H.R. 2578 (112th): Conservation and Economic Growth Act

112th Congress, 2011–2013. Text as of Jun 20, 2012 (Referred to Senate Committee).

Status & Summary | PDF | Source: GPO

IIB

112th CONGRESS

2d Session

H. R. 2578

IN THE SENATE OF THE UNITED STATES

June 20, 2012

Received; read twice and referred to the Committee on Energy and Natural Resources

AN ACT

To amend the Wild and Scenic Rivers Act related to a segment of the Lower Merced River in California, and for other purposes.

1.

Short title

This Act may be cited as the Conservation and Economic Growth Act.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Title I—Lower Merced River

Sec. 101. Lower Merced River.

Title II—Bonneville Unit Clean Hydropower Facilitation Act

Sec. 201. Short title.

Sec. 202. Diamond Fork System defined.

Sec. 203. Cost allocations.

Sec. 204. No purchase or market obligation; no costs assigned to power.

Sec. 205. Prohibition on tax-exempt financing.

Sec. 206. Reporting requirement.

Sec. 207. PayGo.

Sec. 208. Limitation on the use of funds.

Title III—Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act

Sec. 301. Short title.

Sec. 302. Definitions.

Sec. 303. Findings; purpose.

Sec. 304. Selections in southeast Alaska.

Sec. 305. Conveyances to Sealaska.

Sec. 306. Miscellaneous.

Sec. 307. Maps.

Title IV—San Antonio Missions National Historical Park Boundary Expansion Act

Sec. 401. Short title.

Sec. 402. Findings.

Sec. 403. Boundary expansion.

Title V—Waco Mammoth National Monument Establishment Act of 2012

Sec. 501. Short title.

Sec. 502. Findings.

Sec. 503. Definitions.

Sec. 504. Waco Mammoth National Monument, Texas.

Sec. 505. Administration of monument.

Sec. 506. No buffer zones.

Title VI—North Cascades National Park Access

Sec. 601. Findings.

Sec. 602. Authorization for boundary adjustments.

Title VII—Endangered Salmon and Fisheries Predation Prevention Act

Sec. 701. Short title.

Sec. 702. Findings.

Sec. 703. Taking of sea lions on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species.

Sec. 704. Sense of Congress.

Sec. 705. Treaty rights of federally recognized Indian tribes.

Title VIII—Reauthorization of Herger-Feinstein Quincy Library Group Forest Recovery Act

Sec. 801. Reauthorization of Herger-Feinstein Quincy Library Group Forest Recovery Act.

Title IX—Yerington Land Conveyance and Sustainable Development Act

Sec. 901. Short title.

Sec. 902. Findings.

Sec. 903. Definitions.

Sec. 904. Conveyances of land to City of Yerington, Nevada.

Sec. 905. Release of the United States.

Title X—Preserving Access to Cape Hatteras National Seashore Recreational Area Act

Sec. 1001. Short title.

Sec. 1002. Reinstatement of Interim Management Strategy.

Sec. 1003. Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection.

Sec. 1004. Inapplicability of final rule and consent degree.

Title XI—Grazing Improvement Act of 2012

Sec. 1101. Short title.

Sec. 1102. Terms of grazing permits and leases.

Sec. 1103. Renewal, transfer, and reissuance of grazing permits and leases.

Title XII—Target Practice and Marksmanship Training Support Act

Sec. 1201. Short title.

Sec. 1202. Findings; purpose.

Sec. 1203. Definition of public target range.

Sec. 1204. Amendments to Pittman-Robertson Wildlife Restoration Act.

Sec. 1205. Limits on liability.

Sec. 1206. Sense of Congress regarding cooperation.

Title XIII—Chesapeake Bay Accountability and Recovery Act of 2012

Sec. 1301. Short title.

Sec. 1302. Chesapeake Bay Crosscut Budget.

Sec. 1303. Adaptive Management Plan.

Sec. 1304. Independent Evaluator for the Chesapeake Bay Program.

Sec. 1305. Definitions.

Title XIV—National Security and Federal Lands Protection Act

Sec. 1401. Waiver of Federal laws with respect to border security actions on Department of the Interior and Department of Agriculture lands.

I

Lower Merced River

101.

Lower Merced River

(a)

Wild and Scenic Rivers Act

Section 3(a)(62)(B)(i) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(62)) is amended—

(1)

by striking the normal maximum the first place that it appears and all that follows through April, 1990. and inserting the following: the boundary of FERC Project No. 2179 as it existed on July 18, 2011, consisting of a point approximately 2,480 feet downstream of the confluence with the North Fork of the Merced River, consisting of approximately 7.4 miles.; and

(2)

by striking the normal maximum operating pool water surface level of Lake McClure the second time that it occurs and inserting the boundary of FERC Project No. 2179 as it existed on July 18, 2011, consisting of a point approximately 2,480 feet downstream of the confluence with the North Fork of the Merced River.

(b)

Exchequer project

Section 3 of Public Law 102–432 is amended by striking Act: and all that follows through the period and inserting Act..

II

Bonneville Unit Clean Hydropower Facilitation Act

201.

Short title

This title may be cited as the Bonneville Unit Clean Hydropower Facilitation Act.

202.

Diamond Fork System defined

For the purposes of this title, the term Diamond Fork System means the facilities described in chapter 4 of the October 2004 Supplement to the 1988 Definite Plan Report for the Bonneville Unit.

203.

Cost allocations

Notwithstanding any other provision of law, in order to facilitate hydropower development on the Diamond Fork System, the amount of reimbursable costs allocated to project power in Chapter 6 of the Power Appendix in the October 2004 Supplement to the 1988 Bonneville Unit Definite Plan Report, with regard to power development upstream of the Diamond Fork System, shall be considered final costs as well as costs in excess of the total maximum repayment obligation as defined in section 211 of the Central Utah Project Completion Act of 1992 (Public Law 102–575), and shall be subject to the same terms and conditions.

204.

No purchase or market obligation; no costs assigned to power

Nothing in this title shall obligate the Western Area Power Administration to purchase or market any of the power produced by the Diamond Fork power plant and none of the costs associated with development of transmission facilities to transmit power from the Diamond Fork power plant shall be assigned to power for the purpose of Colorado River Storage Project ratemaking.

205.

Prohibition on tax-exempt financing

No facility for the generation or transmission of hydroelectric power on the Diamond Fork System may be financed or refinanced, in whole or in part, with proceeds of any obligation—

(1)

the interest on which is exempt from the tax imposed under chapter 1 of the Internal Revenue Code of 1986; or

(2)

with respect to which credit is allowable under subpart I or J of part IV of subchapter A of chapter 1 of such Code.

206.

Reporting requirement

If, 24 months after the date of the enactment of this title, hydropower production on the Diamond Fork System has not commenced, the Secretary of the Interior shall submit a report to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate stating this fact, the reasons such production has not yet commenced, and a detailed timeline for future hydropower production.

207.

PayGo

The budgetary effects of this title, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this title, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.

208.

Limitation on the use of funds

The authority under the provisions of section 301 of the Hoover Power Plant Act of 1984 (Public Law 98–381; 42 U.S.C. 16421a) shall not be used to fund any study or construction of transmission facilities developed as a result of this title.

III

Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act

301.

Short title

This title may be cited as the Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act.

302.

Definitions

In this title:

(1)

Conservation system unit

The term conservation system unit has the meaning given the term in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102).

(2)

Sealaska

The term Sealaska means the Sealaska Corporation, a Regional Native Corporation created under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(3)

Secretary

The term Secretary means the Secretary of the Interior.

303.

Findings; purpose

(a)

Findings

Congress finds that—

(1)
(A)

in 1971, Congress enacted the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to recognize and settle the aboriginal claims of Alaska Natives to land historically used by Alaska Natives for traditional, cultural, and spiritual purposes; and

(B)

that Act declared that the land settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives;

(2)

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)—

(A)

authorized the distribution of approximately $1,000,000,000 and 44,000,000 acres of land to Alaska Natives; and

(B)

provided for the establishment of Native Corporations to receive and manage the funds and that land to meet the cultural, social, and economic needs of Native shareholders;

(3)

under section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611), each Regional Corporation, other than Sealaska (the Regional Corporation for southeast Alaska), was authorized to receive a share of land based on the proportion that the number of Alaska Native shareholders residing in the region of the Regional Corporation bore to the total number of Alaska Native shareholders, or the relative size of the area to which the Regional Corporation had an aboriginal land claim bore to the size of the area to which all Regional Corporations had aboriginal land claims;

(4)
(A)

Sealaska, the Regional Corporation for southeast Alaska, 1 of the Regional Corporations with the largest number of Alaska Native shareholders, with more than 21 percent of all original Alaska Native shareholders, received less than 1 percent of the lands set aside for Alaska Natives, and received no land under section 12 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611);

(B)

the Tlingit and Haida Indian Tribes of Alaska was 1 of the entities representing the Alaska Natives of southeast Alaska before the date of enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and

(C)

Sealaska did not receive land in proportion to the number of Alaska Native shareholders, or in proportion to the size of the area to which Sealaska had an aboriginal land claim, in part because of a United States Court of Claims cash settlement to the Tlingit and Haida Indian Tribes of Alaska in 1968 for land previously taken to create the Tongass National Forest and Glacier Bay National Monument;

(5)

the 1968 Court of Claims cash settlement of $7,500,000 did not—

(A)

adequately compensate the Alaska Natives of southeast Alaska for the significant quantity of land and resources lost as a result of the creation of the Tongass National Forest and Glacier Bay National Monument or other losses of land and resources; or

(B)

justify the significant disparate treatment of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1611) in 1971;

(6)
(A)

while each other Regional Corporation received a significant quantity of land under sections 12 and 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1611, 1613), Sealaska only received land under section 14(h) of that Act (43 U.S.C. 1613(h));

(B)

section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) authorized the Secretary to withdraw and convey 2,000,000-acres of unreserved and unappropriated public lands in Alaska from which Alaska Native selections could be made for historic sites, cemetery sites, Urban Corporation land, Native group land, and Native Allotments;

(C)

under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), after selections are made under paragraphs (1) through (7) of that section, the land remaining in the 2,000,000-acre land pool is allocated based on the proportion that the original Alaska Native shareholder population of a Regional Corporation bore to the original Alaska Native shareholder population of all Regional Corporations;

(D)

the only Native land entitlement of Sealaska derives from a proportion of leftover land remaining from the 2,000,000-acre land pool, estimated as of the date of enactment of this Act at approximately 1,700,000 acres;

(E)

because at the time of enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) all public land in the Tongass National Forest had been reserved for purposes of creating the national forest, the Secretary was not able to withdraw any public land in the Tongass National Forest for selection by and conveyance to Sealaska;

(F)

at the time of enactment of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) other public lands in southeast Alaska not located in the Tongass National Forest were not suitable for selection by and conveyance to Sealaska because such lands were located in Glacier Bay National Monument, were included in a withdrawal effected pursuant to section 17(d)(2) of that Act (43 U.S.C. 1616(d)(2)) and slated to become part of the Wrangell-St. Elias National Park, or essentially consisted of mountain tops;

(G)

Sealaska in 1975 requested that Congress amend the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) to permit the Regional Corporation to select lands inside of the withdrawal areas established for southeast Alaska Native villages under section 16 of that Act (43 U.S.C. 1615); and

(H)

in 1976, Congress amended section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) to allow Sealaska to select lands under section 14(h)(8) of that Act (43 U.S.C. 1613(h)(8)) from land located inside, rather than outside, the withdrawal areas established for southeast Alaska Native villages;

(7)

the 10 Alaska Native village withdrawal areas in southeast Alaska surround the Alaska Native communities of Yakutat, Hoonah, Angoon, Kake, Kasaan, Klawock, Craig, Hydaburg, Klukwan, and Saxman;

(8)
(A)

the existing conveyance requirements of the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) for southeast Alaska limit the land eligible for conveyance to Sealaska to the original withdrawal areas surrounding 10 Alaska Native villages in southeast Alaska, which precludes Sealaska from selecting land located—

(i)

in any withdrawal area established for the Urban Corporations for Sitka and Juneau, Alaska; or

(ii)

outside the 10 Alaska Native village withdrawal areas; and

(B)

unlike other Regional Corporations, Sealaska is not authorized to request land located outside the withdrawal areas described in subparagraph (A) if the withdrawal areas are insufficient to complete the land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(9)
(A)

the deadline for applications for selection of cemetery sites and historic places on land outside withdrawal areas established under section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) was July 1, 1976;

(B)
(i)

as of that date, the Bureau of Land Management notified Sealaska that the total entitlement of Sealaska would be approximately 200,000 acres; and

(ii)

Sealaska made entitlement allocation decisions for cultural sites and economic development sites based on that original estimate; and

(C)

as a result of the Alaska Land Transfer Acceleration Act (Public Law 108–452; 118 Stat. 3575) and subsequent related determinations and actions of the Bureau of Land Management, it became clear within the last decade that Sealaska will receive significantly more than 200,000 acres pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(10)

in light of the revised Bureau of Land Management estimate of the total number of acres that Sealaska will receive pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), and in consultation with Members of Alaska's congressional delegation, Sealaska and its shareholders believe that it is appropriate to allocate more of the entitlement of Sealaska to—

(A)

the acquisition of places of sacred, cultural, traditional, and historical significance;

(B)

the acquisition of sites with traditional and recreational use value and sites suitable for renewable energy development; and

(C)

the acquisition of lands that are not within the watersheds of Native and non-Native communities and are suitable economically and environmentally for natural resource development;

(11)
(A)

pursuant to section 11(a)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1610(a)(1)), Sealaska was not authorized to select under section 14(h)(1) of that Act (43 U.S.C. 1613(h)(1)) any site within Glacier Bay National Park, despite the abundance of cultural sites within that Park;

(B)

Sealaska seeks cooperative agreements to ensure that cultural sites within Glacier Bay National Park are subject to cooperative management by Sealaska, Village and Urban Corporations, and federally recognized tribes with ties to the cultural sites and history of the Park; and

(C)

Congress recognizes that there is an existing Memorandum of Understanding (MOU) between the Park Service and the Hoonah Indian Association, and does not intend to circumvent the MOU; rather the intent is to ensure that this and similar mechanisms for cooperative management in Glacier Bay are required by law;

(12)
(A)

the cemetery sites and historic places conveyed to Sealaska pursuant to section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) are subject to a restrictive covenant not required by the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that hinders the ability of Sealaska to use the sites for cultural, educational, or research purposes for Alaska Natives and others;

(B)

historic sites managed by the Forest Service are not subject to the limitations referred to in subparagraph (A); and

(C)

Alaska Natives of southeast Alaska should be permitted to use cemetery sites and historic places in a manner that is—

(i)

consistent with the sacred, cultural, traditional, or historic nature of the site; and

(ii)

not inconsistent with the management plans for adjacent public land;

(13)

44 percent (820,000 acres) of the 10 Alaska Native village withdrawal areas established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) described in paragraphs (7) and (8) are composed of salt water and not available for selection;

(14)

of land subject to the selection rights of Sealaska, 110,000 acres are encumbered by gubernatorial consent requirements under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.);

(15)

in each withdrawal area, there exist factors that limit the ability of Sealaska to select sufficient land, and, in particular, economically viable land, to fulfill the land entitlement of Sealaska, including factors such as—

(A)

with respect to the Yakutat withdrawal area—

(i)

46 percent of the area is salt water;

(ii)

10 sections (6,400 acres) around the Situk Lake were restricted from selection, with no consideration provided for the restriction; and

(iii)
(I)

70,000 acres are subject to a gubernatorial consent requirement before selection; and

(II)

Sealaska received no consideration with respect to the consent restriction;

(B)

with respect to the Hoonah withdrawal area, 51 percent of the area is salt water;

(C)

with respect to the Angoon withdrawal area—

(i)

120,000 acres of the area is salt water;

(ii)

Sealaska received no consideration regarding the prohibition on selecting land from the 80,000 acres located within the Admiralty Island National Monument; and

(iii)
(I)

the Village Corporation for Angoon was allowed to select land located outside the withdrawal area on Prince of Wales Island, subject to the condition that the Village Corporation shall not select land located on Admiralty Island; but

(II)

no alternative land adjacent to the out-of-withdrawal land of the Village Corporation was made available for selection by Sealaska;

(D)

with respect to the Kake withdrawal area—

(i)

64 percent of the area is salt water; and

(ii)

extensive timber harvesting by the Forest Service occurred in the area before 1971 that significantly reduced the value of land available for selection by, and conveyance to, Sealaska;

(E)

with respect to the Kasaan withdrawal area—

(i)

54 percent of the area is salt water; and

(ii)

the Forest Service previously harvested in the area;

(F)

with respect to the Klawock withdrawal area—

(i)

the area consists of only 5 townships, as compared to the usual withdrawal area of 9 townships, because of the proximity of the Klawock withdrawal area to the Village of Craig, which reduces the selection area by 92,160 acres; and

(ii)

the Klawock and Craig withdrawal areas are 35 percent salt water;

(G)

with respect to the Craig withdrawal area, the withdrawal area consists of only 6 townships, as compared to the usual withdrawal area of 9 townships, because of the proximity of the Craig withdrawal area to the Village of Klawock, which reduces the selection area by 69,120 acres;

(H)

with respect to the Hydaburg withdrawal area—

(i)

36 percent of the area is salt water; and

(ii)

Sealaska received no consideration under the Haida Land Exchange Act of 1986 (Public Law No. 99–664; 100 Stat. 4303) for relinquishing selection rights to land within the withdrawal area that the Haida Corporation exchanged to the Forest Service;

(I)

with respect to the Klukwan withdrawal area—

(i)

27 percent of the area is salt water; and

(ii)

the withdrawal area is only 70,000 acres, as compared to the usual withdrawal area of 207,360 acres, which reduces the selection area by 137,360 acres; and

(J)

with respect to the Saxman withdrawal area—

(i)

29 percent of the area is salt water;

(ii)

Sealaska received no consideration for the 50,576 acres within the withdrawal area adjacent to the first-class city of Ketchikan that were excluded from selection;

(iii)

Sealaska received no consideration with respect to the 1977 amendment to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) requiring gubernatorial consent for selection of 58,000 acres in that area; and

(iv)

23,888 acres are located within the Annette Island Indian Reservation for the Metlakatla Indian Tribe and are not available for selection;

(16)

the selection limitations and guidelines applicable to Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)—

(A)

are inequitable and inconsistent with the purposes of that Act because there is insufficient land remaining in the withdrawal areas to meet the traditional, cultural, and socioeconomic needs of the shareholders of Sealaska; and

(B)

make it difficult for Sealaska to select—

(i)

places of sacred, cultural, traditional, and historical significance;

(ii)

sites with traditional and recreation use value and sites suitable for renewable energy development; and

(iii)

lands that meet the real economic needs of the shareholders of Sealaska;

(17)

unless Sealaska is allowed to select land outside designated withdrawal areas in southeast Alaska, Sealaska will not be able to—

(A)

complete the land entitlement selections of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) in a manner that meets the cultural, social, and economic needs of Native shareholders;

(B)

avoid land selections in watersheds that are the exclusive drinking water supply for regional communities, support world class salmon streams, have been identified as important habitat, or would otherwise be managed by the Forest Service as roadless and old growth forest reserves;

(C)

secure ownership of places of sacred, cultural, traditional, and historical importance to the Alaska Natives of southeast Alaska; and

(D)

continue to support forestry jobs and economic opportunities for Alaska Natives and other residents of rural southeast Alaska;

(18)
(A)

the rate of unemployment in southeast Alaska exceeds the statewide rate of unemployment on a non-seasonally adjusted basis;

(B)

in January 2011, the Alaska Department of Labor and Workforce Development reported the unemployment rate for the Prince of Wales—Outer Ketchikan census area at approximately 16.2 percent;

(C)

in October 2007, the Alaska Department of Labor and Workforce Development projected population losses between 1996 and 2030 for the Prince of Wales—Outer Ketchikan census area at 56.6 percent;

(D)

official unemployment rates severely underreport the actual level of regional unemployment, particularly in Native villages; and

(E)

additional job losses will exacerbate outmigration from Native and non-Native communities in southeast Alaska;

(19)

Sealaska has played, and is expected to continue to play, a significant role in the health of the southeast Alaska economy;

(20)

despite the small land base of Sealaska as compared to other Regional Corporations (less than 1 percent of the total quantity of land allocated pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)), Sealaska has—

(A)

provided considerable benefits to Alaska Native shareholders;

(B)

supported hundreds of jobs for Alaska Native shareholders and non-shareholders in southeast Alaska for more than 30 years; and

(C)

been a significant economic force in southeast Alaska;

(21)

pursuant to the revenue sharing provisions of section 7(i) of the Alaska Native Claims Settlement Act (43 U.S.C. 1606(i)), Sealaska has distributed more than $300,000,000 during the period beginning on January 1, 1971, and ending on December 31, 2005, to Native Corporations throughout the State of Alaska from the development of natural resources, which accounts for 42 percent of the total revenues shared under that section during that period;

(22)

resource development operations maintained by Sealaska—

(A)

support hundreds of jobs in the southeast Alaska region;

(B)

make timber available to local and domestic sawmills and other wood products businesses such as guitar manufacturers;

(C)

support firewood programs for local communities;

(D)

support maintenance of roads utilized by local communities for subsistence and recreation uses;

(E)

support development of new biomass energy opportunities in southeast Alaska, reducing dependence on high-cost diesel fuel for the generation of energy;

(F)

provide start-up capital for innovative business models in southeast Alaska that create new opportunities for non-timber economic development in the region, including support for renewable biomass initiatives, Alaska Native artisans, and rural mariculture farming; and

(G)

support Native education and cultural and language preservation activities;

(23)

if the resource development operations of Sealaska cease on land appropriate for those operations, there will be a significant negative impact on—

(A)

southeast Alaska Native shareholders;

(B)

the cultural preservation activities of Sealaska;

(C)

the economy of southeast Alaska; and

(D)

the Alaska Native community that benefits from the revenue-sharing requirements under the Alaska Native claims Settlement Act (43 U.S.C. 1601 et seq.);

(24)

it is critical that the remaining land entitlement conveyances to Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) are fulfilled to continue to meet the economic, social, and cultural needs of the Alaska Native shareholders of southeast Alaska and the Alaska Native community throughout Alaska;

(25)

in order to realize cultural preservation goals while also diversifying economic opportunities, Sealaska should be authorized to select and receive conveyance of—

(A)

sacred, cultural, traditional, and historic sites and other places of traditional cultural significance, including traditional and customary trade and migration routes, to facilitate the perpetuation and preservation of Alaska Native culture and history;

(B)

other sites with traditional and recreation use value and sites suitable for renewable energy development to facilitate appropriate tourism and outdoor recreation enterprises and renewable energy development for rural southeast Alaska communities; and

(C)

lands that are suitable economically and environmentally for natural resource development;

(26)

on completion of the conveyances of land of Sealaska to fulfill the full land entitlement of Sealaska under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.), the encumbrances on 327,000 acres of Federal land created by the withdrawal of land for selection by Native Corporations in southeast Alaska should be removed, which will facilitate thorough and complete planning and efficient management relating to national forest land in southeast Alaska by the Forest Service;

(27)

although the Tribal Forest Protection Act (25 U.S.C. 3101 note; Public Law 108–278) defines the term Indian tribe to include Indian tribes under section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b), a term which includes any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act * * *, the Tribal Forest Protection Act does not define the term Indian forest land or rangeland to include lands owned by Alaska Native Corporations, including Sealaska, which are the primary Indian forest land owners in Alaska, and therefore, the Tribal Forest Protection Act should be amended in a manner that will—

(A)

permit Native Corporations, including Sealaska, as Indian forest land owners in Alaska, to work with the Secretary of Agriculture under the Tribal Forest Protection Act to address forest fire and insect infestation issues, including the spread of the spruce bark beetle in southeast and southcentral Alaska, which threaten the health of the Native forestlands; and

(B)

ensure that Native Corporations, including Sealaska, can participate in programs administered by the Secretary of Agriculture under the Tribal Forest Protection Act without including Native Corporations under the definition in that Act of Indian forest land or rangeland or otherwise amending that Act in a manner that validates, invalidates, or otherwise affects any claim regarding the existence of Indian country in the State of Alaska; and

(28)

the National Historic Preservation Act (16 U.S.C. 470 et seq.) defines the term Indian tribe to include any Native village, Regional Corporation or Village Corporation, as those terms are defined in section 3 of the Alaska Native Claims Settlement Act but does not define the term Tribal lands to include lands owned by Alaska Native Corporations, thereby excluding from the National Historic Preservation Act cemetery sites and historical places transferred to Native Corporations, including Sealaska, pursuant to the Alaska Native Claims Settlement Act, and therefore, the National Historic Preservation Act should be amended in a manner that will—

(A)

permit Native Corporations, including Sealaska, as owners of Indian cemetery sites and historical places in Alaska, to work with the Secretary of the Interior under the National Historic Preservation Act to secure grants and other support to manage their own historic sites and programs pursuant to that Act; and

(B)

ensure that Native Corporations, including Sealaska, can participate in programs administered by the Secretary of the Interior under the National Historic Preservation Act without including Native Corporations under the definition in that Act of Tribal lands or otherwise amending that Act in a manner that validates, invalidates, or otherwise affects any claim regarding the existence of Indian country in the State of Alaska.

(b)

Purpose

The purpose of this title is to address the inequitable treatment of Sealaska by allowing Sealaska to select the remaining land entitlement of Sealaska under section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) from designated Federal land in southeast Alaska located outside the 10 southeast Alaska Native village withdrawal areas in a manner that meets the cultural, social, and economic needs of Native shareholders, including the need to maintain jobs supported by Sealaska in rural southeast Alaska communities.

304.

Selections in southeast Alaska

(a)

Selection by Sealaska

(1)

In general

Notwithstanding section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), Sealaska is authorized to select and receive conveyance of the remaining land entitlement of Sealaska under that Act (43 U.S.C. 1601 et seq.) from Federal land located in southeast Alaska from each category described in subsections (b) and (c).

(2)

Treatment of land conveyed

Land conveyed pursuant to this title are to be treated as land conveyed pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) subject to, but not limited to—

(A)

reservation of public easements across land pursuant to section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));

(B)

valid existing rights pursuant to section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); and

(C)

the land bank protections of section 907(d) of the Alaska National Interest and Lands Conservation Act (43 U.S.C. 1636(d)).

(b)

Withdrawal of land

The following public land is withdrawn, subject to valid existing rights, from all forms of appropriation under public land laws, including the mining and mineral leasing laws, and from selection under the Act of July 7, 1958 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21; Public Law 85–508), and shall be available for selection by and conveyance to Sealaska to complete the remaining land entitlement of Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)):

(1)

Land identified on the maps dated February 1, 2011, and labeled Attachment A (Maps 1 through 8).

(2)

Sites with traditional, recreational, and renewable energy use value, as identified on the map entitled Sites with Traditional, Recreational, and Renewable Energy Use Value, dated February 1, 2011, and labeled Attachment D, subject to the condition that not more than 5,000 acres shall be selected for those purposes.

(3)

Sites identified on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C, which includes an identification of—

(A)

a conveyance of land 25 feet in width, together with 1-acre sites at each terminus and at 8 locations along the route, with the route, location, and boundaries of the conveyance described on the map inset entitled Yakutat to Dry Bay Trade and Migration Route on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C;

(B)

a conveyance of land 25 feet in width, together with 1-acre sites at each terminus, with the route, location, and boundaries of the conveyance described on the map inset entitled Bay of Pillars to Port Camden Trade and Migration Route on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C; and

(C)

a conveyance of land 25 feet in width, together with 1-acre sites at each terminus, with the route, location, and boundaries of the conveyance described on the map inset entitled Portage Bay to Duncan Canal Trade and Migration Route on the map entitled Traditional and Customary Trade and Migration Routes, dated February 1, 2011, and labeled Attachment C.

(c)

Sites with sacred, cultural, traditional, or historic significance

Subject to the criteria and procedures applicable to land selected pursuant to section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) and set forth in the regulations promulgated at section 2653.5 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), except as otherwise provided in this title—

(1)

Sealaska shall have a right to identify up to 3,600 acres of sites with sacred, cultural, traditional, or historic significance, including archeological sites, cultural landscapes, and natural features having cultural significance; and

(2)

on identification of the land by Sealaska under paragraph (1), the identified land shall be—

(A)

withdrawn, subject to valid existing rights, from all forms of appropriation under public land laws, including the mining and mineral leasing laws, and from selection under the Act of July 7, 1958 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21; Public Law 85–508); and

(B)

available for selection by and conveyance to Sealaska to complete the remaining land entitlement of Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) subject to the conditions that—

(i)

no sites with sacred, cultural, traditional, or historic significance may be selected from within a unit of the National Park System; and

(ii)

beginning on the date that is 15 years after the date of enactment of this Act, Sealaska shall be limited to identifying not more than 360 acres of sites with sacred, cultural, traditional, or historic significance under this subsection.

(d)

Forest development roads

Sealaska shall receive from the United States, subject to all necessary State and Federal permits, nonexclusive easements to Sealaska to allow—

(1)

access on the forest development road and use of the log transfer site identified in paragraphs (3)(b), (3)(c) and (3)(d) of the patent numbered 50–85–0112 and dated January 4, 1985;

(2)

access on the forest development road identified in paragraphs (2)(a) and (2)(b) of the patent numbered 50–92–0203 and dated February 24, 1992;

(3)

access on the forest development road identified in paragraph (2)(a) of the patent numbered 50–94–0046 and dated December 17, 1993;

(4)

access on the forest development roads and use of the log transfer facilities identified on the maps dated February 1, 2011, and labeled Attachment A (Maps 1 through 8);

(5)

a reservation of a right to construct a new road to connect to existing forest development roads as generally identified on the maps identified in paragraph (4); and

(6)

access to and reservation of a right to construct a new log transfer facility and log storage area at the location identified on the maps identified in paragraph (4).

305.

Conveyances to Sealaska

(a)

Timeline for Conveyance

(1)

In general

Subject to paragraphs (2), (3), and (4), the Secretary shall work with Sealaska to develop a mutually agreeable schedule to complete the conveyance of land to Sealaska under this title.

(2)

Final priorities

Consistent with the provisions of section 403 of the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108–452), not later than 18 months after the date of enactment of this Act, Sealaska shall submit to the Secretary the final, irrevocable priorities for selection of land withdrawn under section 304(b)(1).

(3)

Substantial completion required

Not later than two years after the date of selection by Sealaska of land withdrawn under section 304(b)(1), the Secretary shall substantially complete the conveyance of the land to Sealaska under this title.

(4)

Effect

Nothing in this title shall interfere with or cause any delay in the duty of the Secretary to convey land to the State of Alaska under section 6 of the Act of July 7, 1958 (commonly known as the Alaska Statehood Act) (48 U.S.C. note prec. 21; Public Law 85–508).

(b)

Expiration of Withdrawals

On completion of the selection by Sealaska and the conveyances to Sealaska of land under subsection (a) in a manner that is sufficient to fulfill the land entitlement of Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8))—

(1)

the right of Sealaska to receive any land under that Act from within a withdrawal area established under subsections (a) and (d) of section 16 of that Act shall be terminated;

(2)

the withdrawal areas set aside for selection by Native Corporations in southeast Alaska under subsections (a) and (d) of section 16 of that Act shall be rescinded; and

(3)

land located within a withdrawal area that is not conveyed to Sealaska or to a southeast Alaska Village Corporation or Urban Corporation shall be returned to the unencumbered management of the Forest Service as part of the Tongass National Forest.

(c)

Limitation

Sealaska shall not select or receive under this title any conveyance of land pursuant to paragraph (1) or (2) of section 304(b) located within any conservation system unit.

(d)

Applicable Easements and Public Access

(1)

In general

In addition to the reservation of public easements under section 304(a)(2)(A), the conveyance to Sealaska of land withdrawn pursuant to paragraphs (1) and (3) of section 304(b) that are located outside a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to—

(A)

a reservation for easements for public access on the public roads depicted on the maps dated February 1, 2011, and labeled Attachment A (Maps 1 through 8);

(B)

a reservation for easements for public access on the temporary roads designated by the Forest Service as of the date of the enactment of this Act for the public access trails depicted on the maps described in subparagraph (A); and

(C)

the right of noncommercial public access for subsistence uses, consistent with title VIII of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3111 et seq.), and recreational access, without liability to Sealaska, subject to—

(i)

the right of Sealaska to regulate access to ensure public safety, to protect cultural or scientific resources, and to provide environmental protection; and

(ii)

the condition that Sealaska shall post on any applicable property, in accordance with State law, notices of the conditions on use.

(2)

Sacred, cultural, traditional and historic sites

The conveyance to Sealaska of land withdrawn pursuant to section 304(c) that is located outside of a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to—

(A)

the right of public access across the conveyances where no reasonable alternative access around the land is available without liability to Sealaska; and

(B)

the right of Sealaska to regulate access across the conveyances to ensure public safety, to protect cultural or scientific resources, to provide environmental protection, or to prohibit activities incompatible with the use and enjoyment of the land by Sealaska, subject to the condition that Sealaska shall post on any applicable property, in accordance with State law, notices of any such condition.

(3)

Traditional and customary trade and migration routes

The conveyance to Sealaska of land withdrawn pursuant to section 304(b)(3) that is located outside of a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to a requirement that Sealaska provide public access across such linear conveyances if an adjacent landowner or the public has a legal right to use the adjacent private or public land.

(4)

Sites with traditional, recreational, and renewable energy use value

The conveyance to Sealaska of land withdrawn pursuant to section 304(b)(2) that is located outside of a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall be subject to—

(A)

the right of public access across the land without liability to Sealaska; and

(B)

the condition that public access across the land would not be unreasonably restricted or impaired.

(5)

Effect

No right of access provided to any individual or entity (other than Sealaska) by this subsection—

(A)

creates any interest, other than an interest retained by the United States, of such an individual or entity in the land conveyed to Sealaska in excess of that right of access; or

(B)

provides standing in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the applicable land.

(e)

Conditions on sacred, cultural, and historic sites and traditional and customary trade and migration routes

The conveyance to Sealaska of land withdrawn pursuant to sections 304(b)(3) and 304(c)—

(1)

shall be subject to a covenant prohibiting any commercial timber harvest or mineral development on the land;

(2)

shall allow use of the land as described in subsection (f); and

(3)

shall not be subject to any additional restrictive covenant based on cultural or historic values, or any other restriction, encumbrance, or easement, except as provided in sections 14(g) and 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g) and 1616(b)).

(f)

Uses of sacred, cultural, traditional, and historic sites and traditional and customary trade and migration routes

Any land conveyed to Sealaska from land withdrawn pursuant to sections 304(b)(3) and 304(c) may be used for—

(1)

preservation of cultural knowledge and traditions associated with the site;

(2)

historical, cultural, and scientific research and education;

(3)

public interpretation and education regarding the cultural significance of the site to Alaska Natives;

(4)

protection and management of the site to preserve the natural and cultural features of the site, including cultural traditions, values, songs, stories, names, crests, and clan usage, for the benefit of future generations; and

(5)

site improvement activities for any purpose described in paragraphs (1) through (4), subject to the condition that the activities—

(A)

are consistent with the sacred, cultural, traditional, or historic nature of the site; and

(B)

are not inconsistent with the management plans for adjacent public land.

(g)

Termination of restrictive covenants

(1)

In general

Each restrictive covenant regarding cultural or historical values with respect to any interim conveyance or patent for a historic or cemetery site issued to Sealaska pursuant to the Federal regulations contained in sections 2653.5(a) and 2653.11 of title 43, Code of Federal Regulations (as in effect on the date of enactment of this Act), in accordance with section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), terminates as a matter of law on the date of enactment of this Act.

(2)

Remaining conditions

Land subject to a covenant described in paragraph (1) on the day before the date of enactment of this Act shall be subject to the conditions described in subsection (e).

(3)

Records

Sealaska shall be responsible for recording with the land title recorders office of the State of Alaska any modification to an existing conveyance of land under section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)) as a result of this title.

(h)

Conditions on sites with traditional, recreational, and renewable energy use value

Each conveyance of land to Sealaska from land withdrawn pursuant to section 304(b)(2) shall be subject to a covenant prohibiting any commercial timber harvest or mineral development.

(i)

Escrow funds for withdrawn land

On the withdrawal by this title of land identified for selection by Sealaska, the escrow requirements of section 2 of Public Law 94–204 (43 U.S.C. 1613 note), shall thereafter apply to the withdrawn land.

(j)

Guiding and outfitting special use permits or authorizations

(1)

In general

Consistent with the provisions of section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), except as modified herein, on land conveyed to Sealaska from land withdrawn pursuant to sections 304(b)(1) and 304(b)(2), an existing holder of a guiding or outfitting special use permit or authorization issued by the Forest Service shall be entitled to its rights and privileges on the land for the remaining term of the permit, as of the date of conveyance to Sealaska, and for 1 subsequent 10-year renewal of the permit, subject to the condition that the rights shall be considered a valid existing right reserved pursuant to section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), and shall be managed accordingly.

(2)

Notice of commercial activities

Sealaska, with respect to the holder of a guiding or outfitting special use permit or authorization under this subsection, and a permit holder referenced in this subsection, with respect to Sealaska, shall have an obligation to inform the other party of their respective commercial activities before engaging in the activities on land, which has been conveyed to Sealaska under this title, subject to the permit or authorization.

(3)

Negotiation of new terms

Nothing in this subsection precludes Sealaska and a permit holder under this subsection from negotiating new mutually agreeable permit terms that supersede the requirements of—

(A)

this subsection;

(B)

section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)); or

(C)

any deed covenant.

(4)

Liability

Sealaska shall bear no liability regarding use and occupancy pursuant to special use permits or authorizations on land selected or conveyed pursuant to this title.

306.

Miscellaneous

(a)

Status of conveyed land

Each conveyance of Federal land to Sealaska pursuant to this title, and each Federal action carried out to achieve the purpose of this title, shall be considered to be conveyed or acted on, as applicable, pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.).

(b)

Environmental mitigation and incentives

Notwithstanding subsection (e) and (h) of section 305, all land conveyed to Sealaska pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and this title shall be considered to be qualified to receive or participate in, as applicable—

(1)

any federally authorized carbon sequestration program, ecological services program, or environmental mitigation credit; and

(2)

any other federally authorized environmental incentive credit or program.

(c)

No material effect on forest plan

(1)

In general

Except as required by paragraph (2), implementation of this title, including the conveyance of land to Sealaska, alone or in combination with any other factor, shall not require an amendment of, or revision to, the Tongass National Forest Land and Resources Management Plan before the first revision of that Plan scheduled to occur after the date of enactment of this Act.

(2)

Boundary adjustments

The Secretary of Agriculture shall implement any land ownership boundary adjustments to the Tongass National Forest Land and Resources Management Plan resulting from the implementation of this title through a technical amendment to that Plan.

(d)

Technical corrections

(1)

Tribal forest protection

Section 2 of the Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended by adding at the end a new subsection (h):

(h)
(1)

Land owned by an Alaska Native Corporation pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that is forest land or formerly had a forest cover or vegetative cover that is capable of restoration shall be eligible for agreements and contracts authorized under this Act and administered by the Secretary.

(2)

Nothing in this subsection validates, invalidates, or otherwise affects any claim regarding the existence of Indian country (as defined in section 1151 of title 18, United States Code) in the State of Alaska.

.

(2)

National historic preservation

Section 101(d) of the National Historic Preservation Act (16 U.S.C. 470a(d)), is amended by adding at the end a new paragraph (7):

(7)
(A)

Notwithstanding any other provision of law, an Alaska Native tribe, band, nation or other organized group or community, including a Native village, Regional Corporation, or Village Corporation, shall be eligible to participate in all programs administered by the Secretary under this Act on behalf of Indian tribes, including, but not limited to, securing grants and other support to manage their own historic preservation sites and programs on lands held by the Alaska Native tribe, band, nation or other organized group or community, including a Native village, Regional Corporation, or Village Corporation.

(B)

Nothing in this paragraph validates, invalidates, or otherwise affects any claim regarding the existence of Indian country (as defined in section 1151 of title 18, United States Code) in the State of Alaska.

.

(e)

Effect on entitlement

Nothing in this title shall have any effect upon the entitlement due to any Native Corporation, other than Sealaska, under—

(1)

the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or

(2)

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

307.

Maps

(a)

Availability

Each map referred to in this title shall be maintained on file in—

(1)

the office of the Chief of the Forest Service; and

(2)

the office of the Secretary.

(b)

Corrections

The Secretary or the Chief of the Forest Service may make any necessary correction to a clerical or typographical error in a map referred to in this title.

(c)

Treatment

No map referred to in this title shall be considered to be an attempt by the Federal Government to convey any State or private land.

IV

San Antonio Missions National Historical Park Boundary Expansion Act

401.

Short title

This title may be cited as the San Antonio Missions National Historical Park Boundary Expansion Act.

402.

Findings

Congress finds that—

(1)

the San Antonio Missions National Historical Park is important to understanding the history and development of the City of San Antonio, Bexar County, the State of Texas, and the United States;

(2)

understanding the connection between the San Antonio River and the San Antonio Missions is critical to understanding mission life in colonial Texas; and

(3)

the San Antonio Missions National Historical Park enjoys the strong support of the City of San Antonio, Bexar County, and their citizens and businesses.

403.

Boundary expansion

Section 201(a) of Public Law 95–629 (16 U.S.C. 410ee(a)) is amended—

(1)

by striking In order and inserting (1) In order;

(2)

by striking The park shall also and inserting (2) The park shall also;

(3)

by striking After advising the and inserting (5) After advising the;

(4)

by inserting after paragraph (2) (as so designated by paragraph (2) above) the following:

(3)

The boundary of the park is further modified to include approximately 137 acres, as depicted on the map titled San Antonio Missions National Historical Park Proposed Boundary Addition, numbered 472/113,006A, and dated June 2012. The map shall be on file and available for inspection in the appropriate offices of the National Park Service, U.S. Department of the Interior.

(4)

The Secretary may not acquire by condemnation any land or interest in land within the boundaries of the park. The Secretary is authorized to acquire land and interests in land that are within the boundaries of the park pursuant to paragraph (3) by donation or exchange only (and in the case of an exchange, no payment may be made by the Secretary to any landowner). No private property or non-Federal public property shall be included within the boundaries of the park without the written consent of the owner of such property. Nothing in this Act, the establishment of park, or the management plan of the park shall be construed to create buffer zones outside of the park. That an activity or use can be seen or heard from within the park shall not preclude the conduct of that activity or use outside the park.

.

V

Waco Mammoth National Monument Establishment Act of 2012

501.

Short title

This title may be cited as the Waco Mammoth National Monument Establishment Act of 2012.

502.

Findings

Congress finds that—

(1)

the Waco Mammoth Site area is located near the confluence of the Brazos River and the Bosque River in central Texas, near the city of Waco;

(2)

after the discovery of bones emerging from eroding creek banks leading to the uncovering of portions of 5 mammoths, Baylor University began investigating the site in 1978;

(3)

several additional mammoth remains have been uncovered making the site the largest known concentration of mammoths dying from the same event;

(4)

the mammoth discoveries have received international attention; and

(5)

Baylor University and the city of Waco, Texas, have been working together—

(A)

to protect the site; and

(B)

to develop further research and educational opportunities at the site.

503.

Definitions

In this title:

(1)

City

The term City means the city of Waco, Texas.

(2)

Management plan

The term management plan means the management plan for the Monument prepared under section 505(c)(1).

(3)

Map

The term map means the map entitled Proposed Boundary Waco-Mammoth National Monument, numbered T21/80,000, and dated April 2009.

(4)

Monument

The term Monument means the Waco Mammoth National Monument established by section 504(a).

(5)

Secretary

The term Secretary means the Secretary of the Interior.

(6)

State

The term State means the State of Texas.

(7)

University

The term University means Baylor University in the State.

504.

Waco Mammoth National Monument, Texas

(a)

Establishment

There is established in the State, as a unit of the National Park System, the Waco Mammoth National Monument, as generally depicted on the map.

(b)

Availability of map

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

505.

Administration of monument

(a)

In general

The Secretary shall administer the Monument in accordance with—

(1)

this title; and

(2)

any cooperative agreements entered into under subsection (b)(1).

(b)

Authorities of Secretary

(1)

Cooperative Agreements

The Secretary may enter into cooperative management agreements with the University and the City, in accordance with section 3(l) of Public Law 91–383 (16 U.S.C. 1a–2(l)).

(2)

Acquisition of land

The Secretary may acquire by donation only from the City any land or interest in land owned by the City within the proposed boundary of the Monument.

(c)

General Management plan

(1)

In general

Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with the University and the City, shall complete a general management plan for the Monument.

(2)

Inclusions

The management plan shall include, at a minimum—

(A)

measures for the preservation of the resources of the Monument;

(B)

requirements for the type and extent of development and use of the Monument;

(C)

identification of the capacity of the Monument for accommodating visitors; and

(D)

opportunities for involvement by the University, City, State, and other local and national entities in—

(i)

developing educational programs for the Monument; and

(ii)

developing and supporting the Monument.

(d)

Prohibition of use of Federal funds

No Federal funds may be used to pay the costs of—

(1)

carrying out a cooperative agreement under subsection (b)(1);

(2)

acquiring land for inclusion in the Monument under subsection (b)(2);

(3)

developing a visitor center for the Monument;

(4)

operating or maintaining the Monument;

(5)

constructing exhibits for the Monument; or

(6)

developing the general management plan under subsection (c).

(e)

Use of non-Federal funds

Non-Federal funds may be used to pay any costs that may be incurred by the Secretary or the National Park Service in carrying out this section.

(f)

Effect on eligibility for financial assistance

Nothing in this title affects the eligibility of the Monument for Federal grants or other forms of financial assistance that the Monument would have been eligible to apply for had National Park System status not been conferred to the Monument under this title.

(g)

Termination of national park system status

(1)

In general

Designation of the Monument as a unit of the National Park System shall terminate if the Secretary determines that Federal funds are required to operate and maintain the Monument.

(2)

Reversion

If the designation of the Monument as a unit of the National Park System is terminated under paragraph (1), any land acquired by the Secretary from the City under subsection (b)(2) shall revert to the City.

(h)

Private property protection

No private property may be made part of the Monument without the written consent of the owner of that private property.

506.

No buffer zones

Nothing in this title, the establishment of national monument, or the management plan shall be construed create buffer zones outside of the national monument. That an activity or use can be seen or heard from within the Monument shall not preclude the conduct of that activity or use outside the Monument.

VI

North Cascades National Park Access

601.

Findings

Congress finds as follows:

(1)

In 1988, 93 percent of the North Cascades National Park Complex was designated the Stephen Mather Wilderness.

(2)

A road corridor was deliberately excluded from the wilderness designation to provide for the continued use and maintenance of the upper Stehekin Valley Road.

(3)

The upper Stehekin Valley Road provides access to Stephen Mather Wilderness trailheads and North Cascades National Park from the Lake Chelan National Recreation Area.

(4)

Record flooding in 1995 and again in 2003 caused severe damage to the upper Stehekin Valley Road and led to the closure of a 9.9-mile section of the road between Car Wash Falls and Cottonwood Camp.

(5)

The National Park Service currently does not have the flexibility to rebuild the upper Stehekin Valley Road away from the Stehekin River due to the current location of the non-wilderness road corridor provided by Congress in 1988.

(6)

It is a high priority that the people of the United States, including families, the disabled, and the elderly, have reasonable access to the National Parks system and their public lands.

(7)

The 1995 Lake Chelan National Recreation Area General Management Plan calls for retaining vehicle access to Cottonwood Camp.

(8)

Tourism associated with the North Cascades National Park Complex is an important part of the economy for rural communities in the area.

(9)

Additional management flexibility would allow the National Park Service to consider retention of the upper Stehekin Valley Road in a manner that provides for no net loss of wilderness.

602.

Authorization for boundary adjustments

The Washington Park Wilderness Act of 1988 (Public Law 100–668) is amended by inserting after section 206 the following:

207.

Boundary adjustments for road

(a)

In general

The Secretary may adjust the boundaries of the North Cascades National Park and the Stephen Mather Wilderness in order to provide a corridor of not more than 100 feet in width along which the Stehekin Valley Road may be rebuilt—

(1)

outside of the floodplain between milepost 12.9 and milepost 22.8;

(2)

within one mile of the route, on the date of the enactment of this section, of the Stehekin Valley Road;

(3)

within the boundaries of the North Cascades National Park; and

(4)

outside of the boundaries of the Stephen Mather Wilderness.

(b)

No net loss of lands

(1)

In general

The boundary adjustments made under this section shall be such that equal amounts of federally owned acreage are exchanged between the Stephen Mather Wilderness and the North Cascades National Park, resulting in no net loss of acreage to either the Stephen Mather Wilderness or the North Cascades National Park.

(2)

Stehekin valley road lands

The newly designated wilderness shall include the lands along the route of the Stehekin Valley Road that are replaced by the reconstruction.

(3)

Equalization of land

If the lands described in paragraph (2) contain fewer acres than the corridor described in subsection (a), the Secretary may designate additional Federal lands in the North Cascades National Park as wilderness, but such designation may not exceed the amount needed to equalize the exchange and these additional lands must be selected from lands that qualify as wilderness under section 2(c) of the Wilderness Act (16 U.S.C. 1131(c)).

(c)

No sale or acquisition authorized

Nothing in this title authorizes the sale or acquisition of any land or interest in land.

(d)

No priority required

Nothing in this title shall be construed as requiring the Secretary to give this project precedence over the construction or repair of other similarly damaged roads in units of the National Park System.

.

VII

Endangered Salmon and Fisheries Predation Prevention Act

701.

Short title

This title may be cited as the Endangered Salmon and Fisheries Predation Prevention Act .

702.

Findings

The Congress finds the following:

(1)

There are 13 groups of salmon and steelhead that are listed as threatened species or endangered species under the Endangered Species Act of 1973 that migrate through the lower Columbia River.

(2)

The people of the Northwest United States are united in their desire to restore healthy salmon and steelhead runs, as they are integral to the region’s culture and economy.

(3)

The Columbia River treaty tribes retain important rights with respect to salmon and steelhead.

(4)

Federal, State, and tribal governments have spent billions of dollars to assist the recovery of Columbia River salmon and steelhead populations.

(5)

One of the factors impacting salmonid populations is increased predation by marine mammals, including California sea lions.

(6)

The population of California sea lions has increased 6-fold over the last 3 decades, and is currently greater than 250,000 animals.

(7)

In recent years, more than 1,000 California sea lions have been foraging in the lower 145 miles of the Columbia River up to Bonneville Dam during the peak spring salmonid run before returning to the California coast to mate.

(8)

The percentage of the spring salmonid run that has been eaten or killed by California sea lions at Bonneville Dam has increased 7-fold since 2002.

(9)

In recent years, California sea lions have with greater frequency congregated near Bonneville Dam and have entered the fish ladders.

(10)

These California sea lions have not been responsive to extensive hazing methods employed near Bonneville Dam to discourage this behavior.

(11)

The process established under the 1994 amendment to the Marine Mammal Protection Act of 1972 to address aggressive sea lion behavior is protracted and will not work in a timely enough manner to protect threatened and endangered salmonids in the near term.

(12)

In the interest of protecting Columbia River threatened and endangered salmonids, a temporary expedited procedure is urgently needed to allow removal of the minimum number of California sea lions as is necessary to protect the passage of threatened and endangered salmonids in the Columbia River and its tributaries.

(13)

On December 21, 2010, the independent Pinniped-Fishery Interaction Task Force recommended lethally removing more of the California sea lions in 2011.

(14)

On August 18, 2011, the States of Washington, Oregon, and Idaho applied to the National Marine Fisheries Service, under section 120(b)(1)(A) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389(b)(1)(A)), for the lethal removal of sea lions that the States determined are having a significant negative impact on the recovery of Columbia River and Snake River salmon and steelhead.

(15)

On September 12, 2011, the National Marine Fisheries Service announced it was accepting the States’ application for lethal removal of sea lions and that it would reconvene the Pinniped-Fishery Interaction Task Force to consider the States’ application. This title will ensure the necessary authority for permits under the Marine Mammal Protection Act of 1972 to be issued in a timely fashion.

(16)

During a June 14, 2011, hearing, the Committee on Natural Resources of the House of Representatives received testimony from State and tribal witnesses expressing concern that significant pinniped predation of important Northwest fish resources other than salmonids is severely impacting fish stocks determined by both Federal and State fishery management agencies to be at low levels of abundance, and that this cannot be addressed by section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389), which as in effect before the enactment of this Act restricted control of predatory pinnipeds’ impact only with respect to endangered salmonids.

703.

Taking of sea lions on the Columbia River and its tributaries to protect endangered and threatened species of salmon and other nonlisted fish species

Section 120 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1389) is amended by striking subsection (f) and inserting the following:

(f)

Temporary marine mammal removal authority on the waters of the Columbia River or its tributaries

(1)

Removal authority

Notwithstanding any other provision of this Act, the Secretary may issue a permit to an eligible entity authorizing the intentional lethal taking on the waters of the Columbia River and its tributaries of sea lions that are part of a healthy population that is not listed as an endangered species or threatened species under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), to protect endangered and threatened species of salmon and other nonlisted fish species.

(2)

Permit process

(A)

In general

An eligible entity may apply to the Secretary for a permit under this subsection.

(B)

Deadline for consideration of application

The Secretary shall approve or deny an application for a permit under this subsection by not later than 30 days after receiving the application.

(C)

Duration of permit

A permit under this subsection shall be effective for no more than one year after the date it is issued, but may be renewed by the Secretary.

(3)

Limitations

(A)

Limitation on permit authority

Subject to subparagraph (B), a permit issued under this subsection shall not authorize the lethal taking of more than 10 sea lions during the duration of the permit.

(B)

Limitation on annual takings

The cumulative number of sea lions authorized to be taken each year under all permits in effect under this subsection shall not exceed one percent of the annual potential biological removal level.

(4)

Delegation of permit authority

Any eligible entity may delegate to any other eligible entity the authority to administer its permit authority under this subsection.

(5)

NEPA

Section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)) shall not apply with respect to this subsection and the issuance of any permit under this subsection during the 5-year period beginning on the date of the enactment of this subsection.

(6)

Suspension of permitting authority

If, 5 years after enactment, the Secretary, after consulting with State and tribal fishery managers, determines that lethal removal authority is no longer necessary to protect salmonid and other fish species from sea lion predation, may suspend the issuance of permits under this subsection.

(7)

Eligible entity defined

In this subsection, the term eligible entity means each of the State of Washington, the State of Oregon, the State of Idaho, the Nez Perce Tribe, the Confederated Tribes of the Umatilla Indian Reservation, the Confederated Tribes of the Warm Springs Reservation of Oregon, the Confederated Tribes and Bands of the Yakama Nation, and the Columbia River Inter-Tribal Fish Commission.

.

704.

Sense of Congress

It is the sense of the Congress that—

(1)

preventing predation by sea lions, recovery of listed salmonid stocks, and preventing future listings of fish stocks in the Columbia River is a vital priority;

(2)

permit holders exercising lethal removal authority pursuant to the amendment made by this title should be trained in wildlife management; and

(3)

the Federal Government should continue to fund lethal and nonlethal removal measures for preventing such predation.

705.

Treaty rights of federally recognized Indian tribes

Nothing in this title or the amendment made by this title shall be construed to affect or modify any treaty or other right of any federally recognized Indian tribe.

VIII

Reauthorization of Herger-Feinstein Quincy Library Group Forest Recovery Act

801.

Reauthorization of Herger-Feinstein Quincy Library Group Forest Recovery Act

(a)

Extension

Subsection (g) of the Herger-Feinstein Quincy Library Group Forest Recovery Act (title IV of the Department of the Interior and Related Agencies Appropriations Act, 1999, as contained in section 101(e) of division A of Public Law 105–277; 16 U.S.C. 2104 note) is amended to read as follows:

(g)

Term of pilot project

(1)

In general

The Secretary shall conduct the pilot project until the earlier of the following:

(A)

September 30, 2019.

(B)

The date on which the Secretary completes amendment or revision of the land and resource management plans for the National Forest System lands included in the pilot project area.

(2)

Forest plan amendments

When the Regional Forester for Region 5 initiates the process to amend or revise the land and resource management plans for the pilot project area, the process shall include preparation of at least one alternative that incorporates the pilot project and area designations under subsection (b), the resource management activities described in subsection (d), and other aspects of the Quincy Library Group Community Stability Proposal.

.

(b)

Expansion of pilot project area

Subsection (b) of the Herger-Feinstein Quincy Library Group Forest Recovery Act is amended by adding at the end the following new paragraph:

(3)

Expansion of pilot project area

The Secretary may expand the pilot project area to include all National Forest System lands within California or Nevada that lie within the Sierra Nevada and Cascade Province, Lake Tahoe Basin Management Unit, Humboldt-Toiyabe National Forest, and Inyo National Forest. These lands may be managed using the same strategy, guidelines and resource management activities outlined in this section or developed to meet local forest and community needs and conditions.

.

(c)

Roadless area protection

Subsection (c)(4) of the Herger-Feinstein Quincy Library Group Forest Recovery Act is amended by adding at the end the following new sentence: However, those areas designated as Deferred on the map, but located in Tehama County, south and west of Lassen Peak, are deemed to be designated as Available for Group Selection and shall be managed accordingly under subsection (d)..

(d)

Group selection requirement

Subparagraph (A) of subsection (d)(2) of the Herger-Feinstein Quincy Library Group Forest Recovery Act is amended to read as follows:

(A)

Group selection

After September 30, 2012, group selection on an average acreage of .57 percent of the pilot project area land shall occur each year of the pilot project.

.

(e)

Funding

Subsection (f) of the Herger-Feinstein Quincy Library Group Forest Recovery Act is amended by striking paragraph (6) and redesignating paragraph (7) as paragraph (6).

IX

Yerington Land Conveyance and Sustainable Development Act

901.

Short title

This title may be cited as the Yerington Land Conveyance and Sustainable Development Act.

902.

Findings

Congress finds that—

(1)

the city of Yerington, Nevada, which has an unemployment rate of 16 percent, has the highest unemployment rate in the State of Nevada;

(2)

for over 4 years, the city of Yerington and Lyon County, Nevada, have been working with private business partners to develop a sustainable development plan that would enable all parties to benefit from the use of private land adjacent to the city of Yerington for potential commercial and industrial development, mining activities, recreation opportunities, and the expansion of community and cultural events;

(3)

the sustainable development plan referred to in paragraph (2) requires the conveyance of certain Federal land administered by the Bureau of Land Management to the City for consideration in an amount equal to the fair market value of the Federal land;

(4)

the Federal land to be conveyed to the City under the sustainable development plan has very few environmental, historical, wildlife, or cultural resources of value to the public, but is appropriate for responsible development;

(5)

the Federal land that would be conveyed to the City under the sustainable development plan—

(A)

is adjacent to the boundaries of the City; and

(B)

would be used—

(i)

to enhance recreational, cultural, commercial, and industrial development opportunities in the City;

(ii)

for future economic development, regional use, and as an open space buffer to the City; and

(iii)

to allow the City to provide critical infrastructure services;

(6)

commercial and industrial development of the Federal land would enable the community to benefit from the transportation, power, and water infrastructure that would be put in place with the concurrent development of commercial and industrial operations;

(7)

the conveyance of the Federal land would—

(A)

help the City and County to grow; and

(B)

provide additional tax revenue to the City and County;

(8)

industrial and commercial development of the Federal land would create thousands of long-term, high-paying jobs for the City and County; and

(9)

the Lyon County Commission and the City unanimously approved resolutions in support of the conveyance of the Federal land because the conveyance would facilitate a sustainable model for long-term economic and industrial development.

903.

Definitions

In this title:

(1)

City

The term City means the city of Yerington, Nevada.

(2)

Federal land

The term Federal land means the land located in Lyon County and Mineral County, Nevada, that is identified on the map as City of Yerington Sustainable Development Conveyance Lands.

(3)

Map

The term map means the map entitled Yerington Land Conveyance and Sustainable Development Act and dated May 31, 2012.

(4)

Secretary

The term Secretary means the Secretary of the Interior.

904.

Conveyances of land to City of Yerington, Nevada

(a)

In general

Not later than 90 days after the date of enactment of this title, subject to valid existing rights, and 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), the Secretary shall convey to the City, subject to the City’s agreement and in exchange for consideration in an amount equal to the fair market value of the Federal land, all right, title, and interest of the United States in and to the Federal land identified on the map.

(b)

Appraisal To determine of fair market value

The Secretary shall determine the fair market value of the Federal land to be conveyed—

(1)

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

(2)

based on an appraisal that is conducted in accordance with nationally recognized appraisal standards, including—

(A)

the Uniform Appraisal Standards for Federal Land Acquisition; and

(B)

the Uniform Standards of Professional Appraisal Practice.

(c)

Availability of map

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

(d)

Applicable law

Beginning on the date on which the Federal land is conveyed to the City, the development of and conduct of activities on the Federal land shall be subject to all applicable Federal laws (including regulations).

(e)

Administrative costs

The City shall be responsible for all survey, appraisal, and other administrative costs associated with the conveyance of the Federal land to the City under this title.

905.

Release of the United States

Upon making the conveyance under section 904, notwithstanding any other provision of law, the United States is released from any and all liabilities or claims of any kind or nature arising from the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, petroleum product (or derivative of a petroleum product of any kind), solid waste, mine materials or mining related features (including tailings, overburden, waste rock, mill remnants, pits, or other hazards resulting from the presence of mining related features) on the Federal Land in existence on or before the date of the conveyance.

X

Preserving Access to Cape Hatteras National Seashore Recreational Area Act

1001.

Short title

This title may be cited as the Preserving Access to Cape Hatteras National Seashore Recreational Area Act.

1002.

Reinstatement of Interim Management Strategy

(a)

Management

After the date of the enactment of this title, Cape Hatteras National Seashore Recreational Area shall be managed in accordance with the Interim Protected Species Management Strategy/Environmental Assessment issued by the National Park Service on June 13, 2007, for the Cape Hatteras National Seashore Recreational Area, North Carolina, unless the Secretary of the Interior (hereafter in this title referred to as the Secretary) issues a new final rule that meets the requirements set forth in section 1003.

(b)

Restrictions

The Secretary shall not impose any additional restrictions on pedestrian or motorized vehicular access to any portion of Cape Hatteras National Seashore Recreational Area for species protection beyond those in the Interim Management Strategy, other than as specifically authorized pursuant to section 1003 of this title.

1003.

Additional restrictions on access to Cape Hatteras National Seashore Recreational Area for species protection

(a)

In general

If, based on peer-reviewed science and after public comment, the Secretary determines that additional restrictions on access to a portion of the Cape Hatteras National Seashore Recreational Area are necessary to protect species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the Secretary may only restrict, by limitation, closure, buffer, or otherwise, pedestrian and motorized vehicular access for recreational activities for the shortest possible time and on the smallest possible portions of the Cape Hatteras National Seashore Recreational Area.

(b)

Limitation on restrictions

Restrictions imposed under this section for protection of species listed as endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) shall not be greater than the restrictions in effect for that species at any other National Seashore.

(c)

Corridors around closures

To the maximum extent possible, the Secretary shall designate pedestrian and vehicular corridors of minimal distance on the beach or interdunal area around closures implemented under this section to allow access to areas not closed.

1004.

Inapplicability of final rule and consent degree

(a)

Final rule

The final rule titled Special Regulations, Areas of the National Park System, Cape Hatteras National Seashore—Off-Road Vehicle Management (77 Fed. Reg. 3123–3144) shall have no force or effect after the date of the enactment of this title.

(b)

Consent decree

The April 30, 2008, consent decree filed in the United States District Court for the Eastern District of North Carolina regarding off-road vehicle use at Cape Hatteras National Seashore in North Carolina shall not apply after the date of the enactment of this title.

XI

Grazing Improvement Act of 2012

1101.

Short title

This title may be cited as the Grazing Improvement Act of 2012.

1102.

Terms of grazing permits and leases

Section 402 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1752) is amended—

(1)

by striking ten years each place it appears and inserting 20 years; and

(2)

in subsection (b)—

(A)

by striking or at the end of each of paragraphs (1) and (2);

(B)

in paragraph (3), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following:

(4)

the initial environmental analysis under National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) regarding a grazing allotment, permit, or lease has not been completed.

.

1103.

Renewal, transfer, and reissuance of grazing permits and leases

Title IV of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1751 et seq.) is amended by adding at the end the following:

405.

Renewal, transfer, and reissuance of grazing permits and leases

(a)

Definitions

In this section:

(1)

Current grazing management

The term current grazing management means grazing in accordance with the terms and conditions of an existing permit or lease and includes any modifications that are consistent with an applicable Department of Interior resource management plan or Department of Agriculture land use plan.

(2)

Secretary concerned

The term Secretary concerned means—

(A)

the Secretary of Agriculture, with respect to National Forest System land; and

(B)

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

(b)

Renewal, Transfer, reissuance, and pending processing

A grazing permit or lease issued by the Secretary of the Interior, or a grazing permit issued by the Secretary of Agriculture regarding National Forest System land, that expires, is transferred, or is waived shall be renewed or reissued under, as appropriate—

(1)

section 402;

(2)

section 19 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act; 16 U.S.C. 580l);

(3)

title III of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1010 et seq.); or

(4)

section 510 the California Desert Protection Act of 1994 (16 U.S.C. 410aaa–50).

(c)

Terms; conditions

The terms and conditions (except the termination date) contained in an expired, transferred, or waived permit or lease described in subsection (b) shall continue in effect under a renewed or reissued permit or lease until the date on which the Secretary concerned completes the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, in compliance with each applicable law.

(d)

Cancellation; suspension; modification

Notwithstanding subsection (c), a permit or lease described in subsection (b) may be cancelled, suspended, or modified in accordance with applicable law.

(e)

Renewal transfer reissuance after processing

When the Secretary concerned has completed the processing of the renewed or reissued permit or lease that is the subject of the expired, transferred, or waived permit or lease, the Secretary concerned may renew or reissue the permit or lease for a term of 20 years after completion of processing.

(f)

Compliance with National Environmental Policy Act of 1969

The renewal, reissuance, or transfer of a grazing permit or lease by the Secretary concerned may, at their sole discretion, be categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement if—

(1)

the decision to renew, reissue, or transfer continues the current grazing management of the allotment;

(2)

monitoring of the allotment has indicated that the current grazing management has met, or has satisfactorily progressed towards meeting, objectives contained in the land use and resource management plan of the allotment, as determined by the Secretary concerned; or

(3)

the decision is consistent with the policy of the Department of the Interior or the Department of Agriculture, as appropriate, regarding extraordinary circumstances.

(g)

Priority and timing for completing environmental analyses

The Secretary concerned, in the sole discretion of the Secretary concerned, shall determine the priority and timing for completing each required environmental analysis regarding any grazing allotment, permit, or lease based on the environmental significance of the allotment, permit, or lease and available funding for that purpose.

(h)

NEPA exemptions

The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) shall not apply to the following:

(1)

Crossing and trailing authorizations of domestic livestock.

(2)

Transfer of grazing preference.

.

XII

Target Practice and Marksmanship Training Support Act

1201.

Short title

This title may be cited as the Target Practice and Marksmanship Training Support Act.

1202.

Findings; purpose

(a)

Findings

Congress finds that—

(1)

the use of firearms and archery equipment for target practice and marksmanship training activities on Federal land is allowed, except to the extent specific portions of that land have been closed to those activities;

(2)

in recent years preceding the date of enactment of this title, portions of Federal land have been closed to target practice and marksmanship training for many reasons;

(3)

the availability of public target ranges on non-Federal land has been declining for a variety of reasons, including continued population growth and development near former ranges;

(4)

providing opportunities for target practice and marksmanship training at public target ranges on Federal and non-Federal land can help—

(A)

to promote enjoyment of shooting, recreational, and hunting activities; and

(B)

to ensure safe and convenient locations for those activities;

(5)

Federal law in effect on the date of enactment of this title, including the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.), provides Federal support for construction and expansion of public target ranges by making available to States amounts that may be used for construction, operation, and maintenance of public target ranges; and

(6)

it is in the public interest to provide increased Federal support to facilitate the construction or expansion of public target ranges.

(b)

Purpose

The purpose of this title is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.

1203.

Definition of public target range

In this title, the term public target range means a specific location that—

(1)

is identified by a governmental agency for recreational shooting;

(2)

is open to the public;

(3)

may be supervised; and

(4)

may accommodate archery or rifle, pistol, or shotgun shooting.

1204.

Amendments to Pittman-Robertson Wildlife Restoration Act

(a)

Definitions

Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—

(1)

by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and

(2)

by inserting after paragraph (1) the following:

(2)

the term public target range means a specific location that—

(A)

is identified by a governmental agency for recreational shooting;

(B)

is open to the public;

(C)

may be supervised; and

(D)

may accommodate archery or rifle, pistol, or shotgun shooting;

.

(b)

Expenditures for management of wildlife areas and resources

Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended—

(1)

by striking (b) Each State and inserting the following:

(b)

Expenditures for management of wildlife areas and resources

(1)

In general

Except as provided in paragraph (2), each State

;

(2)

in paragraph (1) (as so designated), by striking construction, operation, and inserting operation;

(3)

in the second sentence, by striking The non-Federal share and inserting the following:

(3)

Non-Federal share

The non-Federal share

;

(4)

in the third sentence, by striking The Secretary and inserting the following:

(4)

Regulations

The Secretary

; and

(5)

by inserting after paragraph (1) (as designated by paragraph (1) of this subsection) the following:

(2)

Exception

Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the funds apportioned to it under section 669c(c) of this title to acquire land for, expand, or construct a public target range.

.

(c)

Firearm and bow hunter education and safety program grants

Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended—

(1)

in subsection (a), by adding at the end the following:

(3)

Allocation of additional amounts

Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.

;

(2)

by striking subsection (b) and inserting the following:

(b)

Cost sharing

(1)

In general

Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.

(2)

Public target range construction or expansion

The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.

; and

(3)

in subsection (c)(1)—

(A)

by striking Amounts made and inserting the following:

(A)

In general

Except as provided in subparagraph (B), amounts made

; and

(B)

by adding at the end the following:

(B)

Exception

Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.

.

1205.

Limits on liability

(a)

Discretionary function

For purposes of chapter 171 of title 28, United States Code (commonly referred to as the Federal Tort Claims Act), any action by an agent or employee of the United States to manage or allow the use of Federal land for purposes of target practice or marksmanship training by a member of the public shall be considered to be the exercise or performance of a discretionary function.

(b)

Civil action or claims

Except to the extent provided in chapter 171 of title 28, United States Code, the United States shall not be subject to any civil action or claim for money damages for any injury to or loss of property, personal injury, or death caused by an activity occurring at a public target range that is—

(1)

funded in whole or in part by the Federal Government pursuant to the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.); or

(2)

located on Federal land.

1206.

Sense of Congress regarding cooperation

It is the sense of Congress that, consistent with applicable laws and regulations, the Chief of the Forest Service and the Director of the Bureau of Land Management should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.

XIII

Chesapeake Bay Accountability and Recovery Act of 2012

1301.

Short title

This title may be cited as the Chesapeake Bay Accountability and Recovery Act of 2012.

1302.

Chesapeake Bay Crosscut Budget

(a)

Crosscut Budget

The Director, in consultation with the Chesapeake Executive Council, the chief executive of each Chesapeake Bay State, and the Chesapeake Bay Commission, shall submit to Congress a financial report containing—

(1)

an interagency crosscut budget that displays—

(A)

the proposed funding for any Federal restoration activity to be carried out in the succeeding fiscal year, including any planned interagency or intra-agency transfer, for each of the Federal agencies that carry out restoration activities;

(B)

to the extent that information is available, the estimated funding for any State restoration activity to be carried out in the succeeding fiscal year;

(C)

all expenditures for Federal restoration activities from the preceding 2 fiscal years, the current fiscal year, and the succeeding fiscal year; and

(D)

all expenditures, to the extent that information is available, for State restoration activities during the equivalent time period described in subparagraph (C);

(2)

a detailed accounting of all funds received and obligated by all Federal agencies for restoration activities during the current and preceding fiscal years, including the identification of funds which were transferred to a Chesapeake Bay State for restoration activities;

(3)

to the extent that information is available, a detailed accounting from each State of all funds received and obligated from a Federal agency for restoration activities during the current and preceding fiscal years; and

(4)

a description of each of the proposed Federal and State restoration activities to be carried out in the succeeding fiscal year (corresponding to those activities listed in subparagraphs (A) and (B) of paragraph (1)), including the—

(A)

project description;

(B)

current status of the project;

(C)

Federal or State statutory or regulatory authority, programs, or responsible agencies;

(D)

authorization level for appropriations;

(E)

project timeline, including benchmarks;

(F)

references to project documents;

(G)

descriptions of risks and uncertainties of project implementation;

(H)

adaptive management actions or framework;

(I)

coordinating entities;

(J)

funding history;

(K)

cost-sharing; and

(L)

alignment with existing Chesapeake Bay Agreement and Chesapeake Executive Council goals and priorities.

(b)

Minimum funding levels

The Director shall only describe restoration activities in the report required under subsection (a) that—

(1)

for Federal restoration activities, have funding amounts greater than or equal to $100,000; and

(2)

for State restoration activities, have funding amounts greater than or equal to $50,000.

(c)

Deadline

The Director shall submit to Congress the report required by subsection (a) not later than 30 days after the submission by the President of the President’s annual budget to Congress.

(d)

Report

Copies of the financial report required by subsection (a) shall be submitted to the Committees on Appropriations, Natural Resources, Energy and Commerce, and Transportation and Infrastructure of the House of Representatives and the Committees on Appropriations, Environment and Public Works, and Commerce, Science, and Transportation of the Senate.

(e)

Effective Date

This section shall apply beginning with the first fiscal year after the date of enactment of this title for which the President submits a budget to Congress.

1303.

Adaptive Management Plan

(a)

In general

Not later than 1 year after the date of enactment of this title, the Administrator, in consultation with other Federal and State agencies, shall develop an adaptive management plan for restoration activities in the Chesapeake Bay watershed that includes—

(1)

definition of specific and measurable objectives to improve water quality, habitat, and fisheries;

(2)

a process for stakeholder participation;

(3)

monitoring, modeling, experimentation, and other research and evaluation practices;

(4)

a process for modification of restoration activities that have not attained or will not attain the specific and measurable objectives set forth under paragraph (1); and

(5)

a process for prioritizing restoration activities and programs to which adaptive management shall be applied.

(b)

Implementation

The Administrator shall implement the adaptive management plan developed under subsection (a).

(c)

Updates

The Administrator shall update the adaptive management plan developed under subsection (a) every 2 years.

(d)

Report to Congress

(1)

In general

Not later than 60 days after the end of a fiscal year, the Administrator shall transmit to Congress an annual report on the implementation of the adaptive management plan required under this section for such fiscal year.

(2)

Contents

The report required under paragraph (1) shall contain information about the application of adaptive management to restoration activities and programs, including programmatic and project level changes implemented through the process of adaptive management.

(3)

Effective date

Paragraph (1) shall apply to the first fiscal year that begins after the date of enactment of this title.

(e)

Inclusion of plan in Annual Action Plan and Annual Progress Report

The Administrator shall ensure that the Annual Action Plan and Annual Progress Report required by section 205 of Executive Order No. 13508 includes the adaptive management plan outlined in subsection (a).

1304.

Independent Evaluator for the Chesapeake Bay Program

(a)

In general

There shall be an Independent Evaluator for restoration activities in the Chesapeake Bay watershed, who shall review and report on restoration activities and the use of adaptive management in restoration activities, including on such related topics as are suggested by the Chesapeake Executive Council.

(b)

Appointment

(1)

In general

The Independent Evaluator shall be appointed by the Administrator from among nominees submitted by the Chesapeake Executive Council.

(2)

Nominations

The Chesapeake Executive Council may submit to the Administrator 4 nominees for appointment to any vacancy in the office of the Independent Evaluator.

(c)

Reports

The Independent Evaluator shall submit a report to the Congress every 2 years in the findings and recommendations of reviews under this section.

(d)

Chesapeake Executive Council

In this section, the term Chesapeake Executive Council has the meaning given that term by section 307 of the National Oceanic and Atmospheric Administration Authorization Act of 1992 (Public Law 102–567; 15 U.S.C. 1511d).

1305.

Definitions

In this title, the following definitions apply:

(1)

Adaptive Management

The term adaptive management means a type of natural resource management in which project and program decisions are made as part of an ongoing science-based process. Adaptive management involves testing, monitoring, and evaluating applied strategies and incorporating new knowledge into programs and restoration activities that are based on scientific findings and the needs of society. Results are used to modify management policy, strategies, practices, programs, and restoration activities.

(2)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(3)

Chesapeake Bay State

The term Chesapeake Bay State or State means the States of Maryland, West Virginia, Delaware, and New York, the Commonwealths of Virginia and Pennsylvania, and the District of Columbia.

(4)

Chesapeake Bay Watershed

The term Chesapeake Bay watershed means the Chesapeake Bay and the geographic area, as determined by the Secretary of the Interior, consisting of 36 tributary basins, within the Chesapeake Bay States, through which precipitation drains into the Chesapeake Bay.

(5)

Chief Executive

The term chief executive means, in the case of a State or Commonwealth, the Governor of each such State or Commonwealth and, in the case of the District of Columbia, the Mayor of the District of Columbia.

(6)

Director

The term Director means the Director of the Office of Management and Budget.

(7)

Restoration Activities

The term restoration activities means any Federal or State programs or projects that directly or indirectly protect, conserve, or restore living resources, habitat, water resources, or water quality in the Chesapeake Bay watershed, including programs or projects that promote responsible land use, stewardship, and community engagement in the Chesapeake Bay watershed. Restoration activities may be categorized as follows:

(A)

Physical restoration.

(B)

Planning.

(C)

Feasibility studies.

(D)

Scientific research.

(E)

Monitoring.

(F)

Education.

(G)

Infrastructure Development.

XIV

National Security and Federal Lands Protection Act

1401.

Waiver of Federal laws with respect to border security actions on Department of the Interior and Department of Agriculture lands

(a)

Short title

This section may be cited as the National Security and Federal Lands Protection Act.

(b)

Prohibition on Secretaries of the Interior and Agriculture

The Secretary of the Interior or the Secretary of Agriculture shall not impede, prohibit, or restrict activities of U.S. Customs and Border Protection on Federal land located within 100 miles of an international land border, that is under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture to prevent all unlawful entries into the United States, including entries by terrorists, other unlawful aliens, instruments of terrorism, narcotics, and other contraband through the international land borders of the United States.

(c)

Authorized activities of U.S. Customs and Border Protection

U.S. Customs and Border Protection shall have access to Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture for purposes of conducting the following activities on such land that assist in securing the international land borders of the United States:

(1)

Construction and maintenance of roads.

(2)

Construction and maintenance of fences.

(3)

Use of vehicles to patrol.

(4)

Installation, maintenance, and operation of surveillance equipment and sensors.

(5)

Use of aircraft.

(6)

Deployment of temporary tactical infrastructure, including forward operating bases.

(d)

Clarification relating to waiver authority

(1)

In general

Notwithstanding any other provision of law (including any termination date relating to the waiver referred to in this subsection), the waiver by the Secretary of Homeland Security on April 1, 2008, under section 102(c)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note; Public Law 104–208) of the laws described in paragraph (2) with respect to certain sections of the international border between the United States and Mexico and between the United States and Canada shall be considered to apply to all Federal land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture within 100 miles of the international land borders of the United States for the activities of U.S. Customs and Border Protection described in subsection (c).

(2)

Description of laws waived

The laws referred to in paragraph (1) are limited to the Wilderness Act (16 U.S.C. 1131 et seq.), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), the National Historic Preservation Act (16 U.S.C. 470 et seq.), Public Law 86–523 (16 U.S.C. 469 et seq.), the Act of June 8, 1906 (commonly known as the Antiquities Act of 1906; 16 U.S.C. 431 et seq.), the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd et seq.), the Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.), the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.), subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the Administrative Procedure Act), the National Park Service Organic Act (16 U.S.C. 1 et seq.), the General Authorities Act of 1970 (Public Law 91–383) (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, and 404 of the National Parks and Recreation Act of 1978 (Public Law 95–625, 92 Stat. 3467), and the Arizona Desert Wilderness Act of 1990 (16 U.S.C. 1132 note; Public Law 101–628).

(e)

Protection of legal uses

This section shall not be construed to provide—

(1)

authority to restrict legal uses, such as grazing, hunting, mining, or public-use recreational and backcountry airstrips on land under the jurisdiction of the Secretary of the Interior or the Secretary of Agriculture;

(2)

any additional authority to restrict legal access to such land; or

(3)

any additional authority or access to private or State land.

(f)

Tribal sovereignty

Nothing in this section supersedes, replaces, negates, or diminishes treaties or other agreements between the United States and Indian tribes.

(g)

Sunset

This section shall have no force or effect after the end of the 5-year period beginning on the date of enactment of this Act.

Passed the House of Representatives June 19, 2012.

Karen L. Haas,

Clerk