One Hundred Sixteenth Congress of the United States of America
1st Session
Begun and held at the City of Washington on Thursday, the third day of January, two thousand and nineteen
S. 47
IN THE SENATE OF THE UNITED STATES
AN ACT
To provide for the management of the natural resources of the United States, and for other purposes.
Short title; table of contents
Short title
This Act may be cited as the John D. Dingell, Jr. Conservation, Management, and Recreation Act
.
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definition of Secretary.
TITLE I—Public land and forests
Subtitle A—Land exchanges and conveyances
Sec. 1001. Crags land exchange, Colorado.
Sec. 1002. Arapaho National Forest boundary adjustment.
Sec. 1003. Santa Ana River Wash Plan land exchange.
Sec. 1004. Udall Park land exchange.
Sec. 1005. Confirmation of State land grants.
Sec. 1006. Custer County Airport conveyance.
Sec. 1007. Pascua Yaqui Tribe land conveyance.
Sec. 1008. La Paz County land conveyance.
Sec. 1009. Lake Bistineau land title stability.
Sec. 1010. Lake Fannin land conveyance.
Sec. 1011. Land conveyance and utility right-of-way, Henry’s Lake Wilderness Study Area, Idaho.
Sec. 1012. Conveyance to Ukpeagvik Inupiat Corporation.
Sec. 1013. Public purpose conveyance to City of Hyde Park, Utah.
Sec. 1014. Juab County conveyance.
Sec. 1015. Black Mountain Range and Bullhead City land exchange.
Sec. 1016. Cottonwood land exchange.
Sec. 1017. Embry-Riddle Tri-City land exchange.
Subtitle B—Public land and National Forest System management
Sec. 1101. Bolts Ditch access.
Sec. 1102. Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005.
Sec. 1103. Frank and Jeanne Moore Wild Steelhead Special Management Area.
Sec. 1104. Maintenance or replacement of facilities and structures at Smith Gulch.
Sec. 1105. Repeal of provision limiting the export of timber harvested from certain Kake Tribal Corporation land.
Sec. 1106. Designation of Fowler and Boskoff Peaks.
Sec. 1107. Coronado National Forest land conveyance.
Sec. 1108. Deschutes Canyon-Steelhead Falls Wilderness Study Area boundary adjustment, Oregon.
Sec. 1109. Maintenance of Federal mineral leases based on extraction of helium.
Sec. 1110. Small miner waivers to claim maintenance fees.
Sec. 1111. Saint Francis Dam Disaster National Memorial and National Monument.
Sec. 1112. Owyhee Wilderness Areas boundary modifications.
Sec. 1113. Chugach Region land study.
Sec. 1114. Wildfire technology modernization.
Sec. 1115. McCoy Flats Trail System.
Sec. 1116. Technical corrections to certain laws relating to Federal land in the State of Nevada.
Sec. 1117. Ashley Karst National Recreation and Geologic Area.
Sec. 1118. John Wesley Powell National Conservation Area.
Sec. 1119. Alaska Native Vietnam era veterans land allotment.
Sec. 1120. Red River gradient boundary survey.
Sec. 1121. San Juan County settlement implementation.
Sec. 1122. Rio Puerco Watershed management program.
Sec. 1123. Ashley Springs land conveyance.
Subtitle C—Wilderness designations and withdrawals
PART I—General provisions
Sec. 1201. Organ Mountains-Desert Peaks conservation.
Sec. 1202. Cerro del Yuta and Río San Antonio Wilderness Areas.
Sec. 1203. Methow Valley, Washington, Federal land withdrawal.
Sec. 1204. Emigrant Crevice withdrawal.
Sec. 1205. Oregon Wildlands.
PART II—Emery County public land management
Sec. 1211. Definitions.
Sec. 1212. Administration.
Sec. 1213. Effect on water rights.
Sec. 1214. Savings clause.
SUBPART A—San Rafael Swell Recreation Area
Sec. 1221. Establishment of Recreation Area.
Sec. 1222. Management of Recreation Area.
Sec. 1223. San Rafael Swell Recreation Area Advisory Council.
SUBPART B—Wilderness areas
Sec. 1231. Additions to the National Wilderness Preservation System.
Sec. 1232. Administration.
Sec. 1233. Fish and wildlife management.
Sec. 1234. Release.
SUBPART C—Wild and scenic river designation
Sec. 1241. Green River wild and scenic river designation.
SUBPART D—Land management and conveyances
Sec. 1251. Goblin Valley State Park.
Sec. 1252. Jurassic National Monument.
Sec. 1253. Public land disposal and acquisition.
Sec. 1254. Public purpose conveyances.
Sec. 1255. Exchange of BLM and School and Institutional Trust Lands Administration land.
Subtitle D—Wild and scenic rivers
Sec. 1301. Lower Farmington River and Salmon Brook wild and scenic river.
Sec. 1302. Wood-Pawcatuck watershed wild and scenic river segments.
Sec. 1303. Nashua wild and scenic rivers, Massachusetts and New Hampshire.
Subtitle E—California desert protection and recreation
Sec. 1401. Definitions.
PART I—Designation of wilderness in the California Desert Conservation Area
Sec. 1411. California desert conservation and recreation.
PART II—Designation of special management area
Sec. 1421. Vinagre Wash Special Management Area.
PART III—National Park System additions
Sec. 1431. Death Valley National Park boundary revision.
Sec. 1432. Mojave National Preserve.
Sec. 1433. Joshua Tree National Park.
PART IV—Off-highway vehicle recreation areas
Sec. 1441. Off-highway vehicle recreation areas.
PART V—Miscellaneous
Sec. 1451. Transfer of land to Anza-Borrego Desert State Park.
Sec. 1452. Wildlife corridors.
Sec. 1453. Prohibited uses of acquired, donated, and conservation land.
Sec. 1454. Tribal uses and interests.
Sec. 1455. Release of Federal reversionary land interests.
Sec. 1456. California State school land.
Sec. 1457. Designation of wild and scenic rivers.
Sec. 1458. Conforming amendments.
Sec. 1459. Juniper Flats.
Sec. 1460. Conforming amendments to California Military Lands Withdrawal and Overflights Act of 1994.
Sec. 1461. Desert tortoise conservation center.
TITLE II—National Parks
Subtitle A—Special resource studies
Sec. 2001. Special resource study of James K. Polk presidential home.
Sec. 2002. Special resource study of Thurgood Marshall school.
Sec. 2003. Special resource study of President Street Station.
Sec. 2004. Amache special resource study.
Sec. 2005. Special resource study of George W. Bush Childhood Home.
Subtitle B—National Park System boundary adjustments and related matters
Sec. 2101. Shiloh National Military Park boundary adjustment.
Sec. 2102. Ocmulgee Mounds National Historical Park boundary.
Sec. 2103. Kennesaw Mountain National Battlefield Park boundary.
Sec. 2104. Fort Frederica National Monument, Georgia.
Sec. 2105. Fort Scott National Historic Site boundary.
Sec. 2106. Florissant Fossil Beds National Monument boundary.
Sec. 2107. Voyageurs National Park boundary adjustment.
Sec. 2108. Acadia National Park boundary.
Sec. 2109. Authority of Secretary of the Interior to accept certain properties, Missouri.
Sec. 2110. Home of Franklin D. Roosevelt National Historic Site.
Subtitle C—National Park System redesignations
Sec. 2201. Designation of Saint-Gaudens National Historical Park.
Sec. 2202. Redesignation of Robert Emmet Park.
Sec. 2203. Fort Sumter and Fort Moultrie National Historical Park.
Sec. 2204. Reconstruction Era National Historical Park and Reconstruction Era National Historic Network.
Sec. 2205. Golden Spike National Historical Park.
Sec. 2206. World War II Pacific sites.
Subtitle D—New units of the National Park System
Sec. 2301. Medgar and Myrlie Evers Home National Monument.
Sec. 2302. Mill Springs Battlefield National Monument.
Sec. 2303. Camp Nelson Heritage National Monument.
Subtitle E—National Park System management
Sec. 2401. Denali National Park and Preserve natural gas pipeline.
Sec. 2402. Historically Black Colleges and Universities Historic Preservation program reauthorized.
Sec. 2402A. John H. Chafee Coastal Barrier Resources System.
Sec. 2403. Authorizing cooperative management agreements between the District of Columbia and the Secretary of the Interior.
Sec. 2404. Fees for Medical Services.
Sec. 2405. Authority to grant easements and rights-of-way over Federal lands within Gateway National Recreation Area.
Sec. 2406. Adams Memorial Commission.
Sec. 2407. Technical corrections to references to the African American Civil Rights Network.
Sec. 2408. Transfer of the James J. Howard Marine Sciences Laboratory.
Sec. 2409. Bows in parks.
Sec. 2410. Wildlife management in parks.
Sec. 2411. Pottawattamie County reversionary interest.
Sec. 2412. Designation of Dean Stone Bridge.
Subtitle F—National trails and related matters
Sec. 2501. North Country Scenic Trail Route adjustment.
Sec. 2502. Extension of Lewis and Clark National Historic Trail.
Sec. 2503. American Discovery Trail signage.
Sec. 2504. Pike National Historic Trail study.
TITLE III—Conservation authorizations
Sec. 3001. Reauthorization of Land and Water Conservation Fund.
Sec. 3002. Conservation incentives landowner education program.
TITLE IV—Sportsmen's access and related matters
Subtitle A—National policy
Sec. 4001. Congressional declaration of national policy.
Subtitle B—Sportsmen’s access to Federal land
Sec. 4101. Definitions.
Sec. 4102. Federal land open to hunting, fishing, and recreational shooting.
Sec. 4103. Closure of Federal land to hunting, fishing, and recreational shooting.
Sec. 4104. Shooting ranges.
Sec. 4105. Identifying opportunities for recreation, hunting, and fishing on Federal land.
Subtitle C—Open Book on Equal Access to Justice
Sec. 4201. Federal action transparency.
Subtitle D—Migratory Bird Framework and Hunting Opportunities for Veterans
Sec. 4301. Federal closing date for hunting of ducks, mergansers, and coots.
Subtitle E—Miscellaneous
Sec. 4401. Respect for treaties and rights.
Sec. 4402. No priority.
Sec. 4403. State authority for fish and wildlife.
TITLE V—Hazards and mapping
Sec. 5001. National Volcano Early Warning and Monitoring System.
Sec. 5002. Reauthorization of National Geologic Mapping Act of 1992.
TITLE VI—National Heritage Areas
Sec. 6001. National Heritage Area designations.
Sec. 6002. Adjustment of boundaries of Lincoln National Heritage Area.
Sec. 6003. Finger Lakes National Heritage Area study.
Sec. 6004. National Heritage Area amendments.
TITLE VII—Wildlife habitat and conservation
Sec. 7001. Wildlife habitat and conservation.
Sec. 7002. Reauthorization of Neotropical Migratory Bird Conservation Act.
Sec. 7003. John H. Chafee Coastal Barrier Resources System.
TITLE VIII—Water and power
Subtitle A—Reclamation title transfer
Sec. 8001. Purpose.
Sec. 8002. Definitions.
Sec. 8003. Authorization of transfers of title to eligible facilities.
Sec. 8004. Eligibility criteria.
Sec. 8005. Liability.
Sec. 8006. Benefits.
Sec. 8007. Compliance with other laws.
Subtitle B—Endangered fish recovery programs
Sec. 8101. Extension of authorization for annual base funding of fish recovery programs; removal of certain reporting requirement.
Sec. 8102. Report on recovery implementation programs.
Subtitle C—Yakima River Basin Water Enhancement Project
Sec. 8201. Authorization of phase III.
Sec. 8202. Modification of purposes and definitions.
Sec. 8203. Yakima River Basin Water Conservation Program.
Sec. 8204. Yakima Basin water projects, operations, and authorizations.
Subtitle D—Bureau of Reclamation facility conveyances
Sec. 8301. Conveyance of Maintenance Complex and District Office of the Arbuckle Project, Oklahoma.
Sec. 8302. Contra Costa Canal transfer.
Subtitle E—Project authorizations
Sec. 8401. Extension of Equus Beds Division of the Wichita Project.
Subtitle F—Modifications of existing programs
Sec. 8501. Watersmart.
Subtitle G—Bureau of Reclamation transparency
Sec. 8601. Definitions.
Sec. 8602. Asset Management Report enhancements for reserved works.
Sec. 8603. Asset Management Report enhancements for transferred works.
TITLE IX—Miscellaneous
Sec. 9001. Every Kid Outdoors Act.
Sec. 9002. Good Samaritan Search and Recovery Act.
Sec. 9003. John S. McCain III 21st Century Conservation Service Corps Act.
Sec. 9004. National Nordic Museum Act.
Sec. 9005. Designation of National George C. Marshall Museum and Library.
Sec. 9006. 21st Century Respect Act.
Sec. 9007. American World War II Heritage Cities.
Sec. 9008. Quindaro Townsite National Commemorative Site.
Sec. 9009. Designation of National Comedy Center in Jamestown, New York.
Sec. 9010. John H. Chafee Coastal Barrier Resources System.
Definition of Secretary
In this Act, the term Secretary means the Secretary of the Interior.
Public land and forests
Land exchanges and conveyances
Crags land exchange, Colorado
Purposes
The purposes of this section are—
to authorize, direct, expedite and facilitate the land exchange set forth herein; and
to promote enhanced public outdoor recreational and natural resource conservation opportunities in the Pike National Forest near Pikes Peak, Colorado, via acquisition of the non-Federal land and trail easement.
Definitions
In this section:
BHI
The term BHI means Broadmoor Hotel, Inc., a Colorado corporation.
Federal land
The term Federal land means all right, title, and interest of the United States in and to approximately 83 acres of land within the Pike National Forest, El Paso County, Colorado, together with a nonexclusive perpetual access easement to BHI to and from such land on Forest Service Road 371, as generally depicted on the map entitled Proposed Crags Land Exchange–Federal Parcel–Emerald Valley Ranch
and dated March 2015.
Non-Federal land
The term non-Federal land means the land and trail easement to be conveyed to the Secretary by BHI in the exchange and is—
approximately 320 acres of land within the Pike National Forest, Teller County, Colorado, as generally depicted on the map entitled Proposed Crags Land Exchange–Non-Federal Parcel–Crags Property
and dated March 2015; and
a permanent trail easement for the Barr Trail in El Paso County, Colorado, as generally depicted on the map entitled Proposed Crags Land Exchange–Barr Trail Easement to United States
and dated March 2015, and which shall be considered as a voluntary donation to the United States by BHI for all purposes of law.
Secretary
The term Secretary means the Secretary of Agriculture, unless otherwise specified.
Land exchange
In general
If BHI offers to convey to the Secretary all right, title, and interest of BHI in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to BHI the Federal land.
Land title
Title to the non-Federal land conveyed and donated to the Secretary under this section shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government.
Perpetual access easement to BHI
The nonexclusive perpetual access easement to be granted to BHI as shown on the map referred to in subsection (b)(2) shall allow—
BHI to fully maintain, at BHI’s expense, and use Forest Service Road 371 from its junction with Forest Service Road 368 in accordance with historic use and maintenance patterns by BHI; and
full and continued public and administrative access and use of Forest Service Road 371 in accordance with the existing Forest Service travel management plan, or as such plan may be revised by the Secretary.
Route and condition of road
BHI and the Secretary may mutually agree to improve, relocate, reconstruct, or otherwise alter the route and condition of all or portions of such road as the Secretary, in close consultation with BHI, may determine advisable.
Exchange costs
BHI shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange directed by this section, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation.
Equal value exchange and appraisals
Appraisals
The values of the lands to be exchanged under this section shall be determined by the Secretary through appraisals performed—
in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practice; and
appraisal instructions issued by the Secretary; and
by an appraiser mutually agreed to by the Secretary and BHI.
Equal value exchange
The values of the Federal land and non-Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows:
Surplus of Federal land value
If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land parcel identified in subsection (b)(3)(A), BHI shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of l976 (43 U.S.C. 1716(b)).
Use of funds
Any cash equalization moneys received by the Secretary under subparagraph (A) shall be—
deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act
; 16 U.S.C. 484a); and
made available to the Secretary for the acquisition of land or interests in land in Region 2 of the Forest Service.
Surplus of non-Federal land value
If the final appraised value of the non-Federal land parcel identified in subsection (b)(3)(A) exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to BHI, and surplus value of the non-Federal land shall be considered a donation by BHI to the United States for all purposes of law.
Appraisal exclusions
Special Use Permit
The appraised value of the Federal land parcel shall not reflect any increase or diminution in value due to the special use permit existing on the date of enactment of this Act to BHI on the parcel and improvements thereunder.
Barr Trail easement
The Barr Trail easement donation identified in subsection (b)(3)(B) shall not be appraised for purposes of this section.
Miscellaneous provisions
Withdrawal provisions
Withdrawal
Lands acquired by the Secretary under this section shall, without further action by the Secretary, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.).
Withdrawal revocation
Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the Federal land parcel to BHI.
Withdrawal of Federal land
All Federal land authorized to be exchanged under this section, if not already withdrawn or segregated from appropriation or disposal under the public lands laws upon enactment of this Act, is hereby so withdrawn, subject to valid existing rights, until the date of conveyance of the Federal land to BHI.
Postexchange land management
Land acquired by the Secretary under this section shall become part of the Pike-San Isabel National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System.
Exchange timetable
It is the intent of Congress that the land exchange directed by this section be consummated no later than 1 year after the date of enactment of this Act.
Maps, estimates, and descriptions
Minor errors
The Secretary and BHI may by mutual agreement make minor boundary adjustments to the Federal and non-Federal lands involved in the exchange, and may correct any minor errors in any map, acreage estimate, or description of any land to be exchanged.
Conflict
If there is a conflict between a map, an acreage estimate, or a description of land under this section, the map shall control unless the Secretary and BHI mutually agree otherwise.
Availability
Upon enactment of this Act, the Secretary shall file and make available for public inspection in the headquarters of the Pike-San Isabel National Forest a copy of all maps referred to in this section.
Arapaho National Forest boundary adjustment
In general
The boundary of the Arapaho National Forest in the State of Colorado is adjusted to incorporate the approximately 92.95 acres of land generally depicted as The Wedge
on the map entitled Arapaho National Forest Boundary Adjustment
and dated November 6, 2013, and described as lots three, four, eight, and nine of section 13, Township 4 North, Range 76 West, Sixth Principal Meridian, Colorado. A lot described in this subsection may be included in the boundary adjustment only after the Secretary of Agriculture obtains written permission for such action from the lot owner or owners.
Bowen Gulch Protection Area
The Secretary of Agriculture shall include all Federal land within the boundary described in subsection (a) in the Bowen Gulch Protection Area established under section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j).
Land and Water Conservation Fund
For purposes of section 200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of the Arapaho National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Arapaho National Forest as in existence on January 1, 1965.
Public motorized use
Nothing in this section opens privately owned lands within the boundary described in subsection (a) to public motorized use.
Access to non-Federal lands
Notwithstanding the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) regarding motorized travel, the owners of any non-Federal lands within the boundary described in subsection (a) who historically have accessed their lands through lands now or hereafter owned by the United States within the boundary described in subsection (a) shall have the continued right of motorized access to their lands across the existing roadway.
Santa Ana River Wash Plan land exchange
Definitions
In this section:
Conservation District
The term Conservation District
means the San Bernardino Valley Water Conservation District, a political subdivision of the State of California.
Federal exchange parcel
The term Federal exchange parcel
means the approximately 90 acres of Federal land administered by the Bureau of Land Management generally depicted as BLM Equalization Land to SBVWCD
on the Map and is to be conveyed to the Conservation District if necessary to equalize the fair market values of the lands otherwise to be exchanged.
Federal land
The term Federal land
means the approximately 327 acres of Federal land administered by the Bureau of Land Management generally depicted as BLM Land to SBVWCD
on the Map.
Map
The term Map
means the map entitled Santa Ana River Wash Land Exchange
and dated September 3, 2015.
Non-Federal exchange parcel
The term non-Federal exchange parcel
means the approximately 59 acres of land owned by the Conservation District generally depicted as SBVWCD Equalization Land
on the Map and is to be conveyed to the United States if necessary to equalize the fair market values of the lands otherwise to be exchanged.
Non-Federal Land
The term non-Federal Land
means the approximately 310 acres of land owned by the Conservation District generally depicted as SBVWCD to BLM
on the Map.
Exchange of land; equalization of value
Exchange authorized
Notwithstanding the land use planning requirements of sections 202, 210, and 211 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1720, 1721), subject to valid existing rights, and conditioned upon any equalization payment necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), and paragraph (2), as soon as practicable, but not later than 2 years after the date of enactment of this Act, if the Conservation District offers to convey the exchange land to the United States, the Secretary shall—
convey to the Conservation District all right, title, and interest of the United States in and to the Federal land, and any such portion of the Federal exchange parcel as may be required to equalize the values of the lands exchanged; and
accept from the Conservation District a conveyance of all right, title, and interest of the Conservation District in and to the non-Federal land, and any such portion of the non-Federal exchange parcel as may be required to equalize the values of the lands exchanged.
Equalization payment
To the extent an equalization payment is necessary under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)), the amount of such equalization payment shall first be made by way of in-kind transfer of such portion of the Federal exchange parcel to the Conservation District, or transfer of such portion of the non-Federal exchange parcel to the United States, as the case may be, as may be necessary to equalize the fair market values of the exchanged properties. The fair market value of the Federal exchange parcel or non-Federal exchange parcel, as the case may be, shall be credited against any required equalization payment. To the extent such credit is not sufficient to offset the entire amount of equalization payment so indicated, any remaining amount of equalization payment shall be treated as follows:
If the equalization payment is to equalize values by which the Federal land exceeds the non-Federal land and the credited value of the non-Federal exchange parcel, Conservation District may make the equalization payment to the United States, notwithstanding any limitation regarding the amount of the equalization payment under section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). In the event Conservation District opts not to make the indicated equalization payment, the exchange shall not proceed.
If the equalization payment is to equalize values by which the non-Federal land exceeds the Federal land and the credited value of the Federal exchange parcel, the Secretary shall order the exchange without requirement of any additional equalization payment by the United States to the Conservation District.
Appraisals
The value of the land to be exchanged under this section shall be determined by appraisals conducted by one or more independent and qualified appraisers.
The appraisals shall be conducted in accordance with nationally recognized appraisal standards, including, as appropriate, the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Title approval
Title to the land to be exchanged under this section shall be in a format acceptable to the Secretary and the Conservation District.
Map and legal descriptions
As soon as practicable after the date of enactment of this Act, the Secretary shall finalize a map and legal descriptions of all land to be conveyed under this section. The Secretary may correct any minor errors in the map or in the legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.
Costs of conveyance
As a condition of conveyance, any costs related to the conveyance under this section shall be paid by the Conservation District.
Applicable law
Act of February 20, 1909
The Act of February 20, 1909 (35 Stat. 641), shall not apply to the Federal land and any public exchange land transferred under this section.
The exchange of lands under this section shall be subject to continuing rights of the Conservation District under the Act of February 20, 1909 (35 Stat. 641), on the non-Federal land and any exchanged portion of the non-Federal exchange parcel for the continued use, maintenance, operation, construction, or relocation of, or expansion of, groundwater recharge facilities on the non-Federal land, to accommodate groundwater recharge of the Bunker Hill Basin to the extent that such activities are not in conflict with any Habitat Conservation Plan or Habitat Management Plan under which such non-Federal land or non-Federal exchange parcel may be held or managed.
FLPMA
Except as otherwise provided in this section, the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.), shall apply to the exchange of land under this section.
Cancellation of Secretarial Order 241
Secretarial Order 241, dated November 11, 1929 (withdrawing a portion of the Federal land for an unconstructed transmission line), is terminated and the withdrawal thereby effected is revoked.
Udall Park land exchange
Definitions
In this section:
City
The term City means the city of Tucson, Arizona.
Non-Federal land
The term non-Federal land means the approximately 172.8-acre parcel of City land identified in the patent numbered 02–90–0001 and dated October 4, 1989, and more particularly described as lots 3 and 4, S1/2NW1/4, sec. 5, T.14 S., R.15 E., Gila and Salt River Meridian, Arizona.
Conveyance of Federal reversionary interest in land located in Tucson, Arizona
In general
Notwithstanding any other provision of law, the Secretary shall convey to the City, without consideration, the reversionary interests of the United States in and to the non-Federal land for the purpose of unencumbering the title to the non-Federal land to enable economic development of the non-Federal land.
Legal descriptions
As soon as practicable after the date of enactment of this Act, the exact legal descriptions of the non-Federal land shall be determined in a manner satisfactory to the Secretary.
Additional terms and conditions
The Secretary may require such additional terms and conditions to the conveyance under paragraph (1), consistent with that paragraph, as the Secretary considers appropriate to protect the interests of the United States.
Costs
The City shall pay all costs associated with the conveyance under paragraph (1), consistent with that paragraph, including the costs of any surveys, recording costs, and other reasonable costs.
Confirmation of State land grants
In general
Subject to valid existing rights, the State of Utah may select any lands in T. 6 S. and T. 7 S., R. 1 W., Salt Lake Base and Meridian, that are owned by the United States, under the administrative jurisdiction of the Bureau of Land Management, and identified as available for disposal by land exchange in the Record of Decision for the Pony Express Resource Management Plan and Rangeland Program Summary for Utah County (January 1990), as amended by the Pony Express Plan Amendment (November 1997), in fulfillment of the land grants made in sections 6, 8, and 12 of the Act of July 16, 1894 (28 Stat. 107) as generally depicted on the map entitled Proposed Utah County Quantity Grants
and dated June 27, 2017, to further the purposes of the State of Utah School and Institutional Trust Lands Administration, without further land use planning action by the Bureau of Land Management.
Application
The criteria listed in Decision 3 of the Lands Program of the resource management plan described in subsection (a) shall not apply to any land selected under that subsection.
Effect on limitation
Nothing in this section affects the limitation established under section 2815(d) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65).
Custer County Airport conveyance
Definitions
In this section:
County
The term County means Custer County, South Dakota.
Federal land
The term Federal land means all right, title, and interest of the United States in and to approximately 65.7 acres of National Forest System land, as generally depicted on the map.
Map
The term map means the map entitled Custer County Airport Conveyance
and dated October 19, 2017.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Land conveyance
In general
Subject to the terms and conditions described in paragraph (2), if the County submits to the Secretary an offer to acquire the Federal land for the market value, as determined by the appraisal under paragraph (3), the Secretary shall convey the Federal land to the County.
Terms and conditions
The conveyance under paragraph (1) shall be—
subject to valid existing rights;
made by quitclaim deed; and
subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Appraisal
In general
Not later than 60 days after the date of enactment of this Act, the Secretary shall complete an appraisal to determine the market value of the Federal land.
Standards
The appraisal under subparagraph (A) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Map
Availability of map
The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.
Correction of errors
The Secretary may correct any errors in the map.
Consideration
As consideration for the conveyance under paragraph (1), the County shall pay to the Secretary an amount equal to the market value of the Federal land, as determined by the appraisal under paragraph (3).
Survey
The exact acreage and legal description of the Federal land to be conveyed under paragraph (1) shall be determined by a survey satisfactory to the Secretary.
Costs of conveyance
As a condition on the conveyance under paragraph (1), the County shall pay to the Secretary all costs associated with the conveyance, including the cost of—
the appraisal under paragraph (3); and
the survey under paragraph (6).
Proceeds from the sale of land
Any proceeds received by the Secretary from the conveyance under paragraph (1) shall be—
deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act
) (16 U.S.C. 484a); and
available to the Secretary until expended, without further appropriation, for the acquisition of inholdings in units of the National Forest System in the State of South Dakota.
Pascua Yaqui Tribe land conveyance
Definitions
In this section:
District
The term District means the Tucson Unified School District No. 1, a school district recognized as such under the laws of the State of Arizona.
Map
The term Map means the map entitled ‘Pascua Yaqui Tribe Land Conveyance Act
, dated March 14, 2016, and on file and available for public inspection in the local office of the Bureau of Land Management.
Recreation and Public Purposes Act
The term Recreation and Public Purposes Act means the Act of June 14, 1926 (43 U.S.C. 869 et seq.).
Tribe
The term Tribe means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian Tribe.
Land to be held in trust
Parcel A
Subject to paragraph (2) and to valid existing rights, all right, title, and interest of the United States in and to the approximately 39.65 acres of Federal lands generally depicted on the map as Parcel A
are declared to be held in trust by the United States for the benefit of the Tribe.
Effective date
Paragraph (1) shall take effect on the day after the date on which the District relinquishes all right, title, and interest of the District in and to the approximately 39.65 acres of land described in paragraph (1).
Lands to be conveyed to the district
Parcel B
In general
Subject to valid existing rights and payment to the United States of the fair market value, the United States shall convey to the District all right, title, and interest of the United States in and to the approximately 13.24 acres of Federal lands generally depicted on the map as Parcel B
.
Determination of fair market value
The fair market value of the property to be conveyed under subparagraph (A) shall be determined by the Secretary in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Costs of conveyance
As a condition of the conveyance under this paragraph, all costs associated with the conveyance shall be paid by the District.
Parcel C
In general
If, not later than 1 year after the completion of the appraisal required by subparagraph (C), the District submits to the Secretary an offer to acquire the Federal reversionary interest in all of the approximately 27.5 acres of land conveyed to the District under Recreation and Public Purposes Act and generally depicted on the map as Parcel C
, the Secretary shall convey to the District such reversionary interest in the lands covered by the offer. The Secretary shall complete the conveyance not later than 30 days after the date of the offer.
Survey
Not later than 90 days after the date of enactment of this Act, the Secretary shall complete a survey of the lands described in this paragraph to determine the precise boundaries and acreage of the lands subject to the Federal reversionary interest.
Appraisal
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the Federal reversionary interest in the lands identified by the survey required by subparagraph (B). The appraisal shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Consideration
As consideration for the conveyance of the Federal reversionary interest under this paragraph, the District shall pay to the Secretary an amount equal to the appraised value of the Federal interest, as determined under subparagraph (C). The consideration shall be paid not later than 30 days after the date of the conveyance.
Costs of conveyance
As a condition of the conveyance under this paragraph, all costs associated with the conveyance, including the cost of the survey required by subparagraph (B) and the appraisal required by subparagraph (C), shall be paid by the District.
Gaming prohibition
The Tribe may not conduct gaming activities on lands taken into trust pursuant to this section, either as a matter of claimed inherent authority, under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations promulgated by the Secretary or the National Indian Gaming Commission.
Water rights
In general
There shall be no Federal reserved right to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under this section.
State water rights
The Tribe retains any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under this section.
Forfeiture or abandonment
Any water rights that are appurtenant to land taken into trust by the United States for the benefit of the Tribe under this section may not be forfeited or abandoned.
Administration
Nothing in this section affects or modifies any right of the Tribe or any obligation of the United States under Public Law 95–375.
La Paz County land conveyance
Definitions
In this section:
County
The term County means La Paz County, Arizona.
Federal land
The term Federal land means the approximately 5,935 acres of land managed by the Bureau of Land Management and designated as Federal land to be conveyed
on the map.
Map
The term map means the map prepared by the Bureau of Land Management entitled Proposed La Paz County Land Conveyance
and dated October 1, 2018.
Conveyance to La Paz County, Arizona
In general
Notwithstanding the planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713) and in accordance with this section and other applicable law, as soon as practicable after receiving a request from the County to convey the Federal land, the Secretary shall convey the Federal land to the County.
Restrictions on conveyance
In general
The conveyance under paragraph (1) shall be subject to—
valid existing rights; and
such terms and conditions as the Secretary determines to be necessary.
Exclusion
The Secretary shall exclude from the conveyance under paragraph (1) any Federal land that contains significant cultural, environmental, wildlife, or recreational resources.
Payment of fair market value
The conveyance under paragraph (1) shall be for the fair market value of the Federal land to be conveyed, as determined—
in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
based on an appraisal that is conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Protection of Tribal cultural artifacts
As a condition of the conveyance under paragraph (1), the County shall, and as a condition of any subsequent conveyance, any subsequent owner shall—
make good faith efforts to avoid disturbing Tribal artifacts;
minimize impacts on Tribal artifacts if they are disturbed;
coordinate with the Colorado River Indian Tribes Tribal Historic Preservation Office to identify artifacts of cultural and historic significance; and
allow Tribal representatives to rebury unearthed artifacts at or near where they were discovered.
Availability of map
In general
The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Corrections
The Secretary and the County may, by mutual agreement—
make minor boundary adjustments to the Federal land to be conveyed under paragraph (1); and
correct any minor errors in the map, an acreage estimate, or the description of the Federal land.
Withdrawal
The Federal land is withdrawn from the operation of the mining and mineral leasing laws of the United States.
Costs
As a condition of the conveyance of the Federal land under paragraph (1), the County shall pay—
an amount equal to the appraised value determined in accordance with paragraph (3)(B); and
all costs related to the conveyance, including all surveys, appraisals, and other administrative costs associated with the conveyance of the Federal land to the County under paragraph (1).
Proceeds from the sale of land
The proceeds from the sale of land under this subsection shall be—
deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
used in accordance with that Act (43 U.S.C. 2301 et seq.).
Lake Bistineau land title stability
Definitions
In this section:
Claimant
The term claimant means any individual, group, or corporation authorized to hold title to land or mineral interests in land in the State of Louisiana with a valid claim to the omitted land, including any mineral interests.
Map
The term Map means the map entitled Lands as Delineated by Original Survey December 18, 1842 showing the 1969 Meander Line at the 148.6 Elevation Line
and dated January 30, 2018.
Omitted land
In general
The term omitted land means the land in lots 6, 7, 8, 9, 10, 11, 12, and 13 of sec. 30, T. 16 N., R. 10 W., Louisiana Meridian, comprising a total of approximately 229.72 acres, as depicted on the Map, that—
was in place during the Original Survey; but
was not included in the Original Survey.
Inclusion
The term omitted land includes—
Peggy's Island in lot 1 of sec. 17, T. 16 N., R. 10 W., Louisiana Meridian; and
Hog Island in lot 1 of sec. 29, T. 16 N., R. 10 W., Louisiana Meridian.
Original survey
The term Original Survey means the survey of land surrounding Lake Bistineau, Louisiana, conducted by the General Land Office in 1838 and approved by the Surveyor General on December 8, 1842.
Conveyances
In general
Consistent with the first section of the Act of December 22, 1928 (commonly known as the “Color of Title Act”) (45 Stat. 1069, chapter 47; 43 U.S.C. 1068), except as provided by this section, the Secretary shall convey to the claimant the omitted land, including any mineral interests, that has been held in good faith and in peaceful, adverse possession by a claimant or an ancestor or grantor of the claimant, under claim or color of title, based on the Original Survey.
Confirmation of title
The conveyance or patent of omitted land to a claimant under paragraph (1) shall have the effect of confirming title to the surface and minerals in the claimant and shall not serve as any admission by a claimant.
Payment of costs
In general
Except as provided in paragraph (2), the conveyance required under subsection (b) shall be without consideration.
Condition
As a condition of the conveyance of the omitted land under subsection (b), before making the conveyance, the Secretary shall recover from the State of Louisiana any costs incurred by the Secretary relating to any survey, platting, legal description, or associated activities required to prepare and issue a patent under that subsection.
Map and legal description
As soon as practicable after the date of enactment of this Act, the Secretary shall file, and make available for public inspection in the appropriate offices of the Bureau of Land and Management, the Map and legal descriptions of the omitted land to be conveyed under subsection (b).
Lake Fannin land conveyance
Definitions
In this section:
County
The term County means Fannin County, Texas.
Map
The term map means the map entitled Lake Fannin Conveyance
and dated November 21, 2013.
National Forest System land
The term National Forest System land means the approximately 2,025 acres of National Forest System land generally depicted on the map.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Land conveyance
In general
Subject to the terms and conditions described in paragraph (2), if the County submits to the Secretary an offer to acquire the National Forest System land for the fair market value, as determined by the appraisal under paragraph (3), the Secretary shall convey the National Forest System land to the County.
Terms and conditions
The conveyance under paragraph (1) shall be—
subject to valid existing rights;
made by quitclaim deed; and
subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States.
Appraisal
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal to determine the fair market value of the National Forest System land.
Standards
The appraisal under subparagraph (A) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Map
Availability of map
The map shall be kept on file and available for public inspection in the appropriate office of the Forest Service.
Correction of errors
The Secretary may correct minor errors in the map.
Consideration
As consideration for the conveyance under paragraph (1), the County shall pay to the Secretary an amount equal to the fair market value of the National Forest System land, as determined by the appraisal under paragraph (3).
Survey
The exact acreage and legal description of the National Forest System land to be conveyed under paragraph (1) shall be determined by a survey satisfactory to the Secretary and the County.
Use
As a condition of the conveyance under paragraph (1), the County shall agree to manage the land conveyed under that subsection for public recreational purposes.
Costs of conveyance
As a condition on the conveyance under paragraph (1), the County shall pay to the Secretary all costs associated with the conveyance, including the cost of—
the appraisal under paragraph (3); and
the survey under paragraph (6).
Land conveyance and utility right-of-way, Henry’s Lake Wilderness Study Area, Idaho
Conveyance and right-of-Way authorized
Notwithstanding section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the Secretary may—
convey to the owner of a private residence located at 3787 Valhalla Road in Island Park, Idaho (in this section referred to as the owner
), all right, title, and interest of the United States in and to the approximately 0.5 acres of Federal land in the Henry’s Lake Wilderness Study Area described as lot 14, section 33, Township 16 North, Range 43 East, Boise Meridian, Fremont County, Idaho; and
grant Fall River Electric in Ashton, Idaho, the right to operate, maintain, and rehabilitate a right-of-way encumbering approximately 0.4 acres of Federal land in the Henry’s Lake Wilderness Study Area described as lot 15, section 33, Township 16 North, Range 43 East, Boise Meridian, Fremont County, Idaho, which includes an electric distribution line and access road, 850′ in length, 20′ in width.
Consideration; conditions
Land disposal
The Secretary shall convey the land under subsection (a)(1) in accordance with section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) and part 2711.3–3 of title 43, Code of Federal Regulations. As consideration for the conveyance the owner shall pay to the Secretary an amount equal to the fair market value as valued by a qualified land appraisal and approved by the Appraisal and Valuation Services Office.
Right-of-way
The Secretary shall grant the right-of-way granted under subsection (a)(2) in accordance with section 205 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1715), and part 2800 of title 43, Code of Federal Regulations.
Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance of the land and the grant of the right-of-way under this section as the Secretary considers appropriate to protect the interests of the United States.
Conveyance to Ukpeagvik Inupiat Corporation
In general
Not later than 1 year after the date of enactment of this Act, subject to valid existing rights, the Secretary shall convey to the Ukpeagvik Inupiat Corporation all right, title, and interest held by the United States in and to sand and gravel deposits underlying the surface estate owned by the Ukpeagvik Inupiat Corporation within and contiguous to the Barrow gas fields, and more particularly described as follows:
T. 21 N. R. 16 W., secs. 7, 17–18, 19–21, and 28–29, of the Umiat Meridian.
T. 21 N. R. 17 W., secs. 1–2 and 11–14, of the Umiat Meridian.
T. 22 N. R. 18 W., secs. 4, 9, and 29–32, of the Umiat Meridian.
T. 22 N. R. 19 W., secs. 25 and 36, of the Umiat Meridian.
Entitlement fulfilled
The conveyance under this section shall fulfill the entitlement granted to the Ukpeagvik Inupiat Corporation under section 12(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(a)).
Compliance with Endangered Species Act of 1973
Nothing in this section affects any requirement, prohibition, or exception under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Public purpose conveyance to City of Hyde Park, Utah
In general
Notwithstanding the land use planning requirement of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), on written request by the City of Hyde Park, Utah (referred to in this section as the City
), the Secretary shall convey, without consideration, to the City the parcel of public land described in subsection (b)(1) for public recreation or other public purposes consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act
) (43 U.S.C. 869 et seq.).
Description of land
In general
The parcel of public land referred to in subsection (a) is the approximately 80-acre parcel identified on the map entitled Hyde Park Land Conveyance Act
and dated October 23, 2017.
Availability of map
The map referred to in paragraph (1) shall be on file and available for public inspection in appropriate offices of the Bureau of Land Management.
Survey
The exact acreage and legal description of the land to be conveyed under this section shall be determined by a survey satisfactory to the Secretary.
Conveyance costs
As a condition for the conveyance under this section, all costs associated with the conveyance shall be paid by the City.
Juab County conveyance
Definitions
In this section:
County
The term County
means Juab County, Utah.
Secretary
The term Secretary
means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Nephi Work Center conveyance parcel
The term Nephi Work Center conveyance parcel
means the parcel of approximately 2.17 acres of National Forest System land in the County, located at 740 South Main Street, Nephi, Utah, as depicted as Tax Lot Numbers #XA00–0545–1111 and #XA00–0545–2 on the map entitled Nephi Plat B
and dated May 6, 1981.
Conveyance of Nephi Work Center conveyance parcel, Juab County, Utah
In general
Not later than 1 year after the date on which the Secretary receives a request from the County and subject to valid existing rights and such terms and conditions as are mutually satisfactory to the Secretary and the County, including such additional terms as the Secretary determines to be necessary, the Secretary shall convey to the County without consideration all right, title, and interest of the United States in and to the Nephi Work Center conveyance parcel.
Costs
Any costs relating to the conveyance under paragraph (1), including processing and transaction costs, shall be paid by the County.
Use of land
The land conveyed to the County under paragraph (1) shall be used by the County—
to house fire suppression and fuels mitigation personnel;
to facilitate fire suppression and fuels mitigation activities; and
for infrastructure and equipment necessary to carry out subparagraphs (A) and (B).
Black Mountain Range and Bullhead City land exchange
Definitions
In this section:
City
The term City means Bullhead City, Arizona.
Non-Federal Land
The term non-Federal Land means the approximately 1,100 acres of land owned by Bullhead City in the Black Mountain Range generally depicted as Bullhead City Land to be Exchanged to BLM
on the Map.
Map
The term Map means the map entitled Bullhead City Land Exchange
and dated August 24, 2018.
Federal land
The term Federal land means the approximately 345.2 acres of land in Bullhead City, Arizona, generally depicted as Federal Land to be exchanged to Bullhead City
on the Map.
Land exchange
In general
If after December 15, 2020, the City offers to convey to the Secretary all right, title, and interest of the City in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to the City all right, title, and interest of the United States in and to the Federal land.
Land title
Title to the non-Federal land conveyed to the Secretary under this section shall be in a form acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government.
Exchange costs
The City shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange under this section.
Equal value exchange and appraisals
Appraisals
The values of the lands to be exchanged under this section shall be determined by the Secretary through appraisals performed—
in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practice; and
appraisal instructions issued by the Secretary; and
by an appraiser mutually agreed to by the Secretary and the City.
Equal value exchange
The values of the Federal and non-Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows:
Surplus of Federal land value
If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the City shall reduce the amount of land it is requesting from the Federal Government in order to create an equal value in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). Land that is not exchanged because of equalization under this subparagraph shall remain subject to lease under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act
) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.).
Use of funds
Any cash equalization moneys received by the Secretary under subparagraph (A) shall be—
deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
used in accordance with that Act (43 U.S.C. 2301 et seq.).
Surplus of non-Federal land value
If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to the City, and surplus value of the non-Federal land shall be considered a donation by the City to the United States for all purposes of law.
Withdrawal provisions
Lands acquired by the Secretary under this section are, upon such acquisition, automatically and permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.).
Maps, estimates, and descriptions
Minor errors
The Secretary and the City may, by mutual agreement—
make minor boundary adjustments to the Federal and non-Federal lands involved in the exchange; and
correct any minor errors in any map, acreage estimate, or description of any land to be exchanged.
Conflict
If there is a conflict between a map, an acreage estimate, or a description of land under this section, the map shall control unless the Secretary and the City mutually agree otherwise.
Availability
The Secretary shall file and make available for public inspection in the Arizona headquarters of the Bureau of Land Management a copy of all maps referred to in this section.
Cottonwood land exchange
Definitions
In this section:
County
The term County means Yavapai County, Arizona.
Federal land
The term Federal land means all right, title, and interest of the United States in and to approximately 80 acres of land within the Coconino National Forest, in Yavapai County, Arizona, generally depicted as Coconino National Forest Parcels
on the map.Federal Land
Map
The term map means the map entitled Cottonwood Land Exchange
, with the revision date July 5, 2018\Version 1.
Non-Federal land
The term non-Federal land means the approximately 369 acres of land in Yavapai County, Arizona, generally depicted as Yavapai County Parcels
on the map.Non-Federal Land
Secretary
The term Secretary means the Secretary of Agriculture, unless otherwise specified.
Land exchange
In general
If the County offers to convey to the Secretary all right, title, and interest of the County in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to the County all right, title, and interest of the United States to the Federal land.
Land title
Title to the non-Federal land conveyed to the Secretary under this section shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government.
Exchange costs
The County shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange under this section, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation.
Equal value exchange and appraisals
Appraisals
The values of the lands to be exchanged under this section shall be determined by the Secretary through appraisals performed—
in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practice; and
appraisal instructions issued by the Secretary; and
by an appraiser mutually agreed to by the Secretary and the County.
Equal value exchange
The values of the Federal and non-Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows:
Surplus of Federal land value
If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land, the County shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
Use of funds
Any cash equalization moneys received by the Secretary under subparagraph (A) shall be—
deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act
; 16 U.S.C. 484a); and
made available to the Secretary for the acquisition of land or interests in land in Region 3 of the Forest Service.
Surplus of non-Federal land value
If the final appraised value of the non-Federal land exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to the County, and surplus value of the non-Federal land shall be considered a donation by the County to the United States for all purposes of law.
Withdrawal provisions
Lands acquired by the Secretary under this section are, upon such acquisition, automatically and permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1930 (30 U.S.C. 1001 et seq.).
Management of land
Land acquired by the Secretary under this section shall become part of the Coconino National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System.
Maps, estimates, and descriptions
Minor errors
The Secretary and the County may, by mutual agreement—
make minor boundary adjustments to the Federal and non-Federal lands involved in the exchange; and
correct any minor errors in any map, acreage estimate, or description of any land to be exchanged.
Conflict
If there is a conflict between a map, an acreage estimate, or a description of land under this section, the map shall control unless the Secretary and the County mutually agree otherwise.
Availability
The Secretary shall file and make available for public inspection in the headquarters of the Coconino National Forest a copy of all maps referred to in this section.
Embry-Riddle Tri-City land exchange
Definitions
In this section:
Non-Federal land
The term non-Federal land means the approximately 16-acre parcel of University land identified in section 3(a) of Public Law 105–363 (112 Stat. 3297).
University
The term University means Embry-Riddle Aeronautical University, Florida.
Conveyance of Federal reversionary interest in land located in the county of Yavapai, Arizona
In general
Notwithstanding any other provision of law, if after the completion of the appraisal required under subsection (c), the University submits to the Secretary an offer to acquire the reversionary interests of the United States in and to the non-Federal land, the Secretary shall convey to the University the reversionary interests of the United States in and to the non-Federal land for the purpose of unencumbering the title to the non-Federal land to enable economic development of the non-Federal land.
Legal descriptions
As soon as practicable after the date of enactment of this Act, the exact legal description of the non-Federal land shall be determined in a manner satisfactory to the Secretary.
Additional terms and conditions
The Secretary may require such additional terms and conditions to the conveyance under paragraph (1), consistent with this section, as the Secretary considers appropriate to protect the interests of the United States.
Costs
The University shall pay all costs associated with the conveyance under paragraph (1), including the costs of the appraisal required under subsection (c), the costs of any surveys, recording costs, and other reasonable costs.
Appraisal
In general
Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the reversionary interests of the United States in and to the non-Federal land.
Applicable law
The appraisal shall be completed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Consideration
In general
As consideration for the conveyance of the reversionary interests of the United States in and to the non-Federal land under this section, the University shall pay to the Secretary an amount equal to the appraised value of the interests of the United States, as determined under subsection (c).
Deposit; use
Amounts received under paragraph (1) shall be—
deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
used in accordance with that Act (43 U.S.C. 2301 et seq.).
Public land and National Forest System management
Bolts Ditch access
Access granted
The Secretary of Agriculture shall permit by special use authorization nonmotorized access and use, in accordance with section 293.6 of title 36, Code of Federal Regulations, of the Bolts Ditch Headgate and the Bolts Ditch within the Holy Cross Wilderness, Colorado, as designated by Public Law 96–560 (94 Stat. 3265), for the purposes of the diversion of water and use, maintenance, and repair of such ditch and headgate by the Town of Minturn, Colorado, a Colorado Home Rule Municipality.
Location of facilities
The Bolts Ditch headgate and ditch segment referenced in subsection (a) are as generally depicted on the map entitled Bolts Ditch headgate and Ditch Segment
and dated November 2015.
Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005
Section 104(a)(5) of the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005 (Public Law 109–110; 119 Stat. 2356) is amended by inserting before the period at the end , which, notwithstanding section 102(a)(4)(B), includes the N1/2 NE1⁄4 SW1⁄4 SW1⁄4, the N1⁄2 N1⁄2 SE1⁄4 SW1⁄4, and the N1⁄2 N1⁄2 SW1⁄4 SE1⁄4, sec. 34, Township 22 North, Range 2 East, Gila and Salt River Meridian, Coconino County, Arizona, comprising approximately 25 acres
.
Frank and Jeanne Moore Wild Steelhead Special Management Area
Findings
Congress finds that—
Frank Moore has committed his life to family, friends, his country, and fly fishing;
Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery;
Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon;
as the proprietor of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank Moore, along with his wife Jeanne, shared his love of fishing, the flowing river, and the great outdoors, with visitors from all over the United States and the world;
Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission;
Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame; and
in honor of the many accomplishments of Frank Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the Frank and Jeanne Moore Wild Steelhead Special Management Area
.
Definitions
In this section:
Map
The term Map means the map entitled Frank Moore Wild Steelhead Special Management Area Designation Act
and dated June 23, 2016.
Secretary
The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Special management area
The term Special Management Area
means the Frank and Jeanne Moore Wild Steelhead Special Management Area designated by subsection (c)(1).
State
The term State means the State of Oregon.
Frank and Jeanne Moore Wild Steelhead Special Management Area, Oregon
Designation
The approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the Frank and Jeanne Moore Wild Steelhead Special Management Area
.
Map; legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Special Management Area.
Force of law
The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map and legal description.
Availability
The map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Administration
Subject to valid existing rights, the Special Management Area shall be administered by the Secretary—
in accordance with all laws (including regulations) applicable to the National Forest System; and
in a manner that—
conserves and enhances the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the Special Management Area;
maintains and seeks to enhance the wild salmonid habitat of the Special Management Area;
maintains or enhances the watershed as a thermal refuge for wild salmonids; and
preserves opportunities for recreation, including primitive recreation.
Fish and wildlife
Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
Adjacent management
Nothing in this section—
creates any protective perimeter or buffer zone around the Special Management Area; or
modifies the applicable travel management plan for the Special Management Area.
Wildfire management
Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with the purposes of this section, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant.
Vegetation management
Nothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with—
the purposes described in paragraph (3); and
the applicable forest plan.
Protection of tribal rights
Nothing in this section diminishes any treaty rights of an Indian Tribe.
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by paragraph (1) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Maintenance or replacement of facilities and structures at Smith Gulch
The authorization of the Secretary of Agriculture to maintain or replace facilities or structures for commercial recreation services at Smith Gulch under section 3(a)(24)(D) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(24)(D))—
may include improvements or replacements that the Secretary of Agriculture determines—
are consistent with section 9(b) of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1281 note; Public Law 96–312); and
would reduce the impact of the commercial recreation facilities or services on wilderness or wild and scenic river resources and values; and
authorizes the Secretary of Agriculture to consider including, as appropriate—
hydroelectric generators and associated electrical transmission facilities;
water pumps for fire suppression;
transitions from propane to electrical lighting;
solar energy systems;
6-volt or 12-volt battery banks for power storage; and
other improvements or replacements which are consistent with this section that the Secretary of Agriculture determines appropriate.
Repeal of provision limiting the export of timber harvested from certain Kake Tribal Corporation land
Section 42 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629h) is amended—
by striking subsection (h);
by redesignating subsection (i) as subsection (h); and
in subsection (h) (as so redesignated), in the first sentence, by striking and to provide
and all that follows through subsection (h)
.
Designation of Fowler and Boskoff Peaks
Designation of fowler peak
In general
The 13,498-foot mountain peak, located at 37.8569° N, by −108.0117° W, in the Uncompahgre National Forest in the State of Colorado, shall be known and designated as Fowler Peak
.
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the peak described in paragraph (1) shall be deemed to be a reference to Fowler Peak
.
Designation of boskoff peak
In general
The 13,123-foot mountain peak, located at 37.85549° N, by −108.03112° W, in the Uncompahgre National Forest in the State of Colorado, shall be known and designated as Boskoff Peak
.
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the peak described in paragraph (1) shall be deemed to be a reference to Boskoff Peak
.
Coronado National Forest land conveyance
Definitions
In this section:
Permittee
In general
The term permittee means a person who, on the date of enactment of this Act, holds a valid permit for use of a property.
Inclusions
The term permittee includes any heirs, executors, and assigns of the permittee or interest of the permittee.
Property
The term property means—
the approximately 1.1 acres of National Forest System land in sec. 8, T. 10 S., R. 16 E., Gila and Salt River Meridian, as generally depicted on the map entitled Coronado National Forest Land Conveyance Act of 2017
, special use permit numbered SAN5005–03, and dated October 2017;
the approximately 4.5 acres of National Forest System land in sec. 8, T. 10 S., R. 16 E., Gila and Salt River Meridian, as generally depicted on the map entitled Coronado National Forest Land Conveyance Act of 2017
, special use permit numbered SAN5116–03, and dated October 2017; and
the approximately 3.9 acres of National Forest System land in NW¼, sec. 1, T. 10 S., R. 15 E., Gila and Salt River Meridian, as generally depicted on the map entitled Coronado National Forest Land Conveyance Act of 2017
, special use permit numbered SAN5039–02, and dated October 2017.
Secretary
The term Secretary means the Secretary of Agriculture.
Sale
In general
Subject to valid existing rights, during the period described in paragraph (2), not later than 90 days after the date on which a permittee submits a request to the Secretary, the Secretary shall—
accept tender of consideration from that permittee; and
sell and quitclaim to that permittee all right, title, and interest of the United States in and to the property for which the permittee holds a permit.
Period described
The period referred to in paragraph (1) is the period beginning on the date of enactment of this Act and ending on the date of expiration of the applicable permit.
Terms and conditions
The Secretary may establish such terms and conditions on the sales of the properties under this section as the Secretary determines to be in the public interest.
Consideration
A sale of a property under this section shall be for cash consideration equal to the market value of the property, as determined by the appraisal described in subsection (e).
Appraisal
In general
The Secretary shall complete an appraisal of each property, which shall—
include the value of any appurtenant easements; and
exclude the value of any private improvements made by a permittee of the property before the date of appraisal.
Standards
An appraisal under paragraph (1) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions, established in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.); and
the Uniform Standards of Professional Appraisal Practice.
Costs
The Secretary shall pay—
the cost of a conveyance of a property under this section; and
the cost of an appraisal under subsection (e).
Proceeds from the sale of land
Any payment received by the Secretary from the sale of property under this section shall be deposited in the fund established under Public Law 90–171 (commonly known as the Sisk Act
) (16 U.S.C. 484a) and shall be available to the Secretary until expended for the acquisition of inholdings in national forests in the State of Arizona.
Maps and legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of each property.
Force of law
The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the maps and legal descriptions.
Public availability
The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the office of the Supervisor of the Coronado National Forest.
Deschutes Canyon-Steelhead Falls Wilderness Study Area boundary adjustment, Oregon
Boundary adjustment
The boundary of the Deschutes Canyon-Steelhead Falls Wilderness Study Area is modified to exclude approximately 688 acres of public land, as depicted on the map entitled Deschutes Canyon-Steelhead Falls Wilderness Study Area (WSA) Proposed Boundary Adjustment
and dated September 26, 2018.
Effect of exclusion
In general
The public land excluded from the Deschutes Canyon-Steelhead Falls Wilderness Study Area under subsection (a)—
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with—
this section;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any applicable resource management plan.
Management
The Secretary shall manage the land excluded from the Deschutes Canyon-Steelhead Falls Wilderness Study Area under subsection (a) to improve fire resiliency and forest health, including the conduct of wildfire prevention and response activities, as appropriate.
Off-road recreational motorized use
The Secretary shall not permit off-road recreational motorized use on the public land excluded from the Deschutes Canyon-Steelhead Falls Wilderness Study Area under subsection (a).
Maintenance of Federal mineral leases based on extraction of helium
The first section of the Mineral Leasing Act (30 U.S.C. 181) is amended in the fifth paragraph by inserting after purchaser thereof
the following: , and that extraction of helium from gas produced from such lands shall maintain the lease as if the extracted helium were oil and gas
.
Small miner waivers to claim maintenance fees
Definitions
In this section:
Covered claimholder
The term covered claimholder means—
the claimholder of the claims in the State numbered AA023149, AA023163, AA047913, AA047914, AA047915, AA047916, AA047917, AA047918, and AA047919 (as of December 29, 2004);
the claimholder of the claim in the State numbered FF–059315 (as of December 29, 2004);
the claimholder of the claims in the State numbered FF–58607, FF–58608, FF–58609, FF–58610, FF–58611, FF–58613, FF–58615, FF–58616, FF–58617, and FF–58618 (as of December 31, 2003); and
the claimholder of the claims in the State numbered FF–53988, FF–53989, and FF–53990 (as of December 31, 1987).
Defect
The term defect includes a failure—
to timely file—
a small miner maintenance fee waiver application;
an affidavit of annual labor associated with a small miner maintenance fee waiver application; or
an instrument required under section 314(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(a)); and
to pay the required application fee for a small maintenance fee waiver application.
State
The term State means the State of Alaska.
Treatment of covered claimholders
Notwithstanding section 10101(d) of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f(d)) and section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)), each covered claimholder shall, during the 60-day period beginning on the date on which the covered claimholder receives written notification from the Bureau of Land Management by registered mail of the opportunity, have the opportunity—
to cure any defect in a small miner maintenance fee waiver application (including the failure to timely file a small miner maintenance fee waiver application) for any prior period during which the defect existed; or
to pay any claim maintenance fees due for any prior period during which the defect existed; and
to cure any defect in the filing of any instrument required under section 314(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(a)) (including the failure to timely file any required instrument) for any prior period during which the defect existed.
Reinstatement of claims deemed forfeited
The Secretary shall reinstate any claim of a covered claimholder as of the date declared forfeited and void—
under section 10104 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28i) for failure to pay the claim maintenance fee or obtain a valid waiver under section 10101 of the Omnibus Budget Reconciliation Act of 1993 (30 U.S.C. 28f); or
under section 314(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744(c)) for failure to file any instrument required under section 314(a) of that Act (43 U.S.C. 1744(a)) for any prior period during which the defect existed if the covered claimholder—
cures the defect; or
pays the claim maintenance fee under subsection (b)(1)(B).
Saint Francis Dam Disaster National Memorial and National Monument
Definitions
In this section:
Memorial
The term Memorial means the Saint Francis Dam Disaster National Memorial authorized under subsection (b)(1).
Monument
The term Monument means the Saint Francis Dam Disaster National Monument established by subsection (d)(1).
Secretary
The term Secretary means the Secretary of Agriculture.
State
The term State means the State of California.
Saint Francis Dam Disaster National Memorial
Establishment
The Secretary may establish a memorial at the Saint Francis Dam site in the county of Los Angeles, California, for the purpose of honoring the victims of the Saint Francis Dam disaster of March 12, 1928.
Requirements
The Memorial shall be—
known as the Saint Francis Dam Disaster National Memorial
; and
managed by the Forest Service.
Donations
The Secretary may accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Secretary for purposes of developing, designing, constructing, and managing the Memorial.
Recommendations for Memorial
In general
Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress recommendations regarding—
the planning, design, construction, and long-term management of the Memorial;
the proposed boundaries of the Memorial;
a visitor center and educational facilities at the Memorial; and
ensuring public access to the Memorial.
Consultation
In preparing the recommendations required under paragraph (1), the Secretary shall consult with—
appropriate Federal agencies;
State, Tribal, and local governments, including the Santa Clarita City Council; and
the public.
Establishment of Saint Francis Dam Disaster National Monument
Establishment
There is established as a national monument in the State certain National Forest System land administered by the Secretary in the county of Los Angeles, California, comprising approximately 353 acres, as generally depicted on the map entitled Proposed Saint Francis Dam Disaster National Monument
and dated September 12, 2018, to be known as the Saint Francis Dam Disaster National Monument
.
Purpose
The purpose of the Monument is to conserve and enhance for the benefit and enjoyment of the public the cultural, archaeological, historical, watershed, educational, and recreational resources and values of the Monument.
Duties of the Secretary with respect to Monument
Management plan
In general
Not later than 4 years after the date of enactment of this Act, the Secretary shall develop a management plan for the Monument.
Consultation
The management plan shall be developed in consultation with—
appropriate Federal agencies;
State, Tribal, and local governments; and
the public.
Considerations
In developing and implementing the management plan, the Secretary shall, with respect to methods of protecting and providing access to the Monument, consider the recommendations of the Saint Francis Disaster National Memorial Foundation, the Santa Clarita Valley Historical Society, and the Community Hiking Club of Santa Clarita.
Management
The Secretary shall manage the Monument—
in a manner that conserves and enhances the cultural and historic resources of the Monument; and
in accordance with—
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
the laws generally applicable to the National Forest System;
this section; and
any other applicable laws.
Uses
Use of motorized vehicles
The use of motorized vehicles within the Monument may be permitted only—
on roads designated for use by motorized vehicles in the management plan required under paragraph (1);
for administrative purposes; or
for emergency responses.
Grazing
The Secretary shall permit grazing within the Monument, where established before the date of enactment of this Act—
subject to all applicable laws (including regulations and Executive orders); and
consistent with the purpose described in subsection (d)(2).
No buffer zones
In general
Nothing in this section creates a protective perimeter or buffer zone around the Monument.
Activities outside national monument
The fact that an activity or use on land outside the Monument can be seen or heard within the Monument shall not preclude the activity or use outside the boundary of the Monument.
Clarification on funding
Use of existing funds
This section shall be carried out using amounts otherwise made available to the Secretary.
No additional funds
No additional funds are authorized to be appropriated to carry out this section.
Effect
Nothing in this section affects the operation, maintenance, replacement, or modification of existing water resource, flood control, utility, pipeline, or telecommunications facilities that are located outside the boundary of the Monument, subject to the special use authorities of the Secretary of Agriculture and other applicable laws.
Owyhee Wilderness Areas boundary modifications
Boundary modifications
North Fork Owyhee Wilderness
The boundary of the North Fork Owyhee Wilderness established by section 1503(a)(1)(D) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1033) is modified to exclude certain land, as depicted on—
the Bureau of Land Management map entitled North Fork Owyhee and Pole Creek Wilderness Aerial
and dated July 19, 2016; and
the Bureau of Land Management map entitled North Fork Owyhee River Wilderness Big Springs Camp Zoom Aerial
and dated July 19, 2016.
Owyhee River Wilderness
The boundary of the Owyhee River Wilderness established by section 1503(a)(1)(E) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1033) is modified to exclude certain land, as depicted on—
the Bureau of Land Management map entitled North Fork Owyhee, Pole Creek, and Owyhee River Wilderness Aerial
and dated July 19, 2016;
the Bureau of Land Management map entitled Owyhee River Wilderness Kincaid Reservoir Zoom Aerial
and dated July 19, 2016; and
the Bureau of Land Management map entitled Owyhee River Wilderness Dickshooter Road Zoom Aerial
and dated July 19, 2016.
Pole Creek Wilderness
The boundary of the Pole Creek Wilderness established by section 1503(a)(1)(F) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1033) is modified to exclude certain land, as depicted on—
the Bureau of Land Management map entitled North Fork Owyhee, Pole Creek, and Owyhee River Wilderness Aerial
and dated July 19, 2016; and
the Bureau of Land Management map entitled Pole Creek Wilderness Pullout Zoom Aerial
and dated July 19, 2016.
Maps
Effect
The maps referred to in subsection (a) shall have the same force and effect as if included in this Act, except that the Secretary may correct minor errors in the maps.
Availability
The maps referred to in subsection (a) shall be available in the appropriate offices of the Bureau of Land Management.
Chugach Region land study
Definitions
In this section:
CAC
The term CAC means the Chugach Alaska Corporation.
CAC land
The term CAC land means land conveyed to CAC pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) under which—
both the surface estate and the subsurface estate were conveyed to CAC; or
the subsurface estate was conveyed to CAC; and
the surface estate or a conservation easement in the surface estate was acquired by the State or by the United States as part of the program.
Program
The term program means the Habitat Protection and Acquisition Program of the Exxon Valdez Oil Spill Trustee Council.
Region
The term Region means the Chugach Region, Alaska.
Study
The term study means the study conducted under subsection (b)(1).
Chugach Region land exchange study
In general
Not later than 1 year after the date of enactment of this Act, the Secretary, in coordination with the Secretary of Agriculture and in consultation with CAC, shall conduct a study of land ownership and use patterns in the Region.
Study requirements
The study shall—
assess the social and economic impacts of the program, including impacts caused by split estate ownership patterns created by Federal acquisitions under the program, on—
the Region; and
CAC and CAC land;
identify sufficient acres of accessible and economically viable Federal land that can be offered in exchange for CAC land identified by CAC as available for exchange; and
provide recommendations for land exchange options with CAC that would—
consolidate ownership of the surface and mineral estate of Federal land under the program; and
convey to CAC Federal land identified under subparagraph (B).
Report
Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study, including—
a recommendation on options for 1 or more land exchanges; and
detailed information on—
the acres of Federal land identified for exchange; and
any other recommendations provided by the Secretary.
Wildfire technology modernization
Purpose
The purpose of this section is to promote the use of the best available technology to enhance the effective and cost-efficient response to wildfires—
to meet applicable protection objectives; and
to increase the safety of—
firefighters; and
the public.
Definitions
In this section:
Secretaries
The term Secretaries means—
the Secretary of Agriculture; and
the Secretary.
Secretary concerned
The term Secretary concerned means—
the Secretary of Agriculture, with respect to activities under the Department of Agriculture; and
the Secretary, with respect to activities under the Department of the Interior.
Unmanned aircraft systems
Definitions
In this subsection, the terms unmanned aircraft
and unmanned aircraft system
have the meanings given those terms in section 44801 of title 49, United States Code.
Establishment of program
Not later than 180 days after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Agriculture, shall establish a research, development, and testing program, or expand an applicable existing program, to assess unmanned aircraft system technologies, including optionally piloted aircraft, across the full range of wildland fire management operations in order to accelerate the deployment and integration of those technologies into the operations of the Secretaries.
Expanding use of unmanned aircraft systems on wildfires
In carrying out the program established under paragraph (2), the Secretaries, in coordination with the Federal Aviation Administration, State wildland firefighting agencies, and other relevant Federal agencies, shall enter into an agreement under which the Secretaries shall develop consistent protocols and plans for the use on wildland fires of unmanned aircraft system technologies, including for the development of real-time maps of the location of wildland fires.
Location systems for wildland firefighters
In general
Not later than 2 years after the date of enactment of this Act, subject to the availability of appropriations, the Secretaries, in coordination with State wildland firefighting agencies, shall jointly develop and operate a tracking system (referred to in this subsection as the system
) to remotely locate the positions of fire resources for use by wildland firefighters, including, at a minimum, any fire resources assigned to Federal type 1 wildland fire incident management teams.
Requirements
The system shall—
use the most practical and effective technology available to the Secretaries to remotely track the location of an active resource, such as a Global Positioning System;
depict the location of each fire resource on the applicable maps developed under subsection (c)(3);
operate continuously during the period for which any firefighting personnel are assigned to the applicable Federal wildland fire; and
be subject to such terms and conditions as the Secretary concerned determines necessary for the effective implementation of the system.
Operation
The Secretary concerned shall—
before commencing operation of the system—
conduct not fewer than 2 pilot projects relating to the operation, management, and effectiveness of the system; and
review the results of those pilot projects;
conduct training, and maintain a culture, such that an employee, officer, or contractor shall not rely on the system for safety; and
establish procedures for the collection, storage, and transfer of data collected under this subsection to ensure—
data security; and
the privacy of wildland fire personnel.
Wildland fire decision support
Protocol
To the maximum extent practicable, the Secretaries shall ensure that wildland fire management activities conducted by the Secretaries, or conducted jointly by the Secretaries and State wildland firefighting agencies, achieve compliance with applicable incident management objectives in a manner that—
minimizes firefighter exposure to the lowest level necessary; and
reduces overall costs of wildfire incidents.
Wildfire decision support system
In general
The Secretaries, in coordination with State wildland firefighting agencies, shall establish a system or expand an existing system to track and monitor decisions made by the Secretaries or State wildland firefighting agencies in managing wildfires.
Components
The system established or expanded under subparagraph (A) shall be able to alert the Secretaries if—
unusual costs are incurred;
an action to be carried out would likely—
endanger the safety of a firefighter; or
be ineffective in meeting an applicable suppression or protection goal; or
a decision regarding the management of a wildfire deviates from—
an applicable protocol established by the Secretaries, including the requirement under paragraph (1); or
an applicable spatial fire management plan or fire management plan of the Secretary concerned.
Smoke projections from active wildland fires
The Secretaries shall establish a program, to be known as the Interagency Wildland Fire Air Quality Response Program
, under which the Secretary concerned—
to the maximum extent practicable, shall assign 1 or more air resource advisors to a type 1 incident management team managing a Federal wildland fire; and
may assign 1 or more air resource advisors to a type 2 incident management team managing a wildland fire.
Firefighter injuries database
In general
Section 9(a) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208(a)) is amended—
in paragraph (2), by inserting , categorized by the type of fire
after such injuries and deaths
; and
in paragraph (3), by striking activities;
and inserting the following: “activities, including—
all injuries sustained by a firefighter and treated by a doctor, categorized by the type of firefighter;
all deaths sustained while undergoing a pack test or preparing for a work capacity;
all injuries or deaths resulting from vehicle accidents; and
all injuries or deaths resulting from aircraft crashes;
.
Use of existing data gathering and analysis organizations
Section 9(b)(3) of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208(b)(3)) is amended by inserting , including the Center for Firefighter Injury Research and Safety Trends
after public and private
.
Medical privacy of firefighters
Section 9 of the Federal Fire Prevention and Control Act of 1974 (15 U.S.C. 2208) is amended by adding at the end the following:
Medical privacy of firefighters
The collection, storage, and transfer of any medical data collected under this section shall be conducted in accordance with—
the privacy regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note; Public Law 104–191); and
other applicable regulations, including parts 160, 162, and 164 of title 45, Code of Federal Regulations (as in effect on the date of enactment of this subsection).
.
Rapid response erosion database
In general
The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration and the Secretary of Commerce, shall establish and maintain a database, to be known as the Rapid Response Erosion Database
(referred to in this subsection as the Database
).
Open-source database
Availability
The Secretaries shall make the Database (including the original source code)—
web-based; and
available without charge.
Components
To the maximum extent practicable, the Database shall provide for—
the automatic incorporation of spatial data relating to vegetation, soils, and elevation into an applicable map created by the Secretary concerned that depicts the changes in land-cover and soil properties caused by a wildland fire; and
the generation of a composite map that can be used by the Secretary concerned to model the effectiveness of treatments in the burned area to prevent flooding, erosion, and landslides under a range of weather scenarios.
Use
The Secretary concerned shall use the Database, as applicable, in developing recommendations for emergency stabilization treatments or modifications to drainage structures to protect values-at-risk following a wildland fire.
Coordination
The Secretaries may share the Database, and any results generated in using the Database, with any State or unit of local government.
Predicting where wildfires will start
In general
The Secretaries, in consultation with the Administrator of the National Aeronautics and Space Administration, the Secretary of Energy, and the Secretary of Commerce, through the capabilities and assets located at the National Laboratories, shall establish and maintain a system to predict the locations of future wildfires for fire-prone areas of the United States.
Cooperation; components
The system established under paragraph (1) shall be based on, and seek to enhance, similar systems in existence on the date of enactment of this Act, including the Fire Danger Assessment System.
Use in forecasts
Not later than 1 year after the date of enactment of this Act, the Secretaries shall use the system established under paragraph (1), to the maximum extent practicable, for purposes of developing any wildland fire potential forecasts.
Coordination
The Secretaries may share the system established under paragraph (1), and any results generated in using the system, with any State or unit of local government.
Termination of authority
The authority provided by this section terminates on the date that is 10 years after the date of enactment of this Act.
Savings Clause
Nothing in this section—
requires the Secretary concerned to establish a new program, system, or database to replace an existing program, system, or database that meets the objectives of this section; or
precludes the Secretary concerned from using existing or future technology that—
is more efficient, safer, or better meets the needs of firefighters, other personnel, or the public; and
meets the objectives of this section.
McCoy Flats Trail System
Definitions
In this section:
County
The term County
means Uintah County, Utah.
Decision Record
The term Decision Record means the Decision Record prepared by the Bureau of Land Management for the Environmental Assessment for the McCoy Flats Trail System numbered DOI–BLM–G010–2012–0057 and dated October 2012.
State
The term State
means the State of Utah.
Trail system
The term Trail System means the McCoy Flats Trail System established by subsection (b)(1).
Establishment
In general
Subject to valid existing rights, there is established the McCoy Flats Trail System in the State.
Area included
The Trail System shall include public land administered by the Bureau of Land Management in the County, as described in the Decision Record.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Trail System.
Availability; transmittal to Congress
The map and legal description prepared under paragraph (1) shall be—
available in appropriate offices of the Bureau of Land Management; and
transmitted by the Secretary to—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
Force and effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical or typographical errors in the map and legal description.
Administration
The Secretary shall administer the Trail System in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
other applicable law.
Management plan
In general
Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation and coordination with the County and affected Indian Tribes, shall prepare a management plan for the Trail System.
Public comment
The management plan shall be developed with opportunities for public comment.
Interim management
Until the completion of the management plan, the Trail System shall be administered in accordance with the Decision Record.
Recreational opportunities
In developing the management plan, the Secretary shall seek to provide for new mountain bike route and trail construction to increase recreational opportunities within the Trail System, consistent with this section.
Uses
The Trail System shall be used for nonmotorized mountain bike recreation, as described in the Decision Record.
Acquisition
In general
On the request of the State, the Secretary shall seek to acquire State land, or interests in State land, located within the Trail System by purchase from a willing seller or exchange.
Administration of acquired land
Any land acquired under this subsection shall be administered as part of the Trail System.
Fees
No fees shall be charged for access to, or use of, the Trail System and associated parking areas.
Technical corrections to certain laws relating to Federal land in the State of Nevada
Amendment to conveyance of Federal land in Storey County, Nevada
Section 3009(d) of the Carl Levin and Howard P. Buck
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3751) is amended—
in paragraph (1)—
by striking subparagraphs (B) through (D) and redesignating subparagraph (E) as subparagraph (D); and
by inserting after subparagraph (A) the following:
Federal land
The term Federal land
means the land generally depicted as Federal land
on the map.
Map
The term map
means the map entitled Storey County Land Conveyance
and dated June 6, 2018.
.
in paragraph (3)—
in subparagraph (A)(i), by striking after completing the mining claim validity review under paragraph (2)(B), if requested by the County,
; and
in subparagraph (B)—
in clause (i)—
in the matter preceding subclause (I), by striking each parcel of land located in a mining townsite
and inserting any Federal land
;
in subclause (I), by striking mining townsite
and inserting Federal land
; and
in subclause (II), by striking mining townsite (including improvements to the mining townsite), as identified for conveyance on the map
and inserting Federal land (including improvements)
;
by striking clause (ii);
by striking the subparagraph designation and heading and all that follows through With respect
in the matter preceding subclause (I) of clause (i) and inserting the following:
Valid mining claims
With respect
; and
by redesignating subclauses (I) and (II) as clauses (i) and (ii), respectively, and indenting appropriately;
in paragraph (4)(A), by striking a mining townsite conveyed under paragraph (3)(B)(i)(II)
and inserting Federal land conveyed under paragraph (2)(B)(ii)
;
in paragraph (5), by striking a mining townsite under paragraph (3)
and inserting Federal land under paragraph (2)
;
in paragraph (6), in the matter preceding subparagraph (A), by striking mining townsite
and inserting Federal land
;
in paragraph (7), by striking A mining townsite to be conveyed by the United States under paragraph (3)
and inserting The exterior boundary of the Federal land to be conveyed by the United States under paragraph (2)
;
in paragraph (9)—
by striking a mining townsite under paragraph (3)
and inserting the Federal land under paragraph (2)
; and
by striking the mining townsite
and inserting the Federal land
;
in paragraph (10), by striking the examination
and all that follows through the period at the end and inserting the conveyance under paragraph (2) should be completed by not later than 18 months after the date of enactment of the John D. Dingell, Jr. Conservation, Management, and Recreation Act.
;
by striking paragraphs (2) and (8);
by redesignating paragraphs (3) through (7) and (9) and (10) as paragraphs (2) through (6) and (7) and (8) respectively; and
by adding at the end the following:
Availability of map
The map shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
.
Modification of utility corridor
The Secretary shall realign the utility corridor established by section 301(a) of the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2412) to be aligned as generally depicted on the map entitled Proposed LCCRDA Utility Corridor Realignment
and dated March 14, 2017, by modifying the map entitled Lincoln County Conservation, Recreation, and Development Act
(referred to in this subsection as the Map
) and dated October 1, 2004, by—
removing the utility corridor from sections 5, 6, 7, 8, 9, 10, 11, 14, and 15, T. 7 N., R. 68 E., of the Map; and
redesignating the utility corridor so as to appear on the Map in—
sections 31, 32, and 33, T. 8 N., R. 68 E.;
sections 4, 5, 6, and 7, T. 7 N., R. 68 E.; and
sections 1 and 12, T. 7 N., 67 E.
Final corrective patent in Clark County, Nevada
Validation of patent
Patent number 27–2005–0081, issued by the Bureau of Land Management on February 18, 2005, is affirmed and validated as having been issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100–275; 102 Stat. 52), the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) for the benefit of the desert tortoise, other species, and the habitat of the desert tortoise and other species to increase the likelihood of the recovery of the desert tortoise and other species.
Ratification of reconfiguration
The process used by the United States Fish and Wildlife Service and the Bureau of Land Management in reconfiguring the land described in paragraph (1), as depicted on Exhibit 1–4 of the Final Environmental Impact Statement for the Planned Development Project MSHCP, Lincoln County, NV (FWS–R8–ES–2008–N0136), and the reconfiguration provided for in special condition 10 of the Corps of Engineers Permit No. 000005042, are ratified.
Issuance of corrective patent in Lincoln County, Nevada
In general
The Secretary, acting through the Director of the Bureau of Land Management, may issue a corrective patent for the 7,548 acres of land in Lincoln County, Nevada, depicted on the map prepared by the Bureau of Land Management entitled Proposed Lincoln County Land Reconfiguration
and dated January 28, 2016.
Applicable law
A corrective patent issued under paragraph (1) shall be treated as issued pursuant to, and in compliance with, the Nevada-Florida Land Exchange Authorization Act of 1988 (Public Law 100–275; 102 Stat. 52).
Conveyance to Lincoln County, Nevada, to support a landfill
In general
As soon as practicable after the date of enactment of this Act, and subject to valid existing rights, at the request of Lincoln County, Nevada, the Secretary shall convey without consideration under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act
) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.), to Lincoln County all right, title and interest of the United States in and to approximately 400 acres of land in Lincoln County, Nevada, more particularly described as follows: T. 11 S., R. 62, E., Section 25 E ½ of W ½; and W ½ of E ½; and E ½ of SE 1/4.
Reservation
The Secretary shall reserve to the United States the mineral estate in any land conveyed under paragraph (1).
Use of conveyed land
The land conveyed under paragraph (1) shall be used by Lincoln County, Nevada, to provide a suitable location for the establishment of a centralized landfill and to provide a designated area and authorized facilities to discourage unauthorized dumping and trash disposal on environmentally-sensitive public land. Lincoln County may not dispose of the land conveyed under paragraph (1).
Reversion
If Lincoln County, Nevada, ceases to use any parcel of land conveyed under paragraph (1) for the purposes described in paragraph (3)—
title to the parcel shall revert to the Secretary, at the option of the Secretary; and
Lincoln County shall be responsible for any reclamation necessary to restore the parcel to a condition acceptable to the Secretary.
Mt. Moriah Wilderness, High Schells Wilderness, and Arc Dome Wilderness boundary adjustments
Amendments to the Pam White Wilderness Act of 2006
Section 323 of the Pam White Wilderness Act of 2006 (16 U.S.C. 1132 note; 120 Stat. 3031) is amended by striking subsection (e) and inserting the following:
Mt. Moriah Wilderness adjustment
The boundary of the Mt. Moriah Wilderness established under section 2(13) of the Nevada Wilderness Protection Act of 1989 (16 U.S.C. 1132 note) is adjusted to include—
the land identified as the Mount Moriah Wilderness Area
and Mount Moriah Additions
on the map entitled Eastern White Pine County
and dated November 29, 2006; and
the land identified as NFS Lands
on the map entitled Proposed Wilderness Boundary Adjustment Mt. Moriah Wilderness Area
and dated January 19, 2017.
High Schells Wilderness adjustment
The boundary of the High Schells Wilderness established under subsection (a)(11) is adjusted—
to include the land identified as Include as Wilderness
on the map entitled McCoy Creek Adjustment
and dated November 3, 2014; and
to exclude the land identified as NFS Lands
on the map entitled Proposed Wilderness Boundary Adjustment High Schells Wilderness Area
and dated January 19, 2017.
.
Amendments to the Nevada Wilderness Protection Act of 1989
The Nevada Wilderness Protection Act of 1989 (Public Law 101–195; 16 U.S.C. 1132 note) is amended by adding at the end the following:
Arc Dome Boundary adjustment
The boundary of the Arc Dome Wilderness established under section 2(2) is adjusted to exclude the land identified as Exclude from Wilderness
on the map entitled Arc Dome Adjustment
and dated November 3, 2014.
.
Ashley Karst National Recreation and Geologic Area
Definitions
In this section:
Management Plan
The term Management Plan
means the management plan for the Recreation Area prepared under subsection (e)(2)(A).
Map
The term Map
means the map entitled Northern Utah Lands Management Act-Overview
and dated February 4, 2019.
Recreation Area
The term Recreation Area means the Ashley Karst National Recreation and Geologic Area established by subsection (b)(1).
Secretary
The term Secretary means the Secretary of Agriculture.
State
The term State
means the State of Utah.
Establishment
In general
Subject to valid existing rights, there is established the Ashley Karst National Recreation and Geologic Area in the State.
Area included
The Recreation Area shall consist of approximately 173,475 acres of land in the Ashley National Forest, as generally depicted on the Map.
Purposes
The purposes of the Recreation Area are to conserve and protect the watershed, geological, recreational, wildlife, scenic, natural, cultural, and historic resources of the Recreation Area.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a map and legal description of the Recreation Area.
Effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.
Availability
A copy of the map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Administration
In general
The Secretary shall administer the Recreation Area in accordance with—
the laws generally applicable to the National Forest System, including the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.);
this section; and
any other applicable law.
Management plan
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall prepare a management plan for the Recreation Area.
Consultation
The Secretary shall—
prepare the management plan in consultation and coordination with Uintah County, Utah, and affected Indian Tribes; and
provide for public input in the preparation of the management plan.
Uses
The Secretary shall only allow such uses of the Recreation Area that would—
further the purposes for which the Recreation Area is established; and
promote the long-term protection and management of the watershed and underground karst system of the Recreation Area.
Motorized vehicles
In general
Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Recreation Area shall be permitted only on roads and motorized routes designated in the Management Plan for the use of motorized vehicles.
New roads
No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Recreation Area after the date of enactment of this Act.
Existing roads
In general
Necessary maintenance or repairs to existing roads designated in the Management Plan for the use of motorized vehicles, including necessary repairs to keep existing roads free of debris or other safety hazards, shall be permitted after the date of enactment of this Act, consistent with the requirements of this section.
Rerouting
Nothing in this subsection prevents the Secretary from rerouting an existing road or trail to protect Recreation Area resources from degradation, or to protect public safety, as determined to be appropriate by the Secretary.
Over snow vehicles
In General
Nothing in this section prohibits the use of snowmobiles and other over snow vehicles within the Recreation Area.
Winter Recreation Use Plan
Not later than 2 years after the date of enactment of this Act, the Secretary shall undertake a winter recreation use planning process, which shall include opportunities for use by snowmobiles or other over snow vehicles in appropriate areas of the Recreation Area.
Applicable law
Activities authorized under this subsection shall be consistent with the applicable forest plan and travel management plan for, and any law (including regulations) applicable to, the Ashley National Forest.
Water infrastructure
Existing access
The designation of the Recreation Area shall not affect the ability of authorized users to access, operate, and maintain water infrastructure facilities within the Recreation Area in accordance with applicable authorizations and permits.
Cooperative agreements
In general
The Secretary shall offer to enter into a cooperative agreement with authorized users and local governmental entities to provide, in accordance with any applicable law (including regulations)—
access, including motorized access, for repair and maintenance to water infrastructure facilities within the Recreation Area, including Whiterocks Reservoir, subject to such terms and conditions as the Secretary determines to be necessary; and
access and maintenance by authorized users and local governmental entities for the continued delivery of water to the Ashley Valley if water flows cease or become diminished due to impairment of the karst system, subject to such terms and conditions as the Secretary determines to be necessary.
Grazing
The grazing of livestock in the Recreation Area, where established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
applicable law (including regulations);
the purposes of the Recreation Area; and
the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).
Fish and wildlife
Nothing in this section affects the jurisdiction of the State with respect to the management of fish and wildlife on Federal land in the State.
Wildlife water projects
The Secretary, in consultation with the State, may authorize wildlife water projects (including guzzlers) within the Recreation Area.
Water rights
Nothing in this section—
constitutes an express or implied reservation by the United States of any water rights with respect to the Recreation Area;
affects any water rights in the State;
affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;
affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
affects any interstate water compact in existence on the date of enactment of this Act; or
shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.
Withdrawal
Subject to valid existing rights, all Federal land in the Recreation Area is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Vegetation management
Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the Recreation Area for the purposes of improving water quality and reducing risks from wildfire.
Wildland fire operations
Nothing in this section prohibits the Secretary, in consultation with other Federal, State, local, and Tribal agencies, as appropriate, from conducting wildland fire treatment operations or restoration operations in the Recreation Area, consistent with the purposes of this section.
Recreation fees
Except for fees for improved campgrounds, the Secretary is prohibited from collecting recreation entrance or recreation use fees within the Recreation Area.
Communication infrastructure
Nothing in this section affects the continued use of, and access to, communication infrastructure (including necessary upgrades) within the Recreation Area, in accordance with applicable authorizations and permits.
Non-federal land
In general
Nothing in this section affects non-Federal land or interests in non-Federal land within the Recreation Area.
Access
The Secretary shall provide reasonable access to non-Federal land or interests in non-Federal land within the Recreation Area.
Outfitting and guide activities
Outfitting and guide services within the Recreation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations).
John Wesley Powell National Conservation Area
Definitions
In this section:
Map
The term Map means the Bureau of Land Management map entitled Proposed John Wesley Powell National Conservation Area
and dated December 10, 2018.
National Conservation Area
The term National Conservation Area means the John Wesley Powell National Conservation Area established by subsection (b)(1).
Establishment
In general
Subject to valid existing rights, there is established the John Wesley Powell National Conservation Area in the State of Utah.
Area included
The National Conservation Area shall consist of approximately 29,868 acres of public land administered by the Bureau of Land Management as generally depicted on the Map.
Purposes
The purposes of the National Conservation Area are to conserve, protect, and enhance for the benefit of present and future generations the nationally significant historic, cultural, natural, scientific, scenic, recreational, archaeological, educational, and wildlife resources of the National Conservation Area.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and file a map and legal description of the National Conservation Area with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives.
Effect
The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the map or legal description.
Availability
A copy of the map and legal description shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Management
The Secretary shall manage the National Conservation Area—
in a manner that conserves, protects, and enhances the resources of the National Conservation Area;
in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable law; and
as a component of the National Landscape Conservation System.
Management plan
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a management plan for the National Conservation Area.
Consultation
The Secretary shall prepare the management plan—
in consultation and coordination with the State of Utah, Uintah County, and affected Indian Tribes; and
after providing for public input.
Uses
The Secretary shall only allow such uses of the National Conservation Area as the Secretary determines would further the purposes for which the National Conservation is established.
Acquisition
In general
The Secretary may acquire land or interests in land within the boundaries of the National Conservation Area by purchase from a willing seller, donation, or exchange.
Incorporation in national conservation area
Any land or interest in land located inside the boundary of the National Conservation Area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the National Conservation Area.
State land
On request of the Utah School and Institutional Trust Lands Administration and, if practicable, not later than 5 years after the date of enactment of this Act, the Secretary shall seek to acquire all State-owned land within the boundaries of the National Conservation Area by exchange or purchase, subject to the appropriation of necessary funds.
Motorized vehicles
In general
Subject to paragraph (2), except in cases in which motorized vehicles are needed for administrative purposes or to respond to an emergency, the use of motorized vehicles in the National Conservation Area shall be permitted only on roads designated in the management plan.
Use of motorized vehicles prior to completion of management plan
Prior to completion of the management plan, the use of motorized vehicles within the National Conservation Area shall be permitted in accordance with the applicable Bureau of Land Management resource management plan.
Grazing
The grazing of livestock in the National Conservation Area, where established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
applicable law (including regulations);
the purposes of the National Conservation Area; and
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).
Fish and wildlife
Nothing in this section affects the jurisdiction of the State of Utah with respect to the management of fish and wildlife on Federal land in the State.
Wildlife water projects
The Secretary, in consultation with the State of Utah, may authorize wildlife water projects (including guzzlers) within the National Conservation Area.
Greater sage-grouse conservation projects
Nothing in this section affects the authority of the Secretary to undertake Greater sage-grouse (Centrocercus urophasianus) conservation projects to maintain and improve Greater sage-grouse habitat, including the management of vegetation through mechanical means, to further the purposes of the National Conservation Area.
Water rights
Nothing in this section—
constitutes an express or implied reservation by the United States of any water rights with respect to the National Conservation Area;
affects any water rights in the State;
affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;
affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the United States;
affects any interstate water compact in existence on the date of enactment of this Act; or
shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act.
No buffer zones
In general
Nothing in this section creates a protective perimeter or buffer zone around the National Conservation Area.
Activities outside National Conservation Area
The fact that an authorized activity or use on land outside the National Conservation Area can be seen or heard within the National Conservation Area shall not preclude the activity or use outside the boundary of the Area.
Withdrawal
In general
Subject to valid existing rights, all Federal land in the National Conservation Area (including any land acquired after the date of enactment of this Act) is withdrawn from—
all forms of entry, appropriation, and disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Vegetation management
Nothing in this section prevents the Secretary from conducting vegetation management projects, including fuels reduction activities, within the National Conservation Area that are consistent with this section and that further the purposes of the National Conservation Area.
Wildland fire operations
Nothing in this section prohibits the Secretary, in consultation with other Federal, State, local, and Tribal agencies, as appropriate, from conducting wildland fire prevention and restoration operations in the National Conservation Area, consistent with the purposes of this section.
Recreation fees
Except for improved campgrounds, the Secretary is prohibited from collecting recreation entrance or use fees within the National Conservation Area.
Outfitting and guide activities
Outfitting and guide services within the National Conservation Area, including commercial outfitting and guide services, are authorized in accordance with this section and other applicable law (including regulations).
Non-federal land
In general
Nothing in this section affects non-Federal land or interests in non-Federal land within the National Conservation Area.
Reasonable access
The Secretary shall provide reasonable access to non-Federal land or interests in non-Federal land within the National Conservation Area.
Research and interpretive management
The Secretary may establish programs and projects for the conduct of scientific, historical, cultural, archeological, and natural studies through the use of public and private partnerships that further the purposes of the National Conservation Area.
Alaska Native Vietnam era veterans land allotment
Definitions
In this section:
Available federal land
In general
The term available Federal land means Federal land in the State that—
is vacant, unappropriated, and unreserved and is identified as available for selection under subsection (b)(5); or
has been selected by, but not yet conveyed to—
the State, if the State agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual; or
a Regional Corporation or a Village Corporation, if the Regional Corporation or Village Corporation agrees to voluntarily relinquish the selection of the Federal land for selection by an eligible individual.
Exclusions
The term available Federal land does not include any Federal land in the State that is—
a right-of-way of the TransAlaska Pipeline; or
an inner or outer corridor of such a right-of-way;
withdrawn or acquired for purposes of the Armed Forces;
under review for a pending right-of-way for a natural gas corridor;
within the Arctic National Wildlife Refuge;
within a unit of the National Forest System;
designated as wilderness by Congress;
within a unit of the National Park System, a National Preserve, or a National Monument;
within a component of the National Trails System;
within a component of the National Wild and Scenic Rivers System; or
within the National Petroleum Reserve–Alaska.
Eligible individual
The term eligible individual means an individual who, as determined by the Secretary in accordance with subsection (c)(1), is—
a Native veteran—
who served in the Armed Forces during the period between August 5, 1964, and December 31, 1971; and
has not received an allotment made pursuant to—
the Act of May 17, 1906 (34 Stat. 197, chapter 2469) (as in effect on December 17, 1971);
section 14(h)(5) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(5)); or
section 41 of the Alaska Native Claims Settlement Act (43 U.S.C. 1629g); or
is the personal representative of the estate of a deceased eligible individual described in subparagraph (A), who has been duly appointed in the appropriate Alaska State court or a registrar has qualified, acting for the benefit of the heirs of the estate of a deceased eligible individual described in subparagraph (A).
Native; regional corporation; village corporation
The terms Native
, Regional Corporation
, and Village Corporation
have the meanings given those terms in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602).
State
The term State means the State of Alaska.
Veteran
The term veteran has the meaning given the term in section 101 of title 38, United States Code.
Allotments for eligible individuals
Information to determine eligibility
In general
Not later than 180 days after the date of enactment of this Act, the Secretary of Defense, in coordination with the Secretary of Veterans Affairs, shall provide to the Secretary a list of all members of the Armed Forces who served during the period between August 5, 1964, and December 31, 1971.
Use
The Secretary shall use the information provided under subparagraph (A) to determine whether an individual meets the military service requirements under subsection (a)(2)(A)(i).
Outreach and assistance
The Secretary, in coordination with the Secretary of Veterans Affairs, shall conduct outreach, and provide assistance in applying for allotments, to eligible individuals.
Regulations
Not later than 18 months after the date of enactment of this section, the Secretary shall promulgate regulations to carry out this subsection.
Selection by eligible individuals
In general
An eligible individual—
may select 1 parcel of not less than 2.5 acres and not more than 160 acres of available Federal land; and
on making a selection pursuant to clause (i), shall submit to the Secretary an allotment selection application for the applicable parcel of available Federal land.
Selection period
An eligible individual may apply for an allotment during the 5-year period beginning on the effective date of the final regulations issued under paragraph (2).
Conflicting selections
If 2 or more eligible individuals submit to the Secretary an allotment selection application under paragraph (3)(A)(ii) for the same parcel of available Federal land, the Secretary shall—
give preference to the selection application received on the earliest date; and
provide to each eligible individual the selection application of whom is rejected under subparagraph (A) an opportunity to select a substitute parcel of available Federal land.
Identification of available federal land administered by the bureau of land management
In general
Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the State, Regional Corporations, and Village Corporations, shall identify Federal land administered by the Bureau of Land Management as available Federal land for allotment selection in the State by eligible individuals.
Certification; survey
The Secretary shall—
certify that the available Federal land identified under subparagraph (A) is free of known contamination; and
survey the available Federal land identified under subparagraph (A) into aliquot parts and lots, segregating all navigable and meanderable waters and land not available for allotment selection.
Maps
As soon as practicable after the date on which available Federal land is identified under subparagraph (A), the Secretary shall submit to Congress, and publish in the Federal Register, 1 or more maps depicting the identified available Federal land.
Conveyances
Any available Federal land conveyed to an eligible individual under this paragraph shall be subject to—
valid existing rights; and
the reservation of minerals to the United States.
Intent of congress
It is the intent of Congress that not later than 1 year after the date on which an eligible individual submits an allotment selection application for available Federal land that meets the requirements of this section, as determined by the Secretary, the Secretary shall issue to the eligible individual a certificate of allotment with respect to the available Federal land covered by the allotment selection application, subject to the requirements of subparagraph (D).
Identification of available federal land in units of the national wildlife refuge system
Report
Not later than 1 year after the date of enactment of this Act, the Secretary shall—
conduct a study to determine whether any additional Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment selection; and
report the findings and conclusions of the study to Congress.
Content of the report
The Secretary shall include in the report required under paragraph (1)—
the Secretary’s determination whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment selection by eligible individuals; and
identification of the specific areas (including maps) within units of the National Wildlife Refuge System in the State that the Secretary determines should be made available, consistent with the mission of the National Wildlife Refuge System and the specific purposes for which the unit was established, and this subsection.
Factors to be considered
In determining whether Federal lands within units of the National Wildlife Refuge System in the State should be made available under paragraph (1)(A), the Secretary shall take into account—
the proximity of the Federal land made available for allotment selection under subsection (b)(5) to eligible individuals;
the proximity of the units of the National Wildlife Refuge System in the State to eligible individuals; and
the amount of additional Federal land within units of the National Wildlife Refuge System in the State that the Secretary estimates would be necessary to make allotments available for selection by eligible individuals.
Identifying federal land in units of the national wildlife refuge system
In identifying whether Federal lands within units of the National Wildlife Refuge System in the State should be made available for allotment under paragraph (2)(B), the Secretary shall not identify any Federal land in a unit of the National Wildlife Refuge System—
the conveyance of which, independently or as part of a group of allotments—
could significantly interfere with biological, physical, cultural, scenic, recreational, natural quiet, or subsistence values of the unit of the National Wildlife Refuge System;
could obstruct access by the public or the Fish and Wildlife Service to the resource values of the unit;
could trigger development or future uses in an area that would adversely affect resource values of the surrounding National Wildlife Refuge System land;
could open an area of a unit to new access and uses that adversely affect resources values of the unit; or
could interfere with the management plan of the unit;
that is located within 300 feet from the shore of a navigable water body;
that is not consistent with the purposes for which the unit of the National Wildlife Refuge System was established;
that is designated as wilderness by Congress; or
that is within the Arctic National Wildlife Refuge.
Limitation
No Federal land may be identified for selection or made available for allotment within a unit of the National Wildlife Refuge System unless it has been authorized by an Act of Congress subsequent to the date of enactment of this Act. Further, any proposed conveyance of land within a unit of the National Wildlife Refuge System must have been identified by the Secretary in accordance with subsection (c)(4) in the report to Congress required by subsection (c) and include patent provisions that the land remains subject to the laws and regulations governing the use and development of the Refuge.
Red River gradient boundary survey
Definitions
In this section:
Affected area
In general
The term affected area means land along the approximately 116-mile stretch of the Red River, from its confluence with the north fork of the Red River on the west to the 98th meridian on the east.
Exclusions
The term affected area does not include the portion of the Red River within the boundary depicted on the survey prepared by the Bureau of Land Management entitled Township 5 South, Range 14 West, of the Indian Meridian, Oklahoma, Dependent Resurvey and Survey
and dated February 28, 2006.
Gradient boundary survey method
The term gradient boundary survey method means the measurement technique used to locate the South Bank boundary line in accordance with the methodology established in Oklahoma v. Texas, 261 U.S. 340 (1923) (recognizing that the boundary line along the Red River is subject to change due to erosion and accretion).
Landowner
The term landowner means any individual, group, association, corporation, federally recognized Indian tribe or member of such an Indian tribe, or other private or governmental legal entity that owns an interest in land in the affected area.
Secretary
The term Secretary means the Secretary, acting through the Director of the Bureau of Land Management.
South bank
The term South Bank means the water-washed and relatively permanent elevation or acclivity (commonly known as a cut bank
) along the southerly or right side of the Red River that—
separates the bed of that river from the adjacent upland, whether valley or hill; and
usually serves, as specified in the fifth paragraph of Oklahoma v. Texas, 261 U.S. 340 (1923)—
to confine the waters within the bed; and
to preserve the course of the river.
South bank boundary line
The term South Bank boundary line means the boundary, with respect to title and ownership, between the States of Oklahoma and Texas identified through the gradient boundary survey method that does not impact or alter the permanent political boundary line between the States along the Red River, as outlined under article II, section B of the Red River Boundary Compact enacted by the States and consented to by Congress pursuant to Public Law 106–288 (114 Stat. 919).
Survey of south bank boundary line
Survey required
In general
The Secretary shall commission a survey to identify the South Bank boundary line in the affected area.
Requirements
The survey shall—
adhere to the gradient boundary survey method;
span the length of the affected area;
be conducted by 1 or more independent third-party surveyors that are—
licensed and qualified to conduct official gradient boundary surveys; and
selected by the Secretary, in consultation with—
the Texas General Land Office;
the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma; and
each affected federally recognized Indian Tribe; and
subject to the availability of appropriations, be completed not later than 2 years after the date of enactment of this Act.
Approval of the boundary survey
In general
Not later than 60 days after the date on which the survey or a portion of the survey under paragraph (1)(A) is completed, the Secretary shall submit the survey for approval to—
the Texas General Land Office;
the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma; and
each affected federally recognized Indian Tribe.
Timing of approval
Not later than 60 days after the date on which each of the Texas General Land Office, the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma, and each affected federally recognized Indian Tribe notify the Secretary of the approval of the boundary survey or a portion of the survey by the applicable office or federally recognized Indian Tribe, the Secretary shall determine whether to approve the survey or portion of the survey, subject to subparagraph (D).
Submission of portions of survey for approval
As portions of the survey are completed, the Secretary may submit the completed portions of the survey for approval under subparagraph (A).
Written approval
The Secretary shall only approve the survey, or a portion of the survey, that has the written approval of each of—
the Texas General Land Office;
the Oklahoma Commissioners of the Land Office, in consultation with the attorney general of the State of Oklahoma; and
each affected federally recognized Indian Tribe.
Survey of individual parcels
Surveys of individual parcels in the affected area shall be conducted in accordance with the boundary survey approved under subsection (b)(2).
Notice and availability of survey
Not later than 60 days after the date on which the boundary survey is approved under subsection (b)(2), the Secretary shall—
publish notice of the approval of the survey in—
the Federal Register; and
1 or more local newspapers; and
on request, furnish to any landowner a copy of—
the survey; and
any field notes relating to—
the individual parcel of the landowner; or
any individual parcel adjacent to the individual parcel of the landowner.
Effect of section
Nothing in this section—
modifies any interest of the State of Oklahoma or Texas, or the sovereignty, property, or trust rights of any federally recognized Indian Tribe, relating to land located north of the South Bank boundary line, as established by the survey;
modifies any land patented under the Act of December 22, 1928 (45 Stat. 1069, chapter 47; 43 U.S.C. 1068) (commonly known as the Color of Title Act
), before the date of enactment of this Act;
modifies or supersedes the Red River Boundary Compact enacted by the States of Oklahoma and Texas and consented to by Congress pursuant to Public Law 106–288 (114 Stat. 919);
creates or reinstates any Indian reservation or any portion of such a reservation;
modifies any interest or any property or trust rights of any individual Indian allottee; or
alters any valid right of the State of Oklahoma or the Kiowa, Comanche, or Apache Indian tribes to the mineral interest trust fund established under the Act of June 12, 1926 (44 Stat. 740, chapter 572).
Authorization of appropriations
There is authorized to be appropriated to the Secretary to carry out this section $1,000,000.
San Juan County settlement implementation
Exchange of coal preference right lease applications
Definition of bidding right
In this subsection, the term bidding right means an appropriate legal instrument or other written documentation, including an entry in an account managed by the Secretary, issued or created under subpart 3435 of title 43, Code of Federal Regulations, that may be used—
in lieu of a monetary payment for 50 percent of a bonus bid for a coal lease sale under the Mineral Leasing Act (30 U.S.C. 181 et seq.); or
as a monetary credit against 50 percent of any rental or royalty payments due under any Federal coal lease.
Use of bidding right
In general
If the Secretary retires a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) by issuing a bidding right in exchange for the relinquishment of the coal preference right lease application, the bidding right subsequently may be used in lieu of 50 percent of the amount owed for any monetary payment of—
a bonus in a coal lease sale; or
rental or royalty under a Federal coal lease.
Payment calculation
In general
The Secretary shall calculate a payment of amounts owed to a relevant State under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)) based on the combined value of the bidding rights and amounts received.
Amounts received
Except as provided in this paragraph, for purposes of calculating the payment of amounts owed to a relevant State under clause (i) only, a bidding right shall be considered amounts received.
Requirement
The total number of bidding rights issued by the Secretary under subparagraph (A) before October 1, 2029, shall not exceed the number of bidding rights that reflect a value equivalent to $67,000,000.
Source of payments
The Secretary shall make payments to the relevant State under paragraph (2) from monetary payments received by the Secretary when bidding rights are exercised under this section.
Treatment of payments
A payment to a State under this subsection shall be treated as a payment under section 35(a) of the Mineral Leasing Act (30 U.S.C. 191(a)).
Transferability; limitation
Transferability
A bidding right issued for a coal preference right lease application under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall be fully transferable to any other person.
Notification of secretary
A person who transfers a bidding right shall notify the Secretary of the transfer by any method determined to be appropriate by the Secretary.
Effective period
In general
A bidding right issued under the Mineral Leasing Act (30 U.S.C. 181 et seq.) shall terminate on the expiration of the 7-year period beginning on the date the bidding right is issued.
Tolling of period
The 7-year period described in clause (i) shall be tolled during any period in which exercise of the bidding right is precluded by temporary injunctive relief granted under, or administrative, legislative, or judicial suspension of, the Federal coal leasing program.
Deadline
In general
If an existing settlement of a coal preference right lease application has not been implemented as of the date of enactment of this Act, not later than 180 days after that date of enactment, the Secretary shall complete the bidding rights valuation process in accordance with the terms of the settlement.
Date of valuation
For purposes of the valuation process under subparagraph (A), the market price of coal shall be determined as of the date of the settlement.
Certain land selections of the navajo nation
Cancellation of certain selections
The land selections made by the Navajo Nation pursuant to Public Law 93–531 (commonly known as the Navajo-Hopi Land Settlement Act of 1974
) (88 Stat. 1712) that are depicted on the map entitled Navajo-Hopi Land Settlement Act Selected Lands
and dated April 2, 2015, are cancelled.
Authorization for new selection
In general
Subject to subparagraphs (B), (C), and (D) and paragraph (3), the Navajo Nation may make new land selections in accordance with the Act referred to in paragraph (1) to replace the land selections cancelled under that paragraph.
Acreage cap
The total acreage of land selected under subparagraph (A) shall not exceed 15,000 acres of land.
Exclusions
The following land shall not be eligible for selection under subparagraph (A):
Land within a unit of the National Landscape Conservation System.
Land within—
the Glade Run Recreation Area;
the Fossil Forest Research Natural Area; or
a special management area or area of critical environmental concern identified in a land use plan developed under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) that is in effect on the date of enactment of this Act.
Any land subject to a lease or contract under the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Act of July 31, 1947 (commonly known as the Materials Act of 1947
) (30 U.S.C. 601 et seq.) as of the date of the selection.
Land not under the jurisdiction of the Bureau of Land Management.
Land identified as Parcels Excluded from Selection
on the map entitled Parcels excluded for selection under the San Juan County Settlement Implementation Act
and dated December 14, 2018.
Deadline
Not later than 7 years after the date of enactment of this Act, the Navajo Nation shall make all selections under subparagraph (A).
Withdrawal
Any land selected by the Navajo Nation under subparagraph (A) shall be withdrawn from disposal, leasing, and development until the date on which the selected land is placed into trust for the Navajo Nation.
Equal value
In general
Notwithstanding the acreage limitation in the second proviso of section 11(c) of Public Law 93–531 (commonly known as the Navajo-Hopi Land Settlement Act of 1974
) (25 U.S.C. 640d–10(c)) and subject to paragraph (2)(B), the value of the land selected under paragraph (2)(A) and the land subject to selections cancellation under paragraph (1) shall be equal, based on appraisals conducted under subparagraph (B).
Appraisals
In general
The value of the land selected under paragraph (2)(A) and the land subject to selections cancelled under paragraph (1) shall be determined by appraisals conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Timing
Land subject to selections cancelled
Not later than 18 months after the date of enactment of this Act, the appraisal under clause (i) of the land subject to selections cancelled under paragraph (1) shall be completed.
New selections
The appraisals under clause (i) of the land selected under paragraph (2)(A) shall be completed as the Navajo Nation finalizes those land selections.
Boundary
For purposes of this subsection and the Act referred to in paragraph (1), the present boundary of the Navajo Reservation is depicted on the map entitled Navajo Nation Boundary
and dated November 16, 2015.
Designation of ah-shi-sle-pah wilderness
In general
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 7,242 acres of land as generally depicted on the map entitled San Juan County Wilderness Designations
and dated April 2, 2015, is designated as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Ah-shi-sle-pah Wilderness
(referred to in this subsection as the Wilderness
).
Management
In general
Subject to valid existing rights, the Wilderness shall be administered by the Director of the Bureau of Land Management in accordance with this subsection and the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act.
Adjacent management
In general
Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness.
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness.
Incorporation of acquired land and interests in land
Any land or interest in land that is within the boundary of the Wilderness that is acquired by the United States shall—
become part of the Wilderness; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
this subsection; and
any other applicable laws.
Grazing
Grazing of livestock in the Wilderness, where established before the date of enactment of this Act, shall be allowed to continue in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).
Release of wilderness study areas
Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the land within the Ah-shi-sle-pah Wilderness Study Area not designated as wilderness by this subsection has been adequately studied for wilderness designation and is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)).
Expansion of Bisti/De-Na-Zin wilderness
In general
There is designated as wilderness and as a component of the National Wilderness Preservation System certain Federal land comprising approximately 2,250 acres, as generally depicted on the map entitled San Juan County Wilderness Designations
and dated April 2, 2015, which is incorporated in and shall be considered to be a part of the Bisti/De-Na-Zin Wilderness.
Administration
Subject to valid existing rights, the land designated as wilderness by paragraph (1) shall be administered by the Director of the Bureau of Land Management (referred to in this subsection as the Director
), in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98–603; 98 Stat. 3155; 110 Stat. 4211).
Adjacent management
In general
Congress does not intend for the designation of the land as wilderness by paragraph (1) to create a protective perimeter or buffer zone around that land.
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen or heard from areas within the land designated as wilderness by paragraph (1) shall not preclude the conduct of the activities or uses outside the boundary of that land.
Incorporation of acquired land and interests in land
Any land or interest in land that is within the boundary of the land designated as wilderness by paragraph (1) that is acquired by the United States shall—
become part of the Bisti/De-Na-Zin Wilderness; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
the San Juan Basin Wilderness Protection Act of 1984 (Public Law 98–603; 98 Stat. 3155; 110 Stat. 4211);
this subsection; and
any other applicable laws.
Grazing
Grazing of livestock in the land designated as wilderness by paragraph (1), where established before the date of enactment of this Act, shall be allowed to continue in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 5487 of the 96th Congress (H. Rept. 96–617).
Road maintenance
In general
Subject to paragraph (2), the Secretary, acting through the Director of the Bureau of Indian Affairs, shall ensure that L–54 between I–40 and Alamo, New Mexico, is maintained in a condition that is safe for motorized use.
Use of funds
In carrying out paragraph (1), the Secretary and the Director of the Bureau of Indian Affairs may not require any Indian Tribe to use any funds—
owned by the Indian Tribe; or
provided to the Indian Tribe pursuant to a contract under the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304 et seq.).
Road upgrade
In general
Nothing in this subsection requires the Secretary or any Indian Tribe to upgrade the condition of L–54 as of the date of enactment of this Act.
Written agreement
An upgrade to L–54 may not be made without the written agreement of the Pueblo of Laguna.
Inventory
Nothing in this subsection requires L–54 to be placed on the National Tribal Transportation Facility Inventory.
Rio Puerco Watershed management program
Reauthorization of the rio puerco management committee
Section 401(b)(4) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4147; 123 Stat. 1108) is amended by striking Omnibus Public Land Management Act of 2009
and inserting John D. Dingell, Jr. Conservation, Management, and Recreation Act
.
Reauthorization of the rio puerco watershed management program
Section 401(e) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4148; 123 Stat. 1108) is amended by striking Omnibus Public Land Management Act of 2009
and inserting John D. Dingell, Jr. Conservation, Management, and Recreation Act
.
Ashley Springs land conveyance
Conveyance
Subject to valid existing rights, at the request of Uintah County, Utah (referred to in this section as the County
), the Secretary shall convey to the County, without consideration, the approximately 791 acres of public land administered by the Bureau of Land Management, as generally depicted on the map entitled Ashley Springs Property
and dated February 4, 2019, subject to the following restrictions:
The conveyed land shall be managed as open space to protect the watershed and underground karst system and aquifer.
Mining or any form of mineral development on the conveyed land is prohibited.
The County shall allow for non-motorized public recreation access on the conveyed land.
No new roads may be constructed on the conveyed land.
Reversion
A conveyance under subsection (a) shall include a reversionary clause to ensure that management of the land described in that subsection shall revert to the Secretary if the land is no longer being managed in accordance with that subsection.
Wilderness designations and withdrawals
General provisions
Organ Mountains-Desert Peaks conservation
Definitions
In this section:
Monument
The term Monument means the Organ Mountains-Desert Peaks National Monument established by Presidential Proclamation 9131 (79 Fed. Reg. 30431).
State
The term State means the State of New Mexico.
Wilderness area
The term wilderness area means a wilderness area designated by subsection (b)(1).
Designation of wilderness areas
In general
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the State are designated as wilderness and as components of the National Wilderness Preservation System:
Aden lava flow wilderness
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 27,673 acres, as generally depicted on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, which shall be known as the Aden Lava Flow Wilderness
.
Broad canyon wilderness
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 13,902 acres, as generally depicted on the map entitled Desert Peaks Complex
and dated October 1, 2018, which shall be known as the Broad Canyon Wilderness
.
Cinder cone wilderness
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 16,935 acres, as generally depicted on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, which shall be known as the Cinder Cone Wilderness
.
East potrillo mountains wilderness
Certain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 12,155 acres, as generally depicted on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, which shall be known as the East Potrillo Mountains Wilderness
.
Mount riley wilderness
Certain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 8,382 acres, as generally depicted on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, which shall be known as the Mount Riley Wilderness
.
Organ mountains wilderness
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 19,916 acres, as generally depicted on the map entitled Organ Mountains Area
and dated September 21, 2016, which shall be known as the Organ Mountains Wilderness
, the boundary of which shall be offset 400 feet from the centerline of Dripping Springs Road in T. 23 S., R. 04 E., sec. 7, New Mexico Principal Meridian.
Potrillo mountains wilderness
Certain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 105,085 acres, as generally depicted on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, which shall be known as the Potrillo Mountains Wilderness
.
Robledo mountains wilderness
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 16,776 acres, as generally depicted on the map entitled Desert Peaks Complex
and dated October 1, 2018, which shall be known as the Robledo Mountains Wilderness
.
Sierra de las uvas wilderness
Certain land administered by the Bureau of Land Management in Doña Ana County comprising approximately 11,114 acres, as generally depicted on the map entitled Desert Peaks Complex
and dated October 1, 2018, which shall be known as the Sierra de las Uvas Wilderness
.
Whitethorn wilderness
Certain land administered by the Bureau of Land Management in Doña Ana and Luna counties comprising approximately 9,616 acres, as generally depicted on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, which shall be known as the Whitethorn Wilderness
.
Maps and legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The maps and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct errors in the maps and legal descriptions.
Public availability
The maps and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Management
Subject to valid existing rights, the wilderness areas shall be administered by the Secretary—
as components of the National Landscape Conservation System; and
in accordance with—
this section; and
the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and
any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
Incorporation of acquired land and interests in land
Any land or interest in land that is within the boundary of a wilderness area that is acquired by the United States shall—
become part of the wilderness area within the boundaries of which the land is located; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
this section; and
any other applicable laws.
Grazing
Grazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in Appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).
Military overflights
Nothing in this subsection restricts or precludes—
low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas;
the designation of new units of special airspace over the wilderness areas; or
the use or establishment of military flight training routes over the wilderness areas.
Buffer zones
In general
Nothing in this subsection creates a protective perimeter or buffer zone around any wilderness area.
Activities outside wilderness areas
The fact that an activity or use on land outside any wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.
Paragliding
The use of paragliding within areas of the East Potrillo Mountains Wilderness designated by paragraph (1)(D) in which the use has been established before the date of enactment of this Act, shall be allowed to continue in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), subject to any terms and conditions that the Secretary determines to be necessary.
Climatologic data collection
Subject to such terms and conditions as the Secretary may prescribe, nothing in this section precludes the installation and maintenance of hydrologic, meteorologic, or climatologic collection devices in wilderness areas if the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities.
Fish and wildlife
Nothing in this section affects the jurisdiction of the State with respect to fish and wildlife located on public land in the State, except that the Secretary, after consultation with the New Mexico Department of Game and Fish, may designate zones where, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance with applicable law.
Withdrawals
In general
Subject to valid existing rights, the Federal land within the wilderness areas and any land or interest in land that is acquired by the United States in the wilderness areas after the date of enactment of this Act is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Parcel b
The approximately 6,498 acres of land generally depicted as Parcel B
on the map entitled Organ Mountains Area
and dated September 21, 2016, is withdrawn in accordance with subparagraph (A), except that the land is not withdrawn for purposes of the issuance of oil and gas pipeline or road rights-of-way.
Parcel c
The approximately 1,297 acres of land generally depicted as Parcel C
on the map entitled Organ Mountains Area
and dated September 21, 2016, is withdrawn in accordance with subparagraph (A), except that the land is not withdrawn from disposal under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act
) (43 U.S.C. 869 et seq.).
Parcel d
In general
The Secretary of the Army shall allow for the conduct of certain recreational activities on the approximately 2,035 acres of land generally depicted as Parcel D
on the map entitled Organ Mountains Area
and dated September 21, 2016 (referred to in this paragraph as the parcel
), which is a portion of the public land withdrawn and reserved for military purposes by Public Land Order 833 dated May 21, 1952 (17 Fed. Reg. 4822).
Outdoor recreation plan
In general
The Secretary of the Army shall develop a plan for public outdoor recreation on the parcel that is consistent with the primary military mission of the parcel.
Requirement
In developing the plan under subclause (I), the Secretary of the Army shall ensure, to the maximum extent practicable, that outdoor recreation activities may be conducted on the parcel, including hunting, hiking, wildlife viewing, and camping.
Closures
The Secretary of the Army may close the parcel or any portion of the parcel to the public as the Secretary of the Army determines to be necessary to protect—
public safety; or
the safety of the military members training on the parcel.
Transfer of administrative jurisdiction; withdrawal
In general
On a determination by the Secretary of the Army that military training capabilities, personnel safety, and installation security would not be hindered as a result of the transfer to the Secretary of administrative jurisdiction over the parcel, the Secretary of the Army shall transfer to the Secretary administrative jurisdiction over the parcel.
Withdrawal
On transfer of the parcel under subclause (I), the parcel shall be—
under the jurisdiction of the Director of the Bureau of Land Management; and
withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Reservation
On transfer under subclause (I), the parcel shall be reserved for management of the resources of, and military training conducted on, the parcel in accordance with a memorandum of understanding entered into under clause (v).
Memorandum of understanding relating to military training
In general
If, after the transfer of the parcel under clause (iv)(I), the Secretary of the Army requests that the Secretary enter into a memorandum of understanding, the Secretary shall enter into a memorandum of understanding with the Secretary of the Army providing for the conduct of military training on the parcel.
Requirements
The memorandum of understanding entered into under subclause (I) shall—
address the location, frequency, and type of training activities to be conducted on the parcel;
provide to the Secretary of the Army access to the parcel for the conduct of military training;
authorize the Secretary or the Secretary of the Army to close the parcel or a portion of the parcel to the public as the Secretary or the Secretary of the Army determines to be necessary to protect—
public safety; or
the safety of the military members training; and
to the maximum extent practicable, provide for the protection of natural, historic, and cultural resources in the area of the parcel.
Military overflights
Nothing in this subparagraph restricts or precludes—
low-level overflights of military aircraft over the parcel, including military overflights that can be seen or heard within the parcel;
the designation of new units of special airspace over the parcel; or
the use or establishment of military flight training routes over the parcel.
Robledo mountains
In general
The Secretary shall manage the Federal land described in subparagraph (B) in a manner that preserves the character of the land for the future inclusion of the land in the National Wilderness Preservation System.
Land description
The land referred to in subparagraph (A) is certain land administered by the Bureau of Land Management, comprising approximately 100 acres as generally depicted as Lookout Peak Communication Site
on the map entitled Desert Peaks Complex
and dated October 1, 2018.
Uses
The Secretary shall permit only such uses on the land described in subparagraph (B) as were permitted on the date of enactment of this Act.
Release of wilderness study areas
Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land in Doña Ana County administered by the Bureau of Land Management not designated as wilderness by paragraph (1) or described in paragraph (12)—
has been adequately studied for wilderness designation;
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with—
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.);
this section; and
any other applicable laws.
Private land
In accordance with section 5 of the Wilderness Act (16 U.S.C. 1134), the Secretary shall ensure adequate access to non-Federal land located within the boundary of a wilderness area.
Border security
In general
Nothing in this section—
prevents the Secretary of Homeland Security from undertaking law enforcement and border security activities, in accordance with section 4(c) of the Wilderness Act (16 U.S.C. 1133(c)), within the wilderness areas, including the ability to use motorized access within a wilderness area while in pursuit of a suspect;
affects the 2006 Memorandum of Understanding among the Department of Homeland Security, the Department of the Interior, and the Department of Agriculture regarding cooperative national security and counterterrorism efforts on Federal land along the borders of the United States; or
prevents the Secretary of Homeland Security from conducting any low-level overflights over the wilderness areas that may be necessary for law enforcement and border security purposes.
Withdrawal and administration of certain area
Withdrawal
The area identified as Parcel A
on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, is withdrawn in accordance with subsection (b)(11)(A).
Administration
Except as provided in subparagraphs (C) and (D), the Secretary shall administer the area described in subparagraph (A) in a manner that, to the maximum extent practicable, protects the wilderness character of the area.
Use of motor vehicles
The use of motor vehicles, motorized equipment, and mechanical transport shall be prohibited in the area described in subparagraph (A) except as necessary for—
the administration of the area (including the conduct of law enforcement and border security activities in the area); or
grazing uses by authorized permittees.
Effect of subsection
Nothing in this paragraph precludes the Secretary from allowing within the area described in subparagraph (A) the installation and maintenance of communication or surveillance infrastructure necessary for law enforcement or border security activities.
Restricted Route
The route excluded from the Potrillo Mountains Wilderness identified as Restricted—Administrative Access
on the map entitled Potrillo Mountains Complex
and dated September 27, 2018, shall be—
closed to public access; but
available for administrative and law enforcement uses, including border security activities.
Organ mountains-desert peaks national monument
Management plan
In preparing and implementing the management plan for the Monument, the Secretary shall include a watershed health assessment to identify opportunities for watershed restoration.
Incorporation of acquired state trust land and interests in state trust land
In general
Any land or interest in land that is within the State trust land described in subparagraph (B) that is acquired by the United States shall—
become part of the Monument; and
be managed in accordance with—
Presidential Proclamation 9131 (79 Fed. Reg. 30431);
this section; and
any other applicable laws.
Description of state trust land
The State trust land referred to in subparagraph (A) is the State trust land in T. 22 S., R 01 W., New Mexico Principal Meridian and T. 22 S., R. 02 W., New Mexico Principal Meridian.
Land exchanges
In general
Subject to subparagraphs (C) through (F), the Secretary shall attempt to enter into an agreement to initiate an exchange under section 2201.1 of title 43, Code of Federal Regulations (or successor regulations), with the Commissioner of Public Lands of New Mexico, by the date that is 18 months after the date of enactment of this Act, to provide for a conveyance to the State of all right, title, and interest of the United States in and to Bureau of Land Management land in the State identified under subparagraph (B) in exchange for the conveyance by the State to the Secretary of all right, title, and interest of the State in and to parcels of State trust land within the boundary of the Monument identified under that subparagraph or described in paragraph (2)(B).
Identification of land for exchange
The Secretary and the Commissioner of Public Lands of New Mexico shall jointly identify the Bureau of Land Management land and State trust land eligible for exchange under this paragraph, the exact acreage and legal description of which shall be determined by surveys approved by the Secretary and the New Mexico State Land Office.
Applicable law
A land exchange under subparagraph (A) shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716).
Conditions
A land exchange under subparagraph (A) shall be subject to—
valid existing rights; and
such terms as the Secretary and the State shall establish.
Valuation, appraisals, and equalization
In general
The value of the Bureau of Land Management land and the State trust land to be conveyed in a land exchange under this paragraph—
shall be equal, as determined by appraisals conducted in accordance with clause (ii); or
if not equal, shall be equalized in accordance with clause (iii).
Appraisals
In general
The Bureau of Land Management land and State trust land to be exchanged under this paragraph shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary and the State.
Requirements
An appraisal under subclause (I) shall be conducted in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions; and
the Uniform Standards of Professional Appraisal Practice.
Equalization
In general
If the value of the Bureau of Land Management land and the State trust land to be conveyed in a land exchange under this paragraph is not equal, the value may be equalized by—
making a cash equalization payment to the Secretary or to the State, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or
reducing the acreage of the Bureau of Land Management land or State trust land to be exchanged, as appropriate.
Cash equalization payments
Any cash equalization payments received by the Secretary under subclause (I)(aa) shall be—
deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and
used in accordance with that Act.
Limitation
No exchange of land shall be conducted under this paragraph unless mutually agreed to by the Secretary and the State.
Cerro del Yuta and Río San Antonio Wilderness Areas
Definitions
In this section:
Map
The term map means the map entitled Río Grande del Norte National Monument Proposed Wilderness Areas
and dated July 28, 2015.
Wilderness area
The term wilderness area
means a wilderness area designated by subsection (b)(1).
Designation of Cerro del Yuta and Río San Antonio Wilderness Areas
In general
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Río Grande del Norte National Monument are designated as wilderness and as components of the National Wilderness Preservation System:
Cerro del yuta wilderness
Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the Cerro del Yuta Wilderness
.
Río san antonio wilderness
Certain land administered by the Bureau of Land Management in Río Arriba County, New Mexico, comprising approximately 8,120 acres, as generally depicted on the map, which shall be known as the Río San Antonio Wilderness
.
Management of wilderness areas
Subject to valid existing rights, the wilderness areas shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, except that with respect to the wilderness areas designated by this section—
any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and
any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
Incorporation of acquired land and interests in land
Any land or interest in land within the boundary of the wilderness areas that is acquired by the United States shall—
become part of the wilderness area in which the land is located; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
this section; and
any other applicable laws.
Grazing
Grazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).
Buffer zones
In general
Nothing in this section creates a protective perimeter or buffer zone around the wilderness areas.
Activities outside wilderness areas
The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.
Release of wilderness study areas
Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this section—
has been adequately studied for wilderness designation;
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with this section.
Maps and legal descriptions
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the wilderness areas with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The map and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct errors in the legal description and map.
Public availability
The map and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
National landscape conservation system
The wilderness areas shall be administered as components of the National Landscape Conservation System.
Fish and wildlife
Nothing in this section affects the jurisdiction of the State of New Mexico with respect to fish and wildlife located on public land in the State.
Withdrawals
Subject to valid existing rights, any Federal land within the wilderness areas designated by paragraph (1), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Treaty rights
Nothing in this section enlarges, diminishes, or otherwise modifies any treaty rights.
Methow Valley, Washington, Federal land withdrawal
Definition of Map
In this section, the term Map means the Forest Service map entitled Methow Headwaters Withdrawal Proposal Legislative Map
and dated May 24, 2016.
Withdrawal
Subject to valid existing rights, the approximately 340,079 acres of Federal land and interests in the land located in the Okanogan-Wenatchee National Forest within the area depicted on the Map as Proposed Withdrawal
is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral leasing and geothermal leasing laws.
Acquired land
Any land or interest in land within the area depicted on the Map as Proposed Withdrawal
that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section.
Availability of map
The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
Emigrant Crevice withdrawal
Definition of map
In this section, the term map means the map entitled Emigrant Crevice Proposed Withdrawal Area
and dated November 10, 2016.
Withdrawal
Subject to valid existing rights in existence on the date of enactment of this Act, the National Forest System land and interests in the National Forest System land, as depicted on the map, is withdrawn from—
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing.
Acquired land
Any land or interest in land within the area depicted on the map that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section.
Map
Submission of map
As soon as practicable after the date of enactment of this Act, the Secretary of Agriculture shall file the map with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law
The map filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary of Agriculture may correct clerical and typographical errors in the map.
Public availability
The map filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
Effect
Nothing in this section affects any recreational use, including hunting or fishing, that is authorized on land within the area depicted on the map under applicable law as of the date of enactment of this Act.
Oregon Wildlands
Wild and scenic river additions, designations and technical corrections
Additions to Rogue Wild and Scenic River
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following:
Rogue, oregon
In general
The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President.
Additions
In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River:
Kelsey creek
The approximately 6.8-mile segment of Kelsey Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
East fork kelsey creek
Scenic river
The approximately 0.2-mile segment of East Fork Kelsey Creek from headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, as a scenic river.
Wild river
The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river.
Whisky creek
Recreational river
The approximately 1.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to the south boundary of the non-Federal land in T. 33 S., R. 8 W., sec. 17, Willamette Meridian, as a recreational river.
Wild river
The approximately 1.2-mile segment of Whisky Creek from road 33–8–23 to the confluence with the Rogue River, as a wild river.
East fork whisky creek
Scenic river
The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian, as a scenic river.
Wild river
The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian, downstream to road 33–8–26 crossing, as a wild river.
Recreational river
The approximately 0.3-mile segment of East Fork Whisky Creek from road 33–8–26 to the confluence with Whisky Creek, as a recreational river.
West fork whisky creek
The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with the East Fork Whisky Creek, as a wild river.
Big windy creek
Scenic river
The approximately 1.5-mile segment of Big Windy Creek from its headwaters to road 34–9–17.1, as a scenic river.
Wild river
The approximately 5.8-mile segment of Big Windy Creek from road 34–9–17.1 to the confluence with the Rogue River, as a wild river.
East fork big windy creek
Scenic river
The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to road 34–8–36, as a scenic river.
Wild river
The approximately 3.7-mile segment of East Fork Big Windy Creek from road 34–8–36 to the confluence with Big Windy Creek, as a wild river.
Little windy creek
Scenic river
The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 33, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.9-mile segment of Little Windy Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Howard creek
Scenic river
The approximately 3.5-mile segment of Howard Creek from its headwaters to road 34–9–34, as a scenic river.
Wild river
The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34–9–34 to the confluence with the Rogue River, as a wild river.
Wild river
The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river.
Mule creek
Scenic river
The approximately 3.5-mile segment of Mule Creek from its headwaters downstream to the Wild Rogue Wilderness boundary as a scenic river.
Wild river
The approximately 7.8-mile segment of Mule Creek from the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 29, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Missouri creek
Scenic river
The approximately 3.1-mile segment of Missouri Creek from its headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Jenny creek
Scenic river
The approximately 3.1-mile segment of Jenny Creek from its headwaters downstream to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Rum creek
Scenic river
The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, as a scenic river.
Wild river
The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
East fork rum creek
Scenic river
The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.3-mile segment of East Fork Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river.
Wildcat creek
The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.
Montgomery creek
The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river.
Hewitt creek
Scenic river
The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Bunker creek
The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Dulog creek
Scenic river
The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34–8–36, as a scenic river.
Wild river
The approximately 1.0-mile segment of Dulog Creek from road 34–8–36 to the confluence with the Rogue River, as a wild river.
Quail creek
The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Meadow creek
The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Russian creek
The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Alder creek
The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Booze creek
The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Bronco creek
The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Copsey creek
The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Corral creek
The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Cowley creek
The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Ditch creek
The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river.
Francis creek
The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Long gulch
Scenic river
The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river.
Bailey creek
Scenic river
The approximately 1.4-mile segment of Bailey Creek from its headwaters to the Wild Rogue Wilderness boundary on the west section line of T. 34 S., R. 8 W., sec. 14, Willamette Meridian, as a scenic river.
Wild river
The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec. 14, Willamette Meridian, to the confluence of the Rogue River, as a wild river.
Shady creek
The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river.
Slide creek
Scenic river
The approximately 0.5-mile segment of Slide Creek from its headwaters to road 33–9–6, as a scenic river.
Wild river
The approximately 0.7-mile section of Slide Creek from road 33–9–6 to the confluence with the Rogue River, as a wild river.
.
Management
Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subparagraph (A)) shall be managed as part of the Rogue Wild and Scenic River.
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by subparagraph (A)) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Additional protections for rogue river tributaries
Licensing by commission
The Federal Energy Regulatory Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in clause (iv).
Other agencies
In general
No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in clause (iv), except to maintain or repair water resources projects in existence on the date of enactment of this Act.
Effect
Nothing in this clause prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project—
the primary purpose of which is ecological or aquatic restoration;
that provides a net benefit to water quality and aquatic resources; and
that is consistent with protecting and enhancing the values for which the river was designated.
Withdrawal
Subject to valid existing rights, the Federal land located within 1/4 mile on either side of the stream segments described in clause (iv) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Description of stream segments
The following are the stream segments referred to in clause (i):
Kelsey creek
The approximately 2.5-mile segment of Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 32 S., R. 9 W., sec. 25, Willamette Meridian.
Grave creek
The approximately 10.2-mile segment of Grave Creek from the east boundary of T. 34 S., R. 7 W., sec. 1, Willamette Meridian, downstream to the confluence with the Rogue River.
Centennial gulch
The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River in T. 34 S., R. 7, W., sec. 18, Willamette Meridian.
Quail creek
The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian.
Ditch creek
The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian.
Galice creek
The approximately 2.2-mile segment of Galice Creek from the confluence with the North Fork Galice Creek downstream to the confluence with the Rogue River in T. 34 S., R. 8 W., sec. 36, Willamette Meridian.
Quartz creek
The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek in T. 35 S., R. 8 W., sec. 4, Willamette Meridian.
North fork galice creek
The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with the South Fork Galice Creek in T. 35 S., R. 8 W., sec. 3, Willamette Meridian.
Technical corrections to the Wild and Scenic Rivers Act
Chetco, oregon
Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended—
by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately;
in the matter preceding clause (i) (as so redesignated), by striking The 44.5-mile
and inserting the following:
Designations
The 44.5-mile
;
in clause (i) (as so redesignated)—
by striking 25.5-mile
and inserting 27.5-mile
; and
by striking Boulder Creek at the Kalmiopsis Wilderness boundary
and inserting Mislatnah Creek
;
in clause (ii) (as so redesignated)—
by striking 8-mile
and inserting 7.5-mile
; and
by striking Boulder Creek to Steel Bridge
and inserting Mislatnah Creek to Eagle Creek
;
in clause (iii) (as so redesignated)—
by striking 11-mile
and inserting 9.5-mile
; and
by striking Steel Bridge
and inserting Eagle Creek
; and
by adding at the end the following:
Withdrawal
Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
.
Whychus creek, oregon
Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended—
in the paragraph heading, by striking Squaw creek
and inserting Whychus creek
;
by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and indenting appropriately;
in the matter preceding clause (i) (as so redesignated)—
by striking The 15.4-mile
and inserting the following:
Designations
The 15.4-mile
; and
by striking McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork
and inserting Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek
;
in clause (ii) (as so redesignated), by striking McAllister Ditch
and inserting Plainview Ditch
; and
by adding at the end the following:
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
.
Wild and scenic river designations, Wasson Creek and Franklin Creek, Oregon
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following:
Franklin creek, oregon
The 4.5-mile segment from its headwaters to the private land boundary in sec. 8, to be administered by the Secretary of Agriculture as a wild river.
Wasson creek, oregon
The 10.1-mile segment in the following classes:
The 4.2-mile segment from the eastern boundary of T. 21 S., R. 9 W., sec. 17, downstream to the western boundary of T. 21 S., R. 10 W., sec. 12, to be administered by the Secretary of the Interior as a wild river.
The 5.9-mile segment from the western boundary of T. 21 S., R. 10 W., sec. 12, downstream to the eastern boundary of the northwest quarter of T. 21 S., R. 10 W., sec. 22, to be administered by the Secretary of Agriculture as a wild river.
.
Wild and scenic river designations, Molalla River, Oregon
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by paragraph (3)) is amended by adding at the end the following:
Molalla river, oregon
In general
The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river:
Molalla river
The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7.
Table rock fork molalla river
The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River.
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
.
Designation of additional wild and scenic rivers
Elk river, oregon
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (76) and inserting the following:
Elk, oregon
The 69.2-mile segment to be administered by the Secretary of Agriculture in the following classes:
Mainstem
The 17-mile segment from the confluence of the North and South Forks of the Elk to Anvil Creek as a recreational river.
North fork
Scenic river
The approximately 0.6-mile segment of the North Fork Elk from its source in T. 33 S., R. 12 W., sec. 21, Willamette Meridian, downstream to 0.01 miles below Forest Service Road 3353, as a scenic river.
Wild river
The approximately 5.5-mile segment of the North Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the South Fork Elk, as a wild river.
South fork
Scenic river
The approximately 0.9-mile segment of the South Fork Elk from its source in the southeast quarter of T. 33 S., R. 12 W., sec. 32, Willamette Meridian, Forest Service Road 3353, as a scenic river.
Wild river
The approximately 4.2-mile segment of the South Fork Elk from 0.01 miles below Forest Service Road 3353 to its confluence with the North Fork Elk, as a wild river.
Other tributaries
Rock creek
The approximately 1.7-mile segment of Rock Creek from its headwaters to the west boundary of T. 32 S., R. 14 W., sec. 30, Willamette Meridian, as a wild river.
Bald mountain creek
The approximately 8-mile segment of Bald Mountain Creek from its headwaters, including Salal Spring to its confluence with Elk River, as a recreational river.
South fork bald mountain creek
The approximately 3.5-mile segment of South Fork Bald Mountain Creek from its headwaters to its confluence with Bald Mountain Creek, as a scenic river.
Platinum creek
The approximately 1-mile segment of Platinum Creek from—
its headwaters to Forest Service Road 5325, as a wild river; and
Forest Service Road 5325 to its confluence with Elk River, as a scenic river.
Panther creek
The approximately 5.0-mile segment of Panther Creek from—
its headwaters, including Mountain Well, to Forest Service Road 5325, as a wild river; and
Forest Service Road 5325 to its confluence with Elk River, as a scenic river.
East fork panther creek
The approximately 3.0-mile segment of East Fork Panther Creek from it headwaters, to the confluence with Panther Creek, as a wild river.
West fork panther creek
The approximately 3.0-mile segment of West Fork Panther Creek from its headwaters to the confluence with Panther Creek as a wild river.
Lost creek
The approximately 1.0-mile segment of Lost Creek from—
its headwaters to Forest Service Road 5325, as a wild river; and
Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
Milbury creek
The approximately 1.5-mile segment of Milbury Creek from—
its headwaters to Forest Service Road 5325, as a wild river; and
Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
Blackberry Creek
The approximately 5.0-mile segment of Blackberry Creek from—
its headwaters to Forest Service Road 5325, as a wild river; and
Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
East fork blackberry creek
The approximately 2.0-mile segment of the unnamed tributary locally known as East Fork Blackberry Creek
from its headwaters in T. 33 S., R. 13 W., sec. 26, Willamette Meridian, to its confluence with Blackberry Creek, as a wild river.
Mccurdy creek
The approximately 1.0-mile segment of McCurdy Creek from—
its headwaters to Forest Service Road 5325, as a wild river; and
Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
Bear creek
The approximately 1.5-mile segment of Bear Creek from headwaters to the confluence with Bald Mountain Creek, as a recreational river.
Butler creek
The approximately 4-mile segment of Butler Creek from—
its headwaters to the south boundary of T. 33 S., R. 13 W., sec. 8, Willamette Meridian, as a wild river; and
from the south boundary of T. 33 S., R. 13 W., sec. 8, Willamette Meridian, to its confluence with Elk River, as a scenic river.
East fork butler creek
The approximately 2.8-mile segment locally known as the East Fork of Butler Creek
from its headwaters on Mount Butler in T. 32 S., R. 13 W., sec. 29, Willamette Meridian, to its confluence with Butler Creek, as a scenic river.
Purple mountain creek
The approximately 2.0-mile segment locally known as Purple Mountain Creek
from—
its headwaters in secs. 35 and 36, T. 33 S., R. 14 W., Willamette Meridian, to 0.01 miles above Forest Service Road 5325, as a wild river; and
0.01 miles above Forest Service Road 5325 to its confluence with the Elk River, as a scenic river.
.
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraph (76) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by clause (i)) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Designation of wild and scenic river segments
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by paragraph (4)) is amended by adding at the end the following:
Nestucca river, Oregon
The approximately 15.5-mile segment from its confluence with Ginger Creek downstream until it crosses the western edge of T. 4 S., R. 7 W., sec. 7, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
Walker creek, oregon
The approximately 2.9-mile segment from the headwaters in T. 3 S., R. 6 W., sec. 20 downstream to the confluence with the Nestucca River in T. 3 S., R. 6 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
North fork silver creek, oregon
The approximately 6-mile segment from the headwaters in T. 35 S., R. 9 W., sec. 1 downstream to the western edge of the Bureau of Land Management boundary in T. 35 S., R. 9 W., sec. 17, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
Jenny creek, oregon
The approximately 17.6-mile segment from the Bureau of Land Management boundary located at the north boundary of the southwest quarter of the southeast quarter of T. 38 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the Oregon State border, to be administered by the Secretary of the Interior as a scenic river.
Spring creek, oregon
The approximately 1.1-mile segment from its source at Shoat Springs in T. 40 S., R. 4 E., sec. 34, Willamette Meridian, downstream to the confluence with Jenny Creek in T. 41 S., R. 4 E., sec. 3, Willamette Meridian, to be administered by the Secretary of the Interior as a scenic river.
Lobster creek, oregon
The approximately 5-mile segment from T. 15 S., R. 8 W., sec. 35, Willamette Meridian, downstream to the northern edge of the Bureau of Land Management boundary in T. 15 S., R. 8 W., sec. 15, Willamette Meridian, to be administered by the Secretary of the Interior as a recreational river.
Elk creek, oregon
The approximately 7.3-mile segment from its confluence with Flat Creek near river mile 9, to the southern edge of the Army Corps of Engineers boundary in T. 33 S., R. 1 E., sec. 30, Willamette Meridian, near river mile 1.7, to be administered by the Secretary of the Interior as a scenic river.
.
Administration of elk creek
Lateral boundaries of elk creek
The lateral boundaries of the river segment designated by paragraph (223) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by clause (i)) shall include an average of not more than 640 acres per mile measured from the ordinary high water mark on both sides of the river segment.
Deauthorization
The Elk Creek Project authorized under the Flood Control Act of 1962 (Public Law 87–874; 76 Stat. 1192) is deauthorized.
Withdrawal
Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by paragraphs (217) through (223) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by clause (i)) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Devil’s Staircase Wilderness
Definitions
In this subsection:
Map
The term map means the map entitled Devil’s Staircase Wilderness Proposal
and dated July 26, 2018.
Secretary
The term Secretary means—
the Secretary, with respect to public land administered by the Secretary; or
the Secretary of Agriculture, with respect to National Forest System land.
State
The term State means the State of Oregon.
Wilderness
The term Wilderness means the Devil’s Staircase Wilderness designated by paragraph (2).
Designation
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,621 acres of Forest Service land and Bureau of Land Management land in the State, as generally depicted on the map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the Devil’s Staircase Wilderness
.
Map; legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Wilderness.
Force of law
The map and legal description prepared under subparagraph (A) shall have the same force and effect as if included in this subsection, except that the Secretary may correct clerical and typographical errors in the map and legal description.
Availability
The map and legal description prepared under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Forest Service and Bureau of Land Management.
Administration
Subject to valid existing rights, the area designated as wilderness by this subsection shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness.
Fish and wildlife
Nothing in this subsection affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
Adjacent management
In general
Nothing in this subsection creates any protective perimeter or buffer zone around the Wilderness.
Activities outside wilderness
The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness.
Protection of tribal rights
Nothing in this subsection diminishes any treaty rights of an Indian Tribe.
Transfer of administrative jurisdiction
In general
Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in T. 21 S., R. 11 W., sec. 32, is transferred from the Bureau of Land Management to the Forest Service.
Administration
The Secretary shall administer the land transferred by subparagraph (A) in accordance with—
the Act of March 1, 1911 (commonly known as the Weeks Law
) (16 U.S.C. 480 et seq.); and
any laws (including regulations) applicable to the National Forest System.
Emery County public land management
Definitions
In this part:
Council
The term Council means the San Rafael Swell Recreation Area Advisory Council established under section 1223(a).
County
The term County means Emery County in the State.
Management plan
The term Management Plan means the management plan for the Recreation Area developed under section 1222(c).
Map
The term Map means the map entitled Emery County Public Land Management Act of 2018 Overview Map
and dated February 5, 2019.
Recreation area
The term Recreation Area means the San Rafael Swell Recreation Area established by section 1221(a)(1).
Secretary
The term Secretary means—
the Secretary, with respect to public land administered by the Bureau of Land Management; and
the Secretary of Agriculture, with respect to National Forest System land.
State
The term State means the State of Utah.
Wilderness area
The term wilderness area means a wilderness area designated by section 1231(a).
Administration
Nothing in this part affects or modifies—
any right of any federally recognized Indian Tribe; or
any obligation of the United States to any federally recognized Indian Tribe.
Effect on water rights
Nothing in this part—
affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water;
affects any water right (as defined by applicable State law) in existence on the date of enactment of this Act, including any water right held by the United States;
affects any interstate water compact in existence on the date of enactment of this Act;
shall be considered to be a relinquishment or reduction of any water rights reserved or appropriated by the United States in the State on or before the date of enactment of this Act; or
affects the management and operation of Flaming Gorge Dam and Reservoir, including the storage, management, and release of water.
Savings clause
Nothing in this part diminishes the authority of the Secretary under Public Law 92–195 (commonly known as the Wild Free-Roaming Horses and Burros Act
) (16 U.S.C. 1331 et seq.).
San Rafael Swell Recreation Area
Establishment of Recreation Area
Establishment
In general
Subject to valid existing rights, there is established the San Rafael Swell Recreation Area in the State.
Area included
The Recreation Area shall consist of approximately 216,995 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the Map.
Purposes
The purposes of the Recreation Area are to provide for the protection, conservation, and enhancement of the recreational, cultural, natural, scenic, wildlife, ecological, historical, and educational resources of the Recreation Area.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Recreation Area with the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate.
Effect
The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this subpart, except that the Secretary may correct clerical and typographical errors in the map and legal description.
Public availability
A copy of the map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Management of Recreation Area
In general
The Secretary shall administer the Recreation Area—
in a manner that conserves, protects, and enhances the purposes for which the Recreation Area is established; and
in accordance with—
this section;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
other applicable laws.
Uses
The Secretary shall allow only uses of the Recreation Area that are consistent with the purposes for which the Recreation Area is established.
Management plan
In general
Not later than 5 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Recreation Area.
Requirements
The Management Plan shall—
describe the appropriate uses and management of the Recreation Area;
be developed with extensive public input;
take into consideration any information developed in studies of the land within the Recreation Area; and
be developed fully consistent with the settlement agreement entered into on January 13, 2017, in the case in the United States District Court for the District of Utah styled Southern Utah Wilderness Alliance, et al. v. U.S. Department of the Interior, et al.
and numbered 2:12–cv–257 DAK.
Motorized vehicles; new roads
Motorized vehicles
Except as needed for emergency response or administrative purposes, the use of motorized vehicles in the Recreation Area shall be permitted only on roads and motorized routes designated in the Management Plan for the use of motorized vehicles.
New roads
No new permanent or temporary roads or other motorized vehicle routes shall be constructed within the Recreation Area after the date of enactment of this Act.
Existing Roads
In general
Necessary maintenance or repairs to existing roads designated in the Management Plan for the use of motorized vehicles, including necessary repairs to keep existing roads free of debris or other safety hazards, shall be permitted after the date of enactment of this Act, consistent with the requirements of this section.
Effect
Nothing in this subsection prevents the Secretary from rerouting an existing road or trail to protect Recreation Area resources from degradation or to protect public safety, as determined to be appropriate by the Secretary.
Grazing
In general
The grazing of livestock in the Recreation Area, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
applicable law (including regulations); and
the purposes of the Recreation Area.
Inventory
Not later than 5 years after the date of enactment of this Act, the Secretary, in collaboration with any affected grazing permittee, shall carry out an inventory of facilities and improvements associated with grazing activities in the Recreation Area.
Cold war sites
The Secretary shall manage the Recreation Area in a manner that educates the public about Cold War and historic uranium mine sites in the Recreation Area, subject to such terms and conditions as the Secretary considers necessary to protect public health and safety.
Incorporation of acquired land and interests
Any land or interest in land located within the boundary of the Recreation Area that is acquired by the United States after the date of enactment of this Act shall—
become part of the Recreation Area; and
be managed in accordance with applicable laws, including as provided in this section.
Withdrawal
Subject to valid existing rights, all Federal land within the Recreation Area, including any land or interest in land that is acquired by the United States within the Recreation Area after the date of enactment of this Act, is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Study of nonmotorized recreation opportunities
Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with interested parties, shall conduct a study of nonmotorized recreation trail opportunities, including bicycle trails, within the Recreation Area, consistent with the purposes of the Recreation Area.
Cooperative agreement
The Secretary may enter into a cooperative agreement with the State in accordance with section 307(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1737(b)) and other applicable laws to provide for the protection, management, and maintenance of the Recreation Area.
San Rafael Swell Recreation Area Advisory Council
Establishment
Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the San Rafael Swell Recreation Area Advisory Council
.
Duties
The Council shall advise the Secretary with respect to the preparation and implementation of the Management Plan for the Recreation Area.
Applicable law
The Council shall be subject to—
the Federal Advisory Committee Act (5 U.S.C. App.); and
section 309 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1739).
Members
The Council shall include 7 members, to be appointed by the Secretary, of whom, to the maximum extent practicable—
1 member shall represent the Emery County Commission;
1 member shall represent motorized recreational users;
1 member shall represent nonmotorized recreational users;
1 member shall represent permittees holding grazing allotments within the Recreation Area or wilderness areas designated in this part;
1 member shall represent conservation organizations;
1 member shall have expertise in the historical uses of the Recreation Area; and
1 member shall be appointed from the elected leadership of a Federally recognized Indian Tribe that has significant cultural or historical connections to, and expertise in, the landscape, archeological sites, or cultural sites within the County.
Wilderness areas
Additions to the National Wilderness Preservation System
Additions
In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following land in the State is designated as wilderness and as components of the National Wilderness Preservation System:
Big wild horse mesa
Certain Federal land managed by the Bureau of Land Management, comprising approximately 18,192 acres, generally depicted on the Map as Proposed Big Wild Horse Mesa Wilderness
, which shall be known as the Big Wild Horse Mesa Wilderness
.
Cold wash
Certain Federal land managed by the Bureau of Land Management, comprising approximately 11,001 acres, generally depicted on the Map as Proposed Cold Wash Wilderness
, which shall be known as the Cold Wash Wilderness
.
Desolation canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 142,996 acres, generally depicted on the Map as Proposed Desolation Canyon Wilderness
, which shall be known as the Desolation Canyon Wilderness
.
Devil’s canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 8,675 acres, generally depicted on the Map as Proposed Devil’s Canyon Wilderness
, which shall be known as the Devil’s Canyon Wilderness
.
Eagle canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 13,832 acres, generally depicted on the Map as Proposed Eagle Canyon Wilderness
, which shall be known as the Eagle Canyon Wilderness
.
Horse valley
Certain Federal land managed by the Bureau of Land Management, comprising approximately 12,201 acres, generally depicted on the Map as Proposed Horse Valley Wilderness
, which shall be known as the Horse Valley Wilderness
.
Labyrinth canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 54,643 acres, generally depicted on the Map as Proposed Labyrinth Canyon Wilderness
, which shall be known as the Labyrinth Canyon Wilderness
.
Little ocean draw
Certain Federal land managed by the Bureau of Land Management, comprising approximately 20,660 acres, generally depicted on the Map as Proposed Little Ocean Draw Wilderness
, which shall be known as the Little Ocean Draw Wilderness
.
Little wild horse canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 5,479 acres, generally depicted on the Map as Proposed Little Wild Horse Canyon Wilderness
, which shall be known as the Little Wild Horse Canyon Wilderness
.
Lower last chance
Certain Federal land managed by the Bureau of Land Management, comprising approximately 19,338 acres, generally depicted on the Map as Proposed Lower Last Chance Wilderness
, which shall be known as the Lower Last Chance Wilderness
.
Mexican mountain
Certain Federal land managed by the Bureau of Land Management, comprising approximately 76,413 acres, generally depicted on the Map as Proposed Mexican Mountain Wilderness
, which shall be known as the Mexican Mountain Wilderness
.
Middle wild horse mesa
Certain Federal land managed by the Bureau of Land Management, comprising approximately 16,343 acres, generally depicted on the Map as Proposed Middle Wild Horse Mesa Wilderness
, which shall be known as the Middle Wild Horse Mesa Wilderness
.
Muddy creek
Certain Federal land managed by the Bureau of Land Management, comprising approximately 98,023 acres, generally depicted on the Map as Proposed Muddy Creek Wilderness
, which shall be known as the Muddy Creek Wilderness
.
Nelson mountain
In general
Certain Federal land managed by the Forest Service, comprising approximately 7,176 acres, and certain Federal land managed by the Bureau of Land Management, comprising approximately 257 acres, generally depicted on the Map as Proposed Nelson Mountain Wilderness
, which shall be known as the Nelson Mountain Wilderness
.
Transfer of administrative jurisdiction
Administrative jurisdiction over the 257-acre portion of the Nelson Mountain Wilderness designated by subparagraph (A) is transferred from the Bureau of Land Management to the Forest Service.
Red’s canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 17,325 acres, generally depicted on the Map as Proposed Red’s Canyon Wilderness
, which shall be known as the Red’s Canyon Wilderness
.
San rafael reef
Certain Federal land managed by the Bureau of Land Management, comprising approximately 60,442 acres, generally depicted on the Map as Proposed San Rafael Reef Wilderness
, which shall be known as the San Rafael Reef Wilderness
.
Sid’s mountain
Certain Federal land managed by the Bureau of Land Management, comprising approximately 49,130 acres, generally depicted on the Map as Proposed Sid’s Mountain Wilderness
, which shall be known as the Sid’s Mountain Wilderness
.
Turtle canyon
Certain Federal land managed by the Bureau of Land Management, comprising approximately 29,029 acres, generally depicted on the Map as Proposed Turtle Canyon Wilderness
, which shall be known as the Turtle Canyon Wilderness
.
Map and legal description
In general
As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of each wilderness area with—
the Committee on Natural Resources of the House of Representatives; and
the Committee on Energy and Natural Resources of the Senate.
Effect
Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this part, except that the Secretary may correct clerical and typographical errors in the maps and legal descriptions.
Availability
Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate office of the Secretary.
Administration
Management
Subject to valid existing rights, the wilderness areas shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that—
any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and
any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
Recreational climbing
Nothing in this part prohibits recreational rock climbing activities in the wilderness areas, such as the placement, use, and maintenance of fixed anchors, including any fixed anchor established before the date of the enactment of this Act—
in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.); and
subject to any terms and conditions determined to be necessary by the Secretary.
Trail plan
After providing opportunities for public comment, the Secretary shall establish a trail plan that addresses hiking and equestrian trails on the wilderness areas in a manner consistent with the Wilderness Act (16 U.S.C. 1131 et seq.).
Livestock
In general
The grazing of livestock in the wilderness areas, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101–405).
Inventory
With respect to each wilderness area in which grazing of livestock is allowed to continue under paragraph (1), not later than 2 years after the date of enactment of this Act, the Secretary, in collaboration with any affected grazing permittee, shall carry out an inventory of facilities and improvements associated with grazing activities in the wilderness area.
Adjacent management
In general
Congress does not intend for the designation of the wilderness areas to create protective perimeters or buffer zones around the wilderness areas.
Nonwilderness activities
The fact that nonwilderness activities or uses can be seen or heard from areas within a wilderness area shall not preclude the conduct of those activities or uses outside the boundary of the wilderness area.
Military overflights
Nothing in this subpart restricts or precludes—
low-level overflights of military aircraft over the wilderness areas, including military overflights that can be seen or heard within the wilderness areas;
flight testing and evaluation; or
the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the wilderness areas.
Commercial services
Commercial services (including authorized outfitting and guide activities) within the wilderness areas may be authorized to the extent necessary for activities that are appropriate for realizing the recreational or other wilderness purposes of the wilderness areas, in accordance with section 4(d)(5) of the Wilderness Act (16 U.S.C. 1133(d)(5)).
Land acquisition and incorporation of acquired land and interests
Acquisition authority
The Secretary may acquire land and interests in land within the boundaries of a wilderness area by donation, purchase from a willing seller, or exchange.
Incorporation
Any land or interest in land within the boundary of a wilderness area that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the wilderness area.
Water rights
Statutory construction
Nothing in this subpart—
shall constitute or be construed to constitute either an express or implied reservation by the United States of any water or water rights with respect to the land designated as wilderness by section 1231;
shall affect any water rights in the State existing on the date of enactment of this Act, including any water rights held by the United States;
shall be construed as establishing a precedent with regard to any future wilderness designations;
shall affect the interpretation of, or any designation made pursuant to, any other Act; or
shall be construed as limiting, altering, modifying, or amending any of the interstate compacts or equitable apportionment decrees that apportions water among and between the State and other States.
State water law
The Secretary shall follow the procedural and substantive requirements of the State in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the wilderness areas.
Memorandum of understanding
The Secretary shall offer to enter into a memorandum of understanding with the County, in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), to clarify the approval processes for the use of motorized equipment and mechanical transport for search and rescue activities in the Muddy Creek Wilderness established by section 1231(a)(13).
Fish and wildlife management
Nothing in this subpart affects the jurisdiction of the State with respect to fish and wildlife on public land located in the State.
Release
Finding
Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the approximately 17,420 acres of public land administered by the Bureau of Land Management in the County that has not been designated as wilderness by section 1231(a) has been adequately studied for wilderness designation.
Release
The public land described in subsection (a)—
is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and
shall be managed in accordance with—
applicable law; and
any applicable land management plan adopted under section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).
Wild and scenic river designation
Green River wild and scenic river designation
In general
Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 1205(a)(5)(B)(i)) is amended by adding at the end the following:
Green river
The approximately 63-mile segment, as generally depicted on the map entitled Emery County Public Land Management Act of 2018 Overview Map
and dated December 11, 2018, to be administered by the Secretary of the Interior, in the following classifications:
Wild river segment
The 5.3-mile segment from the boundary of the Uintah and Ouray Reservation, south to the Nefertiti boat ramp, as a wild river.
Recreational river segment
The 8.5-mile segment from the Nefertiti boat ramp, south to the Swasey’s boat ramp, as a recreational river.
Scenic river segment
The 49.2-mile segment from Bull Bottom, south to the county line between Emery and Wayne Counties, as a scenic river.
.
Incorporation of acquired non-federal land
If the United States acquires any non-Federal land within or adjacent to a river segment of the Green River designated by paragraph (224) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (a)), the acquired land shall be incorporated in, and be administered as part of, the applicable wild, scenic, or recreational river.
Land management and conveyances
Goblin Valley State Park
In general
The Secretary shall offer to convey to the Utah Division of Parks and Recreation of the Utah Department of Natural Resources (referred to in this section as the State
), approximately 6,261 acres of land identified on the Map as the Proposed Goblin Valley State Park Expansion
, without consideration, for the management by the State as a State park, consistent with uses allowed under the Act of June 14, 1926 (commonly known as the Recreation and Public Purposes Act
) (44 Stat. 741, chapter 578; 43 U.S.C. 869 et seq.).
Reversionary clause required
A conveyance under subsection (a) shall include a reversionary clause to ensure that management of the land described in that subsection shall revert to the Secretary if the land is no longer being managed as a State park in accordance with subsection (a).
Jurassic National Monument
Establishment purposes
To conserve, interpret, and enhance for the benefit of present and future generations the paleontological, scientific, educational, and recreational resources of the area and subject to valid existing rights, there is established in the State the Jurassic National Monument (referred to in this section as the Monument
), consisting of approximately 850 acres of Federal land administered by the Bureau of Land Management in the County and generally depicted as Proposed Jurassic National Monument
on the Map.
Map and legal description
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall file with the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a map and legal description of the Monument.
Effect
The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map and legal description, subject to the requirement that, before making the proposed corrections, the Secretary shall submit to the State and any affected county the proposed corrections.
Public availability
A copy of the map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
Withdrawal
Subject to valid existing rights, any Federal land within the boundaries of the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument after the date of enactment of this Act is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.
Management
In general
The Secretary shall manage the Monument—
in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in subsection (a); and
in accordance with—
this section;
the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.); and
any other applicable Federal law.
National landscape conservation system
The Monument shall be managed as a component of the National Landscape Conservation System.
Management plan
In general
Not later than 2 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Monument.