated under subparagraph (A), the Secretary shall not allow grazing to exceed the authorized level and area established under subparagraph (C).

(3)

Common Allotments

(A)

In General

If a grazing allotment covered by a grazing lease or portion of a grazing lease that is donated under paragraph (1) or (2) also is covered by another grazing lease that is not donated, the Secretary shall reduce the grazing level on the grazing allotment to reflect the donation.

(B)

Authorized Level

To ensure that there is a permanent reduction in the level of livestock grazing on the land covered by the grazing lease or portion of a grazing lease donated under paragraph (1) or (2), the Secretary shall not allow grazing to exceed the level established under subparagraph (A).

(b)

Limitations

The Secretary—

(1)

with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument—

(A)

shall not issue any grazing lease; and

(B)

shall ensure a permanent end to livestock grazing on each allotment; and

(2)

shall not establish any new allotments for livestock grazing that include any Monument land (whether leased or not leased for grazing on the date of enactment of this Act).

(c)

Effect of donation

A lessee who donates a grazing lease or a portion of a grazing lease under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable.

143.

Box R Ranch land exchange

(a)

In general

For the purpose of protecting and consolidating Federal land within the Monument, the Secretary—

(1)

may offer to convey to the Landowner the Bureau of Land Management land in exchange for the Rowlett parcel; and

(2)

if the Landowner accepts the offer—

(A)

the Secretary shall convey to the Landowner all right, title, and interest of the United States in and to the Bureau of Land Management land; and

(B)

the Landowner shall convey to the Secretary all right, title, and interest of the Landowner in and to the Rowlett parcel.

(b)

Surveys

(1)

In general

The exact acreage and legal description of the Bureau of Land Management land and the Rowlett parcel shall be determined by surveys approved by the Secretary.

(2)

Costs

The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and the Landowner.

(c)

Conditions

The conveyance of the Bureau of Land Management land and the Rowlett parcel under this section shall be subject to—

(1)

valid existing rights;

(2)

title to the Rowlett parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;

(3)

such terms and conditions as the Secretary may require; and

(4)

except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.

(d)

Appraisals

(1)

In general

The Bureau of Land Management land and the Rowlett parcel shall be appraised by an independent appraiser selected by the Secretary.

(2)

Requirements

An appraisal conducted under paragraph (1) shall be conducted in accordance with—

(A)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(B)

the Uniform Standards of Professional Appraisal Practice.

(3)

Approval

The appraisals conducted under this subsection shall be submitted to the Secretary for approval.

(e)

Grazing allotment

As a condition of the land exchange authorized under this section, the lessee of the grazing lease for the Box R grazing allotment shall donate the Box R grazing lease in accordance with section 142(a)(1).

144.

Deerfield land exchange

(a)

In general

For the purpose of protecting and consolidating Federal land within the Monument, the Secretary—

(1)

may offer to convey to Deerfield Learning Associates the Federal parcel in exchange for the Deerfield parcel; and

(2)

if Deerfield Learning Associates accepts the offer—

(A)

the Secretary shall convey to Deerfield Learning Associates all right, title, and interest of the United States in and to the Federal parcel; and

(B)

Deerfield Learning Associates shall convey to the Secretary all right, title, and interest of Deerfield Learning Associates in and to the Deerfield parcel.

(b)

Surveys

(1)

In general

The exact acreage and legal description of the Federal parcel and the Deerfield parcel shall be determined by surveys approved by the Secretary.

(2)

Costs

The responsibility for the costs of any surveys conducted under paragraph (1), and any other administrative costs of carrying out the land exchange, shall be determined by the Secretary and Deerfield Learning Associates.

(c)

Conditions

(1)

In general

The conveyance of the Federal parcel and the Deerfield parcel under this section shall be subject to—

(A)

valid existing rights;

(B)

title to the Deerfield parcel being acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions;

(C)

such terms and conditions as the Secretary may require; and

(D)

except as otherwise provided in this section, any laws (including regulations) applicable to the conveyance and acquisition of land by the Bureau of Land Management.

(d)

Appraisals

(1)

In general

The Federal parcel and the Deerfield parcel shall be appraised by an independent appraiser selected by the Secretary.

(2)

Requirements

An appraisal conducted under paragraph (1) shall be conducted in accordance with—

(A)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(B)

the Uniform Standards of Professional Appraisal Practice.

(3)

Approval

The appraisals conducted under this subsection shall be submitted to the Secretary for approval.

145.

Soda Mountain Wilderness

(a)

Designation

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), approximately 24,100 acres of Monument land, as generally depicted on the wilderness map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Soda Mountain Wilderness.

(b)

Map and legal description

(1)

Submission of map and legal description

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Wilderness with—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(2)

Force and effect

(A)

In general

The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical error in the map or legal description.

(B)

Notification

The Secretary shall submit to Congress notice of any changes made in the map or legal description under subparagraph (A), including notice of the reason for the change.

(3)

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(c)

Administration of Wilderness

(1)

In general

Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(A)

any reference in the Wilderness Act to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and

(B)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.

(2)

Fire, insect, and disease management activities

Except as provided by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), within the wilderness areas designated by this subtitle, the Secretary may take such measures in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) as are necessary to control fire, insects, and diseases, subject to such terms and conditions as the Secretary determines to be desirable and appropriate.

(3)

Livestock

Except as provided in section 142 and by Presidential Proclamation Number 7318, dated June 9, 2000 (65 Fed. Reg. 37247), the grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary in accordance with—

(A)

section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and

(B)

the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101–405).

(4)

Fish and wildlife management

In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.

(5)

Incorporation of acquired land and interests

Any land or interest in land within the boundary of the Wilderness that is acquired by the United States shall—

(A)

become part of the Wilderness; and

(B)

be managed in accordance with this subtitle, the Wilderness Act (16 U.S.C. 1131 et seq.), and any other applicable law.

146.

Effect

Nothing in this subtitle—

(1)

affects the authority of a Federal agency to modify or terminate grazing permits or leases, except as provided in section 142;

(2)

authorizes the use of eminent domain;

(3)

creates a property right in any grazing permit or lease on Federal land;

(4)

establishes a precedent for future grazing permit or lease donation programs; or

(5)

affects the allocation, ownership, interest, or control, in existence on the date of enactment of this Act, of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a State, or a private individual, partnership, or corporation.

F

Owyhee Public Land Management

151.

Definitions

In this subtitle:

(1)

Account

The term account means the Owyhee Land Acquisition Account established by section 155(b)(1).

(2)

County

The term County means Owyhee County, Idaho.

(3)

Owyhee Front

The term Owyhee Front means the area of the County from Jump Creek on the west to Mud Flat Road on the east and draining north from the crest of the Silver City Range to the Snake River.

(4)

Plan

The term plan means a travel management plan for motorized and mechanized off-highway vehicle recreation prepared under section 157.

(5)

Public land

The term public land has the meaning given the term in section 103(e) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702(e)).

(6)

Secretary

The term Secretary means the Secretary of the Interior.

(7)

State

The term State means the State of Idaho.

(8)

Tribes

The term Tribes means the Shoshone Pauite Tribes of the Duck Valley Reservation.

152.

Owyhee Science Review and Conservation Center

(a)

Establishment

The Secretary, in coordination with the Tribes, State, and County, and in consultation with the University of Idaho, Federal grazing permittees, and public, shall establish the Owyhee Science Review and Conservation Center in the County to conduct research projects to address natural resources management issues affecting public and private rangeland in the County.

(b)

Purpose

The purpose of the center established under subsection (a) shall be to facilitate the collection and analysis of information to provide Federal and State agencies, the Tribes, the County, private landowners, and the public with information on improved rangeland management.

153.

Wilderness areas

(a)

Wilderness areas designation

(1)

In general

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness areas and as components of the National Wilderness Preservation System:

(A)

Big jacks creek wilderness

Certain land comprising approximately 52,826 acres, as generally depicted on the map entitled Little Jacks Creek and Big Jacks Creek Wilderness and dated May 5, 2008, which shall be known as the Big Jacks Creek Wilderness.

(B)

Bruneau-jarbidge rivers wilderness

Certain land comprising approximately 89,996 acres, as generally depicted on the map entitled Bruneau-Jarbidge Rivers Wilderness and dated May 5, 2008, which shall be known as the Bruneau-Jarbidge Rivers Wilderness.

(C)

Little jacks creek wilderness

Certain land comprising approximately 50,929 acres, as generally depicted on the map entitled Little Jacks Creek and Big Jacks Creek Wilderness and dated May 5, 2008, which shall be known as the Little Jacks Creek Wilderness.

(D)

North fork owyhee wilderness

Certain land comprising approximately 43,413 acres, as generally depicted on the map entitled North Fork Owyhee and Pole Creek Wilderness and dated May 5, 2008, which shall be known as the North Fork Owyhee Wilderness.

(E)

Owyhee river wilderness

Certain land comprising approximately 267,328 acres, as generally depicted on the map entitled Owyhee River Wilderness and dated May 5, 2008, which shall be known as the Owyhee River Wilderness.

(F)

Pole creek wilderness

Certain land comprising approximately 12,533 acres, as generally depicted on the map entitled North Fork Owyhee and Pole Creek Wilderness and dated May 5, 2008, which shall be known as the Pole Creek Wilderness.

(2)

Maps and legal descriptions

(A)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description for each area designated as wilderness by this subtitle.

(B)

Effect

Each map and legal description submitted under subparagraph (A) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct minor errors in the map or legal description.

(C)

Availability

Each map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of the Bureau of Land Management.

(3)

Release of wilderness study areas

(A)

In general

Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in the County administered by the Bureau of Land Management has been adequately studied for wilderness designation.

(B)

Release

Any public land referred to in subparagraph (A) that is not designated as wilderness by this subtitle—

(i)

is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

(ii)

shall be managed in accordance with the applicable land use plan adopted under section 202 of that Act (43 U.S.C. 1712).

(b)

Administration

(1)

In general

Subject to valid existing rights, each area designated as wilderness by this subtitle shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(A)

any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and

(B)

any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior.

(2)

Withdrawal

Subject to valid existing rights, the Federal land designated as wilderness by this subtitle is withdrawn from all forms of—

(A)

entry, appropriation, or disposal under the public land laws;

(B)

location, entry, and patent under the mining laws; and

(C)

disposition under the mineral leasing, mineral materials, and geothermal leasing laws.

(3)

Livestock

(A)

In general

In the wilderness areas designated by this subtitle, the grazing of livestock in areas in which grazing is established as of the date of enactment of this Act shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers necessary, consistent with section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines described in Appendix A of House Report 101–405.

(B)

Inventory

Not later than 1 year after the date of enactment of this Act, the Secretary shall conduct an inventory of existing facilities and improvements associated with grazing activities in the wilderness areas and wild and scenic rivers designated by this subtitle.

(C)

Fencing

The Secretary may construct and maintain fencing around wilderness areas designated by this subtitle as the Secretary determines to be appropriate to enhance wilderness values.

(D)

Donation of grazing permits or leases

(i)

Acceptance by Secretary

The Secretary shall accept the donation of any valid existing permits or leases authorizing grazing on public land, all or a portion of which is within the wilderness areas designated by this subtitle.

(ii)

Termination

With respect to each permit or lease donated under clause (i), the Secretary shall—

(I)

terminate the grazing permit or lease; and

(II)

except as provided in clause (iii), ensure a permanent end to grazing on the land covered by the permit or lease.

(iii)

Common allotments

(I)

In general

If the land covered by a permit or lease donated under clause (i) is also covered by another valid existing permit or lease that is not donated under clause (i), the Secretary shall reduce the authorized grazing level on the land covered by the permit or lease to reflect the donation of the permit or lease under clause (i).

(II)

Authorized level

To ensure that there is a permanent reduction in the level of grazing on the land covered by a permit or lease donated under clause (i), the Secretary shall not allow grazing use to exceed the authorized level established under subclause (I).

(iv)

Partial donation

(I)

In general

If a person holding a valid grazing permit or lease donates less than the full amount of grazing use authorized under the permit or lease, the Secretary shall—

(aa)

reduce the authorized grazing level to reflect the donation; and

(bb)

modify the permit or lease to reflect the revised level of use.

(II)

Authorized level

To ensure that there is a permanent reduction in the authorized level of grazing on the land covered by a permit or lease donated under subclause (I), the Secretary shall not allow grazing use to exceed the authorized level established under that subclause.

(4)

Acquisition of land and interests in land

(A)

In general

Consistent with applicable law, the Secretary may acquire land or interests in land within the boundaries of the wilderness areas designated by this subtitle by purchase, donation, or exchange.

(B)

Incorporation of acquired land

Any land or interest in land in, or adjoining the boundary of, a wilderness area designated by this subtitle that is acquired by the United States shall be added to, and administered as part of, the wilderness area in which the acquired land or interest in land is located.

(5)

Trail plan

(A)

In general

The Secretary, after providing opportunities for public comment, shall establish a trail plan that addresses hiking and equestrian trails on the land designated as wilderness by this subtitle, in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).

(B)

Report

Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress a report that describes the implementation of the trail plan.

(6)

Outfitting and guide activities

Consistent with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)), commercial services (including authorized outfitting and guide activities) are authorized in wilderness areas designated by this subtitle to the extent necessary for activities that fulfill the recreational or other wilderness purposes of the areas.

(7)

Access to private property

In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall provide any owner of private property within the boundary of a wilderness area designated by this subtitle adequate access to the property.

(8)

Fish and wildlife

(A)

In general

Nothing in this subtitle affects the jurisdiction of the State with respect to fish and wildlife on public land in the State.

(B)

Management activities

(i)

In general

In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities that are necessary to maintain or restore fish and wildlife populations and habitats in the wilderness areas designated by this subtitle, if the management activities are—

(I)

consistent with relevant wilderness management plans; and

(II)

conducted in accordance with appropriate policies, such as the policies established in Appendix B of House Report 101–405.

(ii)

Inclusions

Management activities under clause (i) may include the occasional and temporary use of motorized vehicles, if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values while causing the minimum impact necessary to accomplish those tasks.

(C)

Existing activities

Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies, such as those established in Appendix B of House Report 101–405, the State may use aircraft (including helicopters) in the wilderness areas designated by this subtitle to survey, capture, transplant, monitor, and provide water for wildlife populations, including bighorn sheep, and feral stock, feral horses, and feral burros.

(9)

Wildfire, insect, and disease management

Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take any measures that the Secretary determines to be necessary to control fire, insects, and diseases, including, as the Secretary determines appropriate, the coordination of those activities with a State or local agency.

(10)

Adjacent management

(A)

In general

The designation of a wilderness area by this subtitle shall not create any protective perimeter or buffer zone around the wilderness area.

(B)

Nonwilderness activities

The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area designated by this subtitle shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.

(11)

Military overflights

Nothing in this subtitle restricts or precludes—

(A)

low-level overflights of military aircraft over the areas designated as wilderness by this subtitle, including military overflights that can be seen or heard within the wilderness areas;

(B)

flight testing and evaluation; or

(C)

the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.

(12)

Water rights

(A)

In general

The designation of areas as wilderness by subsection (a) shall not create an express or implied reservation by the United States of any water or water rights for wilderness purposes with respect to such areas.

(B)

Exclusions

This paragraph does not apply to any components of the National Wild and Scenic Rivers System designated by section 154.

154.

Designation of wild and scenic rivers

(a)

In general

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 123(a)(1)) is amended by adding at the end the following:

(180)

Battle creek, Idaho

The 23.4 miles of Battle Creek from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(181)

Big jacks creek, Idaho

The 35.0 miles of Big Jacks Creek from the downstream border of the Big Jacks Creek Wilderness in sec. 8, T. 8 S., R. 4 E., to the point at which it enters the NW 1/4 of sec. 26, T. 10 S., R. 2 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.

(182)

Bruneau river, Idaho

(A)

In general

Except as provided in subparagraph (B), the 39.3-mile segment of the Bruneau River from the downstream boundary of the Bruneau-Jarbidge Wilderness to the upstream confluence with the west fork of the Bruneau River, to be administered by the Secretary of the Interior as a wild river.

(B)

Exception

Notwithstanding subparagraph (A), the 0.6-mile segment of the Bruneau River at the Indian Hot Springs public road access shall be administered by the Secretary of the Interior as a recreational river.

(183)

West fork bruneau river, Idaho

The approximately 0.35 miles of the West Fork of the Bruneau River from the confluence with the Jarbidge River to the downstream boundary of the Bruneau Canyon Grazing Allotment in the SE/NE of sec. 5, T. 13 S., R. 7 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.

(184)

Cottonwood creek, Idaho

The 2.6 miles of Cottonwood Creek from the confluence with Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.

(185)

Deep creek, Idaho

The 13.1-mile segment of Deep Creek from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness in sec. 30, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.

(186)

Dickshooter creek, Idaho

The 9.25 miles of Dickshooter Creek from the confluence with Deep Creek to a point on the stream 1/4 mile due west of the east boundary of sec. 16, T. 12 S., R. 2 W., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.

(187)

Duncan creek, Idaho

The 0.9-mile segment of Duncan Creek from the confluence with Big Jacks Creek upstream to the east boundary of sec. 18, T. 10 S., R. 4 E., Boise Meridian, to be administered by the Secretary of the Interior as a wild river.

(188)

Jarbidge river, Idaho

The 28.8 miles of the Jarbidge River from the confluence with the West Fork Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.

(189)

Little jacks creek, Idaho

The 12.4 miles of Little Jacks Creek from the downstream boundary of the Little Jacks Creek Wilderness, upstream to the mouth of OX Prong Creek, to be administered by the Secretary of the Interior as a wild river.

(190)

North fork owyhee river, Idaho

The following segments of the North Fork of the Owyhee River, to be administered by the Secretary of the Interior:

(A)

The 5.7-mile segment from the Idaho-Oregon State border to the upstream boundary of the private land at the Juniper Mt. Road crossing, as a recreational river.

(B)

The 15.1-mile segment from the upstream boundary of the North Fork Owyhee River recreational segment designated in paragraph (A) to the upstream boundary of the North Fork Owyhee River Wilderness, as a wild river.

(191)

Owyhee river, Idaho

(A)

In general

Subject to subparagraph (B), the 67.3 miles of the Owyhee River from the Idaho-Oregon State border to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(B)

Access

The Secretary of the Interior shall allow for continued access across the Owyhee River at Crutchers Crossing, subject to such terms and conditions as the Secretary of the Interior determines to be necessary.

(192)

Red canyon, Idaho

The 4.6 miles of Red Canyon from the confluence of the Owyhee River to the upstream boundary of the Owyhee River Wilderness, to be administered by the Secretary of the Interior as a wild river.

(193)

Sheep creek, Idaho

The 25.6 miles of Sheep Creek from the confluence with the Bruneau River to the upstream boundary of the Bruneau-Jarbidge Rivers Wilderness, to be administered by the Secretary of the Interior as a wild river.

(194)

South fork owyhee river, Idaho

(A)

In general

Except as provided in subparagraph (B), the 31.4-mile segment of the South Fork of the Owyhee River upstream from the confluence with the Owyhee River to the upstream boundary of the Owyhee River Wilderness at the Idaho–Nevada State border, to be administered by the Secretary of the Interior as a wild river.

(B)

Exception

Notwithstanding subparagraph (A), the 1.2-mile segment of the South Fork of the Owyhee River from the point at which the river enters the southernmost boundary to the point at which the river exits the northernmost boundary of private land in sec. 25 and 26, T. 14 S., R. 5 W., Boise Meridian, shall be administered by the Secretary of the Interior as a recreational river.

(195)

Wickahoney creek, Idaho

The 1.5 miles of Wickahoney Creek from the confluence of Big Jacks Creek to the upstream boundary of the Big Jacks Creek Wilderness, to be administered by the Secretary of the Interior as a wild river.

.

(b)

Boundaries

Notwithstanding section 3(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(b)), the boundary of a river segment designated as a component of the National Wild and Scenic Rivers System under this subtitle shall extend not more than the shorter of—

(1)

an average distance of 1/4 mile from the high water mark on both sides of the river segment; or

(2)

the distance to the nearest confined canyon rim.

(c)

Land acquisition

The Secretary shall not acquire any private land within the exterior boundary of a wild and scenic river corridor without the consent of the owner.

155.

Land identified for disposal

(a)

In general

Consistent with applicable law, the Secretary may sell public land located within the Boise District of the Bureau of Land Management that, as of the date of enactment of this Act, has been identified for disposal in appropriate resource management plans.

(b)

Use of proceeds

(1)

In general

Notwithstanding any other provision of law (other than a law that specifically provides for a proportion of the proceeds of a land sale to be distributed to any trust fund of the State), proceeds from the sale of public land under subsection (a) shall be deposited in a separate account in the Treasury of the United States to be known as the Owyhee Land Acquisition Account.

(2)

Availability

(A)

In general

Amounts in the account shall be available to the Secretary, without further appropriation, to purchase land or interests in land in, or adjacent to, the wilderness areas designated by this subtitle, including land identified as Proposed for Acquisition on the maps described in section 153(a)(1).

(B)

Applicable law

Any purchase of land or interest in land under subparagraph (A) shall be in accordance with applicable law.

(3)

Applicability

This subsection applies to public land within the Boise District of the Bureau of Land Management sold on or after January 1, 2008.

(c)

Termination of authority

(1)

In general

The authority provided under this section terminates on the earlier of—

(A)

the date that is 10 years after the date of enactment of this Act; or

(B)

the date on which a total of $8,000,000 from the account is expended.

(2)

Availability of amounts

Any amounts remaining in the account on the termination of authority under this section shall be—

(A)

credited as sales of public land in the State;

(B)

transferred to the Federal Land Disposal Account established under section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and

(C)

used in accordance with that subtitle.

156.

Tribal cultural resources

(a)

Coordination

The Secretary shall coordinate with the Tribes in the implementation of the Shoshone Paiute Cultural Resource Protection Plan.

(b)

Agreements

The Secretary shall seek to enter into agreements with the Tribes to implement the Shoshone Paiute Cultural Resource Protection Plan to protect cultural sites and resources important to the continuation of the traditions and beliefs of the Tribes.

157.

Recreational travel management plans

(a)

In general

In accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the Secretary shall, in coordination with the Tribes, State, and County, prepare 1 or more travel management plans for motorized and mechanized off-highway vehicle recreation for the land managed by the Bureau of Land Management in the County.

(b)

Inventory

Before preparing the plan under subsection (a), the Secretary shall conduct resource and route inventories of the area covered by the plan.

(c)

Limitation to designated routes

(1)

In general

Except as provided in paragraph (2), the plan shall limit recreational motorized and mechanized off-highway vehicle use to a system of designated roads and trails established by the plan.

(2)

Exception

Paragraph (1) shall not apply to snowmobiles.

(d)

Temporary limitation

(1)

In general

Except as provided in paragraph (2), until the date on which the Secretary completes the plan, all recreational motorized and mechanized off-highway vehicle use shall be limited to roads and trails lawfully in existence on the day before the date of enactment of this Act.

(2)

Exception

Paragraph (1) shall not apply to—

(A)

snowmobiles; or

(B)

areas specifically identified as open, closed, or limited in the Owyhee Resource Management Plan.

(e)

Schedule

(1)

Owyhee front

It is the intent of Congress that, not later than 1 year after the date of enactment of this Act, the Secretary shall complete a transportation plan for the Owyhee Front.

(2)

Other bureau of land management land in the County

It is the intent of Congress that, not later than 3 years after the date of enactment of this Act, the Secretary shall complete a transportation plan for Bureau of Land Management land in the County outside the Owyhee Front.

158.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

G

Boundary adjustment, Frank Church River of No Return Wilderness

161.

Purposes

The purposes of this subtitle are—

(1)

to adjust the boundaries of the wilderness area; and

(2)

to authorize the Secretary to sell the land designated for removal from the wilderness area due to encroachment.

162.

Definitions

In this subtitle:

(1)

Land designated for exclusion

The term land designated for exclusion means the parcel of land that is—

(A)

comprised of approximately 10.2 acres of land;

(B)

generally depicted on the survey plat entitled Proposed Boundary Change FCRONRW Sections 15 (unsurveyed) Township 14 North, Range 13 East, B.M., Custer County, Idaho and dated November 14, 2001; and

(C)

more particularly described in the survey plat and legal description on file in—

(i)

the office of the Chief of the Forest Service, Washington, DC; and

(ii)

the office of the Intermountain Regional Forester, Ogden, Utah.

(2)

Land designated for inclusion

The term land designated for inclusion means the parcel of National Forest System land that is—

(A)

comprised of approximately 10.2 acres of land;

(B)

located in unsurveyed section 22, T. 14 N., R. 13 E., Boise Meridian, Custer County, Idaho;

(C)

generally depicted on the map entitled Challis National Forest, T.14 N., R. 13 E., B.M., Custer County, Idaho, Proposed Boundary Change FCRONRW and dated September 19, 2007; and

(D)

more particularly described on the map and legal description on file in—

(i)

the office of the Chief of the Forest Service, Washington, DC; and

(ii)

the Intermountain Regional Forester, Ogden, Utah.

(3)

Secretary

The term Secretary means the Secretary of Agriculture.

(4)

Wilderness area

The term wilderness area means the Frank Church River of No Return Wilderness designated by section 3 of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1132 note; 94 Stat. 948).

163.

Boundary adjustment

(a)

Adjustment to wilderness area

(1)

Inclusion

The wilderness area shall include the land designated for inclusion.

(2)

Exclusion

The wilderness area shall not include the land designated for exclusion.

(b)

Corrections to legal descriptions

The Secretary may make corrections to the legal descriptions.

164.

Conveyance of land designated for exclusion

(a)

In general

Subject to subsection (b), to resolve the encroachment on the land designated for exclusion, the Secretary may sell for consideration in an amount equal to fair market value—

(1)

the land designated for exclusion; and

(2)

as the Secretary determines to be necessary, not more than 10 acres of land adjacent to the land designated for exclusion.

(b)

Conditions

The sale of land under subsection (a) shall be subject to the conditions that—

(1)

the land to be conveyed be appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions;

(2)

the person buying the land shall pay—

(A)

the costs associated with appraising and, if the land needs to be resurveyed, resurveying the land; and

(B)

any analyses and closing costs associated with the conveyance;

(3)

for management purposes, the Secretary may reconfigure the description of the land for sale; and

(4)

the owner of the adjacent private land shall have the first opportunity to buy the land.

(c)

Disposition of proceeds

(1)

In general

The Secretary shall deposit the cash proceeds from a sale of land under subsection (a) in the fund established under Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C. 484a).

(2)

Availability and use

Amounts deposited under paragraph (1)—

(A)

shall remain available until expended for the acquisition of land for National Forest purposes in the State of Idaho; and

(B)

shall not be subject to transfer or reprogramming for—

(i)

wildland fire management; or

(ii)

any other emergency purposes.

H

Rocky Mountain National Park Wilderness

171.

Definitions

In this subtitle:

(1)

Map

The term map means the map entitled Rocky Mountain National Park Wilderness Act of 2007 and dated September 2006.

(2)

Park

The term Park means Rocky Mountain National Park located in the State of Colorado.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Trail

The term Trail means the East Shore Trail established under section 174(a).

(5)

Wilderness

The term Wilderness means the wilderness designated by section 172(a).

172.

Rocky Mountain National Park Wilderness

(a)

Designation

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), there is designated as wilderness and as a component of the National Wilderness Preservation System approximately 249,339 acres of land in the Park, as generally depicted on the map.

(b)

Map and boundary description

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall—

(A)

prepare a map and boundary description of the Wilderness; and

(B)

submit the map and boundary description prepared under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.

(2)

Availability; force of law

The map and boundary description submitted under paragraph (1)(B) shall—

(A)

be on file and available for public inspection in appropriate offices of the National Park Service; and

(B)

have the same force and effect as if included in this subtitle.

(c)

Inclusion of potential wilderness

(1)

In general

On publication in the Federal Register of a notice by the Secretary that all uses inconsistent with the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased on the land identified on the map as a Potential Wilderness Area, the land shall be—

(A)

included in the Wilderness; and

(B)

administered in accordance with subsection (e).

(2)

Boundary description

On inclusion in the Wilderness of the land referred to in paragraph (1), the Secretary shall modify the map and boundary description submitted under subsection (b) to reflect the inclusion of the land.

(d)

Exclusion of certain land

The following areas are specifically excluded from the Wilderness:

(1)

The Grand River Ditch (including the main canal of the Grand River Ditch and a branch of the main canal known as the Specimen Ditch), the right-of-way for the Grand River Ditch, land 200 feet on each side of the center line of the Grand River Ditch, and any associated appurtenances, structures, buildings, camps, and work sites in existence as of June 1, 1998.

(2)

Land owned by the St. Vrain & Left Hand Water Conservancy District, including Copeland Reservoir and the Inlet Ditch to the Reservoir from North St. Vrain Creek, comprising approximately 35.38 acres.

(3)

Land owned by the Wincenstsen-Harms Trust, comprising approximately 2.75 acres.

(4)

Land within the area depicted on the map as the East Shore Trail Area.

(e)

Administration

Subject to valid existing rights, any land designated as wilderness under this section or added to the Wilderness after the date of enactment of this Act under subsection (c) shall be administered by the Secretary in accordance with this subtitle and the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1)

any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act, or the date on which the additional land is added to the Wilderness, respectively; and

(2)

any reference in the Wilderness Act (16 U.S.C. 1131 et seq.) to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

(f)

Water rights

(1)

Findings

Congress finds that—

(A)

the United States has existing rights to water within the Park;

(B)

the existing water rights are sufficient for the purposes of the Wilderness; and

(C)

based on the findings described in subparagraphs (A) and (B), there is no need for the United States to reserve or appropriate any additional water rights to fulfill the purposes of the Wilderness.

(2)

Effect

Nothing in this subtitle—

(A)

constitutes an express or implied reservation by the United States of water or water rights for any purpose; or

(B)

modifies or otherwise affects any existing water rights held by the United States for the Park.

(g)

Fire, insect, and disease control

The Secretary may take such measures in the Wilderness as are necessary to control fire, insects, and diseases, as are provided for in accordance with—

(1)

the laws applicable to the Park; and

(2)

the Wilderness Act (16 U.S.C. 1131 et seq.).

173.

Grand River Ditch and Colorado-Big Thompson projects

(a)

Conditional waiver of strict liability

During any period in which the Water Supply and Storage Company (or any successor in interest to the company with respect to the Grand River Ditch) operates and maintains the portion of the Grand River Ditch in the Park in compliance with an operations and maintenance agreement between the Water Supply and Storage Company and the National Park Service, the provisions of paragraph (6) of the stipulation approved June 28, 1907—

(1)

shall be suspended; and

(2)

shall not be enforceable against the Company (or any successor in interest).

(b)

Agreement

The agreement referred to in subsection (a) shall—

(1)

ensure that—

(A)

Park resources are managed in accordance with the laws generally applicable to the Park, including—

(i)

the Act of January 26, 1915 (16 U.S.C. 191 et seq.); and

(ii)

the National Park Service Organic Act (16 U.S.C. 1 et seq.);

(B)

Park land outside the right-of-way corridor remains unimpaired consistent with the National Park Service management policies in effect as of the date of enactment of this Act; and

(C)

any use of Park land outside the right-of-way corridor (as of the date of enactment of this Act) shall be permitted only on a temporary basis, subject to such terms and conditions as the Secretary determines to be necessary; and

(2)

include stipulations with respect to—

(A)

flow monitoring and early warning measures;

(B)

annual and periodic inspections;

(C)

an annual maintenance plan;

(D)

measures to identify on an annual basis capital improvement needs; and

(E)

the development of plans to address the needs identified under subparagraph (D).

(c)

Limitation

Nothing in this section limits or otherwise affects—

(1)

the liability of any individual or entity for damages to, loss of, or injury to any resource within the Park resulting from any cause or event that occurred before the date of enactment of this Act; or

(2)

Public Law 101–337 (16 U.S.C. 19jj et seq), including the defenses available under that Act for damage caused—

(A)

solely by—

(i)

an act of God;

(ii)

an act of war; or

(iii)

an act or omission of a third party (other than an employee or agent); or

(B)

by an activity authorized by Federal or State law.

(d)

Colorado-big thompson project and windy gap project

(1)

In general

Nothing in this subtitle, including the designation of the Wilderness, prohibits or affects current and future operation and maintenance activities in, under, or affecting the Wilderness that were allowed as of the date of enactment of this Act under the Act of January 26, 1915 (16 U.S.C. 191), relating to the Alva B. Adams Tunnel or other Colorado–Big Thompson Project facilities located within the Park.

(2)

Alva B. Adams Tunnel

Nothing in this subtitle, including the designation of the Wilderness, prohibits or restricts the conveyance of water through the Alva B. Adams Tunnel for any purpose.

(e)

Right-of-way

Use of water transported by the Grand River Ditch for 1 or more purposes other than irrigation shall not terminate or adversely affect the right-of-way of the Grand River Ditch if the Secretary determines that the change in purpose or use does not adversely affect the Park.

(f)

New reclamation projects

Nothing in the first section of the Act of January 26, 1915 (16 U.S.C. 191), shall be construed to allow development in the Wilderness of any reclamation project not in existence as of the date of enactment of this Act.

(g)

Clarification of management authority

Nothing in this section reduces or limits the authority of the Secretary to manage land and resources within the Park under applicable law.

174.

East Shore Trail Area

(a)

In General

Not later than 1 year after the date of enactment of this Act, the Secretary shall establish within the East Shore Trail Area in the Park an alignment line for a trail, to be known as the East Shore Trail, to maximize the opportunity for sustained use of the Trail without causing—

(1)

harm to affected resources; or

(2)

conflicts among users.

(b)

Boundaries

(1)

In general

After establishing the alignment line for the Trail under subsection (a), the Secretary shall—

(A)

identify the boundaries of the Trail, which shall not extend more than 25 feet east of the alignment line or be located within the Wilderness; and

(B)

modify the map of the Wilderness prepared under section 172(b)(1)(A) so that the western boundary of the Wilderness is 50 feet east of the alignment line.

(2)

Adjustments

To the extent necessary to protect Park resources, the Secretary may adjust the boundaries of the Trail, if the adjustment does not place any portion of the Trail within the boundary of the Wilderness.

(c)

Inclusion in Wilderness

On completion of the construction of the Trail, as authorized by the Secretary—

(1)

any portion of the East Shore Trail Area that is not traversed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail shall be—

(A)

included in the Wilderness; and

(B)

managed as part of the Wilderness in accordance with section 172; and

(2)

the Secretary shall modify the map and boundary description of the Wilderness prepared under section 172(b)(1)(A) to reflect the inclusion of the East Shore Trail Area land in the Wilderness.

(d)

Effect

Nothing in this section—

(1)

requires the construction of the Trail along the alignment line established under subsection (a); or

(2)

limits the extent to which any otherwise applicable law or policy applies to any decision with respect to the construction of the Trail.

(e)

Relation to land outside wilderness

(1)

In general

Except as provided in this subsection, nothing in this subtitle affects the management or use of any land not included within the boundaries of the Wilderness or the potential wilderness land.

(2)

Motorized vehicles and machinery

No use of motorized vehicles or other motorized machinery that was not permitted on March 1, 2006, shall be allowed in the East Shore Trail Area except as the Secretary determines to be necessary for use in—

(A)

constructing the Trail, if the construction is authorized by the Secretary; or

(B)

maintaining the Trail.

(3)

Management of land before inclusion

Until the Secretary authorizes the construction of the Trail and the use of the Trail for non-motorized bicycles, the East Shore Trail Area shall be managed—

(A)

to protect any wilderness characteristics of the East Shore Trail Area; and

(B)

to maintain the suitability of the East Shore Trail Area for inclusion in the Wilderness.

175.

National forest area boundary adjustments

(a)

Indian peaks wilderness boundary adjustment

Section 3(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 1132 note; Public Law 95–450) is amended—

(1)

by striking seventy thousand acres and inserting 74,195 acres; and

(2)

by striking , dated July 1978 and inserting and dated May 2007.

(b)

Arapaho national recreation area boundary adjustment

Section 4(a) of the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act (16 U.S.C. 460jj(a)) is amended—

(1)

by striking thirty-six thousand two hundred thirty-five acres and inserting 35,235 acres; and

(2)

by striking , dated July 1978 and inserting and dated May 2007.

176.

Authority to lease Leiffer tract

(a)

In general

Section 3(k) of Public Law 91–383 (16 U.S.C. 1a–2(k)) shall apply to the parcel of land described in subsection (b).

(b)

Description of the Land

The parcel of land referred to in subsection (a) is the parcel of land known as the Leiffer tract that is—

(1)

located near the eastern boundary of the Park in Larimer County, Colorado; and

(2)

administered by the National Park Service.

II

Bureau of Land Management Authorizations

A

National Landscape Conservation System

201.

Definitions

In this subtitle:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

System

The term system means the National Landscape Conservation System established by section 202(a).

202.

Establishment of the National Landscape Conservation System

(a)

Establishment

In order to conserve, protect, and restore nationally significant landscapes that have outstanding cultural, ecological, and scientific values for the benefit of current and future generations, there is established in the Bureau of Land Management the National Landscape Conservation System.

(b)

Components

The system shall include each of the following areas administered by the Bureau of Land Management:

(1)

Each area that is designated as—

(A)

a national monument;

(B)

a national conservation area;

(C)

a wilderness study area;

(D)

a national scenic trail or national historic trail designated as a component of the National Trails System;

(E)

a component of the National Wild and Scenic Rivers System; or

(F)

a component of the National Wilderness Preservation System.

(2)

Any area designated by Congress to be administered for conservation purposes, including—

(A)

the Steens Mountain Cooperative Management and Protection Area;

(B)

the Headwaters Forest Reserve;

(C)

the Yaquina Head Outstanding Natural Area; and

(D)

any additional area designated by Congress for inclusion in the system.

(c)

Management

The Secretary shall manage the system—

(1)

in accordance with any applicable law (including regulations) relating to any component of the system included under subsection (b); and

(2)

in a manner that protects the values for which the components of the system were designated.

203.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

B

Prehistoric Trackways National Monument

211.

Findings

Congress finds that—

(1)

in 1987, a major deposit of Paleozoic Era fossilized footprint megatrackways was discovered in the Robledo Mountains in southern New Mexico;

(2)

the trackways contain footprints of numerous amphibians, reptiles, and insects (including previously unknown species), plants, and petrified wood dating back approximately 280,000,000 years, which collectively provide new opportunities to understand animal behaviors and environments from a time predating the dinosaurs;

(3)

title III of Public Law 101–578 (104 Stat. 2860)—

(A)

provided interim protection for the site at which the trackways were discovered; and

(B)

directed the Secretary of the Interior to—

(i)

prepare a study assessing the significance of the site; and

(ii)

based on the study, provide recommendations for protection of the paleontological resources at the site;

(4)

the Bureau of Land Management completed the Paleozoic Trackways Scientific Study Report in 1994, which characterized the site as containing the most scientifically significant Early Permian tracksites in the world;

(5)

despite the conclusion of the study and the recommendations for protection, the site remains unprotected and many irreplaceable trackways specimens have been lost to vandalism or theft; and

(6)

designation of the trackways site as a National Monument would protect the unique fossil resources for present and future generations while allowing for public education and continued scientific research opportunities.

212.

Definitions

In this subtitle:

(1)

Monument

The term Monument means the Prehistoric Trackways National Monument established by section 213(a).

(2)

Public land

The term public land has the meaning given the term public lands in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702).

(3)

Secretary

The term Secretary means the Secretary of the Interior.

213.

Establishment

(a)

In general

In order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of the public land described in subsection (b), there is established the Prehistoric Trackways National Monument in the State of New Mexico.

(b)

Description of land

The Monument shall consist of approximately 5,280 acres of public land in Doña Ana County, New Mexico, as generally depicted on the map entitled Prehistoric Trackways National Monument and dated January 25, 2007.

(c)

Map; legal description

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an official map and legal description of the Monument.

(2)

Corrections

The map and legal description submitted under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the legal description and the map.

(3)

Conflict between map and legal description

In the case of a conflict between the map and the legal description, the map shall control.

(4)

Availability of map and legal description

Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(d)

Minor boundary adjustments

If additional paleontological resources are discovered on public land adjacent to the Monument after the date of enactment of this Act, the Secretary may make minor boundary adjustments to the Monument to include the resources in the Monument.

214.

Administration

(a)

Management

(1)

In general

The Secretary shall manage the Monument—

(A)

in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in section 213(a); and

(B)

in accordance with—

(i)

this subtitle;

(ii)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(iii)

other applicable laws.

(2)

National landscape conservation system

The Monument shall be managed as a component of the National Landscape Conservation System.

(b)

Management Plan

(1)

In general

Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument.

(2)

Components

The management plan under paragraph (1)—

(A)

shall—

(i)

describe the appropriate uses and management of the Monument, consistent with the provisions of this subtitle; and

(ii)

allow for continued scientific research at the Monument during the development of the management plan; and

(B)

may—

(i)

incorporate any appropriate decisions contained in any current management or activity plan for the land described in section 213(b); and

(ii)

use information developed in studies of any land within or adjacent to the Monument that were conducted before the date of enactment of this Act.

(c)

Authorized uses

The Secretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established.

(d)

Interpretation, education, and scientific research

(1)

In general

The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Doña Ana County, New Mexico.

(2)

Cooperative agreements

The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1).

(e)

Special management areas

(1)

In general

The establishment of the Monument shall not change the management status of any area within the boundary of the Monument that is—

(A)

designated as a wilderness study area and managed in accordance with section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); or

(B)

managed as an area of critical environment concern.

(2)

Conflict of laws

If there is a conflict between the laws applicable to the areas described in paragraph (1) and this subtitle, the more restrictive provision shall control.

(f)

Motorized vehicles

(1)

In general

Except as needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan prepared under subsection (b).

(2)

Permitted Events

The Secretary may issue permits for special recreation events involving motorized vehicles within the boundaries of the Monument, including the Chile Challenge

(A)

to the extent the events do not harm paleontological resources; and

(B)

subject to any terms and conditions that the Secretary determines to be necessary.

(g)

Withdrawals

Subject to valid existing rights, any Federal land within the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act are withdrawn from—

(1)

entry, appropriation, or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.

(h)

Grazing

The Secretary may allow grazing to continue in any area of the Monument in which grazing is allowed before the date of enactment of this Act, subject to applicable laws (including regulations).

(i)

Water Rights

Nothing in this subtitle constitutes an express or implied reservation by the United States of any water or water rights with respect to the Monument.

215.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

C

Fort Stanton-Snowy River Cave National Conservation Area

221.

Definitions

In this subtitle:

(1)

Conservation area

The term Conservation Area means the Fort Stanton-Snowy River Cave National Conservation Area established by section 222(a).

(2)

Management plan

The term management plan means the management plan developed for the Conservation Area under section 223(c).

(3)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

222.

Establishment of the Fort Stanton-Snowy River Cave National Conservation Area

(a)

Establishment; Purposes

There is established the Fort Stanton-Snowy River Cave National Conservation Area in Lincoln County, New Mexico, to protect, conserve, and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system.

(b)

Area Included

The Conservation Area shall include the area within the boundaries depicted on the map entitled Fort Stanton-Snowy River Cave National Conservation Area and dated January 25, 2007.

(c)

Map and Legal Description

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area.

(2)

Effect

The map and legal description of the Conservation Area shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the map and legal description.

(3)

Public availability

The map and legal description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management.

223.

Management of the Conservation Area

(a)

Management

(1)

In general

The Secretary shall manage the Conservation Area—

(A)

in a manner that conserves, protects, and enhances the resources and values of the Conservation Area, including the resources and values described in section 222(a); and

(B)

in accordance with—

(i)

this subtitle;

(ii)

the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and

(iii)

any other applicable laws.

(2)

Uses

The Secretary shall only allow uses of the Conservation Area that are consistent with the protection of the cave resources.

(3)

Requirements

In administering the Conservation Area, the Secretary shall provide for—

(A)

the conservation and protection of the natural and unique features and environs for scientific, educational, and other appropriate public uses of the Conservation Area;

(B)

public access, as appropriate, while providing for the protection of the cave resources and for public safety;

(C)

the continuation of other existing uses or other new uses of the Conservation Area that do not impair the purposes for which the Conservation Area is established;

(D)

management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001, or any amendments to the plan, consistent with this subtitle; and

(E)

scientific investigation and research opportunities within the Conservation Area, including through partnerships with colleges, universities, schools, scientific institutions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area.

(b)

Withdrawals

Subject to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the land that are acquired by the United States after the date of enactment of this Act for inclusion in the Conservation Area, are withdrawn from—

(1)

all forms of entry, appropriation, or disposal under the general land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

operation under the mineral leasing and geothermal leasing laws.

(c)

Management Plan

(1)

In general

Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive plan for the long-term management of the Conservation Area.

(2)

Purposes

The management plan shall—

(A)

describe the appropriate uses and management of the Conservation Area;

(B)

incorporate, as appropriate, decisions contained in any other management or activity plan for the land within or adjacent to the Conservation Area;

(C)

take into consideration any information developed in studies of the land and resources within or adjacent to the Conservation Area; and

(D)

provide for a cooperative agreement with Lincoln County, New Mexico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area.

(d)

Activities Outside Conservation Area

The establishment of the Conservation Area shall not—

(1)

create a protective perimeter or buffer zone around the Conservation Area; or

(2)

preclude uses or activities outside the Conservation Area that are permitted under other applicable laws, even if the uses or activities are prohibited within the Conservation Area.

(e)

Research and Interpretive Facilities

(1)

In general

The Secretary may establish facilities for—

(A)

the conduct of scientific research; and

(B)

the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources of the Conservation Area.

(2)

Cooperative agreements

The Secretary may, in a manner consistent with this subtitle, enter into cooperative agreements with the State of New Mexico and other institutions and organizations to carry out the purposes of this subtitle.

(f)

Water Rights

Nothing in this subtitle constitutes an express or implied reservation of any water right.

224.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this subtitle.

D

Snake River Birds of Prey National Conservation Area

231.

Snake River Birds of Prey National Conservation Area

(a)

Renaming

Public Law 103–64 is amended—

(1)

in section 2(2) (16 U.S.C. 460iii–1(2)), by inserting Morley Nelson before Snake River Birds of Prey National Conservation Area; and

(2)

in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by inserting Morley Nelson before Snake River Birds of Prey National Conservation Area.

(b)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the Snake River Birds of Prey National Conservation Area shall be deemed to be a reference to the Morley Nelson Snake River Birds of Prey National Conservation Area.

(c)

Technical Corrections

Public Law 103–64 is further amended—

(1)

in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by striking (hereafter referred to as the conservation area); and

(2)

in section 4 (16 U.S.C. 460iii–3)—

(A)

in subsection (a)(2), by striking Conservation Area and inserting conservation area; and

(B)

in subsection (d), by striking Visitors Center and inserting visitors center.

E

Rio Puerco Watershed Management Program

241.

Rio Puerco Watershed Management Program

(a)

Rio Puerco Management Committee

Section 401(b) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4147) is amended—

(1)

in paragraph (2)—

(A)

by redesignating subparagraphs (I) through (N) as subparagraphs (J) through (O), respectively; and

(B)

by inserting after subparagraph (H) the following:

(I)

the Environmental Protection Agency;

; and

(2)

in paragraph (4), by striking enactment of this Act and inserting enactment of the Omnibus Public Lands Management Act of 2008.

(b)

Authorization of appropriations

Section 401(e) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4148) is amended by striking enactment of this Act and inserting enactment of the Omnibus Public Lands Management Act of 2008.

F

Land conveyances and exchanges

251.

Pima County, Arizona, land exchange

(a)

Definitions

In this section:

(1)

Conservation area

The term Conservation Area means the Las Cienegas National Conservation Area.

(2)

County

The term County means Pima County, Arizona.

(3)

Federal land

The term Federal land means the parcel of land consisting of approximately 1,196 acres, as generally depicted on the map entitled Las Cienegas Enhancement Act—Federal Land and dated April 17, 2007.

(4)

Non-federal land

The term non-Federal land means—

(A)

the Empirita-Simonson parcel of land consisting of approximately 2,568 acres, as generally depicted on the map entitled Las Cienegas Enhancement Act—Non-Federal Land and dated April 17, 2007; and

(B)

the Bloom parcel of land consisting of approximately 160 acres, as generally depicted on the map entitled Saguaro National Park, Bloom Tract and dated April 17, 2007.

(5)

Park

The term Park means Saguaro National Park.

(6)

Secretary

The term Secretary means the Secretary of the Interior.

(7)

Well site

The term well site means a well site that consists of approximately 98 acres of land, as generally depicted on the map entitled Las Cienegas Enhancement Act—Non-Federal Land and dated April 17, 2007.

(b)

Land exchange

(1)

In general

If the owner of the non-Federal land offers to convey to the Secretary title to the non-Federal land that is acceptable to the Secretary, the Secretary shall—

(A)

accept the offer; and

(B)

simultaneously convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land.

(2)

Valuation, Appraisals, and Equalization

(A)

In general

The value of the Federal land and the non-Federal land—

(i)

shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or

(ii)

if not equal, shall be equalized in accordance with subparagraph (C).

(B)

Appraisals

(i)

In general

The Federal land and the non-Federal land shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the owner of the non-Federal land.

(ii)

Requirements

An appraisal under clause (i) shall—

(I)

be conducted in accordance with—

(aa)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(bb)

the Uniform Standards of Professional Appraisal Practice; and

(II)

not later than 180 days after the date of enactment of this Act, be submitted to the Secretary and the owner of the non-Federal land for approval.

(C)

Equalization

(i)

In general

If the value of the Federal land and the non-Federal land is not equal, the value may be equalized by—

(I)

the Secretary making a cash equalization payment to the owner of the non-Federal land;

(II)

the owner of the non-Federal land making a cash equalization payment to the Secretary; or

(III)

reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate.

(ii)

Cash equalization payments

(I)

Disposition

Any cash equalization payments received by the Secretary under clause (i)(II) shall be deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)).

(II)

Use

Amounts deposited under subclause (I) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of land and interests in land in southern Arizona.

(3)

Conditions of conveyance

(A)

In general

As a condition of the conveyance of the Federal land, the owner of the non-Federal land shall—

(i)

pay the costs of carrying out the exchange of the Federal land and the non-Federal land under this subsection, including any direct costs relating to any environmental reviews and any required mitigation of the Federal land;

(ii)

enter into an agreement with the County to convey to the County the well site; and

(iii)

relinquish to the County any water rights to the well site held by the owner of the non-Federal land.

(B)

Valid existing rights

The exchange of Federal land and non-Federal land shall be subject to any easements, rights-of-way, and other valid encumbrances in existence on the date of enactment of this Act.

(4)

Legal descriptions

The Secretary and the owner of the non-Federal land may mutually agree to—

(A)

correct minor errors in the legal descriptions of the Federal land and the non-Federal land; or

(B)

make minor adjustments to the boundaries of the Federal land and the non-Federal land.

(5)

Deadline for completion of exchange

It is the intent of Congress that the land exchange under this subsection shall be completed not later than 1 year after the date of enactment of this Act.

(c)

Administration

(1)

Administration of land acquired by the United States

(A)

Empirita-Simonson parcel

On acquisition by the Secretary, the parcel of non-Federal land described in subsection (a)(4)(A) shall—

(i)

become part of the Conservation Area; and

(ii)

be administered by the Secretary in accordance with Public Law 106–538 (16 U.S.C. 460ooo et seq.).

(B)

Bloom parcel

On acquisition by the Secretary, the parcel of non-Federal land described in subsection (a)(4)(B) shall—

(i)

become part of the Park; and

(ii)

be administered by the Secretary in accordance with the Saguaro National Park Establishment Act of 1994 (16 U.S.C. 410zz et seq.).

(2)

National conservation area boundary adjustment

The boundary of the Conservation Area is modified to exclude the 40-acre tract of Bureau of Land Management that is leased to the town of Elgin, Arizona, for a sanitary landfill.

(3)

Road access

Not later than 18 months after the date on which the non-Federal land is acquired by the Secretary, the Secretary shall, in accordance with section 507 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1767), provide to the Secretary of Agriculture a right-of-way through the non-Federal land for motorized public road access to the boundary of the Coronado National Forest.

252.

Southern Nevada limited transition area conveyance

(a)

Definitions

In this section:

(1)

City

The term City means the City of Henderson, Nevada.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

State

The term State means the State of Nevada.

(4)

Transition Area

The term Transition Area means the approximately 502 acres of Federal land located in Henderson, Nevada, and identified as Limited Transition Area on the map entitled Southern Nevada Limited Transition Area Act and dated March 20, 2006.

(b)

Southern Nevada limited Transition Area

(1)

Conveyance

Notwithstanding the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), on request of the City, the Secretary shall, without consideration and subject to all valid existing rights, convey to the City all right, title, and interest of the United States in and to the Transition Area.

(2)

Use of land for nonresidential development

(A)

In general

After the conveyance to the City under paragraph (1), the City may sell, lease, or otherwise convey any portion or portions of the Transition Area for purposes of nonresidential development.

(B)

Method of sale

(i)

In general

The sale, lease, or conveyance of land under subparagraph (A) shall be through a competitive bidding process.

(ii)

Fair market value

Any land sold, leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair market value.

(C)

Compliance with charter

Except as provided in subparagraphs (B) and (D), the City may sell, lease, or otherwise convey parcels within the Transition Area only in accordance with the procedures for conveyances established in the City Charter.

(D)

Disposition of proceeds

The gross proceeds from the sale of land under subparagraph (A) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 1998 (112 Stat. 2345).

(3)

Use of land for recreation or other public purposes

The City may elect to retain parcels in the Transition Area for public recreation or other public purposes consistent with the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.) by providing to the Secretary written notice of the election.

(4)

Noise compatibility requirements

The City shall—

(A)

plan and manage the Transition Area in accordance with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated in accordance with that section; and

(B)

agree that if any land in the Transition Area is sold, leased, or otherwise conveyed by the City, the sale, lease, or conveyance shall contain a limitation to require uses compatible with that airport noise compatibility planning.

(5)

Reversion

(A)

In general

If any parcel of land in the Transition Area is not conveyed for nonresidential development under this section or reserved for recreation or other public purposes under paragraph (3) by the date that 20 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the Secretary, revert to the United States.

(B)

Inconsistent use

If the City uses any parcel of land within the Transition Area in a manner that is inconsistent with the uses specified in this subsection—

(i)

at the discretion of the Secretary, the parcel shall revert to the United States; or

(ii)

if the Secretary does not make an election under clause (i), the City shall sell the parcel of land in accordance with this subsection.

253.

Nevada Cancer Institute land conveyance

(a)

Definitions

In this section:

(1)

Alta-Hualapai Site

The term Alta-Hualapai Site means the approximately 80 acres of land that is—

(A)

patented to the City under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.); and

(B)

identified on the map as the Alta-Hualapai Site.

(2)

City

The term City means the city of Las Vegas, Nevada.

(3)

Institute

The term Institute means the Nevada Cancer Institute, a nonprofit organization described under section 501(c)(3) of the Internal Revenue Code of 1986, the principal place of business of which is at 10441 West Twain Avenue, Las Vegas, Nevada.

(4)

Map

The term map means the map titled Nevada Cancer Institute Expansion Act and dated July 17, 2006.

(5)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the Bureau of Land Management.

(6)

Water district

The term Water District means the Las Vegas Valley Water District.

(b)

Land Conveyance

(1)

Survey and Legal description

The City shall prepare a survey and legal description of the Alta-Hualapai Site. The survey shall conform to the Bureau of Land Management cadastral survey standards and be subject to approval by the Secretary.

(2)

Acceptance

The Secretary may accept the relinquishment by the City of all or part of the Alta-Hualapai Site.

(3)

Conveyance for use as nonprofit cancer institute

After relinquishment of all or part of the Alta-Hualapai Site to the Secretary, and not later than 180 days after request of the Institute, the Secretary shall convey to the Institute, subject to valid existing rights, the portion of the Alta-Hualapai Site that is necessary for the development of a nonprofit cancer institute.

(4)

Additional conveyances

Not later than 180 days after a request from the City, the Secretary shall convey to the City, subject to valid existing rights, any remaining portion of the Alta-Hualapai Site necessary for ancillary medical or nonprofit use compatible with the mission of the Institute.

(5)

Applicable law

Any conveyance by the City of any portion of the land received under this section shall be for no less than fair market value and the proceeds shall be distributed in accordance with section 4(e)(1) of Public Law 105–263 (112 Stat. 2345).

(6)

Transaction Costs

All land conveyed by the Secretary under this section shall be at no cost, except that the Secretary may require the recipient to bear any costs associated with transfer of title or any necessary land surveys.

(7)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report on all transactions conducted under Public Law 105–263 (112 Stat. 2345).

(c)

Rights-of-way

Consistent with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701), the Secretary may grant rights-of-way to the Water District on a portion of the Alta-Hualapai Site for a flood control project and a water pumping facility.

(d)

Reversion

Any property conveyed pursuant to this section which ceases to be used for the purposes specified in this section shall, at the discretion of the Secretary, revert to the United States, along with any improvements thereon or thereto.

254.

Turnabout Ranch land conveyance, Utah

(a)

Definitions

In this section:

(1)

Federal land

The term Federal land means the approximately 25 acres of Bureau of Land Management land identified on the map as Lands to be conveyed to Turnabout Ranch.

(2)

Map

The term map means the map entitled Turnabout Ranch Conveyance dated May 12, 2006, and on file in the office of the Director of the Bureau of Land Management.

(3)

Monument

The term Monument means the Grand Staircase-Escalante National Monument located in southern Utah.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

Turnabout Ranch

The term Turnabout Ranch means the Turnabout Ranch in Escalante, Utah, owned by Aspen Education Group.

(b)

Conveyance of Federal land to Turnabout Ranch

(1)

In general

Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later than 30 days after completion of the appraisal required under paragraph (2), Turnabout Ranch of Escalante, Utah, submits to the Secretary an offer to acquire the Federal land for the appraised value, the Secretary shall, not later than 30 days after the date of the offer, convey to Turnabout Ranch all right, title, and interest to the Federal land, subject to valid existing rights.

(2)

Appraisal

Not later than 90 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the Federal land. The appraisal shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice. All costs associated with the appraisal shall be born by Turnabout Ranch.

(3)

Payment of consideration

Not later than 30 days after the date on which the Federal land is conveyed under paragraph (1), as a condition of the conveyance, Turnabout Ranch shall pay to the Secretary an amount equal to the appraised value of the Federal land, as determined under paragraph (2).

(4)

Costs of conveyance

As a condition of the conveyance, any costs of the conveyance under this section shall be paid by Turnabout Ranch.

(5)

Disposition of proceeds

The Secretary shall deposit the proceeds from the conveyance of the Federal land under paragraph (1) in the Federal Land Deposit Account established by section 206 of the Federal Land Transaction Facilitation Act(43 U.S.C. 2305), to be expended in accordance with that Act.

(c)

Modification of monument boundary

When the conveyance authorized by subsection (b) is completed, the boundaries of the Grand Staircase-Escalante National Monument in the State of Utah are hereby modified to exclude the Federal land conveyed to Turnabout Ranch.

255.

Boy Scouts land exchange, Utah

(a)

Definitions

In this section:

(1)

Boy Scouts

The term Boy Scouts means the Utah National Parks Council of the Boy Scouts of America.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Boy Scouts of America land exchange

(1)

Authority To convey

(A)

In general

Subject to paragraph (3) and notwithstanding the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.), the Boy Scouts may convey to Brian Head Resort, subject to valid existing rights and, except as provided in subparagraph (B), any rights reserved by the United States, all right, title, and interest granted to the Boy Scouts by the original patent to the parcel described in paragraph (2)(A) in exchange for the conveyance by Brian Head Resort to the Boy Scouts of all right, title, and interest in and to the parcels described in paragraph (2)(B).

(B)

Reversionary Interest

On conveyance of the parcel of land described in paragraph (2)(A), the Secretary shall have discretion with respect to whether or not the reversionary interests of the United States are to be exercised.

(2)

Description of land

The parcels of land referred to in paragraph (1) are—

(A)

the 120-acre parcel that is part of a tract of public land acquired by the Boy Scouts under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.) for the purpose of operating a camp, which is more particularly described as the W 1/2 SE 1/4 and SE 1/4 SE 1/4 sec. 26, T. 35 S., R. 9 W., Salt Lake Base and Meridian; and

(B)

the 2 parcels of private land owned by Brian Head Resort that total 120 acres, which are more particularly described as—

(i)

NE 1/4 NW 1/4 and NE 1/4 NE 1/4 sec. 25, T. 35 S., R. 9 W., Salt Lake Base and Meridian; and

(ii)

SE 1/4 SE 1/4 sec. 24, T. 35. S., R. 9 W., Salt Lake Base Meridian.

(3)

Conditions

On conveyance to the Boy Scouts under paragraph (1)(A), the parcels of land described in paragraph (2)(B) shall be subject to the terms and conditions imposed on the entire tract of land acquired by the Boy Scouts for a camp under the Bureau of Land Management patent numbered 43–75–0010.

(4)

Modification of Patent

On completion of the exchange under paragraph (1)(A), the Secretary shall amend the original Bureau of Land Management patent providing for the conveyance to the Boy Scouts under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act) (43 U.S.C. 869 et seq.) numbered 43–75–0010 to take into account the exchange under paragraph (1)(A).

256.

Douglas County, Washington, land conveyance

(a)

Definitions

In this section:

(1)

Public land

The term public land means the approximately 622 acres of Federal land managed by the Bureau of Land Management and identified for conveyance on the map prepared by the Bureau of Land Management entitled Douglas County Public Utility District Proposal and dated March 2, 2006.

(2)

PUD

The term PUD means the Public Utility District No. 1 of Douglas County, Washington.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Wells hydroelectric project

The term Wells Hydroelectric Project means Federal Energy Regulatory Commission Project No. 2149.

(b)

Conveyance of public land, Wells Hydroelectric Project, Public Utility District No. 1 of Douglas County, Washington

(1)

Conveyance required

Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), and notwithstanding section 24 of the Federal Power Act (16 U.S.C. 818) and Federal Power Order for Project 2149, and subject to valid existing rights, if not later than 45 days after the date of completion of the appraisal required under paragraph (2), the Public Utility District No. 1 of Douglas County, Washington, submits to the Secretary an offer to acquire the public land for the appraised value, the Secretary shall convey, not later than 30 days after the date of the offer, to the PUD all right, title, and interest of the United States in and to the public land.

(2)

Appraisal

Not later than 60 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the public land. The appraisal shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.

(3)

Payment

Not later than 30 days after the date on which the public land is conveyed under this subsection, the PUD shall pay to the Secretary an amount equal to the appraised value of the public land as determined under paragraph (2).

(4)

Map and legal descriptions

As soon as practicable after the date of enactment of this Act, the Secretary shall finalize legal descriptions of the public land to be conveyed under this subsection. The Secretary may correct any minor errors in the map referred to in subsection (a)(1) or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.

(5)

Costs of conveyance

As a condition of conveyance, any costs related to the conveyance under this subsection shall be paid by the PUD.

(6)

Disposition of proceeds

The Secretary shall deposit the proceeds from the sale in the Federal Land Disposal Account established by section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305) to be expended to improve access to public lands administered by the Bureau of Land Management in the State of Washington.

(c)

Segregation of lands

(1)

Withdrawal

Except as provided in subsection (b)(1), effective immediately upon enactment of this Act, and subject to valid existing rights, the public land is withdrawn from—

(A)

all forms of entry, appropriation, or disposal under the public land laws, and all amendments thereto;

(B)

location, entry, and patenting under the mining laws, and all amendments thereto; and

(C)

operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto.

(2)

Duration

This subsection expires two years after the date of enactment of this Act or on the date of the completion of the conveyance under subsection (b), whichever is earlier.

(d)

Retained authority

The Secretary shall retain the authority to place conditions on the license to insure adequate protection and utilization of the public land granted to the Secretary in section 4(e) of the Federal Power Act (16 U.S.C. 797(e)) until the Federal Energy Regulatory Commission has issued a new license for the Wells Hydroelectric Project, to replace the original license expiring May 31, 2012, consistent with section 15 of the Federal Power Act (16 U.S.C. 808).

III

Forest Service authorizations

A

Watershed restoration and enhancement

301.

Watershed restoration and enhancement agreements

Section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U.S.C. 1011 note; Public Law 105–277), is amended—

(1)

in subsection (a), by striking each of fiscal years 2006 through 2011 and inserting fiscal year 2006 and each fiscal year thereafter;

(2)

by redesignating subsection (d) as subsection (e); and

(3)

by inserting after subsection (c) the following:

(d)

Applicable Law

Chapter 63 of title 31, United States Code, shall not apply to—

(1)

a watershed restoration and enhancement agreement entered into under this section; or

(2)

an agreement entered into under the first section of Public Law 94–148 (16 U.S.C. 565a–1).

.

B

Wildland firefighter safety

311.

Wildland firefighter safety

(a)

Definitions

In this section:

(1)

Secretaries

The term Secretaries means—

(A)

the Secretary of the Interior, acting through the Directors of the Bureau of Land Management, the United States Fish and Wildlife Service, the National Park Service, and the Bureau of Indian Affairs; and

(B)

the Secretary of Agriculture, acting through the Chief of the Forest Service.

(2)

Wildland firefighter

The term wildland firefighter means any person who participates in wildland firefighting activities—

(A)

under the direction of either of the Secretaries; or

(B)

under a contract or compact with a federally recognized Indian tribe.

(b)

Annual report to Congress

(1)

In general

The Secretaries shall jointly submit to Congress an annual report on the wildland firefighter safety practices of the Secretaries, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use, during the preceding calendar year.

(2)

Timeline

Each report under paragraph (1) shall—

(A)

be submitted by not later than March of the year following the calendar year covered by the report; and

(B)

include—

(i)

a description of, and any changes to, wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use;

(ii)

statistics and trend analyses;

(iii)

an estimate of the amount of Federal funds expended by the Secretaries on wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use;

(iv)

progress made in implementing recommendations from the Inspector General, the Government Accountability Office, the Occupational Safety and Health Administration, or an agency report relating to a wildland firefighting fatality issued during the preceding 10 years; and

(v)

a description of—

(I)

the provisions relating to wildland firefighter safety practices in any Federal contract or other agreement governing the provision of wildland firefighters by a non-Federal entity;

(II)

a summary of any actions taken by the Secretaries to ensure that the provisions relating to safety practices, including training, are complied with by the non-Federal entity; and

(III)

the results of those actions.

C

Wyoming range

321.

Definitions

In this subtitle:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

Wyoming Range Withdrawal Area

The term Wyoming Range Withdrawal Area means all National Forest System land and federally owned minerals located within the boundaries of the Bridger-Teton National Forest identified on the map entitled Wyoming Range Withdrawal Area and dated October 17, 2007, on file with the Office of the Chief of the Forest Service and the Office of the Supervisor of the Bridger-Teton National Forest.

322.

Withdrawal of certain land in the Wyoming range

(a)

Withdrawal

Except as provided in subsection (f), subject to valid existing rights as of the date of enactment of this Act and the provisions of this subtitle, land in the Wyoming Range Withdrawal Area is withdrawn from—

(1)

all forms of appropriation or disposal under the public land laws;

(2)

location, entry, and patent under the mining laws; and

(3)

disposition under laws relating to mineral and geothermal leasing.

(b)

Existing rights

If any right referred to in subsection (a) is relinquished or otherwise acquired by the United States (including through donation under section 323) after the date of enactment of this Act, the land subject to that right shall be withdrawn in accordance with this section.

(c)

Buffers

Nothing in this section requires—

(1)

the creation of a protective perimeter or buffer area outside the boundaries of the Wyoming Range Withdrawal Area; or

(2)

any prohibition on activities outside of the boundaries of the Wyoming Range Withdrawal Area that can be seen or heard from within the boundaries of the Wyoming Range Withdrawal Area.

(d)

Land and Resource Management Plan

(1)

In general

Subject to paragraph (2), the Bridger-Teton National Land and Resource Management Plan (including any revisions to the Plan) shall apply to any land within the Wyoming Range Withdrawal Area.

(2)

Conflicts

If there is a conflict between this subtitle and the Bridger-Teton National Land and Resource Management Plan, this subtitle shall apply.

(e)

Prior lease sales

Nothing in this section prohibits the Secretary from taking any action necessary to issue, deny, remove the suspension of, or cancel a lease, or any sold lease parcel that has not been issued, pursuant to any lease sale conducted prior to the date of enactment of this Act, including the completion of any requirements under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(f)

Exception

Notwithstanding the withdrawal in subsection (a), the Secretary may lease oil and gas resources in the Wyoming Range Withdrawal Area that are within 1 mile of the boundary of the Wyoming Range Withdrawal Area in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.) and subject to the following conditions:

(1)

The lease may only be accessed by directional drilling from a lease held by production on the date of enactment of this Act on National Forest System land that is adjacent to, and outside of, the Wyoming Range Withdrawal Area.

(2)

The lease shall prohibit, without exception or waiver, surface occupancy and surface disturbance for any activities, including activities related to exploration, development, or production.

(3)

The directional drilling may extend no further than 1 mile inside the boundary of the Wyoming Range Withdrawal Area.

323.

Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range

(a)

Notification of leaseholders

Not later than 120 days after the date of enactment of this Act, the Secretary shall provide notice to holders of valid existing mining or leasing rights within the Wyoming Range Withdrawal Area of the potential opportunity for repurchase of those rights and retirement under this section.

(b)

Request for lease retirement

(1)

In general

A holder of a valid existing mining or leasing right within the Wyoming Range Withdrawal Area may submit a written notice to the Secretary of the interest of the holder in the retirement and repurchase of that right.

(2)

List of interested holders

The Secretary shall prepare a list of interested holders and make the list available to any non-Federal entity or person interested in acquiring that right for retirement by the Secretary.

(c)

Prohibition

The Secretary may not use any Federal funds to purchase any right referred to in subsection (a).

(d)

Donation authority

The Secretary shall—

(1)

accept the donation of any valid existing mining or leasing right in the Wyoming Range Withdrawal Area from the holder of that right or from any non-Federal entity or person that acquires that right; and

(2)

on acceptance, cancel that right.

(e)

Relationship to other authority

Nothing in this subtitle affects any authority the Secretary may otherwise have to modify, suspend, or terminate a lease without compensation, or to recognize the transfer of a valid existing mining or leasing right, if otherwise authorized by law.

D

Land conveyances and exchanges

331.

Land conveyance to City of Coffman Cove, Alaska

(a)

Definitions

In this section:

(1)

City

The term City means the city of Coffman Cove, Alaska.

(2)

Secretary

The term Secretary means the Secretary of Agriculture.

(b)

Conveyance

(1)

In General

Subject to valid existing rights, the Secretary shall convey to the City, without consideration and by quitclaim deed all right, title, and interest of the United States, except as provided in paragraphs (3) and (4), in and to the parcel of National Forest System land described in paragraph (2).

(2)

Description of Land

(A)

In general

The parcel of National Forest System land referred to in paragraph (1) is the approximately 12 acres of land identified in U.S. Survey 10099, as depicted on the plat entitled Subdivision of U.S. Survey No. 10099 and recorded as Plat 2003–1 on January 21, 2003, Petersburg Recording District, Alaska.

(B)

Excluded land

The parcel of National Forest System land conveyed under paragraph (1) does not include the portion of U.S. Survey 10099 that is north of the right-of-way for Forest Development Road 3030–295 and southeast of Tract CC–8.

(3)

Right-of-Way

The United States may reserve a right-of-way to provide access to the National Forest System land excluded from the conveyance to the City under paragraph (2)(B).

(4)

Reversion

If any portion of the land conveyed under paragraph (1) (other than a portion of land sold under paragraph (5)) ceases to be used for public purposes, the land shall, at the option of the Secretary, revert to the United States.

(5)

Conditions on Subsequent Conveyances

If the City sells any portion of the land conveyed to the City under paragraph (1)—

(A)

the amount of consideration for the sale shall reflect fair market value, as determined by an appraisal; and

(B)

the City shall pay to the Secretary an amount equal to the gross proceeds of the sale, which shall be available, without further appropriation, for the Tongass National Forest.

332.

Beaverhead-Deerlodge National Forest land conveyance, Montana

(a)

Definitions

In this section:

(1)

County

The term County means Jefferson County, Montana.

(2)

Map

The term map means the map that is—

(A)

entitled Elkhorn Cemetery;

(B)

dated May 9, 2005; and

(C)

on file in the office of the Beaverhead-Deerlodge National Forest Supervisor.

(3)

Secretary

The term Secretary means the Secretary of Agriculture.

(b)

Conveyance to Jefferson County, Montana

(1)

Conveyance

Not later than 180 days after the date of enactment of this Act and subject to valid existing rights, the Secretary (acting through the Regional Forester, Northern Region, Missoula, Montana) shall convey by quitclaim deed to the County for no consideration, all right, title, and interest of the United States, except as provided in paragraph (5), in and to the parcel of land described in paragraph (2).

(2)

Description of Land

The parcel of land referred to in paragraph (1) is the parcel of approximately 9.67 acres of National Forest System land (including any improvements to the land) in the County that is known as the Elkhorn Cemetery, as generally depicted on the map.

(3)

Use of Land

As a condition of the conveyance under paragraph (1), the County shall—

(A)

use the land described in paragraph (2) as a County cemetery; and

(B)

agree to manage the cemetery with due consideration and protection for the historic and cultural values of the cemetery, under such terms and conditions as are agreed to by the Secretary and the County.

(4)

Easement

In conveying the land to the County under paragraph (1), the Secretary, in accordance with applicable law, shall grant to the County an easement across certain National Forest System land, as generally depicted on the map, to provide access to the land conveyed under that paragraph.

(5)

Reversion

In the quitclaim deed to the County, the Secretary shall provide that the land conveyed to the County under paragraph (1) shall revert to the Secretary, at the election of the Secretary, if the land is—

(A)

used for a purpose other than the purposes described in paragraph (3)(A); or

(B)

managed by the County in a manner that is inconsistent with paragraph (3)(B).

333.

Santa Fe National Forest; Pecos National Historical Park Land Exchange

(a)

Definitions

In this section:

(1)

Federal land

The term Federal land means the approximately 160 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map.

(2)

Landowner

The term landowner means the 1 or more owners of the non-Federal land.

(3)

Map

The term map means the map entitled Proposed Land Exchange for Pecos National Historical Park, numbered 430/80,054, dated November 19, 1999, and revised September 18, 2000.

(4)

Non-federal land

The term non-Federal land means the approximately 154 acres of non-Federal land in the Park, as depicted on the map.

(5)

Park

The term Park means the Pecos National Historical Park in the State.

(6)

Secretaries

The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

(7)

State

The term State means the State of New Mexico.

(b)

Land exchange

(1)

In General

On conveyance by the landowner to the Secretary of the Interior of the non-Federal land, title to which is acceptable to the Secretary of the Interior—

(A)

the Secretary of Agriculture shall, subject to the conditions of this section, convey to the landowner the Federal land; and

(B)

the Secretary of the Interior shall, subject to the conditions of this section, grant to the landowner the easement described in paragraph (2).

(2)

Easement

(A)

In general

The easement referred to in paragraph (1)(B) is an easement (including an easement for service access) for water pipelines to 2 well sites located in the Park, as generally depicted on the map.

(B)

Route

The Secretary of the Interior, in consultation with the landowner, shall determine the appropriate route of the easement through the Park.

(C)

Terms and conditions

The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior, in consultation with the landowner, determines to be appropriate.

(D)

Applicable law

The easement shall be established, operated, and maintained in compliance with applicable Federal law.

(3)

Valuation, Appraisals, and Equalization

(A)

In general

The value of the Federal land and non-Federal land—

(i)

shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or

(ii)

if the value is not equal, shall be equalized in accordance with subparagraph (C).

(B)

Appraisals

(i)

In general

The Federal land and non-Federal land shall be appraised by an independent appraiser selected by the Secretaries.

(ii)

Requirements

An appraisal conducted under clause (i) shall be conducted in accordance with—

(I)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(II)

the Uniform Standards of Professional Appraisal Practice.

(iii)

Approval

The appraisals conducted under this subparagraph shall be submitted to the Secretaries for approval.

(C)

Equalization of values

(i)

In general

If the values of the non-Federal land and the Federal land are not equal, the values may be equalized by—

(I)

the Secretary of the Interior making a cash equalization payment to the landowner;

(II)

the landowner making a cash equalization payment to the Secretary of Agriculture; or

(III)

reducing the acreage of the non-Federal land or the Federal land, as appropriate.

(ii)

Cash equalization payments

Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) shall—

(I)

be deposited in the fund established by Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C. 484a); and

(II)

be available for expenditure, without further appropriation, for the acquisition of land and interests in land in the State.

(4)

Costs

Before the completion of the exchange under this subsection, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner.

(5)

Applicable Law

Except as otherwise provided in this section, the exchange of land and interests in land under this section shall be in accordance with—

(A)

section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716); and

(B)

other applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).

(6)

Additional Terms and Conditions

The Secretaries may require, in addition to any requirements under this section, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this section as the Secretaries determine to be appropriate to protect the interests of the United States.

(7)

Completion of the Exchange

(A)

In general

The exchange of Federal land and non-Federal land shall be completed not later than 180 days after the later of—

(i)

the date on which the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met;

(ii)

the date on which the Secretary of the Interior approves the appraisals under paragraph (3)(B)(iii); or

(iii)

the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this subsection.

(B)

Notice

The Secretaries shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives notice of the completion of the exchange of Federal land and non-Federal land under this subsection.

(c)

Administration

(1)

In General

The Secretary of the Interior shall administer the non-Federal land acquired under this section in accordance with the laws generally applicable to units of the National Park System, including the Act of August 25, 1916 (commonly known as the National Park Service Organic Act) (16 U.S.C. 1 et seq.).

(2)

Maps

(A)

In general

The map shall be on file and available for public inspection in the appropriate offices of the Secretaries.

(B)

Transmittal of revised map to congress

Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a revised map that depicts—

(i)

the Federal land and non-Federal land exchanged under this section; and

(ii)

the easement described in subsection (b)(2).

334.

Santa Fe National Forest Land Conveyance, New Mexico

(a)

Definitions

In this section:

(1)

Claim

The term Claim means a claim of the Claimants to any right, title, or interest in any land located in lot 10, sec. 22, T. 18 N., R. 12 E., New Mexico Principal Meridian, San Miguel County, New Mexico, except as provided in subsection (b)(1).

(2)

Claimants

The term Claimants means Ramona Lawson and Boyd Lawson.

(3)

Federal land

The term Federal land means a parcel of National Forest System land in the Santa Fe National Forest, New Mexico, that is—

(A)

comprised of approximately 6.20 acres of land; and

(B)

described and delineated in the survey.

(4)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Forest Service Regional Forester, Southwestern Region.

(5)

Survey

The term survey means the survey plat entitled Boundary Survey and Conservation Easement Plat, prepared by Chris A. Chavez, Land Surveyor, Forest Service, NMPLS#12793, and recorded on February 27, 2007, at book 55, page 93, of the land records of San Miguel County, New Mexico.

(b)

Santa Fe National Forest land conveyance

(1)

In general

The Secretary shall, except as provided in subparagraph (A) and subject to valid existing rights, convey and quitclaim to the Claimants all right, title, and interest of the United States in and to the Federal land in exchange for—

(A)

the grant by the Claimants to the United States of a scenic easement to the Federal land that—

(i)

protects the purposes for which the Federal land was designated under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and

(ii)

is determined to be acceptable by the Secretary; and

(B)

a release of the United States by the Claimants of—

(i)

the Claim; and

(ii)

any additional related claims of the Claimants against the United States.

(2)

Survey

The Secretary, with the approval of the Claimants, may make minor corrections to the survey and legal description of the Federal land to correct clerical, typographical, and surveying errors.

(3)

Satisfaction of claim

The conveyance of Federal land under paragraph (1) shall constitute a full satisfaction of the Claim.

335.

Kittitas County, Washington land conveyance

(a)

Conveyance required

The Secretary of Agriculture shall convey, without consideration, to the King and Kittitas Counties Fire District #51 of King and Kittitas Counties, Washington (in this section referred to as the District), all right, title, and interest of the United States in and to a parcel of National Forest System land in Kittitas County, Washington, consisting of approximately 1.5 acres within the SW¼ of the SE¼ of section 4, township 22 north, range 11 east, Willamette meridian, for the purpose of permitting the District to use the parcel as a site for a new Snoqualmie Pass fire and rescue station.

(b)

Reversionary interest

If the Secretary determines at any time that the real property conveyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the United States, and the United States shall have the right of immediate entry onto the property. Any determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing.

(c)

Survey

If necessary, the exact acreage and legal description of the lands to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. The cost of a survey shall be borne by the District.

(d)

Additional terms and conditions

The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States.

336.

Mammoth Community Water District use restrictions

Notwithstanding Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C. 484a), the approximately 36.25 acres patented to the Mammoth County Water District (now known as the Mammoth Community Water District) by Patent No. 04–87–0038, on June 26, 1987, and recorded in volume 482, at page 516, of the official records of the Recorder’s Office, Mono County, California, may be used for any public purpose.

IV

Forest Landscape Restoration

401.

Purpose

The purpose of this title is to encourage the collaborative, science-based ecosystem restoration of priority forest landscapes through a process that—

(1)

encourages ecological, economic, and social sustainability;

(2)

leverages local resources with national and private resources;

(3)

facilitates the reduction of wildfire management costs, including through reestablishing natural fire regimes and reducing the risk of uncharacteristic wildfire; and

(4)

demonstrates the degree to which—

(A)

various ecological restoration techniques—

(i)

achieve ecological and watershed health objectives; and

(ii)

affect wildfire activity and management costs; and

(B)

the use of forest restoration byproducts can offset treatment costs while benefitting local rural economies and improving forest health.

402.

Definitions

In this title:

(1)

Fund

The term Fund means the Collaborative Forest Landscape Restoration Fund established by section 403(f).

(2)

Program

The term program means the Collaborative Forest Landscape Restoration Program established under section 403(a).

(3)

Proposal

The term proposal means a collaborative forest landscape restoration proposal described in section 403(b).

(4)

Secretary

The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.

(5)

Strategy

The term strategy means a landscape restoration strategy described in section 403(b)(1).

403.

Collaborative Forest Landscape Restoration Program

(a)

In general

The Secretary, in consultation with the Secretary of the Interior, shall establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with—

(1)

the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

(2)

the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and

(3)

any other applicable law.

(b)

Eligibility criteria

To be eligible for nomination under subsection (c), a collaborative forest landscape restoration proposal shall—

(1)

be based on a landscape restoration strategy that—

(A)

is complete or substantially complete;

(B)

identifies and prioritizes ecological restoration treatments for a 10-year period within a landscape that is—

(i)

at least 50,000 acres;

(ii)

comprised primarily of forested National Forest System land, but may also include land under the jurisdiction of the Bureau of Land Management, land under the jurisdiction of the Bureau of Indian Affairs, or other Federal, State, tribal, or private land;

(iii)

in need of active ecosystem restoration; and

(iv)

accessible by existing or proposed wood-processing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments;

(C)

incorporates the best available science and scientific application tools in ecological restoration strategies;

(D)

fully maintains, or contributes toward the restoration of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, taking into account the contribution of the stand to landscape fire adaptation and watershed health and retaining the large trees contributing to old growth structure;

(E)

would carry out any forest restoration treatments that reduce hazardous fuels by—

(i)

focusing on small diameter trees, thinning, strategic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and

(ii)

maximizing the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; and

(F)
(i)

does not include the establishment of permanent roads; and

(ii)

would commit funding to decommission all temporary roads constructed to carry out the strategy;

(2)

be developed and implemented through a collaborative process that—

(A)

includes multiple interested persons representing diverse interests; and

(B)
(i)

is transparent and nonexclusive; or

(ii)

meets the requirements for a resource advisory committee under subsections (c) through (f) of section 205 of Public Law 106–393 (16 U.S.C. 500 note);

(3)

describe plans to—

(A)

reduce the risk of uncharacteristic wildfire, including through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate;

(B)

improve fish and wildlife habitat, including for endangered, threatened, and sensitive species;

(C)

maintain or improve water quality and watershed function;

(D)

prevent, remediate, or control invasions of exotic species;

(E)

maintain, decommission, and rehabilitate roads and trails;

(F)

use woody biomass and small-diameter trees produced from projects implementing the strategy;

(G)

report annually on performance, including through performance measures from the plan entitled the 10 Year Comprehensive Strategy Implementation Plan and dated December 2006; and

(H)

take into account any applicable community wildfire protection plan;

(4)

analyze any anticipated cost savings, including those resulting from—

(A)

reduced wildfire management costs; and

(B)

a decrease in the unit costs of implementing ecological restoration treatments over time;

(5)

estimate—

(A)

the annual Federal funding necessary to implement the proposal; and

(B)

the amount of new non-Federal investment for carrying out the proposal that would be leveraged;

(6)

describe the collaborative process through which the proposal was developed, including a description of—

(A)

participation by or consultation with State, local, and Tribal governments; and

(B)

any established record of successful collaborative planning and implementation of ecological restoration projects on National Forest System land and other land included in the proposal by the collaborators; and

(7)

benefit local economies by providing local employment or training opportunities through contracts, grants, or agreements for restoration planning, design, implementation, or monitoring with—

(A)

local private, nonprofit, or cooperative entities;

(B)

Youth Conservation Corps crews or related partnerships, with State, local, and non-profit youth groups;

(C)

existing or proposed small or micro-businesses, clusters, or incubators; or

(D)

other entities that will hire or train local people to complete such contracts, grants, or agreements; and

(8)

be subject to any other requirements that the Secretary, in consultation with the Secretary of the Interior, determines to be necessary for the efficient and effective administration of the program.

(c)

Nomination Process

(1)

Submission

A proposal shall be submitted to—

(A)

the appropriate Regional Forester; and

(B)

if actions under the jurisdiction of the Secretary of the Interior are proposed, the appropriate—

(i)

State Director of the Bureau of Land Management;

(ii)

Regional Director of the Bureau of Indian Affairs; or

(iii)

other official of the Department of the Interior.

(2)

Nomination

(A)

In general

A Regional Forester may nominate for selection by the Secretary any proposals that meet the eligibility criteria established by subsection (b).

(B)

Concurrence

Any proposal nominated by the Regional Forester that proposes actions under the jurisdiction of the Secretary of the Interior shall include the concurrence of the appropriate—

(i)

State Director of the Bureau of Land Management;

(ii)

Regional Director of the Bureau of Indian Affairs; or

(iii)

other official of the Department of the Interior.

(3)

Documentation

With respect to each proposal that is nominated under paragraph (2)—

(A)

the appropriate Regional Forester shall—

(i)

include a plan to use Federal funds allocated to the region to fund those costs of planning and carrying out ecological restoration treatments on National Forest System land, consistent with the strategy, that would not be covered by amounts transferred to the Secretary from the Fund; and

(ii)

provide evidence that amounts proposed to be transferred to the Secretary from the Fund during the first 2 fiscal years following selection would be used to carry out ecological restoration treatments consistent with the strategy during the same fiscal year in which the funds are transferred to the Secretary;

(B)

if actions under the jurisdiction of the Secretary of the Interior are proposed, the nomination shall include a plan to fund such actions, consistent with the strategy, by the appropriate—

(i)

State Director of the Bureau of Land Management;

(ii)

Regional Director of the Bureau of Indian Affairs; or

(iii)

other official of the Department of the Interior; and

(C)

if actions on land not under the jurisdiction of the Secretary or the Secretary of the Interior are proposed, the appropriate Regional Forester shall provide evidence that the landowner intends to participate in, and provide appropriate funding to carry out, the actions.

(d)

Selection process

(1)

In general

After consulting with the advisory panel established under subsection (e), the Secretary, in consultation with the Secretary of the Interior, shall, subject to paragraph (2), select the best proposals that—

(A)

have been nominated under subsection (c)(2); and

(B)

meet the eligibility criteria established by subsection (b).

(2)

Criteria

In selecting proposals under paragraph (1), the Secretary shall give special consideration to—

(A)

the strength of the proposal and strategy;

(B)

the strength of the ecological case of the proposal and the proposed ecological restoration strategies;

(C)

the strength of the collaborative process and the likelihood of successful collaboration throughout implementation;

(D)

whether the proposal is likely to achieve reductions in long-term wildfire management costs;

(E)

whether the proposal would reduce the relative costs of carrying out ecological restoration treatments as a result of the use of woody biomass and small-diameter trees; and

(F)

whether an appropriate level of non-Federal investment would be leveraged in carrying out the proposal.

(3)

Limitation

The Secretary may select not more than—

(A)

10 proposals to be funded during any fiscal year;

(B)

2 proposals in any 1 region of the National Forest System to be funded during any fiscal year; and

(C)

the number of proposals that the Secretary determines are likely to receive adequate funding.

(e)

Advisory panel

(1)

In general

The Secretary shall establish and maintain an advisory panel comprised of not more than 15 members to evaluate, and provide recommendations on, each proposal that has been nominated under subsection (c)(2).

(2)

Representation

The Secretary shall ensure that the membership of the advisory panel is fairly balanced in terms of the points of view represented and the functions to be performed by the advisory panel.

(3)

Inclusion

The advisory panel shall include experts in ecological restoration, fire ecology, fire management, rural economic development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.

(f)

Collaborative Forest Landscape Restoration Fund

(1)

Establishment

There is established in the Treasury of the United States a fund, to be known as the Collaborative Forest Landscape Restoration Fund, to be used to pay up to 50 percent of the cost of carrying out and monitoring ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).

(2)

Inclusion

The cost of carrying out ecological restoration treatments as provided in paragraph (1) may, as the Secretary determines to be appropriate, include cancellation and termination costs required to be obligated for contracts to carry out ecological restoration treatments on National Forest System land for each proposal selected to be carried out under subsection (d).

(3)

Contents

The Fund shall consist of such amounts as are appropriated to the Fund under paragraph (6).

(4)

Expenditures From Fund

(A)

In general

On request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are appropriate, in accordance with paragraph (1).

(B)

Limitation

The Secretary shall not expend money from the Fund on any 1 proposal—

(i)

during a period of more than 10 fiscal years; or

(ii)

in excess of $4,000,000 in any 1 fiscal year.

(5)

Accounting and Reporting System

The Secretary shall establish an accounting and reporting system for the Fund.

(6)

Authorization of Appropriations

There is authorized to be appropriated to the Fund $40,000,000 for each of fiscal years 2009 through 2019, to remain available until expended.

(g)

Program Implementation and Monitoring

(1)

Work Plan

Not later than 180 days after the date on which a proposal is selected to be carried out, the Secretary shall create, in collaboration with the interested persons, an implementation work plan and budget to implement the proposal that includes—

(A)

a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration;

(B)

a business plan that addresses—

(i)

the anticipated unit treatment cost reductions over 10 years;

(ii)

the anticipated costs for infrastructure needed for the proposal;

(iii)

the projected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; and

(iv)

the projected local economic benefits of the proposal;

(C)

documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments; and

(D)

a plan to decommission any temporary roads established to carry out the proposal.

(2)

Project implementation

Amounts transferred to the Secretary from the Fund shall be used to carry out ecological restoration treatments that are—

(A)

consistent with the proposal and strategy; and

(B)

identified through the collaborative process described in subsection (b)(2).

(3)

Annual Report

The Secretary, in collaboration with the Secretary of the Interior and interested persons, shall prepare an annual report on the accomplishments of each selected proposal that includes—

(A)

a description of all acres (or other appropriate unit) treated and restored through projects implementing the strategy;

(B)

an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance;

(C)

a description of community benefits achieved, including any local economic benefits;

(D)

the results of the multiparty monitoring, evaluation, and accountability process under paragraph (4); and

(E)

a summary of the costs of—

(i)

treatments; and

(ii)

relevant fire management activities.

(4)

Multiparty Monitoring

The Secretary shall, in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and accountability process to assess the positive or negative ecological, social, and economic effects of projects implementing a selected proposal for not less than 15 years after project implementation commences.

(h)

Report

Not later than 5 years after the first fiscal year in which funding is made available to carry out ecological restoration projects under the program, and every 5 years thereafter, the Secretary, in consultation with the Secretary of the Interior, shall submit a report on the program, including an assessment of whether, and to what extent, the program is fulfilling the purposes of this title, to—

(1)

the Committee on Energy and Natural Resources of the Senate;

(2)

the Committee on Appropriations of the Senate;

(3)

the Committee on Natural Resources of the House of Representatives; and

(4)

the Committee on Appropriations of the House of Representatives.

404.

Authorization of appropriations

There are authorized to be appropriated to the Secretary and the Secretary of the Interior such sums as are necessary to carry out this title.

V

Rivers and trails

A

Additions to the National Wild and Scenic Rivers System

501.

Fossil Creek, Arizona

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 154(a)) is amended by adding at the end the following:

(196)

Fossil Creek, Arizona

Approximately 16.8 miles of Fossil Creek from the confluence of Sand Rock and Calf Pen Canyons to the confluence with the Verde River, to be administered by the Secretary of Agriculture in the following classes:

(A)

The approximately 2.7-mile segment from the confluence of Sand Rock and Calf Pen Canyons to the point where the segment exits the Fossil Spring Wilderness, as a wild river.

(B)

The approximately 7.5-mile segment from where the segment exits the Fossil Creek Wilderness to the boundary of the Mazatzal Wilderness, as a recreational river.

(C)

The 6.6-mile segment from the boundary of the Mazatzal Wilderness downstream to the confluence with the Verde River, as a wild river.

.

502.

Snake River Headwaters, Wyoming

(a)

Findings; purposes

(1)

Findings

Congress finds that—

(A)

the headwaters of the Snake River System in northwest Wyoming feature some of the cleanest sources of freshwater, healthiest native trout fisheries, and most intact rivers and streams in the lower 48 States;

(B)

the rivers and streams of the headwaters of the Snake River System—

(i)

provide unparalleled fishing, hunting, boating, and other recreational activities for—

(I)

local residents; and

(II)

millions of visitors from around the world; and

(ii)

are national treasures;

(C)

each year, recreational activities on the rivers and streams of the headwaters of the Snake River System generate millions of dollars for the economies of—

(i)

Teton County, Wyoming; and

(ii)

Lincoln County, Wyoming;

(D)

to ensure that future generations of citizens of the United States enjoy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress should apply the protections provided by the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) to those rivers and streams; and

(E)

the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while—

(i)

preserving public access to those rivers and streams;

(ii)

respecting private property rights (including existing water rights); and

(iii)

continuing to allow historic uses of the rivers and streams.

(2)

Purposes

The purposes of this section are—

(A)

to protect for current and future generations of citizens of the United States the outstandingly remarkable scenic, natural, wildlife, fishery, recreational, scientific, historic, and ecological values of the rivers and streams of the headwaters of the Snake River System, while continuing to deliver water and operate and maintain valuable irrigation water infrastructure; and

(B)

to designate approximately 387.7 miles of the rivers and streams of the headwaters of the Snake River System as additions to the National Wild and Scenic Rivers System.

(b)

Definitions

In this section:

(1)

Secretary concerned

The term Secretary concerned means—

(A)

the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (c)) that is not located in—

(i)

Grand Teton National Park;

(ii)

Yellowstone National Park;

(iii)

the John D. Rockefeller, Jr. Memorial Parkway; or

(iv)

the National Elk Refuge; and

(B)

the Secretary of the Interior, with respect to each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (c)) that is located in—

(i)

Grand Teton National Park;

(ii)

Yellowstone National Park;

(iii)

the John D. Rockefeller, Jr. Memorial Parkway; or

(iv)

the National Elk Refuge.

(2)

State

The term State means the State of Wyoming.

(c)

Wild and scenic river designations, Snake River System

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 501) is amended by adding at the end the following:

(197)

Wild and scenic river designations, Snake River System

The following segments of the Snake River System, in the State of Wyoming:

(A)

Bailey creek

The 7-mile segment of Bailey Creek, from the divide with the Little Greys River north to its confluence with the Snake River, as a wild river.

(B)

Blackrock creek

The 22-mile segment from its source to the Bridger-Teton National Forest boundary, as a scenic river.

(C)

Buffalo Fork of the Snake River

The portions of the Buffalo Fork of the Snake River, consisting of—

(i)

the 55-mile segment consisting of the North Fork, the Soda Fork, and the South Fork, upstream from Turpin Meadows, as a wild river;

(ii)

the 14-mile segment from Turpin Meadows to the upstream boundary of Grand Teton National Park, as a scenic river; and

(iii)

the 7.7-mile segment from the upstream boundary of Grand Teton National Park to its confluence with the Snake River, as a scenic river.

(D)

Crystal Creek

The portions of Crystal Creek, consisting of—

(i)

the 14-mile segment from its source to the Gros Ventre Wilderness boundary, as a wild river; and

(ii)

the 5-mile segment from the Gros Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river.

(E)

Granite Creek

The portions of Granite Creek, consisting of—

(i)

the 12-mile segment from its source to the end of Granite Creek Road, as a wild river; and

(ii)

the 9.5-mile segment from Granite Hot Springs to the point 1 mile upstream from its confluence with the Hoback River, as a scenic river.

(F)

Gros Ventre River

The portions of the Gros Ventre River, consisting of—

(i)

the 16.5-mile segment from its source to Darwin Ranch, as a wild river;

(ii)

the 39-mile segment from Darwin Ranch to the upstream boundary of Grand Teton National Park, excluding the section along Lower Slide Lake, as a scenic river; and

(iii)

the 3.3-mile segment flowing across the southern boundary of Grand Teton National Park to the Highlands Drive Loop Bridge, as a scenic river.

(G)

Hoback river

The 10-mile segment from the point 10 miles upstream from its confluence with the Snake River to its confluence with the Snake River, as a recreational river.

(H)

Lewis River

The portions of the Lewis River, consisting of—

(i)

the 5-mile segment from Shoshone Lake to Lewis Lake, as a wild river; and

(ii)

the 12-mile segment from the outlet of Lewis Lake to its confluence with the Snake River, as a scenic river.

(I)

Pacific Creek

The portions of Pacific Creek, consisting of—

(i)

the 22.5-mile segment from its source to the Teton Wilderness boundary, as a wild river; and

(ii)

the 11-mile segment from the Wilderness boundary to its confluence with the Snake River, as a scenic river.

(J)

Shoal creek

The 8-mile segment from its source to the point 8 miles downstream from its source, as a wild river.

(K)

Snake River

The portions of the Snake River, consisting of—

(i)

the 47-mile segment from its source to Jackson Lake, as a wild river;

(ii)

the 24.8-mile segment from 1 mile downstream of Jackson Lake Dam to 1 mile downstream of the Teton Park Road bridge at Moose, Wyoming, as a scenic river; and

(iii)

the 19-mile segment from the mouth of the Hoback River to the point 1 mile upstream from the Highway 89 bridge at Alpine Junction, as a recreational river, the boundary of the western edge of the corridor for the portion of the segment extending from the point 3.3 miles downstream of the mouth of the Hoback River to the point 4 miles downstream of the mouth of the Hoback River being the ordinary high water mark.

(L)

Willow creek

The 16.2-mile segment from the point 16.2 miles upstream from its confluence with the Hoback River to its confluence with the Hoback River, as a wild river.

(M)

Wolf Creek

The 7-mile segment from its source to its confluence with the Snake River, as a wild river.

.

(d)

Management

(1)

In general

Each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (c)) shall be managed by the Secretary concerned.

(2)

Management plan

(A)

In general

In accordance with subparagraph (A), not later than 3 years after the date of enactment of this Act, the Secretary concerned shall develop a management plan for each river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (c)) that is located in an area under the jurisdiction of the Secretary concerned.

(B)

Required component

Each management plan developed by the Secretary concerned under subparagraph (A) shall contain, with respect to the river segment that is the subject of the plan, a section that contains an analysis and description of the availability and compatibility of future development with the wild and scenic character of the river segment (with particular emphasis on each river segment that contains 1 or more parcels of private land).

(3)

Quantification of Water Rights Reserved by River Segments

(A)

The Secretary concerned shall apply for the quantification of the water rights reserved by each river segment designated by this section in accordance with the procedural requirements of the laws of the State of Wyoming.

(B)

For the purpose of the quantification of water rights under this subsection, with respect to each Wild and Scenic River segment designated by this section—

(i)

the purposes for which the segments are designated, as set forth in this section, are declared to be beneficial uses; and

(ii)

the priority date of such right shall be the date of enactment of this Act.

(4)

Stream gauges

Consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry out activities at United States Geological Survey stream gauges that are located on the Snake River (including tributaries of the Snake River), including flow measurements and operation, maintenance, and replacement.

(5)

Consent of property owner

No property or interest in property located within the boundaries of any river segment described in paragraph (197) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (c)) may be acquired by the Secretary without the consent of the owner of the property or interest in property.

(6)

Effect of designations

(A)

In general

Nothing in this section affects valid existing rights, including—

(i)

all interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts);

(ii)

water rights in the States of Idaho and Wyoming; and

(iii)

water rights held by the United States.

(B)

Jackson Lake; Jackson Lake Dam

Nothing in this section shall affect the management and operation of Jackson Lake or Jackson Lake Dam.

(e)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

503.

Taunton River, Massachusetts

(a)

Designation

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 502) is amended by adding at the end the following:

(198)

Taunton River, Massachusetts

The main stem of the Taunton River from its headwaters at the confluence of the Town and Matfield Rivers in the Town of Bridgewater downstream 40 miles to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, to be administered by the Secretary of the Interior in cooperation with the Taunton River Stewardship Council as follows:

(A)

The 18-mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river.

(B)

The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river.

(C)

The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river.

(D)

The 9-mile segment from Muddy Cove to the confluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river.

.

(b)

Management of Taunton River, Massachusetts

(1)

Taunton River Stewardship Plan

(A)

In general

Each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall be managed in accordance with the Taunton River Stewardship Plan, dated July 2005 (including any amendment to the Taunton River Stewardship Plan that the Secretary of the Interior (referred to in this subsection as the Secretary) determines to be consistent with this section).

(B)

Effect

The Taunton River Stewardship Plan described in subparagraph (A) shall be considered to satisfy each requirement relating to the comprehensive management plan required under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).

(2)

Cooperative agreements

To provide for the long-term protection, preservation, and enhancement of each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)), pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into cooperative agreements (which may include provisions for financial and other assistance) with—

(A)

the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachusetts);

(B)

the Taunton River Stewardship Council; and

(C)

any appropriate nonprofit organization, as determined by the Secretary.

(3)

Relation to National Park System

Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall not be—

(A)

administered as a unit of the National Park System; or

(B)

subject to the laws (including regulations) that govern the administration of the National Park System.

(4)

Land management

(A)

Zoning ordinances

The zoning ordinances adopted by the Towns of Bridgewater, Halifax, Middleborough, Raynham, Berkley, Dighton, Freetown, and Somerset, and the Cities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordinances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a))), shall be considered to satisfy each standard and requirement described in section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).

(B)

Villages

For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in subparagraph (A) shall be considered to be a village.

(C)

Acquisition of land

(i)

Limitation of authority of Secretary

With respect to each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may only acquire parcels of land—

(I)

by donation; or

(II)

with the consent of the owner of the parcel of land.

(ii)

Prohibition relating to acquisition of land by condemnation

In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each river segment designated by section 3(a)(198) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may not acquire any parcel of land by condemnation.

B

Additions to the National Trails System

511.

Arizona National Scenic Trail

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) is amended by adding at the end the following:

(27)

Arizona national scenic trail

(A)

In general

The Arizona National Scenic Trail, extending approximately 807 miles across the State of Arizona from the U.S.–Mexico international border to the Arizona–Utah border, as generally depicted on the map entitled Arizona National Scenic Trail and dated December 5, 2007, to be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior and appropriate State, tribal, and local governmental agencies.

(B)

Availability of map

The map shall be on file and available for public inspection in appropriate offices of the Forest Service.

.

512.

New England National Scenic Trail

(a)

Authorization and administration

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 511) is amended by adding at the end the following:

(28)

New England national scenic trail

The New England National Scenic Trail, a continuous trail extending approximately 220 miles from the border of New Hampshire in the town of Royalston, Massachusetts to Long Island Sound in the town of Guilford, Connecticut, as generally depicted on the map titled ‘New England National Scenic Trail Proposed Route’, numbered T06/80,000, and dated October 2007. The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. The Secretary of the Interior, in consultation with appropriate Federal, State, tribal, regional, and local agencies, and other organizations, shall administer the trail after considering the recommendations of the report titled the ‘Metacomet Monadnock Mattabesset Trail System National Scenic Trail Feasibility Study and Environmental Assessment’, prepared by the National Park Service, and dated Spring 2006. The United States shall not acquire for the trail any land or interest in land without the consent of the owner.

.

(b)

Management

The Secretary of the Interior (referred to in this section as the Secretary) shall consider the actions outlined in the Trail Management Blueprint described in the report titled the Metacomet Monadnock Mattabesett Trail System National Scenic Trail Feasibility Study and Environmental Assessment, prepared by the National Park Service, and dated Spring 2006, as the framework for management and administration of the New England National Scenic Trail. Additional or more detailed plans for administration, management, protection, access, maintenance, or development of the trail may be developed consistent with the Trail Management Blueprint, and as approved by the Secretary.

(c)

Cooperative agreements

The Secretary is authorized to enter into cooperative agreements with the Commonwealth of Massachusetts (and its political subdivisions), the State of Connecticut (and its political subdivisions), and other regional, local, and private organizations deemed necessary and desirable to accomplish cooperative trail administrative, management, and protection objectives consistent with the Trail Management Blueprint. An agreement under this subsection may include provisions for limited financial assistance to encourage participation in the planning, acquisition, protection, operation, development, or maintenance of the trail.

(d)

Additional trail segments

Pursuant to section 6 of the National Trails System Act (16 U.S.C. 1245), the Secretary is encouraged to work with the State of New Hampshire and appropriate local and private organizations to include that portion of the Metacomet-Monadnock Trail in New Hampshire (which lies between Royalston, Massachusetts and Jaffrey, New Hampshire) as a component of the New England National Scenic Trail. Inclusion of this segment, as well as other potential side or connecting trails, is contingent upon written application to the Secretary by appropriate State and local jurisdictions and a finding by the Secretary that trail management and administration is consistent with the Trail Management Blueprint.

513.

Ice Age Floods National Geologic Trail

(a)

Findings; purpose

(1)

Findings

Congress finds that—

(A)

at the end of the last Ice Age, some 12,000 to 17,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing features on the landscape of parts of the States of Montana, Idaho, Washington and Oregon;

(B)

geological features that have exceptional value and quality to illustrate and interpret this extraordinary natural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and

(C)

in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National Geologic Trail—

(i)

to recognize the national significance of this phenomenon; and

(ii)

to coordinate public and private sector entities in the presentation of the story of the Ice Age floods.

(2)

Purpose

The purpose of this section is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities.

(b)

Definitions

In this section:

(1)

Ice age floods; floods

The term Ice Age floods or floods means the cataclysmic floods that occurred in what is now the northwestern United States during the last Ice Age from massive, rapid and recurring drainage of Glacial Lake in Missoula, Montana.

(2)

Plan

The term plan means the cooperative management and interpretation plan authorized under subsection (f)(5).

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Trail

The term Trail means the Ice Age Floods National Geologic Trail designated by subsection (c).

(c)

Designation

In order to provide for public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collaborative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail.

(d)

Location

(1)

Map

The route of the Trail shall be generally depicted on the map entitled Ice Age Floods National Geologic Trail, numbered P43/80,000 and dated June 2004.

(2)

Route

The route shall generally follow public roads and highways.

(3)

Revision

The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan.

(e)

Map Availability

The map referred to in subsection (d)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(f)

Administration

(1)

In General

The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this section.

(2)

Limitation

Except as provided in paragraph (6)(B), the Trail shall not be considered to be a unit of the National Park System.

(3)

Trail Management Office

To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail.

(4)

Interpretive Facilities

The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan.

(5)

Management Plan

(A)

In general

Not later than 3 years after funds are made available to carry out this section, the Secretary shall prepare a cooperative management and interpretation plan for the Trail.

(B)

Consultation

The Secretary shall prepare the plan in consultation with—

(i)

State, local, and tribal governments;

(ii)

the Ice Age Floods Institute;

(iii)

private property owners; and

(iv)

other interested parties.

(C)

Contents

The plan shall—

(i)

confirm and, if appropriate, expand on the inventory of features of the floods contained in the National Park Service study entitled Ice Age Floods, Study of Alternatives and Environmental Assessment (February 2001) by—

(I)

locating features more accurately;

(II)

improving the description of features; and

(III)

reevaluating the features in terms of their interpretive potential;

(ii)

review and, if appropriate, modify the map of the Trail referred to in subsection (d)(1);

(iii)

describe strategies for the coordinated development of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and

(iv)

identify potential partnering opportunities in the development of interpretive facilities and educational programs to educate the public about the story of the floods.

(6)

Cooperative Management

(A)

In general

In order to facilitate the development of coordinated interpretation, education, resource stewardship, visitor facility development and operation, and scientific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative management agreements with appropriate officials in the States of Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the National Park System under section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l)).

(B)

Authority

For purposes of this paragraph only, the Trail shall be considered a unit of the National Park System.

(7)

Cooperative Agreements

The Secretary may enter into cooperative agreements with public or private entities to carry out this section.

(8)

Effect on Private Property Rights

Nothing in this section—

(A)

requires any private property owner to allow public access (including Federal, State, or local government access) to private property; or

(B)

modifies any provision of Federal, State, or local law with respect to public access to or use of private land.

(9)

Liability

Designation of the Trail by subsection (c) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.

(g)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section, of which not more than $12,000,000 may be used for development of the Trail.

514.

Washington-Rochambeau Revolutionary Route National Historic Trail

Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 512(a)) is amended by adding at the end the following:

(29)

Washington-Rochambeau revolutionary route national historic trail

(A)

In general

The Washington-Rochambeau Revolutionary Route National Historic Trail, a corridor of approximately 600 miles following the route taken by the armies of General George Washington and Count Rochambeau between Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as generally depicted on the map entitled WASHINGTON-ROCHAMBEAU REVOLUTIONARY ROUTE NATIONAL HISTORIC TRAIL, numbered T01/80,001, and dated June 2007.

(B)

Map

The map referred to in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(C)

Administration

The trail shall be administered by the Secretary of the Interior, in consultation with—

(i)

other Federal, State, tribal, regional, and local agencies; and

(ii)

the private sector.

(D)

Land acquisition

The United States shall not acquire for the trail any land or interest in land outside the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in land.

.

C

National Trail System Amendments

521.

National Trails System willing seller authority

(a)

Authority To acquire land from willing sellers for certain trails

(1)

Oregon national historic trail

Section 5(a)(3) of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

(2)

Mormon pioneer national historic trail

Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

(3)

Continental divide national scenic trail

Section 5(a)(5) of the National Trails System Act (16 U.S.C. 1244(a)(5)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

(4)

Lewis and clark national historic trail

Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

(5)

Iditarod national historic trail

Section 5(a)(7) of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

(6)

North country national scenic trail

Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land..

(7)

Ice age national scenic trail

Section 5(a)(10) of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land..

(8)

Potomac heritage national scenic trail

Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended—

(A)

by striking the fourth and fifth sentences; and

(B)

by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land..

(9)

Nez perce national historic trail

Section 5(a)(14) of the National Trails System Act (16 U.S.C. 1244(a)(14)) is amended—

(A)

by striking the fourth and fifth sentences; and

(B)

by adding at the end the following: No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1/4 mile on either side of the trail..

(b)

Conforming amendment

Section 10 of the National Trails System Act (16 U.S.C. 1249) is amended by striking subsection (c) and inserting the following:

(c)

Authorization of appropriations

(1)

In general

Except as otherwise provided in this Act, there are authorized to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a).

(2)

Natchez Trace National Scenic Trail

(A)

In general

With respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the trail) designated by section 5(a)(12)—

(i)

not more than $500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and

(ii)

not more than $2,000,000 shall be appropriated for the development of the trail.

(B)

Participation by volunteer trail groups

The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.

.

522.

Revision of feasibility and suitability studies of existing national historic trails

Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following:

(g)

Revision of Feasibility and Suitability Studies of Existing National Historic Trails

(1)

Definitions

In this subsection:

(A)

Route

The term route includes a trail segment commonly known as a cutoff.

(B)

Shared route

The term shared route means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail.

(2)

Requirements for revision

(A)

In general

The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails.

(B)

Study requirements and objectives

The study requirements and objectives specified in subsection (b) shall apply to a study required by this subsection.

(C)

Completion and submission of study

A study listed in this subsection shall be completed and submitted to Congress not later than 3 complete fiscal years from the date funds are made available for the study.

(3)

Oregon National Historic Trail

(A)

Study required

The Secretary of the Interior shall undertake a study of the routes of the Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled Western Emigrant Trails 1830/1870 and dated 1991/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Oregon National Historic Trail.

(B)

Covered routes

The routes to be studied under subparagraph (A) shall include the following:

(i)

Whitman Mission route.

(ii)

Upper Columbia River.

(iii)

Cowlitz River route.

(iv)

Meek cutoff.

(v)

Free Emigrant Road.

(vi)

North Alternate Oregon Trail.

(vii)

Goodale’s cutoff.

(viii)

North Side alternate route.

(ix)

Cutoff to Barlow road.

(x)

Naches Pass Trail.

(4)

Pony Express National Historic Trail

The Secretary of the Interior shall undertake a study of the approximately 20-mile southern alternative route of the Pony Express Trail from Wathena, Kansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Pony Express National Historic Trail.

(5)

California National Historic Trail

(A)

Study required

The Secretary of the Interior shall undertake a study of the Missouri Valley, central, and western routes of the California Trail listed in subparagraph (B) and generally depicted on the map entitled Western Emigrant Trails 1830/1870 and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the California National Historic Trail.

(B)

Covered routes

The routes to be studied under subparagraph (A) shall include the following:

(i)

Missouri Valley routes

(I)

Blue Mills-Independence Road.

(II)

Westport Landing Road.

(III)

Westport-Lawrence Road.

(IV)

Fort Leavenworth-Blue River route.

(V)

Road to Amazonia.

(VI)

Union Ferry Route.

(VII)

Old Wyoming-Nebraska City cutoff.

(VIII)

Lower Plattsmouth Route.

(IX)

Lower Bellevue Route.

(X)

Woodbury cutoff.

(XI)

Blue Ridge cutoff.

(XII)

Westport Road.

(XIII)

Gum Springs-Fort Leavenworth route.

(XIV)

Atchison/Independence Creek routes.

(XV)

Fort Leavenworth-Kansas River route.

(XVI)

Nebraska City cutoff routes.

(XVII)

Minersville-Nebraska City Road.

(XVIII)

Upper Plattsmouth route.

(XIX)

Upper Bellevue route.

(ii)

Central routes

(I)

Cherokee Trail, including splits.

(II)

Weber Canyon route of Hastings cutoff.

(III)

Bishop Creek cutoff.

(IV)

McAuley cutoff.

(V)

Diamond Springs cutoff.

(VI)

Secret Pass.

(VII)

Greenhorn cutoff.

(VIII)

Central Overland Trail.

(iii)

Western routes

(I)

Bidwell-Bartleson route.

(II)

Georgetown/Dagget Pass Trail.

(III)

Big Trees Road.

(IV)

Grizzly Flat cutoff.

(V)

Nevada City Road.

(VI)

Yreka Trail.

(VII)

Henness Pass route.

(VIII)

Johnson cutoff.

(IX)

Luther Pass Trail.

(X)

Volcano Road.

(XI)

Sacramento-Coloma Wagon Road.

(XII)

Burnett cutoff.

(XIII)

Placer County Road to Auburn.

(6)

Mormon Pioneer National Historic Trail

(A)

Study required

The Secretary of the Interior shall undertake a study of the routes of the Mormon Pioneer Trail listed in subparagraph (B) and generally depicted in the map entitled Western Emigrant Trails 1830/1870 and dated 1991/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Mormon Pioneer National Historic Trail.

(B)

Covered routes

The routes to be studied under subparagraph (A) shall include the following:

(i)

1846 Subsequent routes A and B (Lucas and Clarke Counties, Iowa).

(ii)

1856–57 Handcart route (Iowa City to Council Bluffs).

(iii)

Keokuk route (Iowa).

(iv)

1847 Alternative Elkhorn and Loup River Crossings in Nebraska.

(v)

Fort Leavenworth Road; Ox Bow route and alternates in Kansas and Missouri (Oregon and California Trail routes used by Mormon emigrants).

(vi)

1850 Golden Pass Road in Utah.

(7)

Shared California and Oregon Trail routes

(A)

Study required

The Secretary of the Interior shall undertake a study of the shared routes of the California Trail and Oregon Trail listed in subparagraph (B) and generally depicted on the map entitled Western Emigrant Trails 1830/1870 and dated 1991/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as shared components of the California National Historic Trail and the Oregon National Historic Trail.

(B)

Covered routes

The routes to be studied under subparagraph (A) shall include the following:

(i)

St. Joe Road.

(ii)

Council Bluffs Road.

(iii)

Sublette cutoff.

(iv)

Applegate route.

(v)

Old Fort Kearny Road (Oxbow Trail).

(vi)

Childs cutoff.

(vii)

Raft River to Applegate.

.

VI

Department of the Interior authorizations

A

National Parks and Federal Recreational Lands Pass discount

601.

National Parks and Federal Recreational Lands Pass for eligible individuals

Section 805(b) of division J of the Consolidated Appropriations Act, 2005 (16 U.S.C. 6804(b)), is amended by adding at the end the following:

(3)

Cost to eligible individuals

(A)

In general

The Secretary shall make the National Parks and Federal Recreational Lands Pass available, at a cost of $10 (subject to the same rate of increase as the regular cost of the National Parks and Federal Recreational Lands Pass), to any individual determined to be eligible under subparagraph (C).

(B)

Term

A National Parks and Federal Recreational Lands Pass issued under this paragraph shall be valid for 1 year after the date of issuance of the pass.

(C)

Proof of eligibility

The Secretary, after consultation with the Secretary of Veterans Affairs and the Secretary of Defense, shall determine the appropriate documentation that a veteran or an active duty or reserve member of the United States Armed Forces shall provide as proof that the veteran or member is eligible for the discount available under this paragraph.

.

B

Competitive status for Federal employees in Alaska

611.

Competitive status for certain Federal employees in the State of Alaska

Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is amended by adding at the end the following:

(e)

Competitive status

(1)

In general

Nothing in subsection (a) provides that any person hired pursuant to the program established under that subsection is not eligible for competitive status in the same manner as any other employee hired as part of the competitive service.

(2)

Redesignation of certain positions

(A)

Persons serving in original positions

Not later than 60 days after the date of enactment of this subsection, with respect to any person hired into a permanent position pursuant to the program established under subsection (a) who is serving in that position as of the date of enactment of this subsection, the Secretary shall redesignate that position and the person serving in that position as having been part of the competitive service as of the date that the person was hired into that position.

(B)

Persons no longer serving in original positions

With respect to any person who was hired pursuant to the program established under subsection (a) that is no longer serving in that position as of the date of enactment of this subsection—

(i)

the person may provide to the Secretary a request for redesignation of the service as part of the competitive service that includes evidence of the employment; and

(ii)

not later than 90 days of the submission of a request under clause (i), the Secretary shall redesignate the service of the person as being part of the competitive service.

.

C

National Tropical Botanical Garden

621.

Authorization of appropriations for National Tropical Botanical Garden

Chapter 1535 of title 36, United States Code, is amended by adding at the end the following:

153514.

Authorization of appropriations

(a)

In general

Subject to subsection (b), there is authorized to be appropriated to the corporation for operation and maintenance expenses $500,000 for each of fiscal years 2008 through 2017.

(b)

Limitation

Any Federal funds made available under subsection (a) shall be matched on a 1-to-1 basis by non-Federal funds.

.

D

Management of the Baca National Wildlife Refuge

631.

Baca National Wildlife Refuge

Section 6 of the Great Sand Dunes National Park and Preserve Act of 2000 (16 U.S.C. 410hhh–4) is amended—

(1)

in subsection (a)—

(A)

by striking (a) Establishment.—(1) When and inserting the following:

(a)

Establishment and purpose

(1)

Establishment

(A)

In general

When

;

(B)

in paragraph (2), by striking (2) Such establishment and inserting the following:

(B)

Effective date

The establishment of the refuge under subparagraph (A)

; and

(C)

by adding at the end the following:

(2)

Purpose

The purpose of the Baca National Wildlife Refuge shall be to restore, enhance, and maintain wetland, upland, riparian, and other habitats for native wildlife, plant, and fish species in the San Luis Valley.

;

(2)

in subsection (c)—

(A)

by striking The Secretary and inserting the following:

(1)

In general

The Secretary

; and

(B)

by adding at the end the following:

(2)

Requirements

In administering the Baca National Wildlife Refuge, the Secretary shall, to the maximum extent practicable—

(A)

emphasize migratory bird conservation; and

(B)

take into consideration the role of the Refuge in broader landscape conservation efforts.

; and

(3)

in subsection (d)—

(A)

in paragraph (1), by striking and at the end;

(B)

in paragraph (2), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following:

(3)

subject to any agreement in existence as of the date of enactment of this paragraph, and to the extent consistent with the purposes of the Refuge, use decreed water rights on the Refuge in approximately the same manner that the water rights have been used historically.

.

E

Paleontological resources preservation

641.

Definitions

In this subtitle:

(1)

Casual collecting

The term casual collecting means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth’s surface and other resources. As used in this paragraph, the terms reasonable amount, common invertebrate and plant paleontological resources and negligible disturbance shall be determined by the Secretary.

(2)

Federal land

The term Federal land means—

(A)

land controlled or administered by the Secretary of the Interior, except Indian land; or

(B)

National Forest System land controlled or administered by the Secretary of Agriculture.

(3)

Indian land

The term Indian Land means land of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States.

(4)

Paleontological resource

The term paleontological resource means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include—

(A)

any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or

(B)

any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).

(5)

Secretary

The term Secretary means the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture.

(6)

State

The term State means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

642.

Management

(a)

In General

The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public.

(b)

Coordination

To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this subtitle.

643.

Public awareness and education program

The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.

644.

Collection of paleontological resources

(a)

Permit Requirement

(1)

In general

Except as provided in this subtitle, a paleontological resource may not be collected from Federal land without a permit issued under this subtitle by the Secretary.

(2)

Casual collecting exception

The Secretary may allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle.

(3)

Previous permit exception

Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act.

(b)

Criteria for Issuance of a Permit

The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that—

(1)

the applicant is qualified to carry out the permitted activity;

(2)

the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education;

(3)

the permitted activity is consistent with any management plan applicable to the Federal land concerned; and

(4)

the proposed methods of collecting will not threaten significant natural or cultural resources.

(c)

Permit Specifications

A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this subtitle. Every permit shall include requirements that—

(1)

the paleontological resource that is collected from Federal land under the permit will remain the property of the United States;

(2)

the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and

(3)

specific locality data will not be released by the permittee or repository without the written permission of the Secretary.

(d)

Modification, Suspension, and Revocation of Permits

(1)

The Secretary may modify, suspend, or revoke a permit issued under this section—

(A)

for resource, safety, or other management considerations; or

(B)

when there is a violation of term or condition of a permit issued pursuant to this section.

(2)

The permit shall be revoked if any person working under the authority of the permit is convicted under section 646 or is assessed a civil penalty under section 647.

(e)

Area Closures

In order to protect paleontological or other resources and to provide for public safety, the Secretary may restrict access to or close areas under the Secretary’s jurisdiction to the collection of paleontological resources.

645.

Curation of resources

Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non-Federal repositories regarding the curation of these resources, data, and records.

646.

Prohibited acts; criminal penalties

(a)

In General

A person may not—

(1)

excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this subtitle;

(2)

exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this subtitle; or

(3)

sell or purchase or offer to sell or purchase any paleontological resource if, in the exercise of due care, the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land.

(b)

False Labeling Offenses

A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.

(c)

Penalties

A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 10 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than 1 year, or both.

(d)

General Exception

Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of enactment of this Act.

647.

Civil penalties

(a)

In General

(1)

Hearing

A person who violates any prohibition contained in an applicable regulation or permit issued under this subtitle may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section.

(2)

Amount of penalty

The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this subtitle, taking into account the following factors:

(A)

The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary.

(B)

The cost of response, restoration, and repair of the resource and the paleontological site involved.

(C)

Any other factors considered relevant by the Secretary assessing the penalty.

(3)

Multiple offenses

In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.

(4)

Limitation

The amount of any penalty assessed under this subsection for any 1 violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.

(b)

Petition for Judicial Review; Collection of Unpaid Assessments

(1)

Judicial review

Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.

(2)

Failure to pay

If any person fails to pay a penalty under this section within 30 days—

(A)

after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or

(B)

after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings.

(c)

Hearings

Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code.

(d)

Use of Recovered Amounts

Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows:

(1)

To protect, restore, or repair the paleontological resources and sites which were the subject of the action, or to acquire sites with equivalent resources, and to protect, monitor, and study the resources and sites. Any acquisition shall be subject to any limitations contained in the organic legislation for such Federal land.

(2)

To provide educational materials to the public about paleontological resources and sites.

(3)

To provide for the payment of rewards as provided in section 648.

648.

Rewards and forfeiture

(a)

Rewards

The Secretary may pay from penalties collected under section 646 or 647—

(1)

consistent with amounts established in regulations by the Secretary; or

(2)

if no such regulation exists, an amount equal to the lesser of 1/2 of the penalty or $500, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.

(b)

Forfeiture

All paleontological resources with respect to which a violation under section 646 or 647 occurred and which are in the possession of any person, and all vehicles and equipment of any person that were used in connection with the violation, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture. All provisions of law relating to the seizure, forfeiture, and condemnation of property for a violation of this subtitle, the disposition of such property or the proceeds from the sale thereof, and remission or mitigation of such forfeiture, as well as the procedural provisions of chapter 46 of title 18, United States Code, shall apply to the seizures and forfeitures incurred or alleged to have incurred under the provisions of this subtitle.

(c)

Transfer of Seized Resources

The Secretary may transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific or educational purposes.

649.

Confidentiality

Information concerning the nature and specific location of a paleontological resource the collection of which requires a permit under this subtitle or under any other provision of Federal law shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would—

(1)

further the purposes of this subtitle;

(2)

not create risk of harm to or theft or destruction of the resource or the site containing the resource; and

(3)

be in accordance with other applicable laws.

650.

Regulations

As soon as practical after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment.

651.

Savings provisions

Nothing in this subtitle shall be construed to—

(1)

invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701–1784), Public Law 94–429 (commonly known as the Mining in the Parks Act) (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201–1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551);

(2)

invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land;

(3)

apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this subtitle;

(4)

affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land;

(5)

alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal land in addition to the protection provided under this subtitle; or

(6)

create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this subtitle.

652.

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.

VII

National Park Service authorizations

A

Additions to the National Park System

701.

Paterson Great Falls National Historical Park, New Jersey

(a)

Definitions

In this section:

(1)

City

The term City means the City of Paterson, New Jersey.

(2)

Commission

The term Commission means the Paterson Great Falls National Historical Park Advisory Commission established by subsection (e)(1).

(3)

Historic district

The term Historic District means the Great Falls Historic District in the State.

(4)

Management plan

The term management plan means the management plan for the Park developed under subsection (d).

(5)

Map

The term Map means the map entitled Paterson Great Falls National Historical Park–Proposed Boundary, numbered T03/80,001, and dated May 2008.

(6)

Park

The term Park means the Paterson Great Falls National Historical Park established by subsection (b)(1)(A).

(7)

Secretary

The term Secretary means the Secretary of the Interior.

(8)

State

The term State means the State of New Jersey.

(b)

Paterson great falls national historical park

(1)

Establishment

(A)

In general

Subject to subparagraph (B), there is established in the State a unit of the National Park System to be known as the Paterson Great Falls National Historical Park.

(B)

Conditions for establishment

The Park shall not be established until the date on which the Secretary determines that—

(i)
(I)

the Secretary has acquired sufficient land or an interest in land within the boundary of the Park to constitute a manageable unit; or

(II)

the State or City, as appropriate, has entered into a written agreement with the Secretary to donate—

(aa)

the Great Falls State Park, including facilities for Park administration and visitor services; or

(bb)

any portion of the Great Falls State Park agreed to between the Secretary and the State or City; and

(ii)

the Secretary has entered into a written agreement with the State, City, or other public entity, as appropriate, providing that—

(I)

land owned by the State, City, or other public entity within the Historic District will be managed consistent with this section; and

(II)

future uses of land within the Historic District will be compatible with the designation of the Park.

(2)

Purpose

The purpose of the Park is to preserve and interpret for the benefit of present and future generations certain historical, cultural, and natural resources associated with the Historic District.

(3)

Boundaries

The Park shall include the following sites, as generally depicted on the Map:

(A)

The upper, middle, and lower raceways.

(B)

Mary Ellen Kramer (Great Falls) Park and adjacent land owned by the City.

(C)

A portion of Upper Raceway Park, including the Ivanhoe Wheelhouse and the Society for Establishing Useful Manufactures Gatehouse.

(D)

Overlook Park and adjacent land, including the Society for Establishing Useful Manufactures Hydroelectric Plant and Administration Building.

(E)

The Allied Textile Printing site, including the Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and Todd Mill ruins.

(F)

The Rogers Locomotive Company Erecting Shop, including the Paterson Museum.

(G)

The Great Falls Visitor Center.

(4)

Availability of map

The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(5)

Publication of notice

Not later than 60 days after the date on which the conditions in clauses (i) and (ii) of paragraph (1)(B) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the Park, including an official boundary map for the Park.

(c)

Administration

(1)

In general

The Secretary shall administer the Park in accordance with—

(A)

this section; and

(B)

the laws generally applicable to units of the National Park System, including—

(i)

the National Park Service Organic Act (16 U.S.C. 1 et seq.); and

(ii)

the Act of August 21, 1935 (16 U.S.C. 461 et seq.).

(2)

State and local jurisdiction

Nothing in this section enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the City)—

(A)

to exercise civil and criminal jurisdiction; or

(B)

to carry out State laws (including regulations) and rules on non-Federal land located within the boundary of the Park.

(3)

Cooperative agreements

(A)

In general

As the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the owner of the Great Falls Visitor Center or any nationally significant properties within the boundary of the Park under which the Secretary may identify, interpret, restore, and provide technical assistance for the preservation of the properties.

(B)

Right of access

A cooperative agreement entered into under subparagraph (A) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of—

(i)

conducting visitors through the properties; and

(ii)

interpreting the properties for the public.

(C)

Changes or alterations

No changes or alterations shall be made to any properties covered by a cooperative agreement entered into under subparagraph (A) unless the Secretary and the other party to the agreement agree to the changes or alterations.

(D)

Conversion, use, or disposal

Any payment made by the Secretary under this paragraph shall be subject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in amount equal to the greater of—

(i)

the amounts made available to the project by the United States; or

(ii)

the portion of the increased value of the project attributable to the amounts made available under this paragraph, as determined at the time of the conversion, use, or, disposal.

(E)

Matching funds

(i)

In general

As a condition of the receipt of funds under this paragraph, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to-1 basis by non-Federal funds.

(ii)

Form

With the approval of the Secretary, the non-Federal share required under clause (i) may be in the form of donated property, goods, or services from a non-Federal source.

(4)

Acquisition of land

(A)

In general

The Secretary may acquire land or interests in land within the boundary of the Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange.

(B)

Donation of State Owned land

Land or interests in land owned by the State or any political subdivision of the State may only be acquired by donation.

(5)

Technical assistance and public interpretation

The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the Historic District.

(d)

Management plan

(1)

In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary, in consultation with the Commission, shall complete a management plan for the Park in accordance with—

(A)

section 12(b) of Public Law 91–383 (commonly known as the National Park Service General Authorities Act) (16 U.S.C. 1a–7(b)); and

(B)

other applicable laws.

(2)

Cost Share

The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the City, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park.

(3)

Submission to Congress

On completion of the management plan, the Secretary shall submit the management plan to—

(A)

the Committee on Energy and Natural Resources of the Senate; and

(B)

the Committee on Natural Resources of the House of Representatives.

(e)

Paterson great falls national historical park advisory commission

(1)

Establishment

There is established a commission to be known as the Paterson Great Falls National Historical Park Advisory Commission.

(2)

Duties

The duties of the Commission shall be to advise the Secretary in the development and implementation of the management plan.

(3)

Membership

(A)

Composition

The Commission shall be composed of 9 members, to be appointed by the Secretary, of whom—

(i)

4 members shall be appointed after consideration of recommendations submitted by the Governor of the State;

(ii)

2 members shall be after consideration of recommendations submitted by the City Council of Paterson, New Jersey;

(iii)

1 member shall be after consideration of recommendations submitted by the Board of Chosen Freeholders of Passaic County, New Jersey; and

(iv)

2 members shall have experience with national parks and historic preservation.

(B)

Initial appointments

The Secretary shall appoint the initial members of the Commission not later than the earlier of—

(i)

the date that is 30 days after the date on which the Secretary has received all of the recommendations for appointments under subparagraph (A); or

(ii)

the date that is 30 days after the Park is established in accordance with subsection (b).

(4)

Term; vacancies

(A)

Term

(i)

In general

A member shall be appointed for a term of 3 years.

(ii)

Reappointment

A member may be reappointed for not more than 1 additional term.

(B)

Vacancies

A vacancy on the Commission shall be filled in the same manner as the original appointment was made.

(5)

Meetings

The Commission shall meet at the call of—

(A)

the Chairperson; or

(B)

a majority of the members of the Commission.

(6)

Quorum

A majority of the Commission shall constitute a quorum.

(7)

Chairperson and vice chairperson

(A)

In general

The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission.

(B)

Vice chairperson

The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson.

(C)

Term

A member may serve as Chairperson or Vice Chairman for not more than 1 year in each office.

(8)

Commission personnel matters

(A)

Compensation of members

(i)

In general

Members of the Commission shall serve without compensation.

(ii)

Travel expenses

Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.

(B)

Staff

(i)

In general

The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duties of the Commission.

(ii)

Detail of employees

The Secretary may accept the services of personnel detailed from—

(I)

the State;

(II)

any political subdivision of the State; or

(III)

any entity represented on the Commission.

(9)

FACA nonapplicability

Section 14(b) of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Commission.

(10)

Termination

The Commission shall terminate 10 years after the date of enactment of this Act.

(f)

Study of hinchliffe stadium

(1)

In general

Not later than 3 fiscal years after the date on which funds are made available to carry out this section, the Secretary shall complete a study regarding the preservation and interpretation of Hinchliffe Stadium, which is listed on the National Register of Historic Places.

(2)

Inclusions

The study shall include an assessment of—

(A)

the potential for listing the stadium as a National Historic Landmark; and

(B)

options for maintaining the historic integrity of Hinchliffe Stadium.

(g)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

702.

Thomas Edison National Historical Park, New Jersey

(a)

Purposes

The purposes of this section are—

(1)

to recognize and pay tribute to Thomas Alva Edison and his innovations; and

(2)

to preserve, protect, restore, and enhance the Edison National Historic Site to ensure public use and enjoyment of the Site as an educational, scientific, and cultural center.

(b)

Establishment

(1)

In general

There is established the Thomas Edison National Historical Park as a unit of the National Park System (referred to in this section as the Historical Park).

(2)

Boundaries

The Historical Park shall be comprised of all property owned by the United States in the Edison National Historic Site as well as all property authorized to be acquired by the Secretary of the Interior (referred to in this section as the Secretary) for inclusion in the Edison National Historic Site before the date of the enactment of this Act, as generally depicted on the map entitled the Thomas Edison National Historical Park, numbered 403/80,000, and dated April 2008.

(3)

Map

The map of the Historical Park shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(c)

Administration

(1)

In general

The Secretary shall administer the Historical Park in accordance with this section and with the provisions of law generally applicable to units of the National Park System, including the Acts 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 et seq.) and An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes, approved August 21, 1935 (16 U.S.C. 461 et seq.).

(2)

Acquisition of property

(A)

Real property

The Secretary may acquire land or interests in land within the boundaries of the Historical Park, from willing sellers only, by donation, purchase with donated or appropriated funds, or exchange.

(B)

Personal property

The Secretary may acquire personal property associated with, and appropriate for, interpretation of the Historical Park.

(3)

Cooperative agreements

The Secretary may consult and enter into cooperative agreements with interested entities and individuals to provide for the preservation, development, interpretation, and use of the Historical Park.

(4)

Repeal of superseded law

Public Law 87–628 (76 Stat. 428), regarding the establishment and administration of the Edison National Historic Site, is repealed.

(5)

References

Any reference in a law, map, regulation, document, paper, or other record of the United States to the Edison National Historic Site shall be deemed to be a reference to the Thomas Edison National Historical Park.

(d)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section.

B

Amendments to existing units of the National Park System

711.

Funding for Keweenaw National Historical Park

(a)

Acquisition of property

Section 4 of Public Law 102–543 (16 U.S.C. 410yy–3) is amended by striking subsection (d).

(b)

Matching Funds

Section 8(b) of Public Law 102–543 (16 U.S.C. 410yy–7(b)) is amended by striking $4 and inserting $1.

(c)

Authorization of Appropriations

Section 10 of Public Law 102–543 (16 U.S.C. 410yy–9) is amended—

(1)

in subsection (a)—

(A)

by striking $25,000,000 and inserting $50,000,000; and

(B)

by striking $3,000,000 and inserting $25,000,000; and

(2)

in subsection (b), by striking $100,000 and all that follows through those duties and inserting $250,000.

712.

Location of visitor and administrative facilities for Weir Farm National Historic Site

Section 4(d) of the Weir Farm National Historic Site Establishment Act of 1990 (16 U.S.C. 461 note) is amended—

(1)

in paragraph (1)(B), by striking contiguous to and all that follows and inserting within Fairfield County.;

(2)

by amending paragraph (2) to read as follows:

(2)

Development

(A)

Maintaining natural character

The Secretary shall keep development of the property acquired under paragraph (1) to a minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b).

(B)

Treatment of previously developed property

Nothing in subparagraph (A) shall either prevent the Secretary from acquiring property under paragraph (1) that, prior to the Secretary’s acquisition, was developed in a manner inconsistent with subparagraph (A), or require the Secretary to remediate such previously developed property to reflect the natural character described in subparagraph (A).

; and

(3)

in paragraph (3), in the matter preceding subparagraph (A), by striking the appropriate zoning authority and all that follows through Wilton, Connecticut, and inserting the local governmental entity that, in accordance with applicable State law, has jurisdiction over any property acquired under paragraph (1)(A).

713.

Little River Canyon National Preserve boundary expansion

Section 2 of the Little River Canyon National Preserve Act of 1992 (16 U.S.C. 698q) is amended—

(1)

in subsection (b)—

(A)

by striking The Preserve and inserting the following:

(1)

In general

The Preserve

; and

(B)

by adding at the end the following:

(2)

Boundary expansion

The boundary of the Preserve is modified to include the land depicted on the map entitled Little River Canyon National Preserve Proposed Boundary, numbered 152/80,004, and dated December 2007.

; and

(2)

in subsection (c), by striking map and inserting maps.

714.

Hopewell Culture National Historical Park boundary expansion

Section 2 of the Act entitled An Act to rename and expand the boundaries of the Mound City Group National Monument in Ohio, approved May 27, 1992 (106 Stat. 185), is amended—

(1)

by striking and at the end of subsection (a)(3);

(2)

by striking the period at the end of subsection (a)(4) and inserting ; and;

(3)

by adding after subsection (a)(4) the following new paragraph:

(5)

the map entitled Hopewell Culture National Historical Park, Ohio Proposed Boundary Adjustment numbered 353/80,049 and dated June, 2006.

; and

(4)

by adding after subsection (d)(2) the following new paragraph:

(3)

The Secretary may acquire lands added by subsection (a)(5) only from willing sellers.

.

715.

Jean Lafitte National Historical Park and Preserve boundary adjustment

(a)

In General

Section 901 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230) is amended in the second sentence by striking of approximately twenty thousand acres generally depicted on the map entitled Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve numbered 90,000B and dated April 1978, and inserting generally depicted on the map entitled Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve, numbered 467/80100A, and dated December 2007,.

(b)

Acquisition of Land

Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended—

(1)

in subsection (a)—

(A)

by striking (a) Within the and all that follows through the first sentence and inserting the following:

(a)

In General

(1)

Barataria preserve unit

(A)

In general

The Secretary may acquire any land, water, and interests in land and water within the Barataria Preserve Unit by donation, purchase with donated or appropriated funds, transfer from any other Federal agency, or exchange.

(B)

Limitations

(i)

In general

Any non-Federal land depicted on the map described in section 901 as Lands Proposed for Addition may be acquired by the Secretary only with the consent of the owner of the land.

(ii)

Boundary adjustment

On the date on which the Secretary acquires a parcel of land described in clause (i), the boundary of the Barataria Preserve Unit shall be adjusted to reflect the acquisition.

(iii)

Jurisdiction of National Park Service

Administrative jurisdiction over any Federal land within the areas depicted on the map described in section 901 as Lands Proposed for Addition is transferred, without consideration, to the administrative jurisdiction of the National Park Service, to be administered as part of the Barataria Preserve Unit.

(iv)

Easements

To ensure adequate hurricane protection of the communities located in the area, any land identified on the map described in section 901 that is acquired or transferred shall be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.

;

(B)

in the second sentence, by striking The Secretary may also acquire by any of the foregoing methods and inserting the following:

(2)

French quarter

The Secretary may acquire by any of the methods referred to in paragraph (1)(A)

;

(C)

in the third sentence, by striking Lands, waters, and interests therein and inserting the following:

(3)

Acquisition of state land

Land, water, and interests in land and water

; and

(D)

in the fourth sentence, by striking In acquiring and inserting the following:

(4)

Acquisition of oil and gas rights

In acquiring

;

(2)

by striking subsections (b) through (f) and inserting the following:

(b)

Resource Protection

With respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect—

(1)

fresh water drainage patterns;

(2)

vegetative cover;

(3)

the integrity of ecological and biological systems; and

(4)

water and air quality.

(c)

Adjacent land

With the consent of the owner and the parish governing authority, the Secretary may—

(1)

acquire land, water, and interests in land and water, by any of the methods referred to in subsection (a)(1)(A) (including use of appropriations from the Land and Water Conservation Fund); and

(2)

revise the boundaries of the Barataria Preserve Unit to include adjacent land and water.

; and

(3)

by redesignating subsection (g) as subsection (d).

(c)

Definition of improved property

Section 903 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230b) is amended in the fifth sentence by inserting (or January 1, 2007, for areas added to the park after that date) after January 1, 1977.

(d)

Hunting, Fishing, and Trapping

Section 905 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking , except that within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he and inserting on land, and interests in land and water managed by the Secretary, except that the Secretary.

(e)

Administration

Section 906 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230e) is amended—

(1)

by striking the first sentence; and

(2)

in the second sentence, by striking Pending such establishment and thereafter the and inserting The.

(f)

References in law

(1)

In General

Any reference in a law (including regulations), map, document, paper, or other record of the United States—

(A)

to the Barataria Marsh Unit shall be considered to be a reference to the Barataria Preserve Unit; or

(B)

to the Jean Lafitte National Historical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve.

(2)

Conforming Amendments

Title IX of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et seq.) is amended—

(A)

by striking Barataria Marsh Unit each place it appears and inserting Barataria Preserve Unit; and

(B)

by striking Jean Lafitte National Historical Park each place it appears and inserting Jean Lafitte National Historical Park and Preserve.

716.

Minute Man National Historical Park

(a)

Definitions

In this section:

(1)

Map

The term map means the map entitled Minute Man National Historical Park Proposed Boundary, numbered 406/81001, and dated July 2007.

(2)

Park

The term Park means the Minute Man National Historical Park in the State of Massachusetts.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(b)

Minute man national historical park

(1)

Boundary adjustment

(A)

In general

The boundary of the Park is modified to include the area generally depicted on the map.

(B)

Availability of map

The map shall be on file and available for inspection in the appropriate offices of the National Park Service.

(2)

Acquisition of land

The Secretary may acquire the land or an interest in the land described in paragraph (1)(A) by—

(A)

purchase from willing sellers with donated or appropriated funds;

(B)

donation; or

(C)

exchange.

(3)

Administration of land

The Secretary shall administer the land added to the Park under paragraph (1)(A) in accordance with applicable laws (including regulations).

(c)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

717.

Everglades National Park

(a)

Definitions

In this section:

(1)

Hurricane Hole

The term Hurricane Hole means the natural salt-water body of water within the Duesenbury Tracts of the eastern parcel of the Tarpon Basin boundary adjustment and accessed by Duesenbury Creek.

(2)

Map

The term map means the map entitled Proposed Tarpon Basin Boundary Revision, numbered 160/80,012, and dated May 2008.

(3)

Secretary

The term Secretary means the Secretary of the Interior.

(4)

Tarpon Basin property

The term Tarpon Basin property means land that—

(A)

is comprised of approximately 600 acres of land and water surrounding Hurricane Hole, as generally depicted on the map; and

(B)

is located in South Key Largo.

(b)

Boundary revision

(1)

Boundary revision

The boundary of the Everglades National Park is adjusted to include the Tarpon Basin property.

(2)

Acquisition authority

The Secretary may acquire from willing sellers by donation, purchase with donated or appropriated funds, or exchange, land, water, or interests in land and water, within the area depicted on the map, to be added to Everglades National Park.

(3)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(4)

Administration

Land added to Everglades National Park by this section shall be administered as part of Everglades National Park in accordance with applicable laws (including regulations).

(c)

Hurricane Hole

The Secretary may allow use of Hurricane Hole by sailing vessels during emergencies, subject to such terms and conditions as the Secretary determines to be necessary.

(d)

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out this section.

718.

Kalaupapa National Historical Park

(a)

In general

The Secretary of Interior shall authorize Ka ‘Ohana O Kalaupapa, a non-profit organization consisting of patient residents at Kalaupapa National Historical Park, and their family members and friends, to establish a memorial at a suitable location or locations approved by the Secretary at Kalawao or Kalaupapa within the boundaries of Kalaupapa National Historical Park located on the island of Molokai, in the State of Hawaii, to honor and perpetuate the memory of those individuals who were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969.

(b)

Design

(1)

In general