H.R. 146 (111th): Omnibus Public Land Management Act of 2009

111th Congress, 2009–2010. Text as of Aug 23, 2010 (Passed Congress/Enrolled Bill).

Status & Summary | PDF | Source: GPO

I

One Hundred Eleventh Congress of the United States of America

At the First Session

H. R. 146

AN ACT

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 2009.

(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. 1001. Designation of wilderness, Monongahela National Forest, West Virginia.

Sec. 1002. Boundary adjustment, Laurel Fork South Wilderness, Monongahela National Forest.

Sec. 1003. Monongahela National Forest boundary confirmation.

Sec. 1004. Enhanced Trail Opportunities.

Subtitle B—Virginia Ridge and Valley Wilderness

Sec. 1101. Definitions.

Sec. 1102. Designation of additional National Forest System land in Jefferson National Forest as wilderness or a wilderness study area.

Sec. 1103. Designation of Kimberling Creek Potential Wilderness Area, Jefferson National Forest, Virginia.

Sec. 1104. Seng Mountain and Bear Creek Scenic Areas, Jefferson National Forest, Virginia.

Sec. 1105. Trail plan and development.

Sec. 1106. Maps and boundary descriptions.

Sec. 1107. Effective date.

Subtitle C—Mt. Hood Wilderness, Oregon

Sec. 1201. Definitions.

Sec. 1202. Designation of wilderness areas.

Sec. 1203. Designation of streams for wild and scenic river protection in the Mount Hood area.

Sec. 1204. Mount Hood National Recreation Area.

Sec. 1205. Protections for Crystal Springs, Upper Big Bottom, and Cultus Creek.

Sec. 1206. Land exchanges.

Sec. 1207. Tribal provisions; planning and studies.

Subtitle D—Copper Salmon Wilderness, Oregon

Sec. 1301. Designation of the Copper Salmon Wilderness.

Sec. 1302. Wild and Scenic River Designations, Elk River, Oregon.

Sec. 1303. Protection of tribal rights.

Subtitle E—Cascade-Siskiyou National Monument, Oregon

Sec. 1401. Definitions.

Sec. 1402. Voluntary grazing lease donation program.

Sec. 1403. Box R Ranch land exchange.

Sec. 1404. Deerfield land exchange.

Sec. 1405. Soda Mountain Wilderness.

Sec. 1406. Effect.

Subtitle F—Owyhee Public Land Management

Sec. 1501. Definitions.

Sec. 1502. Owyhee Science Review and Conservation Center.

Sec. 1503. Wilderness areas.

Sec. 1504. Designation of wild and scenic rivers.

Sec. 1505. Land identified for disposal.

Sec. 1506. Tribal cultural resources.

Sec. 1507. Recreational travel management plans.

Sec. 1508. Authorization of appropriations.

Subtitle G—Sabinoso Wilderness, New Mexico

Sec. 1601. Definitions.

Sec. 1602. Designation of the Sabinoso Wilderness.

Subtitle H—Pictured Rocks National Lakeshore Wilderness

Sec. 1651. Definitions.

Sec. 1652. Designation of Beaver Basin Wilderness.

Sec. 1653. Administration.

Sec. 1654. Effect.

Subtitle I—Oregon Badlands Wilderness

Sec. 1701. Definitions.

Sec. 1702. Oregon Badlands Wilderness.

Sec. 1703. Release.

Sec. 1704. Land exchanges.

Sec. 1705. Protection of tribal treaty rights.

Subtitle J—Spring Basin Wilderness, Oregon

Sec. 1751. Definitions.

Sec. 1752. Spring Basin Wilderness.

Sec. 1753. Release.

Sec. 1754. Land exchanges.

Sec. 1755. Protection of tribal treaty rights.

Subtitle K—Eastern Sierra and Northern San Gabriel Wilderness, California

Sec. 1801. Definitions.

Sec. 1802. Designation of wilderness areas.

Sec. 1803. Administration of wilderness areas.

Sec. 1804. Release of wilderness study areas.

Sec. 1805. Designation of wild and scenic rivers.

Sec. 1806. Bridgeport Winter Recreation Area.

Sec. 1807. Management of area within Humboldt-Toiyabe National Forest.

Sec. 1808. Ancient Bristlecone Pine Forest.

Subtitle L—Riverside County Wilderness, California

Sec. 1851. Wilderness designation.

Sec. 1852. Wild and scenic river designations, Riverside County, California.

Sec. 1853. Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument.

Subtitle M—Sequoia and Kings Canyon National Parks Wilderness, California

Sec. 1901. Definitions.

Sec. 1902. Designation of wilderness areas.

Sec. 1903. Administration of wilderness areas.

Sec. 1904. Authorization of appropriations.

Subtitle N—Rocky Mountain National Park Wilderness, Colorado

Sec. 1951. Definitions.

Sec. 1952. Rocky Mountain National Park Wilderness, Colorado.

Sec. 1953. Grand River Ditch and Colorado-Big Thompson projects.

Sec. 1954. East Shore Trail Area.

Sec. 1955. National forest area boundary adjustments.

Sec. 1956. Authority to lease Leiffer tract.

Subtitle O—Washington County, Utah

Sec. 1971. Definitions.

Sec. 1972. Wilderness areas.

Sec. 1973. Zion National Park wilderness.

Sec. 1974. Red Cliffs National Conservation Area.

Sec. 1975. Beaver Dam Wash National Conservation Area.

Sec. 1976. Zion National Park wild and scenic river designation.

Sec. 1977. Washington County comprehensive travel and transportation management plan.

Sec. 1978. Land disposal and acquisition.

Sec. 1979. Management of priority biological areas.

Sec. 1980. Public purpose conveyances.

Sec. 1981. Conveyance of Dixie National Forest land.

Sec. 1982. Transfer of land into trust for Shivwits Band of Paiute Indians.

Sec. 1983. Authorization of appropriations.

TITLE II—Bureau of Land Management Authorizations

Subtitle A—National Landscape Conservation System

Sec. 2001. Definitions.

Sec. 2002. Establishment of the National Landscape Conservation System.

Sec. 2003. Authorization of appropriations.

Subtitle B—Prehistoric Trackways National Monument

Sec. 2101. Findings.

Sec. 2102. Definitions.

Sec. 2103. Establishment.

Sec. 2104. Administration.

Sec. 2105. Authorization of appropriations.

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

Sec. 2201. Definitions.

Sec. 2202. Establishment of the Fort Stanton-Snowy River Cave National Conservation Area.

Sec. 2203. Management of the Conservation Area.

Sec. 2204. Authorization of appropriations.

Subtitle D—Snake River Birds of Prey National Conservation Area

Sec. 2301. Snake River Birds of Prey National Conservation Area.

Subtitle E—Dominguez-Escalante National Conservation Area

Sec. 2401. Definitions.

Sec. 2402. Dominguez-Escalante National Conservation Area.

Sec. 2403. Dominguez Canyon Wilderness Area.

Sec. 2404. Maps and legal descriptions.

Sec. 2405. Management of Conservation Area and Wilderness.

Sec. 2406. Management plan.

Sec. 2407. Advisory council.

Sec. 2408. Authorization of appropriations.

Subtitle F—Rio Puerco Watershed Management Program

Sec. 2501. Rio Puerco Watershed Management Program.

Subtitle G—Land conveyances and exchanges

Sec. 2601. Carson City, Nevada, land conveyances.

Sec. 2602. Southern Nevada limited transition area conveyance.

Sec. 2603. Nevada Cancer Institute land conveyance.

Sec. 2604. Turnabout Ranch land conveyance, Utah.

Sec. 2605. Boy Scouts land exchange, Utah.

Sec. 2606. Douglas County, Washington, land conveyance.

Sec. 2607. Twin Falls, Idaho, land conveyance.

Sec. 2608. Sunrise Mountain Instant Study Area release, Nevada.

Sec. 2609. Park City, Utah, land conveyance.

Sec. 2610. Release of reversionary interest in certain lands in Reno, Nevada.

Sec. 2611. Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria.

TITLE III—Forest Service authorizations

Subtitle A—Watershed restoration and enhancement

Sec. 3001. Watershed restoration and enhancement agreements.

Subtitle B—Wildland firefighter safety

Sec. 3101. Wildland firefighter safety.

Subtitle C—Wyoming range

Sec. 3201. Definitions.

Sec. 3202. Withdrawal of certain land in the Wyoming range.

Sec. 3203. Acceptance of the donation of valid existing mining or leasing rights in the Wyoming range.

Subtitle D—Land conveyances and exchanges

Sec. 3301. Land conveyance to City of Coffman Cove, Alaska.

Sec. 3302. Beaverhead-Deerlodge National Forest land conveyance, Montana.

Sec. 3303. Santa Fe National Forest; Pecos National Historical Park Land Exchange.

Sec. 3304. Santa Fe National Forest Land Conveyance, New Mexico.

Sec. 3305. Kittitas County, Washington, land conveyance.

Sec. 3306. Mammoth Community Water District use restrictions.

Sec. 3307. Land exchange, Wasatch-Cache National Forest, Utah.

Sec. 3308. Boundary adjustment, Frank Church River of No Return Wilderness.

Sec. 3309. Sandia pueblo land exchange technical amendment.

Subtitle E—Colorado Northern Front Range Study

Sec. 3401. Purpose.

Sec. 3402. Definitions.

Sec. 3403. Colorado Northern Front Range Mountain Backdrop Study.

TITLE IV—Forest Landscape Restoration

Sec. 4001. Purpose.

Sec. 4002. Definitions.

Sec. 4003. Collaborative Forest Landscape Restoration Program.

Sec. 4004. Authorization of appropriations.

TITLE V—Rivers and trails

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

Sec. 5001. Fossil Creek, Arizona.

Sec. 5002. Snake River Headwaters, Wyoming.

Sec. 5003. Taunton River, Massachusetts.

Subtitle B—Wild and Scenic Rivers Studies

Sec. 5101. Missisquoi and Trout Rivers Study.

Subtitle C—Additions to the National Trails System

Sec. 5201. Arizona National Scenic Trail.

Sec. 5202. New England National Scenic Trail.

Sec. 5203. Ice Age Floods National Geologic Trail.

Sec. 5204. Washington-Rochambeau Revolutionary Route National Historic Trail.

Sec. 5205. Pacific Northwest National Scenic Trail.

Sec. 5206. Trail of Tears National Historic Trail.

Subtitle D—National Trail System amendments

Sec. 5301. National Trails System willing seller authority.

Sec. 5302. Revision of feasibility and suitability studies of existing national historic trails.

Sec. 5303. Chisholm Trail and Great Western Trails Studies.

Subtitle E—Effect of title

Sec. 5401. Effect.

TITLE VI—Department of the Interior authorizations

Subtitle A—Cooperative watershed management program

Sec. 6001. Definitions.

Sec. 6002. Program.

Sec. 6003. Effect of subtitle.

Subtitle B—Competitive status for Federal employees in Alaska

Sec. 6101. Competitive status for certain Federal employees in the State of Alaska.

Subtitle C—Wolf livestock loss demonstration project

Sec. 6201. Definitions.

Sec. 6202. Wolf compensation and prevention program.

Sec. 6203. Authorization of appropriations.

Subtitle D—Paleontological resources preservation

Sec. 6301. Definitions.

Sec. 6302. Management.

Sec. 6303. Public awareness and education program.

Sec. 6304. Collection of paleontological resources.

Sec. 6305. Curation of resources.

Sec. 6306. Prohibited acts; criminal penalties.

Sec. 6307. Civil penalties.

Sec. 6308. Rewards and forfeiture.

Sec. 6309. Confidentiality.

Sec. 6310. Regulations.

Sec. 6311. Savings provisions.

Sec. 6312. Authorization of appropriations.

Subtitle E—Izembek National Wildlife Refuge land exchange

Sec. 6401. Definitions.

Sec. 6402. Land exchange.

Sec. 6403. King Cove Road.

Sec. 6404. Administration of conveyed lands.

Sec. 6405. Failure to begin road construction.

Sec. 6406. Expiration of legislative authority.

TITLE VII—National Park Service authorizations

Subtitle A—Additions to the National Park System

Sec. 7001. Paterson Great Falls National Historical Park, New Jersey.

Sec. 7002. William Jefferson Clinton Birthplace Home National Historic Site.

Sec. 7003. River Raisin National Battlefield Park.

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

Sec. 7101. Funding for Keweenaw National Historical Park.

Sec. 7102. Location of visitor and administrative facilities for Weir Farm National Historic Site.

Sec. 7103. Little River Canyon National Preserve boundary expansion.

Sec. 7104. Hopewell Culture National Historical Park boundary expansion.

Sec. 7105. Jean Lafitte National Historical Park and Preserve boundary adjustment.

Sec. 7106. Minute Man National Historical Park.

Sec. 7107. Everglades National Park.

Sec. 7108. Kalaupapa National Historical Park.

Sec. 7109. Boston Harbor Islands National Recreation Area.

Sec. 7110. Thomas Edison National Historical Park, New Jersey.

Sec. 7111. Women's Rights National Historical Park.

Sec. 7112. Martin Van Buren National Historic Site.

Sec. 7113. Palo Alto Battlefield National Historical Park.

Sec. 7114. Abraham Lincoln Birthplace National Historical Park.

Sec. 7115. New River Gorge National River.

Sec. 7116. Technical corrections.

Sec. 7117. Dayton Aviation Heritage National Historical Park, Ohio.

Sec. 7118. Fort Davis National Historic Site.

Subtitle C—Special Resource Studies

Sec. 7201. Walnut Canyon study.

Sec. 7202. Tule Lake Segregation Center, California.

Sec. 7203. Estate Grange, St. Croix.

Sec. 7204. Harriet Beecher Stowe House, Maine.

Sec. 7205. Shepherdstown battlefield, West Virginia.

Sec. 7206. Green McAdoo School, Tennessee.

Sec. 7207. Harry S Truman Birthplace, Missouri.

Sec. 7208. Battle of Matewan special resource study.

Sec. 7209. Butterfield Overland Trail.

Sec. 7210. Cold War sites theme study.

Sec. 7211. Battle of Camden, South Carolina.

Sec. 7212. Fort San Gerónimo, Puerto Rico.

Subtitle D—Program authorizations

Sec. 7301. American Battlefield Protection Program.

Sec. 7302. Preserve America Program.

Sec. 7303. Save America's Treasures Program.

Sec. 7304. Route 66 Corridor Preservation Program.

Sec. 7305. National Cave and Karst Research Institute.

Subtitle E—Advisory Commissions

Sec. 7401. Na Hoa Pili O Kaloko-Honokohau Advisory Commission.

Sec. 7402. Cape Cod National Seashore Advisory Commission.

Sec. 7403. Concessions Management Advisory Board.

Sec. 7404. St. Augustine 450th Commemoration Commission.

TITLE VIII—National Heritage Areas

Subtitle A—Designation of National Heritage Areas

Sec. 8001. Sangre de Cristo National Heritage Area, Colorado.

Sec. 8002. Cache La Poudre River National Heritage Area, Colorado.

Sec. 8003. South Park National Heritage Area, Colorado.

Sec. 8004. Northern Plains National Heritage Area, North Dakota.

Sec. 8005. Baltimore National Heritage Area, Maryland.

Sec. 8006. Freedom’s Way National Heritage Area, Massachusetts and New Hampshire.

Sec. 8007. Mississippi Hills National Heritage Area.

Sec. 8008. Mississippi Delta National Heritage Area.

Sec. 8009. Muscle Shoals National Heritage Area, Alabama.

Sec. 8010. Kenai Mountains-Turnagain Arm National Heritage Area, Alaska.

Subtitle B—Studies

Sec. 8101. Chattahoochee Trace, Alabama and Georgia.

Sec. 8102. Northern Neck, Virginia.

Subtitle C—Amendments relating to National Heritage Corridors

Sec. 8201. Quinebaug and Shetucket Rivers Valley National Heritage Corridor.

Sec. 8202. Delaware And Lehigh National Heritage Corridor.

Sec. 8203. Erie Canalway National Heritage Corridor.

Sec. 8204. John H. Chafee Blackstone River Valley National Heritage Corridor.

Subtitle D—Effect of title

Sec. 8301. Effect on access for recreational activities.

TITLE IX—Bureau of Reclamation Authorizations

Subtitle A—Feasibility studies

Sec. 9001. Snake, Boise, and Payette River systems, Idaho.

Sec. 9002. Sierra Vista Subwatershed, Arizona.

Sec. 9003. San Diego Intertie, California.

Subtitle B—Project authorizations

Sec. 9101. Tumalo Irrigation District Water Conservation Project, Oregon.

Sec. 9102. Madera Water Supply Enhancement Project, California.

Sec. 9103. Eastern New Mexico Rural Water System project, New Mexico.

Sec. 9104. Rancho California Water District project, California.

Sec. 9105. Jackson Gulch Rehabilitation Project, Colorado.

Sec. 9106. Rio Grande Pueblos, New Mexico.

Sec. 9107. Upper Colorado River endangered fish programs.

Sec. 9108. Santa Margarita River, California.

Sec. 9109. Elsinore Valley Municipal Water District.

Sec. 9110. North Bay Water Reuse Authority.

Sec. 9111. Prado Basin Natural Treatment System Project, California.

Sec. 9112. Bunker Hill Groundwater Basin, California.

Sec. 9113. GREAT Project, California.

Sec. 9114. Yucaipa Valley Water District, California.

Sec. 9115. Arkansas Valley Conduit, Colorado.

Subtitle C—Title transfers and clarifications

Sec. 9201. Transfer of McGee Creek pipeline and facilities.

Sec. 9202. Albuquerque Biological Park, New Mexico, title clarification.

Sec. 9203. Goleta Water District Water Distribution System, California.

Subtitle D—San Gabriel Basin Restoration Fund

Sec. 9301. Restoration Fund.

Subtitle E—Lower Colorado River Multi-Species Conservation Program

Sec. 9401. Definitions.

Sec. 9402. Implementation and water accounting.

Sec. 9403. Enforceability of program documents.

Sec. 9404. Authorization of appropriations.

Subtitle F—Secure Water

Sec. 9501. Findings.

Sec. 9502. Definitions.

Sec. 9503. Reclamation climate change and water program.

Sec. 9504. Water management improvement.

Sec. 9505. Hydroelectric power assessment.

Sec. 9506. Climate change and water intragovernmental panel.

Sec. 9507. Water data enhancement by United States Geological Survey.

Sec. 9508. National water availability and use assessment program.

Sec. 9509. Research agreement authority.

Sec. 9510. Effect.

Subtitle G—Aging Infrastructure

Sec. 9601 Definitions.

Sec. 9602. Guidelines and inspection of project facilities and technical assistance to transferred works operating entities.

Sec. 9603. Extraordinary operation and maintenance work performed by the Secretary.

Sec. 9604. Relationship to Twenty-First Century Water Works Act.

Sec. 9605. Authorization of appropriations.

TITLE X—Water settlements

Subtitle A—San Joaquin River Restoration Settlement

PART I—San Joaquin River Restoration Settlement Act

Sec. 10001. Short title.

Sec. 10002. Purpose.

Sec. 10003. Definitions.

Sec. 10004. Implementation of settlement.

Sec. 10005. Acquisition and disposal of property; title to facilities.

Sec. 10006. Compliance with applicable law.

Sec. 10007. Compliance with Central Valley Project Improvement Act.

Sec. 10008. No private right of action.

Sec. 10009. Appropriations; Settlement Fund.

Sec. 10010. Repayment contracts and acceleration of repayment of construction costs.

Sec. 10011. California Central Valley Spring Run Chinook salmon.

PART II—Study To develop water plan; report

Sec. 10101. Study to develop water plan; report.

PART III—Friant division improvements

Sec. 10201. Federal facility improvements.

Sec. 10202. Financial assistance for local projects.

Sec. 10203. Authorization of appropriations.

Subtitle B—Northwestern New Mexico rural water projects

Sec. 10301. Short title.

Sec. 10302. Definitions.

Sec. 10303. Compliance with environmental laws.

Sec. 10304. No reallocation of costs.

Sec. 10305. Interest rate.

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

Sec. 10401. Amendments to the Colorado River Storage Project Act.

Sec. 10402. Amendments to Public Law 87–483.

Sec. 10403. Effect on Federal water law.

PART II—Reclamation Water Settlements Fund

Sec. 10501. Reclamation Water Settlements Fund.

PART III—Navajo-Gallup Water Supply Project

Sec. 10601. Purposes.

Sec. 10602. Authorization of Navajo-Gallup Water Supply Project.

Sec. 10603. Delivery and use of Navajo-Gallup Water Supply Project water.

Sec. 10604. Project contracts.

Sec. 10605. Navajo Nation Municipal Pipeline.

Sec. 10606. Authorization of conjunctive use wells.

Sec. 10607. San Juan River Navajo Irrigation Projects.

Sec. 10608. Other irrigation projects.

Sec. 10609. Authorization of appropriations.

PART IV—Navajo Nation water rights

Sec. 10701. Agreement.

Sec. 10702. Trust Fund.

Sec. 10703. Waivers and releases.

Sec. 10704. Water rights held in trust.

Subtitle C—Shoshone-Paiute Tribes of the Duck Valley Reservation water rights settlement

Sec. 10801. Findings.

Sec. 10802. Purposes.

Sec. 10803. Definitions.

Sec. 10804. Approval, ratification, and confirmation of agreement; authorization.

Sec. 10805. Tribal water rights.

Sec. 10806. Duck Valley Indian Irrigation Project.

Sec. 10807. Development and Maintenance Funds.

Sec. 10808. Tribal waiver and release of claims.

Sec. 10809. Miscellaneous.

TITLE XI—United States Geological Survey authorizations

Sec. 11001. Reauthorization of the National Geologic Mapping Act of 1992.

Sec. 11002. New Mexico water resources study.

TITLE XII—Oceans

Subtitle A—Ocean exploration

PART I—Exploration

Sec. 12001. Purpose.

Sec. 12002. Program established.

Sec. 12003. Powers and duties of the Administrator.

Sec. 12004. Ocean exploration and undersea research technology and infrastructure task force.

Sec. 12005. Ocean Exploration Advisory Board.

Sec. 12006. Authorization of appropriations.

PART II—NOAA Undersea Research Program Act of 2009

Sec. 12101. Short title.

Sec. 12102. Program established.

Sec. 12103. Powers of program director.

Sec. 12104. Administrative structure.

Sec. 12105. Research, exploration, education, and technology programs.

Sec. 12106. Competitiveness.

Sec. 12107. Authorization of appropriations.

Subtitle B—Ocean and Coastal Mapping Integration Act

Sec. 12201. Short title.

Sec. 12202. Establishment of program.

Sec. 12203. Interagency committee on ocean and coastal mapping.

Sec. 12204. Biannual reports.

Sec. 12205. Plan.

Sec. 12206. Effect on other laws.

Sec. 12207. Authorization of appropriations.

Sec. 12208. Definitions.

Subtitle C—Integrated Coastal and Ocean Observation System Act of 2009

Sec. 12301. Short title.

Sec. 12302. Purposes.

Sec. 12303. Definitions.

Sec. 12304. Integrated coastal and ocean observing system.

Sec. 12305. Interagency financing and agreements.

Sec. 12306. Application with other laws.

Sec. 12307. Report to Congress.

Sec. 12308. Public-private use policy.

Sec. 12309. Independent cost estimate.

Sec. 12310. Intent of Congress.

Sec. 12311. Authorization of appropriations.

Subtitle D—Federal Ocean Acidification Research and Monitoring Act of 2009

Sec. 12401. Short title.

Sec. 12402. Purposes.

Sec. 12403. Definitions.

Sec. 12404. Interagency subcommittee.

Sec. 12405. Strategic research plan.

Sec. 12406. NOAA ocean acidification activities.

Sec. 12407. NSF ocean acidification activities.

Sec. 12408. NASA ocean acidification activities.

Sec. 12409. Authorization of appropriations.

Subtitle E—Coastal and Estuarine Land Conservation Program

Sec. 12501. Short title.

Sec. 12502. Authorization of Coastal and Estuarine Land Conservation Program.

TITLE XIII—Miscellaneous

Sec. 13001. Management and distribution of North Dakota trust funds.

Sec. 13002. Amendments to the Fisheries Restoration and Irrigation Mitigation Act of 2000.

Sec. 13003. Amendments to the Alaska Natural Gas Pipeline Act.

Sec. 13004. Additional Assistant Secretary for Department of Energy.

Sec. 13005. Lovelace Respiratory Research Institute.

Sec. 13006. Authorization of appropriations for National Tropical Botanical Garden.

TITLE XIV—Christopher and Dana Reeve Paralysis Act

Sec. 14001. Short title.

Subtitle A—Paralysis research

Sec. 14101. Activities of the National Institutes of Health with respect to research on paralysis.

Subtitle B—Paralysis rehabilitation research and care

Sec. 14201. Activities of the National Institutes of Health with respect to research with implications for enhancing daily function for persons with paralysis.

Subtitle C—Improving quality of life for persons with paralysis and other physical disabilities

Sec. 14301. Programs to improve quality of life for persons with paralysis and other physical disabilities.

TITLE XV—Smithsonian Institution Facilities Authorization

Sec. 15101. Laboratory and support space, Edgewater, Maryland.

Sec. 15102. Laboratory space, Gamboa, Panama.

Sec. 15103. Construction of greenhouse facility.

I

Additions to the National Wilderness Preservation System

A

Wild Monongahela Wilderness

1001.

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.

1002.

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

1003.

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.

1004.

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

1101.

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.

1102.

Designation of additional National Forest System land in Jefferson National Forest 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.

.

1103.

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.

1104.

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.

1105.

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 1102(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 1102(a)(5)) connecting to Forest Development Road 49352 in Smyth County, Virginia.

1106.

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 1102(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 1102(b)(2)(D)); and

(4)

the potential wilderness area designated by section 1103(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.

1107.

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 1102(a)(5)); and

(2)

the potential wilderness area designated by section 1103(a).

C

Mt. Hood Wilderness, Oregon

1201.

Definitions

In this subtitle:

(1)

Secretary

The term Secretary means the Secretary of Agriculture.

(2)

State

The term State means the State of Oregon.

1202.

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, 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 Addition, 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 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 1206(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.

1203.

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, Oregon

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, Oregon

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, Oregon

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, Oregon

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, Oregon

(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, Oregon

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, Oregon

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, Oregon

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,.

1204.

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 1202 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 that is within or adjacent to the Mount Hood National Recreation Area and that is identified as BLM Lands on the map entitled National Recreation Areas—Shellrock Mountain, dated February 2007.

1205.

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 1206(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 1202.

(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.

1206.

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 1204(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 1202(c)(3) and 1204(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.

1207.

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 and Bands 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 and Bands 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 help 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 abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands 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

1301.

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.

1302.

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.

.

1303.

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

1401.

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 1405(a).

(16)

Wilderness map

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

1402.

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.

1403.

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 Acquisitions; 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 1402(a)(1).

1404.

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 Acquisitions; 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.

1405.

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 1402 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.

1406.

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 1402;

(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

1501.

Definitions

In this subtitle:

(1)

Account

The term account means the Owyhee Land Acquisition Account established by section 1505(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 1507.

(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 Paiute Tribes of the Duck Valley Reservation.

1502.

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.

1503.

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 December 15, 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 1504.

1504.

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 1203(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.

1505.

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 July 25, 2000, 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 1503(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.

(4)

Additional amounts

If necessary, the Secretary may use additional amounts appropriated to the Department of the Interior, subject to applicable reprogramming guidelines.

(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.

1506.

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.

1507.

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.

1508.

Authorization of appropriations

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

G

Sabinoso Wilderness, New Mexico

1601.

Definitions

In this subtitle:

(1)

Map

The term map means the map entitled Sabinoso Wilderness and dated September 8, 2008.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

State

The term State means the State of New Mexico.

1602.

Designation of the Sabinoso Wilderness

(a)

In General

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 16,030 acres of land under the jurisdiction of the Taos Field Office Bureau of Land Management, New Mexico, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Sabinoso Wilderness.

(b)

Map and legal description

(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 the Sabinoso 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 any clerical and typographical errors in the map and 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 Bureau of Land Management.

(c)

Administration of wilderness

(1)

In general

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

(A)

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

(B)

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

(2)

Incorporation of acquired land and interests

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

(A)

become part of the Sabinoso Wilderness; and

(B)

be managed in accordance with this subtitle and any other laws applicable to the Sabinoso Wilderness.

(3)

Grazing

The grazing of livestock in the Sabinoso Wilderness, if established before the date of enactment of this Act, shall be administered 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

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 in the State.

(5)

Access

(A)

In general

In accordance with section 5(a) of the Wilderness Act (16 U.S.C. 1134(a)), the Secretary shall continue to allow private landowners adequate access to inholdings in the Sabinoso Wilderness.

(B)

Certain land

For access purposes, private land within T. 16 N., R. 23 E., secs. 17 and 20 and the N1/2 of sec. 21, N.M.M., shall be managed as an inholding in the Sabinoso Wilderness.

(d)

Withdrawal

Subject to valid existing rights, the land generally depicted on the map as Lands Withdrawn From Mineral Entry and Lands Released From Wilderness Study Area & Withdrawn From Mineral Entry is withdrawn from—

(1)

all forms of entry, appropriation, and disposal under the public land laws, except disposal by exchange in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716);

(2)

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

(3)

operation of the mineral materials and geothermal leasing laws.

(e)

Release of Wilderness Study Areas

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 lands within the Sabinoso Wilderness Study Area not designated as wilderness by this subtitle—

(1)

have been adequately studied for wilderness designation and are no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and

(2)

shall be managed in accordance with applicable law (including subsection (d)) and the land use management plan for the surrounding area.

H

Pictured Rocks National Lakeshore Wilderness

1651.

Definitions

In this subtitle:

(1)

Line of demarcation

The term line of demarcation means the point on the bank or shore at which the surface waters of Lake Superior meet the land or sand beach, regardless of the level of Lake Superior.

(2)

Map

The term map means the map entitled Pictured Rocks National Lakeshore Beaver Basin Wilderness Boundary, numbered 625/80,051, and dated April 16, 2007.

(3)

National Lakeshore

The term National Lakeshore means the Pictured Rocks National Lakeshore.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

(5)

Wilderness

The term Wilderness means the Beaver Basin Wilderness designated by section 1652(a).

1652.

Designation of Beaver Basin Wilderness

(a)

In general

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the land described in subsection (b) is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Beaver Basin Wilderness.

(b)

Description of land

The land referred to in subsection (a) is the land and inland water comprising approximately 11,740 acres within the National Lakeshore, as generally depicted on the map.

(c)

Boundary

(1)

Line of demarcation

The line of demarcation shall be the boundary for any portion of the Wilderness that is bordered by Lake Superior.

(2)

Surface water

The surface water of Lake Superior, regardless of the fluctuating lake level, shall be considered to be outside the boundary of the Wilderness.

(d)

Map and legal description

(1)

Availability of map

The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.

(2)

Legal description

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 legal description of the boundary of the Wilderness.

(3)

Force and effect

The map and the legal description submitted under paragraph (2) 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 map and legal description.

1653.

Administration

(a)

Management

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—

(1)

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

(2)

with respect to land administered by the Secretary, any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.

(b)

Use of electric motors

The use of boats powered by electric motors on Little Beaver and Big Beaver Lakes may continue, subject to any applicable laws (including regulations).

1654.

Effect

Nothing in this subtitle—

(1)

modifies, alters, or affects any treaty rights;

(2)

alters the management of the water of Lake Superior within the boundary of the Pictured Rocks National Lakeshore in existence on the date of enactment of this Act; or

(3)

prohibits—

(A)

the use of motors on the surface water of Lake Superior adjacent to the Wilderness; or

(B)

the beaching of motorboats at the line of demarcation.

I

Oregon Badlands Wilderness

1701.

Definitions

In this subtitle:

(1)

District

The term District means the Central Oregon Irrigation District.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

State

The term State means the State of Oregon.

(4)

Wilderness map

The term wilderness map means the map entitled Badlands Wilderness and dated September 3, 2008.

1702.

Oregon Badlands Wilderness

(a)

Designation

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 29,301 acres of Bureau of Land Management land in the State, 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 Oregon Badlands Wilderness.

(b)

Administration of wilderness

(1)

In general

Subject to valid existing rights, the Oregon Badlands 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 that Act shall be considered to be a reference to the date of enactment of this Act; and

(B)

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

(2)

Incorporation of acquired land and interests

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

(A)

become part of the Oregon Badlands 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.

(3)

Grazing

The grazing of livestock in the Oregon Badlands 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)

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 the Oregon Badlands Wilderness adequate access to the property.

(c)

Potential wilderness

(1)

In general

In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), a corridor of certain Federal land managed by the Bureau of Land Management with a width of 25 feet, as generally depicted on the wilderness map as Potential Wilderness, is designated as potential wilderness.

(2)

Interim management

The potential wilderness designated by paragraph (1) shall be managed in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that the Secretary may allow nonconforming uses that are authorized and in existence on the date of enactment of this Act to continue in the potential wilderness.

(3)

Designation as wilderness

On the date on which the Secretary publishes in the Federal Register notice that any nonconforming uses in the potential wilderness designated by paragraph (1) that are permitted under paragraph (2) have terminated, the potential wilderness shall be—

(A)

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

(B)

incorporated into the Oregon Badlands Wilderness.

(d)

Map and legal description

(1)

In general

As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Badlands 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)

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.

1703.

Release

(a)

Finding

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 portions of the Badlands wilderness study area that are not designated as the Oregon Badlands Wilderness or as potential wilderness have been adequately studied for wilderness or potential wilderness designation.

(b)

Release

Any public land described in subsection (a) that is not designated as wilderness by this subtitle—

(1)

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

(2)

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

1704.

Land exchanges

(a)

Clarno land exchange

(1)

Conveyance of land

Subject to subsections (c) through (e), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

(A)

accept the offer; and

(B)

on receipt of acceptable title to the non-Federal land, convey to the Landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 239 acres of non-Federal land identified on the wilderness map as Clarno to Federal Government.

(B)

Federal land

The Federal land referred to in paragraph (1)(B) is the approximately 209 acres of Federal land identified on the wilderness map as Federal Government to Clarno.

(3)

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

(b)

District exchange

(1)

Conveyance of land

Subject to subsections (c) through (e), if the District offers to convey to the United States all right, title, and interest of the District in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

(A)

accept the offer; and

(B)

on receipt of acceptable title to the non-Federal land, convey to the District all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 527 acres of non-Federal land identified on the wilderness map as COID to Federal Government.

(B)

Federal land

The Federal land referred to in paragraph (1)(B) is the approximately 697 acres of Federal land identified on the wilderness map as Federal Government to COID.

(3)

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

(c)

Applicable Law

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

(d)

Valuation, appraisals, and equalization

(1)

In general

The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—

(A)

shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or

(B)

if not equal, shall be equalized in accordance with paragraph (3).

(2)

Appraisals

(A)

In general

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

(B)

Requirements

An appraisal under subparagraph (A) shall be conducted in accordance with—

(i)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(ii)

the Uniform Standards of Professional Appraisal Practice.

(3)

Equalization

(A)

In general

If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by—

(i)

making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or

(ii)

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

(B)

Cash equalization payments

Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be—

(i)

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)); and

(ii)

used in accordance with that Act.

(e)

Conditions of exchange

(1)

In general

The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.

(2)

Costs

As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.

(3)

Valid existing rights

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

(f)

Completion of land exchange

It is the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act.

1705.

Protection of tribal treaty rights

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

J

Spring Basin Wilderness, Oregon

1751.

Definitions

In this subtitle:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

State

The term State means the State of Oregon.

(3)

Tribes

The term Tribes means the Confederated Tribes of the Warm Springs Reservation of Oregon.

(4)

Wilderness map

The term wilderness map means the map entitled Spring Basin Wilderness with Land Exchange Proposals and dated September 3, 2008.

1752.

Spring Basin Wilderness

(a)

Designation

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 6,382 acres of Bureau of Land Management land in the State, 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 Spring Basin Wilderness.

(b)

Administration of wilderness

(1)

In general

Subject to valid existing rights, the Spring Basin 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 that Act shall be considered to be a reference to the date of enactment of this Act; and

(B)

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

(2)

Incorporation of acquired land and interests

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

(A)

become part of the Spring Basin Wilderness; and

(B)

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

(3)

Grazing

The grazing of livestock in the Spring Basin 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).

(c)

Map and legal description

(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 the Spring Basin 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 section, except that the Secretary may correct any typographical errors in the map and 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 Bureau of Land Management.

1753.

Release

(a)

Finding

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 portions of the Spring Basin wilderness study area that are not designated by section 1752(a) as the Spring Basin Wilderness in the following areas have been adequately studied for wilderness designation:

(1)

T. 8 S., R. 19 E., sec. 10, NE ¼, W ½.

(2)

T. 8 S., R.19 E., sec. 25, SE ¼, SE ¼.

(3)

T. 8 S., R. 20 E., sec. 19, SE ¼, S ½ of the S ½.

(b)

Release

Any public land described in subsection (a) that is not designated as wilderness by this subtitle—

(1)

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

(2)

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

1754.

Land exchanges

(a)

Confederated Tribes of the Warm Springs Reservation land exchange

(1)

Conveyance of land

Subject to subsections (e) through (g), if the Tribes offer to convey to the United States all right, title, and interest of the Tribes in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

(A)

accept the offer; and

(B)

on receipt of acceptable title to the non-Federal land, convey to the Tribes all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 4,480 acres of non-Federal land identified on the wilderness map as Lands proposed for transfer from the CTWSIR to the Federal Government.

(B)

Federal land

The Federal land referred to in paragraph (1)(B) is the approximately 4,578 acres of Federal land identified on the wilderness map as Lands proposed for transfer from the Federal Government to CTWSIR.

(3)

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

(4)

Withdrawal

Subject to valid existing rights, the land acquired by the Secretary under this subsection 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 any law relating to mineral and geothermal leasing or mineral materials.

(b)

McGreer land exchange

(1)

Conveyance of land

Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

(A)

accept the offer; and

(B)

on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 18 acres of non-Federal land identified on the wilderness map as Lands proposed for transfer from McGreer to the Federal Government.

(B)

Federal land

The Federal land referred to in paragraph (1)(B) is the approximately 327 acres of Federal land identified on the wilderness map as Lands proposed for transfer from the Federal Government to McGreer.

(3)

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

(c)

Keys land exchange

(1)

Conveyance of land

Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

(A)

accept the offer; and

(B)

on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 180 acres of non-Federal land identified on the wilderness map as Lands proposed for transfer from Keys to the Federal Government.

(B)

Federal land

The Federal land referred to in paragraph (1)(B) is the approximately 187 acres of Federal land identified on the wilderness map as Lands proposed for transfer from the Federal Government to Keys.

(3)

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

(d)

Bowerman land exchange

(1)

Conveyance of land

Subject to subsections (e) through (g), if the landowner offers to convey to the United States all right, title, and interest of the landowner in and to the non-Federal land described in paragraph (2)(A), the Secretary shall—

(A)

accept the offer; and

(B)

on receipt of acceptable title to the non-Federal land, convey to the landowner all right, title, and interest of the United States in and to the Federal land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 32 acres of non-Federal land identified on the wilderness map as Lands proposed for transfer from Bowerman to the Federal Government.

(B)

Federal land

The Federal land referred to in paragraph (1)(B) is the approximately 24 acres of Federal land identified on the wilderness map as Lands proposed for transfer from the Federal Government to Bowerman.

(3)

Surveys

The exact acreage and legal description of the Federal land and non-Federal land described in paragraph (2) shall be determined by surveys approved by the Secretary.

(e)

Applicable law

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

(f)

Valuation, Appraisals, and Equalization

(1)

In general

The value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section—

(A)

shall be equal, as determined by appraisals conducted in accordance with paragraph (2); or

(B)

if not equal, shall be equalized in accordance with paragraph (3).

(2)

Appraisals

(A)

In general

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

(B)

Requirements

An appraisal under subparagraph (A) shall be conducted in accordance with—

(i)

the Uniform Appraisal Standards for Federal Land Acquisitions; and

(ii)

the Uniform Standards of Professional Appraisal Practice.

(3)

Equalization

(A)

In general

If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this section is not equal, the value may be equalized by—

(i)

making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or

(ii)

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

(B)

Cash equalization payments

Any cash equalization payments received by the Secretary under subparagraph (A)(i) shall be—

(i)

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)); and

(ii)

used in accordance with that Act.

(g)

Conditions of Exchange

(1)

In general

The land exchanges under this section shall be subject to such terms and conditions as the Secretary may require.

(2)

Costs

As a condition of a conveyance of Federal land and non-Federal land under this section, the Federal Government and the owner of the non-Federal land shall equally share all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.

(3)

Valid existing rights

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

(h)

Completion of land exchange

It is the intent of Congress that the land exchanges under this section shall be completed not later than 2 years after the date of enactment of this Act.

1755.

Protection of tribal treaty rights

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

K

Eastern Sierra and Northern San Gabriel Wilderness, California

1801.

Definitions

In this subtitle:

(1)

Forest

The term Forest means the Ancient Bristlecone Pine Forest designated by section 1808(a).

(2)

Recreation area

The term Recreation Area means the Bridgeport Winter Recreation Area designated by section 1806(a).

(3)

Secretary

The term Secretary means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(4)

State

The term State means the State of California.

(5)

Trail

The term Trail means the Pacific Crest National Scenic Trail.

1802.

Designation of wilderness areas

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

(1)

Hoover Wilderness additions

(A)

In general

Certain land in the Humboldt-Toiyabe and Inyo National Forests, comprising approximately 79,820 acres and identified as Hoover East Wilderness Addition,Hoover West Wilderness Addition, and Bighorn Proposed Wilderness Addition, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the Hoover Wilderness.

(B)

Description of maps

The maps referred to in subparagraph (A) are—

(i)

the map entitled Humboldt-Toiyabe National Forest Proposed Management and dated September 17, 2008; and

(ii)

the map entitled Bighorn Proposed Wilderness Additions and dated September 23, 2008.

(C)

Effect

The designation of the wilderness under subparagraph (A) shall not affect the ongoing activities of the adjacent United States Marine Corps Mountain Warfare Training Center on land outside the designated wilderness, in accordance with the agreement between the Center and the Humboldt-Toiyabe National Forest.

(2)

Owens River Headwaters Wilderness

Certain land in the Inyo National Forest, comprising approximately 14,721 acres, as generally depicted on the map entitled Owens River Headwaters Proposed Wilderness and dated September 16, 2008, which shall be known as the Owens River Headwaters Wilderness.

(3)

John Muir Wilderness additions

(A)

In general

Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Inyo County, California, comprising approximately 70,411 acres, as generally depicted on the maps described in subparagraph (B), is incorporated in, and shall be considered to be a part of, the John Muir Wilderness.

(B)

Description of maps

The maps referred to in subparagraph (A) are—

(i)

the map entitled John Muir Proposed Wilderness Addition (1 of 5) and dated September 23, 2008;

(ii)

the map entitled John Muir Proposed Wilderness Addition (2 of 5) and dated September 23, 2008;

(iii)

the map entitled John Muir Proposed Wilderness Addition (3 of 5) and dated October 31, 2008;

(iv)

the map entitled John Muir Proposed Wilderness Addition (4 of 5) and dated September 16, 2008; and

(v)

the map entitled John Muir Proposed Wilderness Addition (5 of 5) and dated September 16, 2008.

(C)

Boundary revision

The boundary of the John Muir Wilderness is revised as depicted on the map entitled John Muir Wilderness—Revised and dated September 16, 2008.

(4)

Ansel adams wilderness addition

Certain land in the Inyo National Forest, comprising approximately 528 acres, as generally depicted on the map entitled Ansel Adams Proposed Wilderness Addition and dated September 16, 2008, is incorporated in, and shall be considered to be a part of, the Ansel Adams Wilderness.

(5)

White Mountains wilderness

(A)

In general

Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Mono County, California, comprising approximately 229,993 acres, as generally depicted on the maps described in subparagraph (B), which shall be known as the White Mountains Wilderness.

(B)

Description of maps

The maps referred to in subparagraph (A) are—

(i)

the map entitled White Mountains Proposed Wilderness-Map 1 of 2 (North) and dated September 16, 2008; and

(ii)

the map entitled White Mountains Proposed Wilderness-Map 2 of 2 (South) and dated September 16, 2008.

(6)

Granite Mountain Wilderness

Certain land in the Inyo National Forest and certain land administered by the Bureau of Land Management in Mono County, California, comprising approximately 34,342 acres, as generally depicted on the map entitled Granite Mountain Wilderness and dated September 19, 2008, which shall be known as the Granite Mountain Wilderness.

(7)

Magic Mountain wilderness

Certain land in the Angeles National Forest, comprising approximately 12,282 acres, as generally depicted on the map entitled Magic Mountain Proposed Wilderness and dated December 16, 2008, which shall be known as the Magic Mountain Wilderness.

(8)

Pleasant View Ridge wilderness

Certain land in the Angeles National Forest, comprising approximately 26,757 acres, as generally depicted on the map entitled Pleasant View Ridge Proposed Wilderness and dated December 16, 2008, which shall be known as the Pleasant View Ridge Wilderness.

1803.

Administration of wilderness areas

(a)

Management

Subject to valid existing rights, the Secretary shall administer the wilderness areas and wilderness additions designated by this subtitle in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—

(1)

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

(2)

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.

(b)

Map and legal description

(1)

In general

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

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(2)

Force of law

Each 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 errors in the map and legal description.

(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 Secretary.

(c)

Incorporation of acquired land and interests

Any land (or interest in land) within the boundary of a wilderness area or wilderness addition designated by this subtitle that is acquired by the Federal Government shall—

(1)

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

(2)

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

(d)

Withdrawal

Subject to valid rights in existence on the date of enactment of this Act, any Federal land designated as a wilderness area or wilderness addition by this subtitle 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 laws relating to mineral and geothermal leasing or mineral materials.

(e)

Fire management and related activities

(1)

In general

The Secretary may take such measures in a wilderness area or wilderness addition designated by this subtitle as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.

(2)

Funding priorities

Nothing in this subtitle limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this subtitle.

(3)

Revision and development of local fire management plans

As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by this subtitle.

(4)

Administration

Consistent with paragraph (1) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by this subtitle, the Secretary shall—

(A)

not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and

(B)

enter into agreements with appropriate State or local firefighting agencies.

(f)

Access to private property

The Secretary shall provide any owner of private property within the boundary of a wilderness area or wilderness addition designated by this subtitle adequate access to the property to ensure the reasonable use and enjoyment of the property by the owner.

(g)

Military activities

Nothing in this subtitle precludes—

(1)

low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this subtitle;

(2)

the designation of new units of special airspace over the wilderness areas or wilderness additions designated by this subtitle; or

(3)

the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by this subtitle.

(h)

Livestock

Grazing of livestock and the maintenance of existing facilities relating to grazing in wilderness areas or wilderness additions designated by this subtitle, if established before the date of enactment of this Act, shall be permitted to continue in accordance with—

(1)

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

(2)

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).

(i)

Fish and wildlife management

(1)

In general

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

(A)

consistent with applicable wilderness management plans; and

(B)

carried out in accordance with applicable guidelines and policies.

(2)

State jurisdiction

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

(j)

Horses

Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness or as a wilderness addition by this subtitle—

(1)

in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

(2)

subject to any terms and conditions determined to be necessary by the Secretary.

(k)

Outfitter and Guide Use

Outfitter and guide activities conducted under permits issued by the Forest Service on the additions to the John Muir, Ansel Adams, and Hoover wilderness areas designated by this subtitle shall be in addition to any existing limits established for the John Muir, Ansel Adams, and Hoover wilderness areas.

(l)

Transfer to the Forest Service

(1)

White Mountains Wilderness

Administrative jurisdiction over the approximately 946 acres of land identified as Transfer of Administrative Jurisdiction from BLM to FS on the maps described in section 1802(5)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the White Mountains Wilderness.

(2)

John Muir Wilderness

Administrative jurisdiction over the approximately 143 acres of land identified as Transfer of Administrative Jurisdiction from BLM to FS on the maps described in section 1802(3)(B) is transferred from the Bureau of Land Management to the Forest Service to be managed as part of the John Muir Wilderness.

(m)

Transfer to the bureau of land management

Administrative jurisdiction over the approximately 3,010 acres of land identified as Land from FS to BLM on the maps described in section 1802(6) is transferred from the Forest Service to the Bureau of Land Management to be managed as part of the Granite Mountain Wilderness.

1804.

Release of wilderness study areas

(a)

Finding

Congress finds that, for purposes of section 603 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782), any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date of enactment of this Act has been adequately studied for wilderness.

(b)

Description of study areas

The study areas referred to in subsection (a) are—

(1)

the Masonic Mountain Wilderness Study Area;

(2)

the Mormon Meadow Wilderness Study Area;

(3)

the Walford Springs Wilderness Study Area; and

(4)

the Granite Mountain Wilderness Study Area.

(c)

Release

Any portion of a wilderness study area described in subsection (b) that is not designated as a wilderness area or wilderness addition by this subtitle or any other Act enacted before the date of enactment of this Act shall not be subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).

1805.

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 1504(a)) is amended by adding at the end the following:

(196)

Amargosa River, California

The following segments of the Amargosa River in the State of California, to be administered by the Secretary of the Interior:

(A)

The approximately 4.1-mile segment of the Amargosa River from the northern boundary of sec. 7, T. 21 N., R. 7 E., to 100 feet upstream of the Tecopa Hot Springs road crossing, as a scenic river.

(B)

The approximately 8-mile segment of the Amargosa River from 100 feet downstream of the Tecopa Hot Springs Road crossing to 100 feet upstream of the Old Spanish Trail Highway crossing near Tecopa, as a scenic river.

(C)

The approximately 7.9-mile segment of the Amargosa River from the northern boundary of sec. 16, T. 20 N., R. 7 E., to .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E., as a wild river.

(D)

The approximately 4.9-mile segment of the Amargosa River from .25 miles upstream of the confluence with Sperry Wash in sec. 10, T. 19 N., R. 7 E. to 100 feet upstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river.

(E)

The approximately 1.4-mile segment of the Amargosa River from 100 feet downstream of the Dumont Dunes access road crossing in sec. 32, T. 19 N., R. 7 E., as a recreational river.

(197)

Owens River Headwaters, California

The following segments of the Owens River in the State of California, to be administered by the Secretary of Agriculture:

(A)

The 2.3-mile segment of Deadman Creek from the 2-forked source east of San Joaquin Peak to the confluence with the unnamed tributary flowing north into Deadman Creek from sec. 12, T. 3 S., R. 26 E., as a wild river.

(B)

The 2.3-mile segment of Deadman Creek from the unnamed tributary confluence in sec. 12, T. 3 S., R. 26 E., to the Road 3S22 crossing, as a scenic river.

(C)

The 4.1-mile segment of Deadman Creek from the Road 3S22 crossing to .25 miles downstream of the Highway 395 crossing, as a recreational river.

(D)

The 3-mile segment of Deadman Creek from .25 miles downstream of the Highway 395 crossing to 100 feet upstream of Big Springs, as a scenic river.

(E)

The 1-mile segment of the Upper Owens River from 100 feet upstream of Big Springs to the private property boundary in sec. 19, T. 2 S., R. 28 E., as a recreational river.

(F)

The 4-mile segment of Glass Creek from its 2-forked source to 100 feet upstream of the Glass Creek Meadow Trailhead parking area in sec. 29, T. 2 S., R.27 E., as a wild river.

(G)

The 1.3-mile segment of Glass Creek from 100 feet upstream of the trailhead parking area in sec. 29 to the end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., as a scenic river.

(H)

The 1.1-mile segment of Glass Creek from the end of Glass Creek Road in sec. 21, T. 2 S., R. 27 E., to the confluence with Deadman Creek, as a recreational river.

(198)

Cottonwood creek, California

The following segments of Cottonwood Creek in the State of California:

(A)

The 17.4-mile segment from its headwaters at the spring in sec. 27, T 4 S., R. 34 E., to the Inyo National Forest boundary at the east section line of sec 3, T. 6 S., R. 36 E., as a wild river to be administered by the Secretary of Agriculture.

(B)

The 4.1-mile segment from the Inyo National Forest boundary to the northern boundary of sec. 5, T.4 S., R. 34 E., as a recreational river, to be administered by the Secretary of the Interior.

(199)

Piru Creek, California

The following segments of Piru Creek in the State of California, to be administered by the Secretary of Agriculture:

(A)

The 3-mile segment of Piru Creek from 0.5 miles downstream of Pyramid Dam at the first bridge crossing to the boundary of the Sespe Wilderness, as a recreational river.

(B)

The 4.25-mile segment from the boundary of the Sespe Wilderness to the boundary between Los Angeles and Ventura Counties, as a wild river.

.

(b)

Effect

The designation of Piru Creek under subsection (a) shall not affect valid rights in existence on the date of enactment of this Act.

1806.

Bridgeport Winter Recreation Area

(a)

Designation

The approximately 7,254 acres of land in the Humboldt-Toiyabe National Forest identified as the Bridgeport Winter Recreation Area, as generally depicted on the map entitled Humboldt-Toiyabe National Forest Proposed Management and dated September 17, 2008, is designated as the Bridgeport Winter Recreation Area.

(b)

Map and legal description

(1)

In general

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

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(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 any errors in the map and 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.

(c)

Management

(1)

Interim management

Until completion of the management plan required under subsection (d), and except as provided in paragraph (2), the Recreation Area shall be managed in accordance with the Toiyabe National Forest Land and Resource Management Plan of 1986 (as in effect on the day of enactment of this Act).

(2)

Use of snowmobiles

The winter use of snowmobiles shall be allowed in the Recreation Area—

(A)

during periods of adequate snow coverage during the winter season; and

(B)

subject to any terms and conditions determined to be necessary by the Secretary.

(d)

Management plan

To ensure the sound management and enforcement of the Recreation Area, the Secretary shall, not later than 1 year after the date of enactment of this Act, undergo a public process to develop a winter use management plan that provides for—

(1)

adequate signage;

(2)

a public education program on allowable usage areas;

(3)

measures to ensure adequate sanitation;

(4)

a monitoring and enforcement strategy; and

(5)

measures to ensure the protection of the Trail.

(e)

Enforcement

The Secretary shall prioritize enforcement activities in the Recreation Area—

(1)

to prohibit degradation of natural resources in the Recreation Area;

(2)

to prevent interference with nonmotorized recreation on the Trail; and

(3)

to reduce user conflicts in the Recreation Area.

(f)

Pacific crest national scenic trail

The Secretary shall establish an appropriate snowmobile crossing point along the Trail in the area identified as Pacific Crest Trail Proposed Crossing Area on the map entitled Humboldt-Toiyable National Forest Proposed Management and dated September 17, 2008—

(1)

in accordance with—

(A)

the National Trails System Act (16 U.S.C. 1241 et seq.); and

(B)

any applicable environmental and public safety laws; and

(2)

subject to the terms and conditions the Secretary determines to be necessary to ensure that the crossing would not—

(A)

interfere with the nature and purposes of the Trail; or

(B)

harm the surrounding landscape.

1807.

Management of area within Humboldt-Toiyabe National Forest

Certain land in the Humboldt-Toiyabe National Forest, comprising approximately 3,690 acres identified as Pickel Hill Management Area, as generally depicted on the map entitled Humboldt-Toiyabe National Forest Proposed Management and dated September 17, 2008, shall be managed in a manner consistent with the non-Wilderness forest areas immediately surrounding the Pickel Hill Management Area, including the allowance of snowmobile use.

1808.

Ancient Bristlecone Pine Forest

(a)

Designation

To conserve and protect the Ancient Bristlecone Pines by maintaining near-natural conditions and to ensure the survival of the Pines for the purposes of public enjoyment and scientific study, the approximately 31,700 acres of public land in the State, as generally depicted on the map entitled Ancient Bristlecone Pine Forest—Proposed and dated July 16, 2008, is designated as the Ancient Bristlecone Pine Forest.

(b)

Map and legal description

(1)

In general

As soon as practicable, but not later than 3 years after the date of enactment of this Act, the Secretary shall file a map and legal description of the Forest with—

(A)

the Committee on Natural Resources of the House of Representatives; and

(B)

the Committee on Energy and Natural Resources of the Senate.

(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 any errors in the map and 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.

(c)

Management

(1)

In general

The Secretary shall administer the Forest—

(A)

in a manner that—

(i)

protect the resources and values of the area in accordance with the purposes for which the Forest is established, as described in subsection (a); and

(ii)

promotes the objectives of the applicable management plan (as in effect on the date of enactment of this Act), including objectives relating to—

(I)

the protection of bristlecone pines for public enjoyment and scientific study;

(II)

the recognition of the botanical, scenic, and historical values of the area; and

(III)

the maintenance of near-natural conditions by ensuring that all activities are subordinate to the needs of protecting and preserving bristlecone pines and wood remnants; and

(B)

in accordance with the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.), this section, and any other applicable laws.

(2)

Uses

(A)

In general

The Secretary shall allow only such uses of the Forest as the Secretary determines would further the purposes for which the Forest is established, as described in subsection (a).

(B)

Scientific research

Scientific research shall be allowed in the Forest in accordance with the Inyo National Forest Land and Resource Management Plan (as in effect on the date of enactment of this Act).

(3)

Withdrawal

Subject to valid existing rights, all Federal land within the Forest 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 or mineral materials.

L

Riverside County Wilderness, California

1851.

Wilderness designation

(a)

Definition of Secretary

In this section, the term Secretary means—

(1)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(2)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(b)

Designation of wilderness, Cleveland and San Bernardino National Forests, Joshua Tree National Park, and Bureau of Land Management land in Riverside County, California

(1)

Designations

(A)

Agua tibia wilderness additions

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the Cleveland National Forest and certain land administered by the Bureau of Land Management in Riverside County, California, together comprising approximately 2,053 acres, as generally depicted on the map titled Proposed Addition to Agua Tibia Wilderness, and dated May 9, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Agua Tibia Wilderness designated by section 2(a) of Public Law 93–632 (88 Stat. 2154; 16 U.S.C. 1132 note).

(B)

Cahuilla mountain wilderness

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 5,585 acres, as generally depicted on the map titled Cahuilla Mountain Proposed Wilderness, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the Cahuilla Mountain Wilderness.

(C)

South fork san jacinto wilderness

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, comprising approximately 20,217 acres, as generally depicted on the map titled South Fork San Jacinto Proposed Wilderness, and dated May 1, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the South Fork San Jacinto Wilderness.

(D)

Santa rosa wilderness additions

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the San Bernardino National Forest, California, and certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 2,149 acres, as generally depicted on the map titled Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition, and dated March 12, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Santa Rosa Wilderness designated by section 101(a)(28) of Public Law 98–425 (98 Stat. 1623; 16 U.S.C. 1132 note) and expanded by paragraph (59) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note).

(E)

Beauty mountain wilderness

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 15,621 acres, as generally depicted on the map titled Beauty Mountain Proposed Wilderness, and dated April 3, 2007, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the Beauty Mountain Wilderness.

(F)

Joshua tree national park wilderness additions

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land in Joshua Tree National Park, comprising approximately 36,700 acres, as generally depicted on the map numbered 156/80,055, and titled Joshua Tree National Park Proposed Wilderness Additions, and dated March 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note).

(G)

Orocopia mountains wilderness additions

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 4,635 acres, as generally depicted on the map titled Orocopia Mountains Proposed Wilderness Addition, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Orocopia Mountains Wilderness as designated by paragraph (44) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note), except that the wilderness boundaries established by this subsection in Township 7 South, Range 13 East, exclude—

(i)

a corridor 250 feet north of the centerline of the Bradshaw Trail;

(ii)

a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Eagle Mountain Railroad on the south and the existing Orocopia Mountains Wilderness boundary; and

(iii)

a corridor 250 feet from both sides of the centerline of the vehicle route in the unnamed wash that flows between the Chocolate Mountain Aerial Gunnery Range on the south and the existing Orocopia Mountains Wilderness boundary.

(H)

Palen/McCoy wilderness additions

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 22,645 acres, as generally depicted on the map titled Palen-McCoy Proposed Wilderness Additions, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of, the Palen/McCoy Wilderness as designated by paragraph (47) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note).

(I)

Pinto Mountains wilderness

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 24,404 acres, as generally depicted on the map titled Pinto Mountains Proposed Wilderness, and dated February 21, 2008, is designated as wilderness and, therefore, as a component of the National Wilderness Preservation System, which shall be known as the Pinto Mountains Wilderness.

(J)

Chuckwalla mountains wilderness additions

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), certain land administered by the Bureau of Land Management in Riverside County, California, comprising approximately 12,815 acres, as generally depicted on the map titled Chuckwalla Mountains Proposed Wilderness Addition, and dated May 8, 2008, is designated as wilderness and is incorporated in, and shall be deemed to be a part of the Chuckwalla Mountains Wilderness as designated by paragraph (12) of section 102 of Public Law 103–433 (108 Stat. 4472; 16 U.S.C. 1132 note).

(2)

Maps and descriptions

(A)

In general

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

(B)

Force of law

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

(C)

Public availability

Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Secretary.

(3)

Utility facilities

Nothing in this section prohibits the construction, operation, or maintenance, using standard industry practices, of existing utility facilities located outside of the wilderness areas and wilderness additions designated by this section.

(c)

Joshua Tree National Park potential wilderness

(1)

Designation of potential wilderness

Certain land in the Joshua Tree National Park, comprising approximately 43,300 acres, as generally depicted on the map numbered 156/80,055, and titled “Joshua Tree National Park Proposed Wilderness Additions”, and dated March 2008, is designated potential wilderness and shall be managed by the Secretary of the Interior insofar as practicable as wilderness until such time as the land is designated as wilderness pursuant to paragraph (2).

(2)

Designation as wilderness

The land designated potential wilderness by paragraph (1) shall be designated as wilderness and incorporated in, and be deemed to be a part of, the Joshua Tree Wilderness designated by section 1(g) of Public Law 94–567 (90 Stat. 2692; 16 U.S.C. 1132 note), effective upon publication by the Secretary of the Interior in the Federal Register of a notice that—

(A)

all uses of the land within the potential wilderness prohibited by the Wilderness Act (16 U.S.C. 1131 et seq.) have ceased; and

(B)

sufficient inholdings within the boundaries of the potential wilderness have been acquired to establish a manageable wilderness unit.

(3)

Map and description

(A)

In general

As soon as practicable after the date on which the notice required by paragraph (2) is published in the Federal Register, the Secretary shall file a map and legal description of the land designated as wilderness and potential wilderness by this section with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.

(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 section, except that the Secretary may correct errors in the map and legal description.

(C)

Public availability

Each map and legal description filed under subparagraph (A) shall be filed and made available for public inspection in the appropriate office of the Secretary.

(d)

Administration of wilderness

(1)

Management

Subject to valid existing rights, the land designated as wilderness or as a wilderness addition by this section 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 of that Act shall be deemed to be a reference to—

(i)

the date of the enactment of this Act; or

(ii)

in the case of the wilderness addition designated by subsection (c), the date on which the notice required by such subsection is published in the Federal Register; and

(B)

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

(2)

Incorporation of acquired land and interests

Any land within the boundaries of a wilderness area or wilderness addition 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.

(3)

Withdrawal

Subject to valid rights in existence on the date of enactment of this Act, the land designated as wilderness by this section 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 all laws pertaining to mineral and geothermal leasing or mineral materials.

(4)

Fire management and related activities

(A)

In general

The Secretary may take such measures in a wilderness area or wilderness addition designated by this section as are necessary for the control of fire, insects, and diseases in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report 98–40 of the 98th Congress.

(B)

Funding priorities

Nothing in this section limits funding for fire and fuels management in the wilderness areas and wilderness additions designated by this section.

(C)

Revision and development of local fire management plans

As soon as practicable after the date of enactment of this Act, the Secretary shall amend the local fire management plans that apply to the land designated as a wilderness area or wilderness addition by this section.

(D)

Administration

Consistent with subparagraph (A) and other applicable Federal law, to ensure a timely and efficient response to fire emergencies in the wilderness areas and wilderness additions designated by this section, the Secretary shall—

(i)

not later than 1 year after the date of enactment of this Act, establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies; and

(ii)

enter into agreements with appropriate State or local firefighting agencies.

(5)

Grazing

Grazing of livestock in a wilderness area or wilderness addition designated by this section shall be administered in accordance with the provisions of section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)) and the guidelines set forth in House Report 96–617 to accompany H.R. 5487 of the 96th Congress.

(6)

Native american uses and interests

(A)

Access and use

To the extent practicable, the Secretary shall ensure access to the Cahuilla Mountain Wilderness by members of an Indian tribe for traditional cultural purposes. In implementing this paragraph, the Secretary, upon the request of an Indian tribe, may temporarily close to the general public use of one or more specific portions of the wilderness area in order to protect the privacy of traditional cultural activities in such areas by members of the Indian tribe. Any such closure shall be made to affect the smallest practicable area for the minimum period necessary for such purposes. Such access shall be consistent with the purpose and intent of Public Law 95–341 (42 U.S.C. 1996), commonly referred to as the American Indian Religious Freedom Act, and the Wilderness Act (16 U.S.C. 1131 et seq.).

(B)

Indian tribe defined

In this paragraph, the term Indian tribe means any Indian tribe, band, nation, or other organized group or community of Indians which is recognized as eligible by the Secretary of the Interior for the special programs and services provided by the United States to Indians because of their status as Indians.

(7)

Military Activities

Nothing in this section precludes—

(A)

low-level overflights of military aircraft over the wilderness areas or wilderness additions designated by this section;

(B)

the designation of new units of special airspace over the wilderness areas or wilderness additions designated by this section; or

(C)

the use or establishment of military flight training routes over wilderness areas or wilderness additions designated by this section.

1852.

Wild and scenic river designations, Riverside County, California

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1805) is amended by adding at the end the following new paragraphs:

(200)

North Fork San Jacinto River, California

The following segments of the North Fork San Jacinto River in the State of California, to be administered by the Secretary of Agriculture:

(A)

The 2.12-mile segment from the source of the North Fork San Jacinto River at Deer Springs in Mt. San Jacinto State Park to the State Park boundary, as a wild river.

(B)

The 1.66-mile segment from the Mt. San Jacinto State Park boundary to the Lawler Park boundary in section 26, township 4 south, range 2 east, San Bernardino meridian, as a scenic river.

(C)

The 0.68-mile segment from the Lawler Park boundary to its confluence with Fuller Mill Creek, as a recreational river.

(D)

The 2.15-mile segment from its confluence with Fuller Mill Creek to .25 miles upstream of the 5S09 road crossing, as a wild river.

(E)

The 0.6-mile segment from .25 miles upstream of the 5S09 road crossing to its confluence with Stone Creek, as a scenic river.

(F)

The 2.91-mile segment from the Stone Creek confluence to the northern boundary of section 17, township 5 south, range 2 east, San Bernardino meridian, as a wild river.

(201)

Fuller Mill Creek, California

The following segments of Fuller Mill Creek in the State of California, to be administered by the Secretary of Agriculture:

(A)

The 1.2-mile segment from the source of Fuller Mill Creek in the San Jacinto Wilderness to the Pinewood property boundary in section 13, township 4 south, range 2 east, San Bernardino meridian, as a scenic river.

(B)

The 0.9-mile segment in the Pine Wood property, as a recreational river.

(C)

The 1.4-mile segment from the Pinewood property boundary in section 23, township 4 south, range 2 east, San Bernardino meridian, to its confluence with the North Fork San Jacinto River, as a scenic river.

(202)

Palm Canyon Creek, California

The 8.1-mile segment of Palm Canyon Creek in the State of California from the southern boundary of section 6, township 7 south, range 5 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 1, township 6 south, range 4 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a wild river, and the Secretary shall enter into a cooperative management agreement with the Agua Caliente Band of Cahuilla Indians to protect and enhance river values.

(203)

Bautista Creek, California

The 9.8-mile segment of Bautista Creek in the State of California from the San Bernardino National Forest boundary in section 36, township 6 south, range 2 east, San Bernardino meridian, to the San Bernardino National Forest boundary in section 2, township 6 south, range 1 east, San Bernardino meridian, to be administered by the Secretary of Agriculture as a recreational river.

.

1853.

Additions and technical corrections to Santa Rosa and San Jacinto Mountains National Monument

(a)

Boundary adjustment, Santa Rosa and San Jacinto Mountains National Monument

Section 2 of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by adding at the end the following new subsection:

(e)

Expansion of Boundaries

In addition to the land described in subsection (c), the boundaries of the National Monument shall include the following lands identified as additions to the National Monument on the map titled Santa Rosa-San Jacinto National Monument Expansion and Santa Rosa Wilderness Addition, and dated March 12, 2008:

(1)

The Santa Rosa Peak Area Monument Expansion.

(2)

The Snow Creek Area Monument Expansion.

(3)

The Tahquitz Peak Area Monument Expansion.

(4)

The Southeast Area Monument Expansion, which is designated as wilderness in section 512(d), and is thus incorporated into, and shall be deemed part of, the Santa Rosa Wilderness.

.

(b)

Technical amendments to the Santa Rosa and San Jacinto Mountains National Monument Act of 2000

Section 7(d) of the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 (Public Law 106–351; 114 U.S.C. 1362; 16 U.S.C. 431 note) is amended by striking “eight” and inserting “a majority of the appointed”.

M

Sequoia and Kings Canyon National Parks Wilderness, California

1901.

Definitions

In this subtitle:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

State

The term State means the State of California.

1902.

Designation of wilderness areas

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:

(1)

John Krebs Wilderness

(A)

Designation

Certain land in Sequoia and Kings Canyon National Parks, comprising approximately 39,740 acres of land, and 130 acres of potential wilderness additions as generally depicted on the map numbered 102/60014b, titled John Krebs Wilderness, and dated September 16, 2008.

(B)

Effect

Nothing in this paragraph affects—

(i)

the cabins in, and adjacent to, Mineral King Valley; or

(ii)

the private inholdings known as Silver City and Kaweah Han.

(C)

Potential Wilderness additions

The designation of the potential wilderness additions under subparagraph (A) shall not prohibit the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The Secretary is authorized to allow the use of helicopters for the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. The potential wilderness additions shall be designated as wilderness and incorporated into the John Krebs Wilderness established by this section upon termination of the non-conforming uses.

(2)

Sequoia-Kings Canyon Wilderness Addition

Certain land in Sequoia and Kings Canyon National Parks, California, comprising approximately 45,186 acres as generally depicted on the map titled “Sequoia-Kings Canyon Wilderness Addition”, numbered 102/60015a, and dated March 10, 2008, is incorporated in, and shall be considered to be a part of, the Sequoia-Kings Canyon Wilderness.

(3)

Recommended wilderness

Land in Sequoia and Kings Canyon National Parks that was managed as of the date of enactment of this Act as recommended or proposed wilderness but not designated by this section as wilderness shall continue to be managed as recommended or proposed wilderness, as appropriate.

1903.

Administration of wilderness areas

(a)

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 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.

(b)

Map and legal description

(1)

Submission of map and legal description

As soon as practicable, but not later than 3 years, after the date of enactment of this Act, the Secretary shall file a map and legal description of each area designated as wilderness by this subtitle 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

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.

(3)

Public availability

The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary.

(c)

Hydrologic, meteorologic, and climatological devices, facilities, and associated equipment

The Secretary shall continue to manage maintenance and access to hydrologic, meteorologic, and climatological devices, facilities and associated equipment consistent with House Report 98–40.

(d)

Authorized activities outside wilderness

Nothing in this subtitle precludes authorized activities conducted outside of an area designated as wilderness by this subtitle by cabin owners (or designees) in the Mineral King Valley area or property owners or lessees (or designees) in the Silver City inholding, as identified on the map described in section 1902(1)(A).

(e)

Horseback riding

Nothing in this subtitle precludes horseback riding in, or the entry of recreational or commercial saddle or pack stock into, an area designated as wilderness by this subtitle—

(1)

in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)); and

(2)

subject to any terms and conditions determined to be necessary by the Secretary.

1904.

Authorization of appropriations

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

N

Rocky Mountain National Park Wilderness, Colorado

1951.

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 1954(a).

(5)

Wilderness

The term Wilderness means the wilderness designated by section 1952(a).

1952.

Rocky Mountain National Park Wilderness, Colorado

(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.).

1953.

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

Notwithstanding the Act of March 3, 1891 (43 U.S.C. 946) and the Act of May 11, 1898 (43 U.S.C. 951), the right of way for the Grand River Ditch shall not be terminated, forfeited, or otherwise affected as a result of the water transported by the Grand River Ditch being used primarily for domestic purposes or any purpose of a public nature, unless the Secretary determines that the change in the main purpose or use adversely affects 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.

1954.

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 1952(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 1952; and

(2)

the Secretary shall modify the map and boundary description of the Wilderness prepared under section 1952(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.

1955.

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.

1956.

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.

O

Washington County, Utah

1971.

Definitions

In this subtitle:

(1)

Beaver dam wash national conservation area map

The term Beaver Dam Wash National Conservation Area Map means the map entitled Beaver Dam Wash National Conservation Area and dated December 18, 2008.

(2)

Canaan Mountain Wilderness Map

The term Canaan Mountain Wilderness Map means the map entitled Canaan Mountain Wilderness and dated June 21, 2008.

(3)

County

The term County means Washington County, Utah.

(4)

Northeastern Washington County Wilderness Map

The term Northeastern Washington County Wilderness Map means the map entitled Northeastern Washington County Wilderness and dated November 12, 2008.

(5)

Northwestern Washington County Wilderness Map

The term Northwestern Washington County Wilderness Map means the map entitled Northwestern Washington County Wilderness and dated June 21, 2008.

(6)

Red Cliffs National Conservation Area Map

The term Red Cliffs National Conservation Area Map means the map entitled Red Cliffs National Conservation Area and dated November 12, 2008.

(7)

Secretary

The term Secretary means—

(A)

with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and

(B)

with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior.

(8)

State

The term State means the State of Utah.

(9)

Washington County Growth and Conservation Act Map

The term Washington County Growth and Conservation Act Map means the map entitled “Washington County Growth and Conservation Act Map” and dated November 13, 2008.

1972.

Wilderness areas

(a)

Additions to National Wilderness Preservation System

(1)

Additions

Subject to valid existing rights, the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:

(A)

Beartrap Canyon

Certain Federal land managed by the Bureau of Land Management, comprising approximately 40 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Beartrap Canyon Wilderness.

(B)

Blackridge

Certain Federal land managed by the Bureau of Land Management, comprising approximately 13,015 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Blackridge Wilderness.

(C)

Canaan mountain

Certain Federal land in the County managed by the Bureau of Land Management, comprising approximately 44,531 acres, as generally depicted on the Canaan Mountain Wilderness Map, which shall be known as the Canaan Mountain Wilderness.

(D)

Cottonwood Canyon

Certain Federal land managed by the Bureau of Land Management, comprising approximately 11,712 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the Cottonwood Canyon Wilderness.

(E)

Cottonwood forest

Certain Federal land managed by the Forest Service, comprising approximately 2,643 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the Cottonwood Forest Wilderness.

(F)

Cougar canyon

Certain Federal land managed by the Bureau of Land Management, comprising approximately 10,409 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the Cougar Canyon Wilderness.

(G)

Deep Creek

Certain Federal land managed by the Bureau of Land Management, comprising approximately 3,284 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Deep Creek Wilderness.

(H)

Deep Creek North

Certain Federal land managed by the Bureau of Land Management, comprising approximately 4,262 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Deep Creek North Wilderness.

(I)

Doc’s Pass

Certain Federal land managed by the Bureau of Land Management, comprising approximately 17,294 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the Doc’s Pass Wilderness.

(J)

Goose Creek

Certain Federal land managed by the Bureau of Land Management, comprising approximately 98 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Goose Creek Wilderness.

(K)

Laverkin Creek

Certain Federal land managed by the Bureau of Land Management, comprising approximately 445 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the LaVerkin Creek Wilderness.

(L)

Red Butte

Certain Federal land managed by the Bureau of Land Management, comprising approximately 1,537 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Red Butte Wilderness.

(M)

Red Mountain

Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,729 acres, as generally depicted on the Red Cliffs National Conservation Area Map, which shall be known as the Red Mountain Wilderness.

(N)

Slaughter Creek

Certain Federal land managed by the Bureau of Land Management, comprising approximately 3,901 acres, as generally depicted on the Northwestern Washington County Wilderness Map, which shall be known as the Slaughter Creek Wilderness.

(O)

Taylor Creek

Certain Federal land managed by the Bureau of Land Management, comprising approximately 32 acres, as generally depicted on the Northeastern Washington County Wilderness Map, which shall be known as the Taylor 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 of each wilderness area designated by paragraph (1).

(B)

Force and 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 any clerical or typographical 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—

(i)

the Bureau of Land Management; and

(ii)

the Forest Service.

(b)

Administration of wilderness areas

(1)

Management

Subject to valid existing rights, each area designated as wilderness by subsection (a)(1) 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 that Act shall be considered to be a reference to the date of enactment of this Act; and

(B)

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

(2)

Livestock

The grazing of livestock in each area designated as wilderness by subsection (a)(1), where established before the date of enactment of this Act, shall be permitted to continue—

(A)

subject to such reasonable regulations, policies, and practices that the Secretary considers necessary; and

(B)

in accordance with—

(i)

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

(ii)

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.Rep. 101–405) and H.R. 5487 of the 96th Congress (H. Rept. 96–617).

(3)

Wildfire, insect, and disease management

In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in each area designated as wilderness by subsection (a)(1) as the Secretary determines to be necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of those activities with a State or local agency).

(4)

Buffer zones

(A)

In general

Nothing in this section creates a protective perimeter or buffer zone around any area designated as wilderness by subsection (a)(1).

(B)

Activities outside wilderness

The fact that an activity or use on land outside any area designated as wilderness by subsection (a)(1) can be seen or heard within the wilderness shall not preclude the activity or use outside the boundary of the wilderness.

(5)

Military overflights

Nothing in this section restricts or precludes—

(A)

low-level overflights of military aircraft over any area designated as wilderness by subsection (a)(1), including military overflights that can be seen or heard within any wilderness area;

(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 any wilderness area.

(6)

Acquisition and incorporation of land and interests in land

(A)

Acquisition authority

In accordance with applicable laws (including regulations), the Secretary may acquire any land or interest in land within the boundaries of the wilderness areas designated by subsection (a)(1) by purchase from willing sellers, donation, or exchange.

(B)

Incorporation

Any land or interest in land acquired by the Secretary under subparagraph (A) shall be incorporated into, and administered as a part of, the wilderness area in which the land or interest in land is located.

(7)

Native American cultural and religious uses

Nothing in this section diminishes—

(A)

the rights of any Indian tribe; or

(B)

any tribal rights regarding access to Federal land for tribal activities, including spiritual, cultural, and traditional food-gathering activities.

(8)

Climatological data collection

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the wilderness areas designated by subsection (a)(1) if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.

(9)

Water rights

(A)

Statutory construction

Nothing in this section—

(i)

shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by subsection (a)(1);

(ii)

shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States;

(iii)

shall be construed as establishing a precedent with regard to any future wilderness designations;

(iv)

shall affect the interpretation of, or any designation made pursuant to, any other Act; or

(v)

shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportion water among and between the State and other States.

(B)

State water law

The Secretary shall follow the procedural and substantive requirements of the law of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas designated by subsection (a)(1).

(10)

Fish and wildlife

(A)

Jurisdiction of State

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

(B)

Authority of Secretary

In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may carry out management activities to maintain or restore fish and wildlife populations (including activities to maintain and restore fish and wildlife habitats to support the populations) in any wilderness area designated by subsection (a)(1) if the activities are—

(i)

consistent with applicable wilderness management plans; and

(ii)

carried out in accordance with—

(I)

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

(II)

applicable guidelines and policies, including applicable policies described in Appendix B of House Report 101–405.

(11)

Wildlife water development projects

Subject to paragraph (12), the Secretary may authorize structures and facilities, including existing structures and facilities, for wildlife water development projects, including guzzlers, in the wilderness areas designated by subsection (a)(1) if—

(A)

the structures and facilities will, as determined by the Secretary, enhance wilderness values by promoting healthy, viable, and more naturally distributed wildlife populations; and

(B)

the visual impacts of the structures and facilities on the wilderness areas can reasonably be minimized.

(12)

Cooperative agreement

Not later than 1 year after the date of enactment of this Act, the Secretary shall enter into a cooperative agreement with the State that specifies the terms and conditions under which wildlife management activities in the wilderness areas designated by subsection (a)(1) may be carried out.

(c)

Release of wilderness study areas

(1)

Finding

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

(2)

Release

Any public land described in paragraph (1) that is not designated as wilderness by subsection (a)(1)—

(A)

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

(B)

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

(d)

Transfer of administrative jurisdiction to national park service

Administrative jurisdiction over the land identified as the Watchman Wilderness on the Northeastern Washington County Wilderness Map is hereby transferred to the National Park Service, to be included in, and administered as part of Zion National Park.

1973.

Zion National Park wilderness

(a)

Definitions

In this section:

(1)

Federal land

The term Federal land means certain Federal land—

(A)

that is—

(i)

located in the County and Iron County, Utah; and

(ii)

managed by the National Park Service;

(B)

consisting of approximately 124,406 acres; and

(C)

as generally depicted on the Zion National Park Wilderness Map and the area added to the park under section 1972(d).

(2)

Wilderness Area

The term Wilderness Area means the Zion Wilderness designated by subsection (b)(1).

(3)

Zion National Park Wilderness Map

The term Zion National Park Wilderness Map means the map entitled Zion National Park Wilderness and dated April 2008.

(b)

Zion National Park Wilderness

(1)

Designation

Subject to valid existing rights, the Federal land is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Zion Wilderness.

(2)

Incorporation of acquired land

Any land located in the Zion National Park that is acquired by the Secretary through a voluntary sale, exchange, or donation may, on the recommendation of the Secretary, become part of the Wilderness Area, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.).

(3)

Map and legal description

(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 of the Wilderness Area.

(B)

Force and effect

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

(C)

Availability

The map and legal description submitted under subparagraph (A) shall be available in the appropriate offices of the National Park Service.

1974.

Red Cliffs National Conservation Area

(a)

Purposes

The purposes of this section are—

(1)

to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the National Conservation Area; and

(2)

to protect each species that is—

(A)

located in the National Conservation Area; and

(B)

listed as a threatened or endangered species on the list of threatened species or the list of endangered species published under section 4(c)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1533(c)(1)).

(b)

Definitions

In this section:

(1)

Habitat conservation plan

The term habitat conservation plan means the conservation plan entitled Washington County Habitat Conservation Plan and dated February 23, 1996.

(2)

Management plan

The term management plan means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).

(3)

National Conservation Area

The term National Conservation Area means the Red Cliffs National Conservation Area that—

(A)

consists of approximately 44,725 acres of public land in the County, as generally depicted on the Red Cliffs National Conservation Area Map; and

(B)

is established by subsection (c).

(4)

Public use plan

The term public use plan means the use plan entitled Red Cliffs Desert Reserve Public Use Plan and dated June 12, 2000, as amended.

(5)

Resource management plan

The term resource management plan means the management plan entitled St. George Field Office Resource Management Plan and dated March 15, 1999, as amended.

(c)

Establishment

Subject to valid existing rights, there is established in the State the Red Cliffs National Conservation Area.

(d)

Management plan

(1)

In general

Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.

(2)

Consultation

In developing the management plan required under paragraph (1), the Secretary shall consult with—

(A)

appropriate State, tribal, and local governmental entities; and

(B)

members of the public.

(3)

Incorporation of plans

In developing the management plan required under paragraph (1), to the extent consistent with this section, the Secretary may incorporate any provision of—

(A)

the habitat conservation plan;

(B)

the resource management plan; and

(C)

the public use plan.

(e)

Management

(1)

In general

The Secretary shall manage the National Conservation Area—

(A)

in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and

(B)

in accordance with—

(i)

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

(ii)

this section; and

(iii)

any other applicable law (including regulations).

(2)

Uses

The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further a purpose described in subsection (a).

(3)

Motorized vehicles

Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.

(4)

Grazing

The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue—

(A)

subject to—

(i)

such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(ii)

applicable law; and

(B)

in a manner consistent with the purposes described in subsection (a).

(5)

Wildland fire operations

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.

(f)

Incorporation of acquired land and interests

Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—

(1)

become part of the National Conservation Area; and

(2)

be managed in accordance with—

(A)

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

(B)

this section; and

(C)

any other applicable law (including regulations).

(g)

Withdrawal

(1)

In general

Subject to valid existing rights, all Federal land located in the National Conservation Area are withdrawn from—

(A)

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

(B)

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

(C)

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

(2)

Additional land

If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

(h)

Effect

Nothing in this section prohibits the authorization of the development of utilities within the National Conservation Area if the development is carried out in accordance with—

(1)

each utility development protocol described in the habitat conservation plan; and

(2)

any other applicable law (including regulations).

1975.

Beaver Dam Wash National Conservation Area

(a)

Purpose

The purpose of this section is to conserve, protect, and enhance for the benefit and enjoyment of present and future generations the ecological, scenic, wildlife, recreational, cultural, historical, natural, educational, and scientific resources of the Beaver Dam Wash National Conservation Area.

(b)

Definitions

In this section:

(1)

Management plan

The term management plan means the management plan for the National Conservation Area developed by the Secretary under subsection (d)(1).

(2)

National Conservation Area

The term National Conservation Area means the Beaver Dam Wash National Conservation Area that—

(A)

consists of approximately 68,083 acres of public land in the County, as generally depicted on the Beaver Dam Wash National Conservation Area Map; and

(B)

is established by subsection (c).

(c)

Establishment

Subject to valid existing rights, there is established in the State the Beaver Dam Wash National Conservation Area.

(d)

Management plan

(1)

In general

Not later than 3 years after the date of enactment of this Act and in accordance with paragraph (2), the Secretary shall develop a comprehensive plan for the long-term management of the National Conservation Area.

(2)

Consultation

In developing the management plan required under paragraph (1), the Secretary shall consult with—

(A)

appropriate State, tribal, and local governmental entities; and

(B)

members of the public.

(3)

Motorized vehicles

In developing the management plan required under paragraph (1), the Secretary shall incorporate the restrictions on motorized vehicles described in subsection (e)(3).

(e)

Management

(1)

In general

The Secretary shall manage the National Conservation Area—

(A)

in a manner that conserves, protects, and enhances the resources of the National Conservation Area; and

(B)

in accordance with—

(i)

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

(ii)

this section; and

(iii)

any other applicable law (including regulations).

(2)

Uses

The Secretary shall only allow uses of the National Conservation Area that the Secretary determines would further the purpose described in subsection (a).

(3)

Motorized vehicles

(A)

In general

Except in cases in which motorized vehicles are needed for administrative purposes, or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated by the management plan for the use of motorized vehicles.

(B)

Additional requirement relating to certain areas located in the National Conservation Area

In addition to the requirement described in subparagraph (A), with respect to the areas designated on the Beaver Dam Wash National Conservation Area Map as Designated Road Areas, motorized vehicles shall be permitted only on the roads identified on such map.

(4)

Grazing

The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be permitted to continue—

(A)

subject to—

(i)

such reasonable regulations, policies, and practices as the Secretary considers necessary; and

(ii)

applicable law (including regulations); and

(B)

in a manner consistent with the purpose described in subsection (a).

(5)

Wildland fire operations

Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the National Conservation Area, consistent with the purposes of this section.

(f)

Incorporation of acquired land and interests

Any land or interest in land that is located in the National Conservation Area that is acquired by the United States shall—

(1)

become part of the National Conservation Area; and

(2)

be managed in accordance with—

(A)

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

(B)

this section; and

(C)

any other applicable law (including regulations).

(g)

Withdrawal

(1)

In general

Subject to valid existing rights, all Federal land located in the National Conservation Area is withdrawn from—

(A)

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

(B)

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

(C)

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

(2)

Additional land

If the Secretary acquires additional land that is located in the National Conservation Area after the date of enactment of this Act, the land is withdrawn from operation of the laws referred to in paragraph (1) on the date of acquisition of the land.

1976.

Zion National Park wild and scenic river designation

(a)

Designation

Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1852) is amended by adding at the end the following:

(204)

Zion national park, Utah

The approximately 165.5 miles of segments of the Virgin River and tributaries of the Virgin River across Federal land within and adjacent to Zion National Park, as generally depicted on the map entitled Wild and Scenic River Segments Zion National Park and Bureau of Land Management and dated April 2008, to be administered by the Secretary of the Interior in the following classifications:

(A)

Taylor Creek

The 4.5-mile segment from the junction of the north, middle, and south forks of Taylor Creek, west to the park boundary and adjacent land rim-to-rim, as a scenic river.

(B)

North Fork of Taylor Creek

The segment from the head of North Fork to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river.

(C)

Middle Fork of Taylor Creek

The segment from the head of Middle Fork on Bureau of Land Management land to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river.

(D)

South Fork of Taylor Creek

The segment from the head of South Fork to the junction with Taylor Creek and adjacent land rim-to-rim, as a wild river.

(E)

Timber Creek and tributaries

The 3.1-mile segment from the head of Timber Creek and tributaries of Timber Creek to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.

(F)

LaVerkin Creek

The 16.1-mile segment beginning in T. 38 S., R. 11 W., sec. 21, on Bureau of Land Management land, southwest through Zion National Park, and ending at the south end of T. 40 S., R. 12 W., sec. 7, and adjacent land 1/2-mile wide, as a wild river.

(G)

Willis Creek

The 1.9-mile segment beginning on Bureau of Land Management land in the SWSW sec. 27, T. 38 S., R. 11 W., to the junction with LaVerkin Creek in Zion National Park and adjacent land rim-to-rim, as a wild river.

(H)

Beartrap Canyon

The 2.3-mile segment beginning on Bureau of Management land in the SWNW sec. 3, T. 39 S., R. 11 W., to the junction with LaVerkin Creek and the segment from the headwaters north of Long Point to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.

(I)

Hop Valley Creek

The 3.3-mile segment beginning at the southern boundary of T. 39 S., R. 11 W., sec. 20, to the junction with LaVerkin Creek and adjacent land 1/2-mile wide, as a wild river.

(J)

Current Creek

The 1.4-mile segment from the head of Current Creek to the junction with LaVerkin Creek and adjacent land rim-to-rim, as a wild river.

(K)

Cane Creek

The 0.6-mile segment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1/2-mile wide, as a wild river.

(L)

Smith Creek

The 1.3-mile segment from the head of Smith Creek to the junction with LaVerkin Creek and adjacent land 1/2-mile wide, as a wild river.

(M)

North Creek left and right forks

The segment of the Left Fork from the junction with Wildcat Canyon to the junction with Right Fork, from the head of Right Fork to the junction with Left Fork, and from the junction of the Left and Right Forks southwest to Zion National Park boundary and adjacent land rim-to-rim, as a wild river.

(N)

Wildcat Canyon (Blue Creek)

The segment of Blue Creek from the Zion National Park boundary to the junction with the Right Fork of North Creek and adjacent land rim-to-rim, as a wild river.

(O)

Little Creek

The segment beginning at the head of Little Creek to the junction with the Left Fork of North Creek and adjacent land 1/2-mile wide, as a wild river.

(P)

Russell Gulch

The segment from the head of Russell Gulch to the junction with the Left Fork of North Creek and adjacent land rim-to-rim, as a wild river.

(Q)

Grapevine Wash

The 2.6-mile segment from the Lower Kolob Plateau to the junction with the Left Fork of North Creek and adjacent land rim-to-rim, as a scenic river.

(R)

Pine Spring Wash

The 4.6-mile segment to the junction with the left fork of North Creek and adjacent land 1/2-mile, as a scenic river.

(S)

Wolf Springs Wash

The 1.4-mile segment from the head of Wolf Springs Wash to the junction with Pine Spring Wash and adjacent land 1/2-mile wide, as a scenic river.

(T)

Kolob Creek

The 5.9-mile segment of Kolob Creek beginning in T. 39 S., R. 10 W., sec. 30, through Bureau of Land Management land and Zion National Park land to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(U)

Oak Creek

The 1-mile stretch of Oak Creek beginning in T. 39 S., R. 10 W., sec. 19, to the junction with Kolob Creek and adjacent land rim-to-rim, as a wild river.

(V)

Goose Creek

The 4.6-mile segment of Goose Creek from the head of Goose Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(W)

Deep Creek

The 5.3-mile segment of Deep Creek beginning on Bureau of Land Management land at the northern boundary of T. 39 S., R. 10 W., sec. 23, south to the junction of the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(X)

North Fork of the Virgin River

The 10.8-mile segment of the North Fork of the Virgin River beginning on Bureau of Land Management land at the eastern border of T. 39 S., R. 10 W., sec. 35, to Temple of Sinawava and adjacent land rim-to-rim, as a wild river.

(Y)

North Fork of the Virgin River

The 8-mile segment of the North Fork of the Virgin River from Temple of Sinawava south to the Zion National Park boundary and adjacent land 1/2-mile wide, as a recreational river.

(Z)

Imlay Canyon

The segment from the head of Imlay Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(AA)

Orderville Canyon

The segment from the eastern boundary of Zion National Park to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(BB)

Mystery Canyon

The segment from the head of Mystery Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(CC)

Echo Canyon

The segment from the eastern boundary of Zion National Park to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(DD)

Behunin Canyon

The segment from the head of Behunin Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(EE)

Heaps Canyon

The segment from the head of Heaps Canyon to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a wild river.

(FF)

Birch Creek

The segment from the head of Birch Creek to the junction with the North Fork of the Virgin River and adjacent land 1/2-mile wide, as a wild river.

(GG)

Oak Creek

The segment of Oak Creek from the head of Oak Creek to where the forks join and adjacent land 1/2-mile wide, as a wild river.

(HH)

Oak Creek

The 1-mile segment of Oak Creek from the point at which the 2 forks of Oak Creek join to the junction with the North Fork of the Virgin River and adjacent land 1/2-mile wide, as a recreational river.

(II)

Clear Creek

The 6.4-mile segment of Clear Creek from the eastern boundary of Zion National Park to the junction with Pine Creek and adjacent land rim-to-rim, as a recreational river.

(JJ)

Pine Creek

The 2-mile segment of Pine Creek from the head of Pine Creek to the junction with Clear Creek and adjacent land rim-to-rim, as a wild river.

(KK)

Pine Creek

The 3-mile segment of Pine Creek from the junction with Clear Creek to the junction with the North Fork of the Virgin River and adjacent land rim-to-rim, as a recreational river.

(LL)

East Fork of the virgin River

The 8-mile segment of the East Fork of the Virgin River from the eastern boundary of Zion National Park through Parunuweap Canyon to the western boundary of Zion National Park and adjacent land 1/2-mile wide, as a wild river.

(MM)

Shunes Creek

The 3-mile segment of Shunes Creek from the dry waterfall on land administered by the Bureau of Land Management through Zion National Park to the western boundary of Zion National Park and adjacent land 1/2-mile wide as a wild river.

.

(b)

Incorporation of acquired non-Federal land

If the United States acquires any non-Federal land within or adjacent to Zion National Park that includes a river segment that is contiguous to a river segment of the Virgin River designated as a wild, scenic, or recreational river by paragraph (204) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the acquired river segment shall be incorporated in, and be administered as part of, the applicable wild, scenic, or recreational river.

(c)

Savings clause

The amendment made by subsection (a) does not affect the agreement among the United States, the State, the Washington County Water Conservancy District, and the Kane County Water Conservancy District entitled Zion National Park Water Rights Settlement Agreement and dated December 4, 1996.

1977.

Washington County comprehensive travel and transportation management plan

(a)

Definitions

In this section:

(1)

Secretary

The term Secretary means the Secretary of the Interior.

(2)

Secretary concerned

The term Secretary concerned means—

(A)

with respect to land managed by the Bureau of Land Management, the Secretary; and

(B)

with respect to land managed by the Forest Service, the Secretary of Agriculture.

(3)

Trail

The term trail means the High Desert Off-Highway Vehicle Trail designated under subsection (c)(1)(A).

(4)

Travel management plan

The term travel management plan means the comprehensive travel and transportation management plan developed under subsection (b)(1).

(b)

Comprehensive travel and transportation management plan

(1)

In general

Not later than 3 years after the date of enactment of this Act, in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and other applicable laws (including regulations), the Secretary, in consultation with appropriate Federal agencies and State, tribal, and local governmental entities, and after an opportunity for public comment, shall develop a comprehensive travel management plan for the land managed by the Bureau of Land Management in the County—

(A)

to provide to the public a clearly marked network of roads and trails with signs and maps to promote—

(i)

public safety and awareness; and

(ii)

enhanced recreation and general access opportunities;

(B)

to help reduce in the County growing conflicts arising from interactions between—

(i)

motorized recreation; and

(ii)

the important resource values of public land;

(C)

to promote citizen-based opportunities for—

(i)

the monitoring and stewardship of the trail; and

(ii)

trail system management; and

(D)

to support law enforcement officials in promoting—

(i)

compliance with off-highway vehicle laws (including regulations); and

(ii)

effective deterrents of abuses of public land.

(2)

Scope; contents

In developing the travel management plan, the Secretary shall—

(A)

in consultation with appropriate Federal agencies, State, tribal, and local governmental entities (including the County and St. George City, Utah), and the public, identify 1 or more alternatives for a northern transportation route in the County;

(B)

ensure that the travel management plan contains a map that depicts the trail; and

(C)

designate a system of areas, roads, and trails for mechanical and motorized use.

(c)

Designation of trail

(1)

Designation

(A)

In general

As a component of the travel management plan, and in accordance with subparagraph (B), the Secretary, in coordination with the Secretary of Agriculture, and after an opportunity for public comment, shall designate a trail (which may include a system of trails)—

(i)

for use by off-highway vehicles; and

(ii)

to be known as the High Desert Off-Highway Vehicle Trail.

(B)

Requirements

In designating the trail, the Secretary shall only include trails that are—

(i)

as of the date of enactment of this Act, authorized for use by off-highway vehicles; and

(ii)

located on land that is managed by the Bureau of Land Management in the County.

(C)

National Forest Land

The Secretary of Agriculture, in coordination with the Secretary and in accordance with applicable law, may designate a portion of the trail on National Forest System land within the County.

(D)

Map

A map that depicts the trail shall be on file and available for public inspection in the appropriate offices of—

(i)

the Bureau of Land Management; and

(ii)

the Forest Service.

(2)

Management

(A)

In general

The Secretary concerned shall manage the trail—

(i)

in accordance with applicable laws (including regulations);

(ii)

to ensure the safety of citizens who use the trail; and

(iii)

in a manner by which to minimize any damage to sensitive habitat or cultural resources.

(B)

Monitoring; evaluation

To minimize the impacts of the use of the trail on environmental and cultural resources, the Secretary concerned shall—

(i)

annually assess the effects of the use of off-highway vehicles on—

(I)

the trail; and

(II)

land located in proximity to the trail; and

(ii)

in consultation with the Utah Department of Natural Resources, annually assess the effects of the use of the trail on wildlife and wildlife habitat.

(C)

Closure

The Secretary concerned, in consultation with the State and the County, and subject to subparagraph (D), may temporarily close or permanently reroute a portion of the trail if the Secretary concerned determines that—

(i)

the trail is having an adverse impact on—

(I)

wildlife habitats;

(II)

natural resources;

(III)

cultural resources; or

(IV)

traditional uses;

(ii)

the trail threatens public safety; or

(iii)

closure of the trail is necessary—

(I)

to repair damage to the trail; or

(II)

to repair resource damage.

(D)

Rerouting

Any portion of the trail that is temporarily closed by the Secretary concerned under subparagraph (C) may be permanently rerouted along any road or trail—

(i)

that is—

(I)

in existence as of the date of the closure of the portion of the trail;

(II)

located on public land; and

(III)

open to motorized use; and

(ii)

if the Secretary concerned determines that rerouting the portion of the trail would not significantly increase or decrease the length of the trail.

(E)

Notice of available routes

The Secretary, in coordination with the Secretary of Agriculture, shall ensure that visitors to the trail have access to adequate notice relating to the availability of trail routes through—

(i)

the placement of appropriate signage along the trail; and

(ii)

the distribution of maps, safety education materials, and other information that the Secretary concerned determines to be appropriate.

(3)

Effect

Nothing in this section affects the ownership, management, or other rights relating to any non-Federal land (including any interest in any non-Federal land).

1978.

Land disposal and acquisition

(a)

In general

Consistent with applicable law, the Secretary of the Interior may sell public land located within Washington County, Utah, that, as of July 25, 2000, 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 portion 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 to be known as the Washington County, Utah Land Acquisition Account.

(2)

Availability

(A)

In general

Amounts in the account shall be available to the Secretary, without further appropriation, to purchase from willing sellers lands or interests in land within the wilderness areas and National Conservation Areas established by this subtitle.

(B)

Applicability

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

1979.

Management of priority biological areas

(a)

In general

In accordance with applicable Federal laws (including regulations), the Secretary of the Interior shall—

(1)

identify areas located in the County where biological conservation is a priority; and

(2)

undertake activities to conserve and restore plant and animal species and natural communities within such areas.

(b)

Grants; cooperative agreements

In carrying out subsection (a), the Secretary of the Interior may make grants to, or enter into cooperative agreements with, State, tribal, and local governmental entities and private entities to conduct research, develop scientific analyses, and carry out any other initiative relating to the restoration or conservation of the areas.

1980.

Public purpose conveyances

(a)

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), upon the request of the appropriate local governmental entity, as described below, the Secretary shall convey the following parcels of public land without consideration, subject to the provisions of this section:

(1)

Temple quarry

The approximately 122-acre parcel known as Temple Quarry as generally depicted on the Washington County Growth and Conservation Act Map as Parcel B, to the City of St. George, Utah, for open space and public recreation purposes.

(2)

Hurricane city sports park

The approximately 41-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel C, to the City of Hurricane, Utah, for public recreation purposes and public administrative offices.

(3)

Washington county school district

The approximately 70-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel D, to the Washington County Public School District for use for public school and related educational and administrative purposes.

(4)

Washington county jail

The approximately 80-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel E, to Washington County, Utah, for expansion of the Purgatory Correctional Facility.

(5)

Hurricane equestrian park

The approximately 40-acre parcel as generally depicted on the Washington County Growth and Conservation Act Map as Parcel F, to the City of Hurricane, Utah, for use as a public equestrian park.

(b)

Map and legal descriptions

As soon as practicable after the date of enactment of this Act, the Secretary shall finalize legal descriptions of the parcels to be conveyed under this section. The Secretary may correct any minor errors in the map referenced in subsection (a) or in the applicable legal descriptions. The map and legal descriptions shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.

(c)

Reversion

(1)

In general

If any parcel conveyed under this section ceases to be used for the public purpose for which the parcel was conveyed, as described in subsection (a), the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States.

(2)

Responsibility of local governmental entity

If the Secretary determines pursuant to paragraph (1) that the land should revert to the United States, and if the Secretary determines that the land is contaminated with hazardous waste, the local governmental entity to which the land was conveyed shall be responsible for remediation of the contamination.

1981.

Conveyance of Dixie National Forest land

(a)

Definitions

In this section:

(1)

Covered Federal land

The term covered Federal land means the approximately 66.07 acres of land in the Dixie National Forest in the State, as depicted on the map.

(2)

Landowner

The term landowner means Kirk R. Harrison, who owns land in Pinto Valley, Utah.

(3)

Map

The term map means the map entitled Conveyance of Dixie National Forest Land and dated December 18, 2008.

(4)

Secretary

The term Secretary means the Secretary of Agriculture.

(b)

Conveyance

(1)

In general

The Secretary may convey to the landowner all right, title, and interest of the United States in and to any of the covered Federal land (including any improvements or appurtenances to the covered Federal land) by sale or exchange.

(2)

Legal description

The exact acreage and legal description of the covered Federal land to be conveyed under paragraph (1) shall be determined by surveys satisfactory to the Secretary.

(3)

Consideration

(A)

In general

As consideration for any conveyance by sale under paragraph (1), the landowner shall pay to the Secretary an amount equal to the fair market value of any Federal land conveyed, as determined under subparagraph (B).

(B)

Appraisal

The fair market value of any Federal land that is conveyed under paragraph (1) shall be determined by an appraisal acceptable to the Secretary that is performed in accordance with—

(i)

the Uniform Appraisal Standards for Federal Land Acquisitions;

(ii)

the Uniform Standards of Professional Appraisal Practice; and

(iii)

any other applicable law (including regulations).

(4)

Disposition and use of proceeds

(A)

Disposition of proceeds

The Secretary shall deposit the proceeds of any sale of land under paragraph (1) in the fund established under Public Law 90–171 (commonly known as the Sisk Act) (16 U.S.C. 484a).

(B)

Use of proceeds

Amounts deposited under subparagraph (A) shall be available to the Secretary, without further appropriation and until expended, for the acquisition of real property or interests in real property for inclusion in the Dixie National Forest in the State.

(5)

Additional terms and conditions

The Secretary may require any additional terms and conditions for any conveyance under paragraph (1) that the Secretary determines to be appropriate to protect the interests of the United States.

1982.

Transfer of land into trust for Shivwits Band of Paiute Indians

(a)

Definitions

In this section:

(1)

Parcel A

The term Parcel A means the parcel that consists of approximately 640 acres of land that is—

(A)

managed by the Bureau of Land Management;

(B)

located in Washington County, Utah; and

(C)

depicted on the map entitled Washington County Growth and Conservation Act Map.

(2)

Secretary

The term Secretary means the Secretary of the Interior.

(3)

Tribe

The term Tribe means the Shivwits Band of Paiute Indians of the State of Utah.

(b)

Parcel To Be held in trust

(1)

In general

At the request of the Tribe, the Secretary shall take into trust for the benefit of the Tribe all right, title, and interest of the United States in and to Parcel A.

(2)

Survey; legal description

(A)

Survey

Not later than 180 days after the date of enactment of this Act, the Secretary, acting through the Director of the Bureau of Land Management, shall complete a survey of Parcel A to establish the boundary of Parcel A.

(B)

Legal description of Parcel A

(i)

In general

Upon the completion of the survey under subparagraph (A), the Secretary shall publish in the Federal Register a legal description of—

(I)

the boundary line of Parcel A; and

(II)

Parcel A.

(ii)

Technical corrections

Before the date of publication of the legal descriptions under clause (i), the Secretary may make minor corrections to correct technical and clerical errors in the legal descriptions.

(iii)

Effect

Effective beginning on the date of publication of the legal descriptions under clause (i), the legal descriptions shall be considered to be the official legal descriptions of Parcel A.

(3)

Effect

Nothing in this section—

(A)

affects any valid right in existence on the date of enactment of this Act;

(B)

enlarges, impairs, or otherwise affects any right or claim of the Tribe to any land or interest in land other than to Parcel A that is—

(i)

based on an aboriginal or Indian title; and

(ii)

in existence as of the date of enactment of this Act; or

(C)

constitutes an express or implied reservation of water or a water right with respect to Parcel A.

(4)

Land to be made a part of the reservation

Land taken into trust pursuant to this section shall be considered to be part of the reservation of the Tribe.

1983.

Authorization of appropriations

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

II

Bureau of Land Management Authorizations

A

National Landscape Conservation System

2001.

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 2002(a).

2002.

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;

(D)

public land within the California Desert Conservation Area administered by the Bureau of Land Management for conservation purposes; and

(E)

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.

(d)

Effect

(1)

In general

Nothing in this subtitle enhances, diminishes, or modifies any law or proclamation (including regulations relating to the law or proclamation) under which the components of the system described in subsection (b) were established or are managed, including—

(A)

the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.);

(B)

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

(C)

the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.);

(D)

the National Trails System Act (16 U.S.C. 1241 et seq.); and

(E)

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

(2)

Fish and wildlife

Nothing in this subtitle shall be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping and recreational shooting on public land managed by the Bureau of Land Management. Nothing in this subtitle shall be construed as limiting access for hunting, fishing, trapping, or recreational shooting.

2003.

Authorization of appropriations

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

B

Prehistoric Trackways National Monument

2101.

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.

2102.

Definitions

In this subtitle:

(1)

Monument

The term Monument means the Prehistoric Trackways National Monument established by section 2103(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.

2103.

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 December 17, 2008.

(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.

2104.

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 2103(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 2103(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—

(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.

2105.

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

2201.

Definitions

In this subtitle:

(1)

Conservation area

The term Conservation Area means the Fort Stanton-Snowy River Cave National Conservation Area established by section 2202(a).

(2)

Management plan

The term management plan means the management plan developed for the Conservation Area under section 2203(c).

(3)

Secretary

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

2202.

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 December 15, 2008.

(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.

2203.

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 2202(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)

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.

(e)

Water Rights

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

2204.

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

2301.

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

Dominguez-Escalante National Conservation Area

2401.

Definitions

In this subtitle:

(1)

Conservation area

The term Conservation Area means the Dominguez-Escalante National Conservation Area established by section 2402(a)(1).

(2)

Council

The term Council means the Dominguez-Escalante National Conservation Area Advisory Council established under section 2407.

(3)

Management plan

The term management plan means the management plan developed under section 2406.

(4)

Map

The term Map means the map entitled Dominguez-Escalante National Conservation Area and dated September 15, 2008.

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

State

The term State means the State of Colorado.

(7)

Wilderness

The term Wilderness means the Dominguez Canyon Wilderness Area designated by section 2403(a).

2402.

Dominguez-Escalante National Conservation Area

(a)

Establishment

(1)

In general

There is established the Dominguez-Escalante National Conservation Area in the State.

(2)

Area included

The Conservation Area shall consist of approximately 209,610 acres of public land, as generally depicted on the Map.

(b)

Purposes

The purposes of the Conservation Area are to conserve and protect for the benefit and enjoyment of present and future generations—

(1)

the unique and important resources and values of the land, including the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the public land; and

(2)

the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities.

(c)

Management

(1)

In general

The Secretary shall manage the Conservation Area—

(A)

as a component of the National Landscape Conservation System;

(B)

in a manner that conserves, protects, and enhances the resources and values of the Conservation Area described in subsection (b); and

(C)

in accordance with—

(i)

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

(ii)

this subtitle; and

(iii)

any other applicable laws.

(2)

Uses

(A)

In general

The Secretary shall allow only such uses of the Conservation Area as the Secretary determines would further the purposes for which the Conservation Area is established.

(B)

Use of motorized vehicles

(i)

In general

Except as provided in clauses (ii) and (iii), use of motorized vehicles in the Conservation Area shall be allowed—

(I)

before the effective date of the management plan, only on roads and trails designated for use of motor vehicles in the management plan that applies on the date of the enactment of this Act to the public land in the Conservation Area; and

(II)

after the effective date of the management plan, only on roads and trails designated in the management plan for the use of motor vehicles.

(ii)

Administrative and emergency response use

Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency.

(iii)

Limitation

This subparagraph shall not apply to the Wilderness.

2403.

Dominguez Canyon Wilderness Area

(a)

In general

In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 66,280 acres of public land in Mesa, Montrose, and Delta Counties, Colorado, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Dominguez Canyon Wilderness Area.

(b)

Administration of Wilderness

The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this subtitle, except that—

(1)

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

(2)

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

2404.

Maps and legal descriptions

(a)

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 the Conservation Area and the Wilderness with—

(1)

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

(2)

the Committee on Natural Resources of the House of Representatives.

(b)

Force and effect

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

(c)

Public availability

The Map and legal descriptions filed under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management.

2405.

Management of Conservation Area and Wilderness

(a)

Withdrawal

Subject to valid existing rights, all Federal land within the Conservation Area and the Wilderness and all land and interests in land acquired by the United States within the Conservation Area or the Wilderness 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)

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

(b)

Grazing

(1)

Grazing in conservation area

Except as provided in paragraph (2), the Secretary shall issue and administer any grazing leases or permits in the Conservation Area in accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other land under the jurisdiction of the Bureau of Land Management.

(2)

Grazing in wilderness

The grazing of livestock in the Wilderness, if established as of the date of enactment of this Act, shall be permitted to continue—

(A)

subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and

(B)

in accordance with—

(i)

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

(ii)

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).

(c)

No buffer zones

(1)

In general

Nothing in this subtitle creates a protective perimeter or buffer zone around the Conservation Area.

(2)

Activities outside conservation area

The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not preclude the activity or use outside the boundary of the Conservation Area.

(d)

Acquisition of land

(1)

In general

The Secretary may acquire non-Federal land within the boundaries of the Conservation Area or the Wilderness only through exchange, donation, or purchase from a willing seller.

(2)

Management

Land acquired under paragraph (1) shall—

(A)

become part of the Conservation Area and, if applicable, the Wilderness; and

(B)

be managed in accordance with this subtitle and any other applicable laws.

(e)

Fire, insects, and diseases

Subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may undertake such measures as are necessary to control fire, insects, and diseases—

(1)

in the Wilderness, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and

(2)

except as provided in paragraph (1), in the Conservation Area in accordance with this subtitle and any other applicable laws.

(f)

Access

The Secretary shall continue to provide private landowners adequate access to inholdings in the Conservation Area.

(g)

Invasive species and noxious weeds

In accordance with any applicable laws and subject to such terms and conditions as the Secretary determines to be desirable and appropriate, the Secretary may prescribe measures to control nonnative invasive plants and noxious weeds within the Conservation Area.

(h)

Water rights

(1)

Effect

Nothing in this subtitle—

(A)

affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;

(B)

affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;

(C)

affects any interstate water compact in existence on the date of enactment of this Act;

(D)

authorizes or imposes any new reserved Federal water rights; or

(E)

shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.

(2)

Wilderness water rights

(A)

In general

The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (B) through (G).

(B)

State law

(i)

Procedural requirements

Any water rights within the Wilderness for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law.

(ii)

Establishment of water rights

(I)

In general

Except as provided in subclause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law.

(II)

Exception

Notwithstanding subclause (I) and in accordance with this subtitle, the Secretary may appropriate and seek adjudication of water rights to maintain surface water levels and stream flows on and across the Wilderness to fulfill the purposes of the Wilderness.

(C)

Deadline

The Secretary shall promptly, but not earlier than January 2009, appropriate the water rights required to fulfill the purposes of the Wilderness.

(D)

Required determination

The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F).

(E)

Cooperative enforcement

(i)

In general

The Secretary shall not pursue adjudication of any Federal instream flow water rights established under this paragraph if—

(I)

the Secretary determines, upon adjudication of the water rights by the Colorado Water Conservation Board, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of the Wilderness; and

(II)

the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full exercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of the Wilderness.

(ii)

Adjudication

If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights required to fulfill the purposes of the Wilderness in accordance with this paragraph.

(F)

Insufficient water rights

If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph (E) to such a degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of the Wilderness, the Secretary shall adjudicate and exercise Federal water rights required to fulfill the purposes of the Wilderness in accordance with subparagraph (B).

(G)

Failure to comply

The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that—

(i)

the State is not exercising its water rights consistent with subparagraph (E)(i)(I); or

(ii)

the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness.

(3)

Water resource facility

(A)

In general

Notwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new irrigation and pumping facility, reservoir, water conservation work, aqueduct, canal, ditch, pipeline, well, hydropower project, transmission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness.

(B)

Exception

Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with—

(i)

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

(ii)

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)

Conservation area water rights

With respect to water within the Conservation Area, nothing in this subtitle—

(A)

authorizes any Federal agency to appropriate or otherwise acquire any water right on the mainstem of the Gunnison River; or

(B)

prevents the State from appropriating or acquiring, or requires the State to appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River.

(5)

Wilderness boundaries along gunnison river

(A)

In general

In areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall—

(i)

be located at the edge of the river; and

(ii)

change according to the river level.

(B)

Exclusion from wilderness

Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness.

(i)

Effect

Nothing in this subtitle—

(1)

diminishes the jurisdiction of the State with respect to fish and wildlife in the State; or

(2)

imposes any Federal water quality standard upstream of the Conservation Area or within the mainstem of the Gunnison River that is more restrictive than would be applicable had the Conservation Area not been established.

(j)

Valid existing rights

The designation of the Conservation Area and Wilderness is subject to valid rights in existence on the date of enactment of this Act.

2406.

Management plan

(a)

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 Conservation Area.

(b)

Purposes

The management plan shall—

(1)

describe the appropriate uses and management of the Conservation Area;

(2)

be developed with extensive public input;

(3)

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

(4)

include a comprehensive travel management plan.

2407.

Advisory council

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the Dominguez-Escalante National Conservation Area Advisory Council.

(b)

Duties

The Council shall advise the Secretary with respect to the preparation and implementation of the management plan.

(c)

Applicable law

The Council shall be subject to—

(1)

the Federal Advisory Committee Act (5 U.S.C. App.); and

(2)

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

(d)

Members

The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable—

(1)

1 member shall be appointed after considering the recommendations of the Mesa County Commission;

(2)

1 member shall be appointed after considering the recommendations of the Montrose County Commission;

(3)

1 member shall be appointed after considering the recommendations of the Delta County Commission;

(4)

1 member shall be appointed after considering the recommendations of the permittees holding grazing allotments within the Conservation Area or the Wilderness; and

(5)

5 members shall reside in, or within reasonable proximity to, Mesa County, Delta County, or Montrose County, Colorado, with backgrounds that reflect—

(A)

the purposes for which the Conservation Area or Wilderness was established; and

(B)

the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness.

(e)

Representation

The Secretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council.

(f)

Duration

The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary.

2408.

Authorization of appropriations

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

F

Rio Puerco Watershed Management Program

2501.

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 Land Management Act of 2009.

(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 Land Management Act of 2009.

G

Land conveyances and exchanges

2601.

Carson City, Nevada, land conveyances

(a)

Definitions

In this section:

(1)

City

The term City means Carson City Consolidated Municipality, Nevada.

(2)

Map

The term Map means the map entitled Carson City, Nevada Area, dated November 7, 2008, and on file and available for public inspection in the appropriate offices of—

(A)

the Bureau of Land Management;

(B)

the Forest Service; and

(C)

the City.

(3)

Secretary

The term Secretary means—

(A)

with respect to land in the National Forest System, the Secretary of Agriculture, acting through the Chief of the Forest Service; and

(B)

with respect to other Federal land, the Secretary of the Interior.

(4)

Secretaries

The term Secretaries means the Secretary of Agriculture and the Secretary of the Interior, acting jointly.

(5)

Tribe

The term Tribe means the Washoe Tribe of Nevada and California, which is a federally recognized Indian tribe.

(b)

Conveyances of Federal land and City land

(1)

In general

Notwithstanding section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712), if the City offers to convey to the United States title to the non-Federal land described in paragraph (2)(A) that is acceptable to the Secretary of Agriculture—

(A)

the Secretary shall accept the offer; and

(B)

not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in paragraph (2)(A), the Secretaries shall convey to the City, subject to valid existing rights and for no consideration, except as provided in paragraph (3)(A), all right, title, and interest of the United States in and to the Federal land (other than any easement reserved under paragraph (3)(B)) or interest in land described in paragraph (2)(B).

(2)

Description of land

(A)

Non-Federal land

The non-Federal land referred to in paragraph (1) is the approximately 2,264 acres of land administered by the City and identified on the Map as To U.S. Forest Service.

(B)

Federal land

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

(i)

the approximately 935 acres of Forest Service land identified on the Map as To Carson City for Natural Areas;

(ii)

the approximately 3,604 acres of Bureau of Land Management land identified on the Map as Silver Saddle Ranch and Carson River Area;

(iii)

the approximately 1,848 acres of Bureau of Land Management land identified on the Map as To Carson City for Parks and Public Purposes; and

(iv)

the approximately 75 acres of City land in which the Bureau of Land Management has a reversionary interest that is identified on the Map as Reversionary Interest of the United States Released.

(3)

Conditions

(A)

Consideration

Before the conveyance of the 62–acre Bernhard parcel to the City, the City shall deposit in the special account established by subsection (e)(2)(A) an amount equal to 25 percent of the difference between—

(i)

the amount for which the Bernhard parcel was purchased by the City on July 18, 2001; and

(ii)

the amount for which the Bernhard parcel was purchased by the Secretary on March 24, 2006.

(B)

Conservation easement

As a condition of the conveyance of the land described in paragraph (2)(B)(ii), the Secretary, in consultation with Carson City and affected local interests, shall reserve a perpetual conservation easement to the land to protect, preserve, and enhance the conservation values of the land, consistent with paragraph (4)(B).

(C)

Costs

Any costs relating to the conveyance under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the recipient of the land being conveyed.

(4)

Use of land

(A)

Natural areas

(i)

In general

Except as provided in clause (ii), the land described in paragraph (2)(B)(i) shall be managed by the City to maintain undeveloped open space and to preserve the natural characteristics of the land in perpetuity.

(ii)

Exception

Notwithstanding clause (i), the City may—

(I)

conduct projects on the land to reduce fuels;

(II)

construct and maintain trails, trailhead facilities, and any infrastructure on the land that is required for municipal water and flood management activities; and

(III)

maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act.

(B)

Silver Saddle Ranch and Carson River Area

(i)

In general

Except as provided in clause (ii), the land described in paragraph (2)(B)(ii) shall—

(I)

be managed by the City to protect and enhance the Carson River, the floodplain and surrounding upland, and important wildlife habitat; and

(II)

be used for undeveloped open space, passive recreation, customary agricultural practices, and wildlife protection.

(ii)

Exception

Notwithstanding clause (i), the City may—

(I)

construct and maintain trails and trailhead facilities on the land;

(II)

conduct projects on the land to reduce fuels;

(III)

maintain or reconstruct any improvements on the land that are in existence on the date of enactment of this Act; and

(IV)

allow the use of motorized vehicles on designated roads, trails, and areas in the south end of Prison Hill.

(C)