Posted on 03/30/2009 1:13:37 PM PDT by bestintxas
Edited on 03/30/2009 1:14:44 PM PDT by Admin Moderator. [history]
President Barack Obama has signed legislation that sets aside more than 2 million acres as protected wilderness.
Obama said Monday the most valuable things in life are those already possessed as he signed a massive public lands management act at the White House. The law protects land from California's Sierra Nevada mountains to the Jefferson National Forest in Virginia, as well as expands wilderness protection efforts.
(Excerpt) Read more at foxnews.com ...
The Paleontological Resources Protection Act doesn’t protect any resources, its to protect their prescious “theory of evolution” that crumbles a bit more each time one of those fossils sees the light of day.
Yep.
Note: The following text is a quote:
THE BRIEFING ROOM
THE WHITE HOUSE
Office of the Press Secretary
__________________________________________________________________________
EMBARGOED UNTIL DELIVERY March 30, 2009
STATEMENT BY THE PRESIDENT
Today I have signed into law H.R. 146, the “Omnibus Public Land Management Act of 2009.” This landmark bill will protect millions of acres of Federal land as wilderness, protect more than 1,000 miles of rivers through the National Wild and Scenic River System, and designate thousands of miles of trails for the National Trails System. It also will authorize the 26 million-acre National Landscape Conservation System within the Department of the Interior.
Among other provisions, H.R. 146 designates three new units in our National Park System, enlarges the boundaries of several existing parks, and designates a number of National Heritage Areas. It creates a new national monument — the Prehistoric Trackways National Monument - and four new national conservation areas, and establishes the Wyoming Range Withdrawal Area. It establishes a collaborative landscape-scale restoration program with a goal of reducing the risk of wildfire and authorizes programs to study and research the effects of climate change on natural resources and other research-related activities.
Treasured places from coast to coast will benefit from H.R. 146, including Pictured Rocks National Lakeshore in Michigan; Monongahela National Forest in West Virginia; Oregon’s Mount Hood; Idaho’s Owyhee Canyons; the Rocky Mountain National Park in Colorado; Zion National Park in Utah; remarkable landscapes in the Sierra Nevada Mountains of California; and wilderness-quality National Forest lands in Virginia and public lands in New Mexico.
This bipartisan bill has been many years in the making, and is one of the most important pieces of natural resource legislation in decades. This legislation also makes progress for which millions of Americans have long waited on another front. The Christopher and Dana Reeve Paralysis Act is the first piece of comprehensive legislation aimed at improving the lives of Americans living with paralysis. It creates new coordinated research activities through the National Institutes of Health that will connect the best minds and best practices from the best labs across the country, and focus their efforts through collaborative scientific research into a cure for paralysis, saving effort, money, and, most importantly, time. It will promote enhanced rehabilitation services for paralyzed Americans, helping develop better equipment and technology that allows them to live full and independent lives free from unnecessary barriers. This legislation will work to improve the quality of life for all those who live with paralysis, no matter the cause.
Section 8203 of the Act provides that the Secretary of the Interior shall appoint certain members of the Erie Canalway National Heritage Corridor Commission “based on recommendations from each member of the House of Representatives, the district of which encompasses the Corridor.” Because it would be an impermissible restriction on the appointment power to condition the Secretary’s appointments on the recommendations of members of the House, I will construe these provisions to require the Secretary to consider such congressional recommendations, but not to be bound by them in making appointments to the Commission.
BARACK OBAMA
THE WHITE HOUSE,
March 30, 2009.
Anything is done to criminalize free entreprize.
It intimidates the business by making it denounced as environmentaly unfriendly while swine poluting government agents get a pass.
It’s crazy.
Note: The following text is a quote:
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H.R.146
Title: An act to designate certain land as components of the National Wilderness Preservation System, to authorize certain programs and activities in the Department of the Interior and the Department of Agriculture, and for other purposes.
Sponsor: Rep Holt, Rush D. [NJ-12] (introduced 1/6/2009) Cosponsors (10)
Related Bills: H.RES.280, H.R.1694, S.22
Latest Major Action: 3/25/2009 Resolving differences — House actions. Status: On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 285 - 140 (Roll no. 153).
Note: Omnibus land bill.
SUMMARY AS OF:
3/19/2009—Passed Senate amended. (There are 2 other summaries)
Omnibus Public Land Management Act of 2009 - Title I: Additions to the National Wilderness Preservation System - Subtitle A: Wild Monongahela Wilderness - (Sec. 1001) Designates specified federal lands in the Monongahela National Forest, West Virginia, as wilderness and as either a new component, or as an addition to an existing component, of the National Wilderness Preservation System.
Authorizes the Secretary of Agriculture to continue the competitive running event permitted from 2003 through 2007 in the vicinity of the boundaries of the Dolly Sods Wilderness addition and the Roaring Plains West Wilderness Area in a manner compatible with the preservation of such areas as wilderness.
Prohibits anything in this Act from affecting the jurisdiction or responsibility of the state of West Virginia respecting wildlife and fish.
(Sec. 1002) Modifies the boundary of the Laurel Fork South Wilderness designated by P.L. 97- 466 (relating to the designation of certain lands in the Monongahela National Forest as wilderness) to exclude two specified parcels of land.
(Sec. 1003) Confirms that the boundary of the Monongahela National Forest includes specified tracts of land.
(Sec. 1004) Requires the Secretary to: (1) develop a plan to provide for enhanced nonmotorized recreation trail opportunities on lands not designated as wilderness within the Monongahela National Forest; and (2) submit to Congress a report on the implementation of the plan, including the identification of priority trails for development.
Requires considering the conversion of forest roads within Monongahela National Forest to nonmotorized uses to enhance recreational opportunities within the Forest.
Subtitle B: Virginia Ridge and Valley Wilderness - (Sec. 1102) Designates certain lands in the Jefferson National Forest, Virginia (Brush Mountain and Brush Mountain East, Seng Mountain and Raccoon Branch, Stone Mountain, Hunting Camp Creek and Garden Mountain, Mountain Lake Additions, Lewis Fork Addition and Little Wilson Creek Additions, Shawvers Run Additions, Peters Mountain Addition, and Kimberling Creek Additions) as wilderness.
Designates certain lands in the Jefferson National Forest as the “Lynn Camp Creek Wilderness Study Area.
(Sec. 1103) Designates certain lands in the Jefferson National Forest as a potential wilderness area for incorporation in the Kimberling Creek Wilderness. Sets forth requirements regarding ecological restoration in the Kimberling Creek Potential Wilderness Area. Requires the potential wilderness area to be designated as wilderness and included in Kimberling Creek Wilderness on the earlier of: (1) the date on which the Secretary of Agriculture publishes in the Federal Register notice that the conditions in such Area that are incompatible with the Wilderness Act have been removed; or (2) five years after enactment of this Act.
(Sec. 1104) Designates Seng Mountain and Raccoon Branch, and Bear Creek, as National Scenic Areas (Scenic Areas). States that the purposes of such Scenic Areas are to: (1) ensure the protection and preservation of scenic quality, water quality, natural characteristics, and water resources; (2) protect wildlife and fish habitat; (3) protect areas that may develop characteristics of old-growth forests; and (4) provide a variety of recreation opportunities. Authorizes only such uses of the Scenic Areas as will further such purposes.
Directs the Secretary of Agriculture to develop a management plan for the Scenic Areas. Sets forth provisions regarding roads, timber harvesting, insect and disease outbreaks, vegetation management, motorized vehicles, wildfire suppression, and water quality.
Withdraws all federal land in the Scenic Areas from: (1) location, entry, and patent under the mining laws; and (2) operation of the mineral leasing and geothermal leasing laws.
(Sec. 1105) Directs the Secretary to establish a trail plan to develop: (1) hiking and equestrian trails on the lands in Jefferson National Forest designated as wilderness by section 1102 of this subtitle; and (2) and non-motorized recreation trails within the Scenic Areas. Instructs the Secretary to establish the trail plan in consultation with interested parties. Requires the Secretary to report on the implementation of such plan, including the identification of priority trails for development.
Directs the Secretary to develop a specified sustainable trail along the southern boundary of the Raccoon Branch Wilderness connecting to forest development road 49352 in Smyth County.
Subtitle C: Mt. Hood Wilderness, Oregon - (Sec. 1202) Designates specified wilderness additions in Oregon (Badger Creek, Bull of the Woods, Clackamas, Mark O. Hatfield, Mount Hood, Roaring River, Salmon-Huckelberry, and lower White River) as wilderness areas and components of the National Wilderness Preservation System.
Designates certain federal land as the “Richard L. Kohnstamm Memorial Area.”
Designates certain federal land on the Roaring River Wilderness map as a potential wilderness area.
Requires the inclusion of: (1) certain federal land in the Mount Hood Wilderness upon the completion of the Cooper Spur-Government Camp land exchange under section 1206 of this subtitle; and (2) certain land in the Salmon-Huckleberry Wilderness upon acquisition by the United States.
Requires the boundaries of the areas designated as wilderness by this section that are immediately adjacent to a utility right-of-way or a Federal Energy Regulatory Commission (FERC) project boundary to be 100 feet from the boundary of the right-of-way or the project boundary.
Declares Congress’s intention with regard to: (1) protective perimeters or buffer zones around the wilderness areas designated under this section; and (2) nonwilderness activities or uses up to the boundaries of such areas.
Prohibits anything in this section from affecting the jurisdiction or responsibilities of the state of Oregon with respect to fish and wildlife.
Authorizes necessary measures to control fire, insects, and diseases within the wilderness areas designated by this section.
Withdraws the federal land designated as wilderness by this section from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
(Sec. 1203) Designates specified segments of creeks and rivers in Mount Hood National Forest as components of the national wild and scenic rivers system.
Amends the Columbia River Gorge National Scenic Area Act to permanently protect the Hood River, Oregon.
(Sec. 1204) Establishes the Mount Hood National Recreation Area within Mount Hood National Forest.
Permits the cutting, sale, or removal of timber within the Area for specified purposes. Bars the construction of new or temporary roads within the Area, except as necessary, including to: (1) protect the health and safety of individuals; and (2) conduct environmental cleanup required by the government.
Withdraws all federal land within the Area from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing.
Transfers administrative jurisdiction from the Bureau of Land Management (BLM) over certain BLM land within or adjacent to the Area to the Forest Service.
(Sec. 1205) Requires, upon completion of the Cooper Spur-Government Camp land exchange, the establishment of a Crystal Springs Watershed Special Resources Management Unit. Excludes from the Unit certain land designated as wilderness by section 1202.
Withdraws the federal land designated as the Unit from all forms of: (1) entry, appropriation, or disposal under the public land laws, except parcel HES 151; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Authorizes the Secretary of Agriculture (the Secretary) to conduct fuel reduction and forest health management treatments to maintain and restore specified fire-resilient forest structures as ecologically appropriate, on National Forest System (NFS) land in the Unit.
Specifies prohibited activities on NFS land in the Unit.
Permits closure to the public of forest roads within the Unit.
Prohibits anything in this section from: (1) requiring the Secretary to close Cloud Cap Road; and (2) affecting the use of, or access to, private property within the Crystal Springs zone of contribution.
Authorizes the Secretary to acquire from willing landowners any land located within the zone of contribution. Requires any acquired land to be included in the Unit.
Directs the Secretary to manage the federal lands known as Upper Big Bottom and Cultus Creek in a manner that preserves the natural and primitive character of such lands for recreational, scenic, and scientific use.
Specifies the prohibited uses of such lands.
Withdraws such lands from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing.
(Sec. 1206) Directs the Secretary, if Mt. Hood Meadows Oregon, Limited Partnership offers to convey to the United States a specified parcel of private land at Cooper Spur and any buildings, furniture, fixtures, and equipment at the Inn at Cooper Spur and the Cooper Spur Ski Area (the nonfederal land), to convey to Mt. Hood Meadows specified NFS land in the Mount Hood National Forest in Government Camp, Clackamas County, Oregon (the federal land).
Sets forth requirements for an appraisal of the federal and non-federal lands. Provides for reservation by the Secretary of specified conservation and trail easements.
Directs the Secretary, if the Port of Cascade Locks, Cascade Locks, Oregon, offers to convey to the United States specified parcels of land (the non-federal land), to convey to the Port a parcel of NFS land in the Columbia River Gorge National Scenic Area (the federal land).
Sets forth requirements for an appraisal of the federal and non-federal lands.
Directs the Secretary, if Clackamus County offers to convey to the United States a specified parcel of land (the non-federal land) to convey to the county a parcel of NFS land in Mount Hood National Forest (the federal land).
Sets forth requirements for an appraisal of the federal and non-federal lands.
Adjusts the boundary of Mount Hood National Forest to include: (1) any land conveyed to the United States under such land exchange; and (2) the BLM land transferred to the Forest Service under section 1204.
Requires the Secretary, as a condition of each of the federal land conveyances under this section, to include in the deed of conveyance a requirement that applicable construction activities and alterations be conducted according to: (1) nationally recognized building and property maintenance codes; and (2) nationally recognized codes for development in the wildland-urban interface and wildfire hazard mitigation.
Instructs the Secretary to ensure that applicable construction activities and alterations undertaken or permitted by the Secretary on NFS land in Mount Hood National Forest are conducted according to those codes.
(Sec. 1207) Directs the Secretary to seek to participate in the development of an integrated, multimodal transportation plan developed by the Oregon Department of Transportation for the Mount Hood Region to achieve comprehensive solutions to transportation challenges to: (1) promote economic development; (2) preserve the landscape of the Mount Hood Region; and (3) enhance public safety.
Specifies the issues to be addressed by the Secretary in the development of the transportation plan, including the feasibility of establishing: (1) a gondola connection that connects Timberline Lodge to Government Camp and is in close proximity to the site of the historic gondola corridor; and (2) an intermodal transportation center in close proximity to Government Camp.
Directs the Secretary to report on and submit an implementation schedule for the vegetation management strategy (including recommendations for biomass utilization) for Mount Hood National Forest being developed by the Forest Service.
Directs the Secretary, in consultation with certain Indian tribes and in a manner consistent with a specified memorandum of understanding, to implement a management plan that meets the cultural foods obligations of the United States under applicable treaties.
Specifies this subtitle’s effect with regard to: (1) the treaty rights of Indian tribes; and (2) Indian trust land or certain land acquired for the benefit of Indian tribes and individual members of tribes.
Authorizes the Secretary to establish a working group for the purpose of providing advice and recommendations to the Forest Service on planning and implementing recreation enhancements in Mount Hood National Forest.
Requires considering the conversion of Forest Service roads in Mount Hood National Forest to recreational uses.
Authorizes the construction of a trail in Mount Hood National Forest suitable for use by persons with disabilities.
Subtitle D: Copper Salmon Wilderness, Oregon - (Sec. 1301) Amends the Oregon Wilderness Act of 1984 to designate certain lands in Siskiyou National Forest as the Copper Salmon Wilderness.
Allows the Secretary of Agriculture, if the boundary of the Copper Salmon Wilderness shares a border with a road, to only establish an offset that is not more than 150 feet from the centerline of the road.
(Sec. 1302) Amends the Wild and Scenic Rivers Act to designate specified segments of the North and South Forks of the Elk River in Oregon as wild or scenic rivers.
(Sec. 1303) Prohibits anything in this subtitle from being construed as diminishing any right of any Indian tribe.
Directs the Secretary to seek to enter into a memorandum of understanding with the Coquille Indian tribe regarding access to the Copper Salmon Wilderness to conduct historical and cultural activities.
Subtitle E: Cascade-Siskiyou National Monument, Oregon - (Sec. 1402) Authorizes the Secretary of the Interior to accept any grazing lease that is voluntarily donated by a lessee with a valid existing grazing lease for a commercial grazing allotment in the Cascade-Siskiyou National Monument, Oregon, and to terminate any such lease so acquired.
Prohibits the Secretary from issuing any new grazing lease within the grazing allotment covered by the lease and requires the Secretary to ensure a permanent end to livestock grazing on the allotment covered by the lease.
Allows a lessee with a grazing lease for a grazing allotment partially within the Monument to elect to donate only that portion of the lease. Requires the Secretary, if a lessee donates a portion of such a lease, to: (1) reduce the authorized grazing level; (2) modify the lease to reflect the reduced level; and (3) prohibit grazing from exceeding authorized levels to ensure that there is a permanent reduction in grazing.
Bars the Secretary, with respect to the Agate, Emigrant Creek, and Siskiyou allotments in and near the Monument, from issuing any grazing lease. Requires the Secretary to ensure a permanent end to livestock grazing on each such allotment. Prohibits the establishment of any new allotments for livestock grazing that include any Monument land, whether leased or not leased for grazing.
Treats a lessee who donates a grazing lease or a portion of such lease as having waived any claim to any range improvement on the associated allotment or portion thereof.
(Sec. 1403) Authorizes the Secretary to offer to convey to the owner of the Box R Ranch certain BLM land in exchange for the Rowlett parcel.
Sets forth requirements for: (1) conditions concerning the conveyance of the BLM land and the Rowlett parcel; and (2) appraisals of such land and parcel.
Requires the lessee of the grazing lease for the Box R grazing allotment to donate such grazing lease in accordance with section 1402.
(Sec. 1404) Authorizes the Secretary to offer to convey to Deerfield Learning Associates a certain parcel of federal land (the federal parcel) in exchange for the Deerfield parcel.
Specifies: (1) conditions concerning the conveyance of the federal parcel and the Deerfield parcel; and (2) appraisals of such parcels.
(Sec. 1405) Designates approximately 24,100 acres of Monument land as the Soda Mountain Wilderness and as a component of the National Wilderness Preservation System.
Sets forth requirements regarding the administration of the Wilderness, including fire, insect, and disease management activities, livestock grazing, fish and wildlife management, and the incorporation of acquired land and interests.
(Sec. 1406) Prohibits anything in this subtitle from: (1) affecting the authority of a federal agency to modify or terminate grazing permits or leases, except as provided in section 1402; (2) authorizing the use of eminent domain; (3) creating a property right in any grazing permit or lease on federal land; (4) establishing a precedent for future grazing permit or lease donation programs; or (5) affecting existing allocation, ownership, interest, or control of any water, water right, or any other valid existing right held by the United States, an Indian tribe, a state, or private individual, partnership, or corporation.
Subtitle F: Owyhee Public Land Management - (Sec. 1502) Directs the Secretary of the Interior to establish the Owyhee Science Review and Conservation Center in Owyhee County, Idaho, to conduct research projects that address natural resources management issues affecting public and private rangeland in the county.
(Sec. 1503) Designates specified land in Idaho as wilderness areas and as components of the National Wilderness Preservation System.
Releases public land in the county administered by the BLM from further study for designation as wilderness.
Sets forth provisions regarding the administration of the areas designated as wilderness, including with respect to: (1) livestock; (2) donation of grazing permits and leases; (3) acquisition of lands and interests; (4) access to private property; (5) fish and wildlife; (6) wildfire, insect, and disease management; and (6) water rights.
Withdraws the federal land designated as wilderness by this subtitle from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
Requires the Secretary to establish a trail plan that addresses hiking and equestrian trails on the land designated as wilderness by this subtitle.
(Sec. 1504) Designates specified creek and river segments within the county as components of the national wild and scenic rivers system. Bars acquisition by the Secretary of any private land within the exterior boundary of a wild and scenic river corridor without the owner’s consent.
(Sec. 1505) Authorizes the Secretary to sell public land within the Boise District of the BLM that has been identified for disposal in appropriate resource management plans.
Requires proceeds from the sale of such land to be deposited in a separate account, to be known as the Owyhee Land Acquisition Account, to be available for the purchase of land or interests in or adjacent to the wilderness areas designated by this subtitle, including the land identified as “Proposed for Acquisition” on the maps entitled in section 1503. Provides for the use, if necessary, of additional amounts appropriated to the Department of the Interior.
Terminates the authority provided under this section on the earlier of the date that is ten years after enactment of this Act or the date on which a specified total amount from the account is expended.
Requires, any amounts remaining in the account upon termination of such authority, to be: (1) credited as sales of public land in Idaho; (2 transferred to the Federal Land Disposal Account established under the Federal Land Transaction Facilitation Act; and (3) used in accordance with that Act.
(Sec. 1506) Directs the Secretary to coordinate with the Shoshone-Paiute Tribes of the Duck Valley Reservation in the implementation of the Shoshone-Paiute Cultural Resource Protection Plan. Instructs the Secretary to seek to enter into agreements with the Tribes to implement the Plan.
(Sec. 1507) Directs the Secretary to prepare one or more travel management plans for motorized and mechanized off-highway vehicle recreation for the land managed by BLM in the county.
Requires the Secretary to conduct resource and route inventories of the area covered by the plan. Limits the use of such recreational vehicles to a system of designated roads and trails established by the plan, with the exception of snowmobiles.
Expresses the intent of Congress that the Secretary complete: (1) a transportation plan for the Owyhee Front by no later than one year after enactment of this Act; and (2) a transportation plan for BLM land in the county outside the Owyhee Front by no later than three years after enactment of this Act.
(Sec. 1508) Authorizes appropriations.
Subtitle G: Sabinoso Wilderness, New Mexico - (Sec. 1602) Designates certain land under the jurisdiction of the Taos Field Office of the BLM in New Mexico as the Sabinoso Wilderness and as a component of the National Wilderness Preservation System.
Requires any acquired land or interest within the boundary of the Sabinoso Wilderness to become part of such wilderness.
Sets forth requirements with respect to livestock grazing in the Sabinoso Wilderness and fish and wildlife in New Mexico.
Continues to allow private landowners adequate access to inholdings in the Sabinoso Wilderness. Requires certain private lands to be managed as an inholding in such wilderness.
Withdraws the lands identified as “Land Withdrawn From Mineral Entry” and “Lands Released From Wilderness Study Area & Withdrawn From Mineral Entry” from: (1) all forms of entry, appropriation, and disposal under the public land laws, except for disposal by exchange in accordance with the Federal Land Policy and Management Act of 1976; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral materials and geothermal leasing laws.
Subtitle H: Pictured Rocks National Lakeshore Wilderness - (Sec. 1652) Designates specified land and inland water within the Pictured Rocks National Lakeshore in Michigan as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Beaver Basin Wilderness.
Makes the line of demarcation the boundary for any part of the Wilderness bordered by Lake Superior. Considers the surface water of the Lake, regardless of the fluctuating lake level, to be outside of the boundary of the Wilderness.
(Sec. 1653) Provides for the continuation of the use of boats powered by electric motors on Little Beaver and Big Beaver Lakes.
(Sec. 1654) Specifies this subtitle’s effect on: (1) treaty rights; (2) management of the water of Lake Superior within the boundary of the Pictured Rocks National Lakeshore; (3) the use of motors on the surface water of the Lake adjacent to the Wilderness; and (4) the beaching of motorboats at the line of demarcation.
Subtitle I: Oregon Badlands Wilderness - (Sec. 1702) Designates certain BLM land in Oregon as wilderness and as a component of the National Wilderness Preservation System, which shall be known as the Oregon Badlands Wilderness.
Requires any acquired land or interest within the boundary of the Oregon Badlands Wilderness to become part of the Wilderness.
Permits established livestock grazing in the Wilderness to continue.
Requires the Secretary of the Interior to provide to any owner of private property within the boundary of the Oregon Badlands Wilderness adequate access to such property.
Designates a certain corridor of BLM-managed land with a width of 25 feet as potential wilderness. Permits authorized and existing nonconforming uses to continue in the potential wilderness. Designates the potential wilderness as wilderness and as a component of the National Wilderness Preservation System and incorporated into the Oregon Badlands Wilderness on the date on which the Secretary publishes in the Federal Register notice that such nonconforming uses have terminated.
(Sec. 1703) Releases specified portions of the Badlands wilderness study area that are not designated as the Oregon Badlands Wilderness or as potential wilderness by this subtitle from further study for designation as wilderness.
(Sec. 1704) Provides for the following land exchanges: (1) the Clarno land exchange; and (2) the Central Oregon Irrigation District land exchange.
Sets forth requirements for the valuation, appraisal, and equalization of the federal and non-federal lands to be exchanged under this section.
Requires any cash equalization payments received by the Secretary to be deposited in the Federal Land Disposal Account established by the Federal Land Transaction Facilitation Act and used in accordance with such Act.
Requires the federal government and the owner of the non-federal land in a land exchange described above to equally share all costs related to the exchange, including the costs of appraisals, surveys, and any necessary environmental clearances. Subjects the exchange of federal and non-federal lands under this section to any easements, rights-of-way, and other valid existing rights. Expresses the intent of Congress that such land exchanges be completed within two years after the enactment of this Act.
(Sec. 1705) Prohibits anything in this subtitle from altering, modifying, enlarging, diminishing, or abrogating the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855.
Subtitle J: Spring Basin Wilderness, Oregon - (Sec. 1752) Designates certain BLM land in Oregon as wilderness and as a component of the National Wilderness Preservation System, to be known as the Spring Basin Wilderness. Requires any acquired land or interest within the boundary of the Wilderness to become part of such Wilderness.
Permits established livestock grazing in the Wilderness to continue.
(Sec. 1753) Releases specified portions of the Spring Basin wilderness study area that are not designated as the Spring Basin Wilderness by section 1752 from further study for designation for preservation as wilderness.
(Sec. 1754) Provides for the following land exchanges in Oregon: (1) the Confederated Tribes of the Warm Springs Indian Reservation land exchange; (2) the McGreer land exchange; (3) the Keys land exchange; and (4) the Bowerman land exchange.
Withdraws the non-federal land acquired by the Secretary of the Interior from the Confederated Tribes of the Warm Springs Reservation from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent, under the mining laws; and (3) disposition under any law relating to mineral and geothermal leasing or mineral materials.
Sets forth requirements for the valuation, appraisal, and equalization of the federal and non-federal lands to be exchanged under this section.
Requires any cash equalization payments received by the Secretary to be deposited in the Federal Land Disposal Account established by the Federal Land Transaction Facilitation Act and used in accordance with such Act.
Requires the federal government and the owner of the non-federal land in a land exchange described above to equally share all costs related to the exchange, including the costs of appraisals, surveys, and any necessary environmental clearances.
Subjects the exchange of federal and non-federal lands under this section to any easements, rights-of-way, and other valid existing rights. Expresses the intent of Congress that such land exchanges be completed within two years after the enactment of this Act.
(Sec. 1755) Prohibits anything in this subtitle from altering, modifying, enlarging, diminishing, or abrogating the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855.
Subtitle K: Eastern Sierra and Northern San Gabriel Wilderness, California - (Sec. 1802) Designates the following areas in California as wilderness areas and as components of the National Wilderness Preservation System: (1) certain lands in the Humboldt-Toiyabe and Inyo National Forests, which shall be considered as part of the Hoover Wilderness; (2) certain lands in the Inyo National Forest which shall be known as the Owens River Headwaters Wilderness; (3) certain lands in the Inyo National Forest and lands administered by the BLM in Inyo County, which shall be considered to be part of the John Muir Wilderness; (4) certain lands in the Inyo National Forest, which shall be considered to be part of the Ansel Adams Wilderness; (5) certain lands in the Inyo National Forest and lands administered by BLM in Mono County, which shall be known as the White Mountains Wilderness; (6) certain lands administered by BLM in Mono County, which shall be known as the Granite Mountain Wilderness; and (7) certain lands in the Angeles National Forest, which shall be known as the Magic Mountain Wilderness and the Pleasant View Ridge Wilderness.
Prohibits the designation of the Hoover Wilderness addition from affecting the ongoing activities of the adjacent U.S. Marine Corps Mountain Warfare Training Center on land outside such wilderness addition in accordance with the agreement between the Center and the Humboldt-Toiyabe National Forest.
Adjusts the boundary of the John Muir Wilderness to include the land identified on the map entitled “John Muir Wilderness—Revised”, September 16, 2008.
(Sec. 1803) Sets forth provisions for the administration of the wilderness areas designated by this subtitle.
Requires any acquired land or interest within the boundary of such a wilderness area to become part of the area in which the land is located.
Withdraws any federal land designated as a wilderness area by this subtitle from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing or mineral materials.
Sets forth requirements regarding: (1) fire management and related activities; (2) access to private property; (3) military flight activities; (4) livestock grazing; (5) fish and wildlife management; (6) recreational and commercial horseback riding; and (7) outfitter and guide use.
Transfers administrative jurisdiction over specified land from: (1) the BLM to the Forest Service to be managed as part of the White Mountains Wilderness; (2) the BLM to the Forest Service to be managed as part of the John Muir Wilderness; and (3) the Forest Service to the BLM to be managed as part of the Granite Mountain Wilderness.
(Sec. 1804) Releases any parts of the following areas from further study for designation as wilderness: (1) the Masonic Mountain Wilderness Study Area; (2) the Mormon Meadow Wilderness Study Area; (3) the Walford Springs Wilderness Study Area; and (4) the Granite Mountain Wilderness Study Area.
(Sec. 1805) Amends the Wild and Scenic Rivers Act to designate segments of the following as components of the national wild and scenic rivers system: (1) the Amargosa River; (2) the Owens River; (3) the Cottonwood Creek; and (4) Piru Creek.
Prohibits the designation of Piru Creek under this section from affecting existing valid rights.
(Sec. 1806) Designates certain lands in the Humboldt-Toiyabe National Forest as the Bridgeport Winter Recreation Area. Sets forth provisions regarding the management of the Area, including allowing the winter use of snowmobiles in the Area. Requires the Secretary of Agriculture or the Secretary of the Interior (the Secretary) to undergo a public process for the development of a winter use management plan for the Area.
Instructs the Secretary to prioritize enforcement activities in the Area to: (1) prohibit degradation of natural resources in the Area; (2) prevent interference with nonmotorized recreation on the Pacific Crest National Scenic Trail; and (3) reduce user conflicts in the Area.
Requires the Secretary to establish a snowmobile crossing point along the Trail.
(Sec. 1807) Requires certain lands in the Humboldt-Toiyabe National Forest to be managed in a manner consistent with the non-wilderness forest areas immediately surrounding the Pickel Hill Management Area, including allowing snowmobile use.
(Sec. 1808) Designates certain public lands in California as the Ancient Bristlecone Pine Forest. Sets forth requirements for the management of the Forest. Specifies the uses the Forest, including allowing scientific research in the Forest in accordance with the Inyo National Forest Land and Resource Management Plan.
Withdraws all federal land within the Forest from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing or mineral materials.
Subtitle L : Riverside County Wilderness, California - (Sec. 1851) Designates the following lands in California as wilderness: (1) certain BLM lands in the Cleveland National Forest, to be part of the Agua Tibia Wilderness; (2) specified lands in the San Bernardino National Forest to be known as the Cahuilla Mountain Wilderness and the South Fork San Jacinto Wilderness and certain BLM land in such Forest as part of the Santa Rosa Wilderness; (3) certain BLM land in Riverside County, to be known as the Beauty Mountain Wilderness; (4) certain land in Joshua Tree National Park, to be part of the Joshua Tree Wilderness; (5) certain BLM land in the county as part of the Orocopia Mountains Wilderness (excluding specified corridors); (6) certain BLM land in the county as part of the Palen/McCoy Wilderness; (7) certain BLM land in the county to be known as the Pinto Mountains Wilderness; and (8) certain BLM land in the county as part of the Chuckwalla Mountains Wilderness.
Prohibits anything in this section from prohibiting construction, operation, or maintenance of existing utility facilities outside of the wilderness areas and additions designated by this section.
Designates certain lands in the Joshua Tree National Park as potential wilderness. Requires the Secretary of the Interior to manage such land as wilderness until it is incorporated into the Joshua Tree Wilderness, effective when the Secretary publishes notice that all uses of the land prohibited by the Wilderness Act have ceased and that sufficient inholdings have been acquired to establish a manageable wilderness unit.
Requires any acquired land within the boundaries of a wilderness area or wilderness addition to become part of the wilderness area in which the land is located. Withdraws the land designated as wilderness from all forms of: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.
Authorizes the Secretary to take such measures in a wilderness area or addition designated by this section as are necessary for the control of fire, insects, and diseases. Prohibits anything in this section from limiting funding for fire and fuels management in the wilderness areas and additions designated by this section.
Directs the Secretary to: (1) amend the local fire management plans that apply to the land designated as a wilderness area or addition by this section; and (2) establish agency approval procedures (including appropriate delegations of authority to the Forest Supervisor, District Manager, or other agency officials) for responding to fire emergencies and enter into agreements with state or local firefighting agencies.
Provides for the grazing of livestock in the wilderness areas and wilderness additions designated by this section.
Provides for access to the Cahuilla Mountain Wilderness by Indian tribes for traditional cultural purposes.
(Sec. 1852) Amends the Wild and Scenic Rivers Act to designate as wild, scenic, or recreational rivers specified segments of the North Fork San Jacinto River, Fuller Mill Creek, Palm Canyon Creek, and Bautista Creek in California.
(Sec. 1853) Amends the Santa Rosa and San Jacinto Mountains National Monument Act of 2000 to include additional lands within the boundaries of the Santa Rosa and San Jacinto Mountains National Monument.
Revises the number of members of the advisory committee of the National Monument needed to attain a quorum.
Subtitle M: Sequoia and Kings Canyon National Parks Wilderness, California - (Sec. 1902) Designates certain land and potential wilderness additions in California in the Sequoia and Kings Canyon National Parks titled as “John Krebs Wilderness” as wilderness areas and as components of the National Wilderness Preservation System.
Prohibits the designation of the potential wilderness additions from prohibiting the operation, maintenance, and repair of the small check dams and water impoundments on Lower Franklin Lake, Crystal Lake, Upper Monarch Lake, and Eagle Lake. Authorizes the Secretary of the Interior to allow the use of helicopters for the operation, maintenance, and repair of such dams and water impoundments on such Lakes. Designates the potential wilderness additions as wilderness and incorporates them into the John Krebs Wilderness upon termination of the non-conforming uses.
Designates certain lands in California in the Sequoia and Kings Canyon National Parks as wilderness areas and as components of the National Wilderness Preservation System and which shall be considered to be a part of the Sequoia-Kings Canyon Wilderness.
(Sec. 1903) Continues management of the maintenance and access to hydrologic, meteorologic, and climatological devices, facilities, and associated equipment consistent with House Report 98-40.
Specifies this subtitle’s effect with regard to: (1) authorized activities conducted outside of an area designated as wilderness by this subtitle by cabin owners in the Mineral King Valley area and property owners and lessees in the Silver City inholding; and (2) recreational and commercial horseback riding in the wilderness areas.
(Sec. 1904) Authorizes appropriations.
Subtitle N: Rock Mountain National Park Wilderness, Colorado - (Sec. 1952) Designates certain lands in Rocky Mountain National Park, Colorado, as wilderness (the Wilderness) and as a component of the National Wilderness Preservation System. Provides for the inclusion of specified potential wilderness land in the Wilderness. Excludes specified land from such Wilderness.
Sets forth provisions: (1) for the administration of any land designated as wilderness under this section or added to the Wilderness after enactment of this Act; and (2) regarding water rights and fire, insect, and disease control.
(Sec. 1953) Sets forth provisions: (1) governing continued operations at the Grand River Ditch; and (2) concerning the Alva B. Adams Tunnel and other Colorado-Big Thompson Project facilities.
(Sec. 1954) Directs the Secretary of the Interior to establish an alignment line and identify the boundaries for the East Shore Trail within the East Shore Trail Area. Authorizes necessary adjustments in such boundaries to protect resources, if the adjustment would not place any portion of the Trail in such Wilderness. Includes any portion of the Area that is not traversed by the Trail, that is not west of the Trail, and that is not within 50 feet of the centerline of the Trail in such Wilderness.
Prohibits any use of motorized vehicles and other motorized machinery in the Area that was not permitted on March 1, 2006. Requires the Area, until the Secretary authorizes the construction of the Trail and the use of it for non-motorized bicycles, to be managed to: (1) protect any wilderness characteristics; and (2) maintain the suitability of the Area for inclusion in the Wilderness.
(Sec. 1955) Amends the Indian Peaks Wilderness Area, the Arapaho National Recreation Area and the Oregon Islands Wilderness Area Act to adjust the boundaries of: (1) the Indian Peaks Wilderness Area; and (2) the Arapaho National Recreation Area.
(Sec. 1956) Applies provisions governing leases of National Park System buildings and property to property known as the Leiffer tract near the Park’s eastern boundary in Larimer County, Colorado.
Subtitle O: Washington County, Utah - (Sec. 1972) Designates specified public lands in Utah as wilderness and as components of the National Wilderness Preservation System.
Sets forth requirements for the administration of the designated wilderness areas, including regarding livestock grazing, wildfire, insect, and disease control, acquisition and incorporation of land and interests, Native American cultural and religious uses, water rights, fish and wildlife, and wildlife water development projects. Authorizes the Secretary to acquire land or interests in any such area designated as wilderness. Permits the installation and maintenance of hydrologic, meteorologic, or climatological collection devices if the facilities and access to them are essential to flood warning, flood control, or water reservoir operation activities.
Releases certain wilderness study areas in Washington County, Utah, from further study for designation as wilderness.
Transfers administrative jurisdiction to the National Park Service (NPS) over the Watchman Wilderness, which shall be included in Zion National Park in Washington County, Utah.
(Sec. 1973) Designates specified federal land in Zion National Park as a component of the National Wilderness Preservation System, which shall be known as the Zion Wilderness. Requires any acquired land in the Park to become part of such wilderness area.
(Sec. 1974) Establishes the Red Cliffs National Conservation Area in Utah. Requires the development of a comprehensive management plan for the long-term management of the Conservation Area. Allows only the uses of the Conservation Area that would further the Area’s purposes.
Sets forth requirements regarding motorized vehicles, livestock grazing, and wildland fire operations. Requires any acquired land or interest within the Conservation Area to become part of such area.
Withdraws all federal land in the Conservation Area from: (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Provides for the withdrawal of any additional land in the Area that is acquired after the enactment of this Act from the operation of all such laws upon the date the land is acquired.
Specifies this section’s effect on the development of utilities within the Conservation Area.
(Sec. 1975) Establishes the Beaver Dam Wash National Conservation Area in Utah. Requires the development of a comprehensive management plan for the long-term management of the Conservation Area. Allows only the uses of the Conservation Area that would further the the Area’s purposes.
Sets forth requirements regarding motorized vehicles, livestock grazing, and wildland fire operations.
Requires any acquired land or interest within the Conservation Area to become part of such area.
Withdraws all federal land in the Conservation Area from: (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Provides for such withdrawal of any additional land in the Conservation Area that is acquired after the enactment of this Act from the operation of all such laws upon the date the land is acquired.
(Sec. 1976) Designates specified segments of the Virgin River and its tributaries across federal land within and adjacent to Zion National Park as components of the national wild and scenic rivers system. Requires the incorporation of any acquired non-federal land within or adjacent to the Park that includes a segment that is contiguous to a segment of the Virgin River as part of the applicable wild, scenic, or recreational river.
Prohibits the wild and scenic river designations under this section from affecting the agreement among the United States, the state of Utah, the Washington County Water Conservancy District, and the Kane County Water Conservancy District titled “Zion National Park Water Rights Settlement Agreement” and dated December 4, 1996.
(Sec. 1977) Requires development of a comprehensive Washington County travel management plan for the land managed by the BLM in the county. Requires the identification of one or more alternatives for a northern transportation route in the county.
Directs the Secretary of the Interior to designate a trail which shall be known as the “High Desert Off-Highway Vehicle Trail.” Requires only the inclusion of trails that are already authorized for use by off-highway vehicles and that are on land that is managed by the BLM in Washington County. Authorizes the Secretary of Agriculture to designate a portion of the Trail on National Forest System land within the county.
(Sec. 1978) Authorizes the Secretary of the Interior to sell public land within Washington County that, as of July 25, 2000, has been identified for disposal in appropriate resource management plans.
Requires the proceeds from the sale of such land to be deposited in the Washington County, Utah Land Acquisition Account. Makes amounts in such Account available for the purchase of lands or interests within the wilderness areas and National Conservation Areas established by this subtitle.
(Sec. 1979) Sets forth provisions regarding the management of priority biological areas in Washington County. Authorizes grants and cooperative agreements for the carrying out of initiatives related to the restoration or conservation of such areas.
(Sec. 1980) Provides for the conveyance of specified parcels of public land in Washington County for use for specified public purposes.
Requires reversion to the United States of any parcel that ceases to be used for the public purpose for which it was conveyed. Requires, if the Secretary of the Interior determines that the land should revert and if it is contaminated with hazardous waste, the local governmental entity to which the land was conveyed to be responsible for remediation of the contamination.
(Sec. 1981) Authorizes the Secretary to convey specified federal land in Dixie National Forest in Utah to Kirk R. Harrison (the landowner), who owns land in Pinto Valley. Requires the landowner to pay to the Secretary of Agriculture the fair market value of any federal land conveyed, as determined by an appraisal to be performed in accordance this section. Sets forth requirements for the disposition and use of the proceeds from any sale of such land. Makes deposited amounts available for the acquisition of real property or interests for inclusion in the Dixie National Forest.
(Sec. 1982) Directs the Secretary of the Interior to take into trust approximately 640 acres of BLM-managed land in Washington County, Utah, (Parcel A) for the benefit of the Shivwits Band of Paiute Indians of the state of Utah, which shall be considered to be part of the reservation of the Tribe.
(Sec. 1983) Authorizes appropriations.
Title II: Bureau of Land Management Authorizations - Subtitle A: National Landscape Conservation System - (Sec. 2002) Establishes in the BLM the National Landscape Conservation System (thus, enacting into law the National Landscape Conservation System [NLCS] created by BLM in 2000) in order to conserve, protect, and restore nationally significant landscapes that have outstanding cultural, ecological, and scientific values for the benefit of current and future generations.
Requires that the NLCS include each of the following areas administered by BLM: (1) each area that is designated as a national monument, a national conservation area, a wilderness study area, a national scenic trail or historic trail designated as a component of the National Trails System, a component of the National Wild and Scenic Rivers System, or a component of the National Wilderness Preservation System; and (2) any area designated by Congress to be administered for conservation purposes, including the Steens Mountain Cooperative Management and Protection Area (as designated under the Steens Mountain Cooperative Management and Protection Act of 2000), the Headwaters Forest Reserve, the Yaquina Head Outstanding Natural Area, public land within the California Desert Conservation Area administered by the BLM for conservation purposes, and any additional area designated by Congress for inclusion in the NLCS.
Prohibits anything in this subtitle from: (1) enhancing, diminishing, or modifying any law or proclamation under which the components of the NLCS specified above were established, or are managed, including, the Alaska National Interest Land Conservation Act, the Wilderness Act, the Wild and Scenic Rivers Act, the National Trails System Act, and the Federal Land Policy and Management Act of 1976; (2) affecting the authority, jurisdiction, or responsibility of the several states to manage, control, or regulate fish and resident wildlife under state law or regulations, including the regulation of, or access to, hunting, fishing, trapping, and recreational shooting on BLM-managed public land; and (3) limiting access to such activities.
(Sec. 2003) Authorizes appropriations.
Subtitle B: Prehistoric Trackways National Monument - (Sec. 2103) Establishes the Prehistoric Trackways National Monument in New Mexico in order to conserve, protect, and enhance the unique and nationally important paleontological, scientific, educational, scenic, and recreational resources and values of specified public land in Dona Ana County, New Mexico.
(Sec. 2104) Requires the Monument to be managed as a component of the National Landscape Conservation System.
Directs the Secretary of the Interior to develop a comprehensive management plan for the long-term protection and management of the Monument: (1) which shall describe the appropriate uses and management of the Monument and shall allow for continued scientific research at the Monument during the development of the plan; and (2) which may incorporate any appropriate decisions contained in any current management or activity plan for the land for the Monument and use information developed in studies of any land within or adjacent to the Monument that were conducted before the enactment of this Act.
Instructs the Secretary to only allow uses of the Monument that would further the purposes for which it has been established.
Requires the Secretary to provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given to exhibiting and curating the resources in Dona Ana County. Allows the Secretary to enter into cooperative agreements with appropriate public entities to carry out such activities.
Prohibits the establishment of the Monument from changing the management status of any area within the boundary of the Monument that is: (1) designated as a wilderness study area and managed in accordance with provisions regarding the status of lands during the period of review and determination for designation as wilderness under the Federal Land Policy and Management Act of 1976; or (2) managed as an area of critical environmental concern. Requires, if there is a conflict between the laws applicable to such areas and this subtitle, the more restrictive provision to control.
Permits the use of motorized vehicles in the Monument only on roads and trails designated for use by such vehicles under the management plan, except as needed for administrative purposes or to respond to an emergency.
Allows the Secretary to issue permits for special recreation events involving motorized vehicles within the Monument’s boundaries: (1) to the extent the events do not harm paleontological resources; and (2) subject to any terms and conditions that the Secretary determines to be necessary.
Withdraws any federal land within the Monument and any land or interest in land that is acquired by the United States for inclusion in the Monument from: (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing laws, geothermal leasing laws, and minerals materials laws.
Permits grazing to continue in any area of the Monument in which grazing is currently allowed, subject to applicable laws (including regulations).
Prohibits anything in this subtitle from constituting an express or implied reservation by the United States of any water or water rights with respect to the Monument.
(Sec. 2105) Authorizes appropriations.
Subtitle C: Fort Stanton-Snowy River Cave National Conservation Area - (Sec. 2202) Establishes the Fort Stanton-Snowy River National Cave Conservation Area in Lincoln County, New Mexico, to protect, conserve, and enhance the unique and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system.
Includes the area within the boundaries depicted on the map entitled “Fort Stanton-Snowy River Cave National Conservation Area” and dated December 15, 2008, within the Conservation Area.
(Sec. 2203) Instructs the Secretary to only allow uses of the Conservation Area that are consistent with the protection of the cave resources.
Requires the Secretary of the Interior, acting through the Director of the BLM, in administering the Conservation Area, to include providing for management of the surface area of the Conservation Area in accordance with the Fort Stanton Area of Critical Environmental Concern Final Activity Plan dated March, 2001.
Withdraws all federal surface and subsurface land within the Conservation Area and all lands and interests in the surface and subsurface land acquired for inclusion in the Conservation Area from: (1) all forms of entry, appropriation, or disposal under the general land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws.
Directs the Secretary to develop a comprehensive plan for the long-term management of the Conservation Area. Requires such plan to provide for a cooperative agreement with Lincoln County to address the historical involvement of the local community in the interpretation and protection of the resources of such Area.
Authorizes the Secretary to establish facilities for: (1) the conduct of scientific research; and (2) the interpretation of the historical, cultural, scientific, archaeological, natural, and educational resources of the Conservation Area.
Prohibits anything in this subtitle from constituting an express or implied reservation of any water right.
(Sec. 2204) Authorizes appropriations.
Subtitle D: Snake River Birds of Prey National Conservation Area - (Sec. 2301) Renames the Snake River Birds of Prey National Conservation Area in Idaho as the Morley Nelson Snake River Birds of Prey National Conservation Area.
Subtitle E: Dominguez-Escalante National Conservation Area - (Sec. 2402) Establishes the Dominguez-Escalante National Conservation Area in Colorado to conserve and protect the unique and nationally important values of certain public land and the water resources of area streams that are necessary to support aquatic, riparian, and terrestrial species and communities.
Requires management of the Conservation Area as a component of the National Landscape Conservation System.
Specifies the uses of the Conservation Area, including allowing the use of motorized vehicles in the Area.
(Sec. 2403) Designates certain lands in Mesa, Montrose, and Delta Counties in Colorado as wilderness and as a component of the National Wilderness Preservation System, to be known as the Dominguez Canyon Wilderness Area.
(Sec. 2405) Sets forth provisions for the management of the Conservation Area and the Wilderness, including with regard to: (1) grazing leases and permits and the grazing of livestock; (2) the control of fire, insects, diseases, and nonnative invasive plants and noxious weeds; and (3) water rights.
Withdraws all federal land within the Conservation Area and the Wilderness and all land and interests acquired within such area and wilderness from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Authorizes the Secretary of the Interior to acquire non-federal land within the boundaries of the Conservation Area or the Wilderness only through exchange, donation, or purchase.
Continues adequate access by private landowners to inholdings in the Conservation Area.
(Sec. 2406) Directs the Secretary to: (1) develop a comprehensive management plan for the long-term protection and management of the Conservation Area; and (2) establish the Dominguez-Escalante National Conservation Area Advisory Council to advise the Secretary on the implementation of the management plan.
(Sec. 2408) Authorizes appropriations.
Subtitle F: Rio Puerco Watershed Management Program - (Sec. 2501) Amends the Omnibus Parks and Public Lands Management Act of 1996 (the Act) to: (1) include representatives of the Environmental Protection Agency (EPA) on the Rio Puerco Management Committee; (2) terminate the Committee ten years after the enactment of this Act (under current law, ten years after the enactment of the Act; and (3) authorize appropriations for the Rio Puerco Watershed Management Program.
Subtitle G: Land Conveyances and Exchanges - (Sec. 2601) Provides for the conveyance of specified Forest Service and BLM land or interest (the federal land) in Nevada by the Secretary of Agriculture and the Secretary of the Interior in exchange for specified non-federal land by Carson City Consolidated Municipality, Nevada (the City).
Requires the City to deposit a specified amount in the Silver Saddle Endowment Account established by this section before the conveyance of the Bernhard parcel.
Requires the Secretary of the Interior to reserve a perpetual conservation easement to the Silver Saddle Ranch and Carson River Area.
Requires certain of the conveyed federal land to be managed by the City for the maintenance of undeveloped open space and the preservation of the natural characteristics of the land, with specified exceptions, including, permitting the City to conduct projects on the land to reduce fuels and to construct trails, trailhead facilities, and any infrastructure that is required for municipal water and flood management activities.
Releases the reversionary interest of BLM in certain of the conveyed federal land. Provides for the conveyance of such land by the City.
Makes the non-federal land part of the Humboldt-Toiyabe National Forest. Requires the Secretary of Agriculture to implement a management plan for National Forest System land that ensures the protection and stabilization of the National Forest System land to minimize the impacts of flooding on the City.
Provides for the conveyance of specified non-federal land administered by the City to the BLM.
Transfers administrative jurisdiction over certain Forest Service land from the Secretary of Agriculture to the Secretary of the Interior. Requires the City to be granted a right-of-way for maintenance of flood management facilities on such land.
Directs the Secretary of the Interior to conduct sales of specified federal land to qualified bidders. Requires the City, before a sale of the land, to certify that qualified bidders have agreed to comply with City zoning ordinances and any master plan for the area approved by the City. Withdraws such federal land from: (1) all forms of entry and appropriation under the public land laws, with the exception of sales of such land; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing and geothermal leasing laws.
Sets forth requirements for the disposition of the proceeds from the sale of certain of the federal land. Makes amounts deposited in the Silver Saddle Endowment Account available for the oversight and enforcement of the conservation easement reserved to the Silver Saddle Ranch and Carson River Area.
Withdraws specified federal urban interface land from: (1) all forms of entry and appropriation under the public land laws and mining laws; (2) location and patent under the mining laws; and (3) operation of the mineral laws, geothermal leasing laws, and mineral material laws. Requires the withdrawal of any land or interest within the boundaries of such land acquired after the enactment of this Act.
Limits the use of motorized and mechanical vehicles on federal land within the City to existing roads and trails unless as needed for administrative purposes or to respond to an emergency until the completion of a transportation plan.
Amends the Southern Nevada Public Land Management Act of 1998 to make amounts in the special account available to the City for the development of parks, trails, and natural areas and up to 10% for conservation initiatives on federal land in the City administered by the Department of the Interior or the Department of Agriculture. Makes the City eligible to nominate for expenditure amounts to acquire lands or interests for parks and natural areas and for conservation initiatives adjacent to and within the floodplain of Carson River. Extends the deadline under which Washoe County can be eligible to nominate for expenditure amounts to acquire land, as specified in such Act, and develop one regional park and natural area.
Directs specified land to be held in trust for the Washoe Tribe of Nevada and California and become part of the reservation of the Tribe. Prohibits the use of such land for class II and class III gaming. Limits the use of such land to ceremonial, conservation, commercial, and residential uses as specified. Authorizes the Secretary of Agriculture to carry out any thinning and other landscape restoration activities on such land that is beneficial to the Tribe and the Forest Service.
Amends Public Law 108-67 (relating to the conveyance of certain land in the Lake Tahoe Basin Management Unit in Nevada to be held in trust for the Washoe Tribe of Nevada and California [the Tribe]) to revise the acreage and location of such conveyance by directing the Secretary of Agriculture, as prescribed by such law, to convey to the Secretary of the Interior, in trust for the Tribe, approximately 23 acres of land identified as “Parcel A” on the map titled “Skunk Harbor Conveyance Correction, “ dated September 12, 2008 (the map).
Requires the Secretary of Agriculture to complete a survey and legal description of the boundary lines establishing the boundaries of the trust land.
Specifies this Act’s effect on public access to and use of land remaining within the Lake Tahoe Basin Management Unit after the conveyance of such land to the Secretary of the Interior.
Requires the Secretary of the Interior to transfer administrative jurisdiction over the land identified as “Parcel B” on the map to the Secretary of Agriculture.
Directs the Secretary of Agriculture to implement a cooperative agreement ensuring access by the Tribe’s members and others in its community across National Forest System land from the City to Lake Tahoe for cultural and religious purposes.
Requires the City to notify the Tribe of proposed ground disturbing activities to provide the Tribe with time for inventorying and collecting tribal artifacts. Permits the Tribe to collect and possess any artifacts related to the Tribe in the land identified as “Parcel #2” on the map.
Authorizes appropriations to carry out this section.
(Sec. 2602) Directs the Secretary of the Interior to convey to the city of Henderson, Nevada, all interest of the United States in and to specified federal land in Henderson (the Transition Area).
Permits the city, after conveyance, to sell, lease, or otherwise convey any part or parts of the Transition Area for nonresidential development purposes. Allows the sale, lease, or otherwise conveyance of parcels within such area only in accordance with the procedures for conveyances established in the city’s charter.
Requires the gross proceeds from the sale of such land to be distributed in accordance with the Southern Nevada Public Land Management Act of 1998.
Allows the city to elect to retain parcels in the Transition Area for public recreation or other public purposes consistent with the Recreation and Public Purposes Act.
Requires the city to: (1) plan and manage the Transition Area in accordance with federal law and regulations relating to airport noise compatibility planning; and (2) agree that if any land in the Transition area is sold, leased, or otherwise conveyed by the city, the sale, lease, or conveyance shall contain a limitation to require uses compatible with that airport noise compatibility planning.
(Sec. 2603) Authorizes the Secretary of the Interior, acting through the Director of the BLM, to accept the relinquishment of all or part of the Alta-Hualapai Site by the city of Las Vegas, Nevada.
Directs the Secretary, after relinquishment of all or part of the Alta-Hualapai Site, to convey to the Nevada Cancer Institute (the Institute) in Las Vegas, the part of the Site that is necessary for the development of a nonprofit cancer institute.
Requires the Secretary, after a request from the city, to convey to the city any remaining part of the Alta-Hualapai Site necessary for ancillary medical or nonprofit use compatible with the Institute’s mission. Requires the proceeds from any conveyance by the city of any part of the land received to be distributed in accordance with Public Law 105-263 (the Southern Nevada Public Land Management Act of 1998).
Requires the conveyance by the Secretary under this section to be at no cost, except that the Secretary may require the recipient to bear any costs associated with the transfer of title or any necessary land surveys.
Requires the Secretary to submit a report on all transactions conducted under Public Law 105-263.
Authorizes the Secretary to grant rights-of-way to the Las Vegas Valley Water District on a portion of the Alta-Hualapai Site for a flood control project and a water pumping facility.
(Sec. 2604) Directs the Secretary of the Interior, if Turnabout Ranch of Escalante, Utah, submits an offer to the Secretary to acquire specified federal land for the appraised value, to convey to the Ranch all interest to such land.
Requires the Secretary to complete an appraisal of the federal land, as specified in this section.
Requires the Secretary to deposit the proceeds from the conveyance of the federal land in the Federal Land Deposit Account established by the Federal Land Transaction Facilitation Act, to be spent in accordance with such Act.
Modifies the boundaries of the Grand Staircase-Escalante National Monument in Utah to exclude the federal land conveyed to Turnabout Ranch when the conveyance is completed.
(Sec. 2605) Authorizes the Utah National Parks Council of the Boy Scouts of America (the Boy Scouts) to convey to Brian Head Resort certain public land in Utah acquired under the Recreation and Public Purposes Act for the purpose of operating a camp in exchange for conveyance by Brian Head Resort of certain of its private land to the Boy Scouts.
Grants, the Secretary of the Interior, upon the conveyance of the public land, discretion as to whether or not the reversionary interests of the United States are to be exercised with respect to that land.
Subjects the private land, upon conveyance to the Boy Scouts, to the terms and conditions imposed on the entire tract of land acquired by the Boy Scouts for a camp.
(Sec. 2606) Directs the Secretary of the Interior, if the Public Utility District No. 1 of Douglas County, Washington (the District), submits to the Secretary an offer to acquire certain public land managed by the BLM for the appraised value, to convey to the District all interest of the United States in and to the public land.
Requires: (1) the District to pay to the Secretary an amount equal to the appraised value of the public land, as determined according to this section; and (2) any costs related to such conveyance to be paid by the District.
Requires the deposit of the proceeds from such land sale in the Federal Land Disposal Account established pursuant to the Federal Land Transaction Facilitation Act, which shall be spent for improving access to public lands administered by the BLM in the state of Washington.
Withdraws the public land from: (1) all forms of entry, appropriation, or disposal under the public land laws; (2) location, entry, and patenting under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. Terminates such requirement for withdrawal of the public land two years after enactment of this Act or upon the completion of the conveyance under this section.
Instructs the Secretary to retain the authority to place conditions on the license granted to the Secretary under the Federal Power Act to insure adequate protection and utilization of the public land until the Federal Energy Regulatory Commission (FERC) has issued a new license for the Wells Hydroelectric Project to replace the original license expiring on May 31, 2012.
(Sec. 2607) Directs the Secretary of the Interior, acting through the BLM, to convey four specified parcels of land in Twin Falls County, Idaho, to the city of Twin Falls for use to support public purposes of the Auger Falls Project, including a limited agricultural exemption to allow for water quality and wildlife habitat improvements.
Prohibits the use of the conveyed land for residential or commercial purposes, except for the limited agricultural exemption described above.
Requires, if, the conveyed land land reverts to the United States, and if it is environmentally contaminated, the city or any other person responsible for the contamination to remediate such contamination.
(Sec. 2608) Releases specified land in the Sunrise Mountain Instant Study Area of Clark County, Nevada, from further study for designation as wilderness.
(Sec. 2609) Directs the Secretary of the Interior to: (1) convey to Park City, Utah, two parcels of property in Park City that are currently under the management jurisdiction of the BLM and known as the White Acre and Gambel Oak properties; and (2) offer for sale two specified parcels of property in Park City that are currently under the management jurisdiction of the BLM.
Requires all proceeds derived from the sale of such parcels to be deposited in the Federal Land Disposal Account established under the Federal Land Transaction Facilitation Act.
(Sec. 2610) Releases any reversionary interests of the United States (including interests under the Union Pacific Railroad Act) in and to specified railroad lands in the City of Reno, Nevada, that were originally granted to the Union Pacific Railroad under the provisions of such Act.
(Sec. 2611) Declares that specified federal lands are to be held in trust by the United States for the benefit of the Tuolumne Band of Me-Wuk Indians of the Tuolumne Rancheria of California (the Tribe) for nongaming purposes.
Subjects: (1) such lands to the same terms and conditions as those lands described in the California Indian Land Transfer Act; and (2) specified lands taken or to be taken into trust for the Tribe’s benefit to the Act’s requirements regarding the applicability of laws governing lands which are to be held in trust for the benefit of a tribe, band, or group of Indians pursuant to the Act.
Requires the Office of Cadastral Survey of the BLM to complete: (1) fieldwork required for a survey of the federal lands and trust lands for the purpose of incorporating those lands within the boundaries of the Tuolumne Rancheria; and (2) the survey within 90 days after the fieldwork is completed.
Title III: Forest Service Authorizations - Subtitle A: Watershed Restoration and Enhancement - (Sec. 3001) Amends the Department of the Interior and Related Agencies Appropriations Act, 1999 to make permanent the authorization for the Secretary of Agriculture to use Forest Service appropriations for the purpose of entering into cooperative agreements with government, private, and nonprofit entities and landowners for the protection, restoration, and enhancement of fish and wildlife habitat and other resources on public or private land and/or the reduction of risk from natural disaster.
Makes provisions regarding executive agency use of procurement contracts, grants, and cooperative agreements inapplicable to: (1) watershed restoration and enhancement agreements entered into under such Act; and (2) cooperative agreements between the Secretary of Agriculture and public or private entities for Forest Service programs.
Subtitle B: Wildland Firefighter Safety - (Sec. 3101) Directs the Secretary of the Interior, through the Directors of the BLM, U.S. Fish and Wildlife Service, the National Park Service (NPS), and the Bureau of Indian Affairs (BIA), and the Secretary of Agriculture, acting through the Chief of the Forest Service, to jointly submit annual reports to Congress on the wildland firefighter safety practices of the Secretaries.
Requires such reports to include: (1) a description of, and any changes to, wildland firefighter safety practices; (2) statistics and trend analyses; (3) an estimate of the amount of federal funds spent by the Secretaries on wildland firefighter safety practices; (4) progress made in implementing recommendations from the Inspector General, the Government Accountability Office (GAO), the Occupational Safety and Health Administration (OSHA), or an agency report related to a wildland firefighting fatality issued during the preceding ten years; and (5) a description of the provisions related to wildland firefighter safety practices in any federal contract or other agreement governing the provision of wildland firefighters by a non-federal entity and a summary of any actions taken by the Secretaries to ensure compliance with the safety practices provisions.
Subtitle C: Wyoming Range - (Sec. 3202) Withdraws specified National Forest System land and federally owned minerals located within the boundaries of the Bridger-Teton National Forest (the Wyoming Range withdrawal area) from: (1) all forms of appropriation or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under laws relating to mineral and geothermal leasing. Requires that if any such right is relinquished or otherwise acquired by the United States (including through donation under section 3203), the land subject to that right shall be withdrawn.
Prohibits anything in this section from requiring: (1) the creation of a protective perimeter or buffer area outside the boundaries of the Wyoming Range withdrawal area; or (2) any prohibition on activities outside the boundaries of the withdrawal area that can be seen or heard from within the boundaries.
Makes the Bridger-Teton National Land and Resource Management Plan, including any revisions, applicable to any land within the Wyoming Range withdrawal area. Requires this subtitle to apply, if there is a conflict between this subtitle and the Management Plan.
Bars anything in this section from prohibiting the Secretary of the Interior from taking any action necessary to issue, deny, remove the suspension of, or cancel a lease, or any sold lease parcel that has not been issued, pursuant to any lease sale conducted prior to enactment of this Act.
Authorizes the Secretary to lease oil and gas resources in the Wyoming Range withdrawal area that are within one mile of the boundary of the area in accordance with the Mineral Leasing Act and subject to conditions that: (1) the lease may only be accessed by directional drilling from a lease held by production on National Forest System land that is adjacent to, and outside of, the Wyoming Range withdrawal area; (2) the lease shall prohibit, without exception or waiver, surface occupancy and surface disturbance for any activities, including activities related to exploration, development, or production; and (3) the directional drilling may extend no further than one mile inside the boundary of the Wyoming Range withdrawal area.
(Sec. 3203) Sets forth provisions for the retirement and repurchase of valid existing mining or leasing rights within the Wyoming Range withdrawal area.
Requires the Secretary to prepare a list of interested holders of such a mining or leasing right and to make the list available to any non-federal entity or person interested in acquiring that right.
Prohibits the Secretary from using any federal funds to purchase any such valid existing mining or leasing right.
Subtitle D: Land Conveyances and Exchanges - (Sec. 3301) Directs the Secretary of Agriculture to convey to the city of Coffman Cove, Alaska, without consideration and by quitclaim deed, a specified parcel of National Forest System land within the city.
Excludes a certain part of such land from the conveyance. Allows the United States to reserve a right-of-way to provide access to the excluded land.
Requires, if the city sells any part of such conveyed land: (1) the amount of consideration for the sale to reflect fair market value, as determined by an appraisal; and (2) the city to pay to the Secretary an amount equal to the gross proceeds of the sale which shall be available for the Tongass National Forest.
(Sec. 3302) Directs the Secretary of Agriculture, through the Forest Service , to convey to Jefferson County, Montana, the parcel of National Forest System land known as the Elkhorn Cemetery to be used as a county cemetery.
Requires the county to agree to manage the cemetery with due consideration and protection for the historic and cultural values of the cemetery. Grants the county an easement across certain National Forest System land to provide access to the conveyed land.
(Sec. 3303) Directs the Secretary of the Interior to accept certain non-federal land in New Mexico for addition to the Pecos National Historical Park (Park). Directs the Secretary of Agriculture, subject to the conditions of this section and the National Environmental Policy Act of 1969, to convey certain federal land in the Santa Fe National Forest to private landowners.
Permits the private landowners to reserve an easement for water pipelines to two well sites located in the Park. Authorizes the Secretary of Agriculture and the Secretary of the Interior (Secretaries) to require terms and conditions relating to the exchange of federal and non-federal lands and the granting of easements that protect the interests of the United States.
Sets a deadline for the completion of land exchanges under this section and requires the Secretaries to report to Congress on the completion of such exchanges.
Directs the Secretaries to transmit to Congress a revised map that depicts the lands exchanged and the easement permitted to be reserved by the landowners.
(Sec. 3304) Directs the Secretary of Agriculture, acting through the Forest Service, to convey to Ramona and Boyd Lawson (the claimants) specified National Forest System land in the Santa Fe National Forest in New Mexico (the federal land) in exchange for: (1) the granting by the claimants to the United States of a scenic easement to the federal land that protects the purposes for which such land was designated under the Wild and Scenic Rivers Act and is acceptable by the Secretary; and (2) a releasing of the United States by the claimants of their claim and any additional related claims. Declares that such conveyance of federal land constitutes full satisfaction of the claim.
(Sec. 3305) Directs the Secretary of Agriculture to convey a specified parcel of National Forest System land to the King and Kittitas Counties Fire District #51 of King and Kittitas Counties, Washington, and to permit the District to use such parcel as a site for a new Snoqualmie Pass fire and rescue station.
Permits, if necessary, the exact acreage and legal description of the lands to be conveyed to be determined by a survey satisfactory to the Secretary.
(Sec. 3306) Authorizes use of approximately 36.25 acres patented to the Mammoth County Water District (now known as the Mammoth Community Water District) in Mono County, California, for any public purpose, notwithstanding the Sisk Act.
(Sec. 3307) Authorizes the Secretary of Agriculture, if the city of Bountiful, Utah, conveys three parcels of land consisting of a total of approximately 1,680 acres to the Secretary, to convey to the city in exchange for such land certain federal land identified as Shooting Range Special Use Permit Area on the map entitled “Bountiful City Land Consolidation Act, “ dated October 15, 2007 (the federal land).
Allows the Secretary to accept a cash equalization payment in excess of 25% of the value of the federal land.
Requires the city to: (1) assume all liability for the shooting range on the federal land, including the past, present, and future condition of the land; (2) hold the United States harmless for any liability for the condition of the land; and (3) comply with hazardous substance disclosure requirements under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).
Excludes the conveyance of the federal land from specified CERCLA remedial action provisions.
Requires the non-federal land acquired by the Secretary to be added to and administered as part of the Wasatch-Cache National Forest.
Instructs the Secretary to ensure that an easement of not less than 60 feet in width is reserved for the Bonneville Shoreline Trail. Permits the Secretary and the city to reserve any other rights-of-way for utilities, roads, and trails that are mutually agreed to and considered to be in the public interest.
Authorizes the Secretary, by sale or exchange, to dispose of all or a portion of certain National Forest System land comprising approximately 220 acres after the conveyance of the federal land authorized for exchange under this section, if the land or portion of the land is in excess of the needs of the National Forest System. Specifies that such a determination be made: (1) pursuant to an amendment of the land and resource management plan for the Wasatch-Cache National Forest; and (2) after carrying out a public process consistent with the National Environmental Policy Act of 1969.
Instructs the Secretary to require payment of an amount equal to not less than the fair market value of the conveyed National Forest System land.
Sets forth requirements for the disposition of the proceeds of any amounts received as consideration under this section.
(Sec. 3308) Adjusts the boundary of the Frank Church River of No Return Wilderness in Idaho to include and exclude specified lands.
Authorizes the Secretary of Agriculture, in order to resolve the encroachment on the land designated for exclusion, to sell the land (and up to 10 adjacent acres) for fair market value.
Requires the person buying the land designated for exclusion to pay: (1) associated appraisal costs; and (2) any associated analyses and closing costs. Gives the owner of the adjacent private land the first opportunity to buy the land.
Sets forth requirements for the disposition of the cash proceeds from a sale of land. Prohibits deposited amounts from being subject to transfer or reprogramming for wildland fire management or any other emergency purposes.
(Sec. 3309) Amends the T’uf Shur Bien Preservation Trust Area Act to: (1) add a section of National Forest System land with respect to a land exchange between the Secretary of Agriculture, through the Chief of the Forest Service, and the Pueblo of Sandia in Sandoval County, New Mexico; and (2) make it a condition of such land exchange that all of the land exchanged or conveyed to the Pueblo and held in trust for the Pueblo and added to the reservation of the Pueblo remain in its natural state and not be subject to commercial development.
Subtitle E: Colorado Northern Front Range Study - (Sec. 3403) Requires the Secretary of Agriculture, through the Chief of the Forest Service, to conduct a study of the land within the study area (certain lands in southern Boulder, northern Jefferson, and northern Gilpin Counties, Colorado) and complete a report: (1) identifying the present ownership of the land within the study area; (2) identifying any undeveloped land that may be at risk of development; and (3) describing any actions that could be taken to preserve the open and undeveloped character of the land within the study area.
Requires the Secretary to conduct the study and develop the report with the support and participation of one or more specified state and local entities.
Allows the Secretary, if such state and local entities do not support and participate in the study and report to: (1) decrease the area covered by the study area, as appropriate; or (2) opt not to conduct the study or develop the report and notify specified congressional committees of such decision.
Prohibits anything in this subtitle from authorizing the Secretary of Agriculture taking any action that would affect the use of any land not owned by the United States.
Title IV: Forest Landscape Restoration - (Sec. 4003) Directs the Secretary of Agriculture, through the Chief of the Forest Service, to establish a Collaborative Forest Landscape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes.
Requires the Secretary to establish a scientific advisory panel to evaluate, and provide recommendations on, any proposal. Requires the panel to include experts in ecological restoration, fire ecology, fire management, rural economic development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utilization.
Establishes the Collaborative Forest Landscape Fund, to be used for paying up to 50% of the cost of carrying out and monitoring ecological restoration treatments on National Forest System land for each proposal selected. Permits the cost of carrying out ecological restoration treatments, as the Secretary determines to be appropriate, to include cancellation and termination costs required to be obligated for contracts to carry out such treatments for each such proposal.
Sets forth limitations on expenditures made from the Fund.
Requires establishment of an accounting and reporting system for the Fund.
Authorizes appropriations for the Fund.
Requires: (1) creation of implementation work plans and budgets to implement proposals; (2) submission of annual reports on the accomplishments of selected proposals; (3) use of a multiparty monitoring, evaluation, and accountability process to assess the ecological, social, and economic effects of projects implementing proposals; and (4) submission of reports every five years on the Program.
(Sec. 4004) Authorizes appropriations to carry out this title.
Title V: Rivers and Trails - Subtitle A: Additions to the National Wild and Scenic Rivers System - (Sec. 5001) Amends the Wild and Scenic Rivers Act to designate specified segments of Fossil Creek, a tributary to the Verde River in Arizona, as components of the national wild and scenic rivers system, to be administered by the Secretary of Agriculture.
(Sec. 5002) Craig Thomas Snake Headwaters Legacy Act of 2008 - Amends the Wild and Scenic Rivers Act to designate specified segments of the Snake River System in Wyoming as components of the national wild and scenic rivers system.
Requires each river segment to be managed by the Secretary of Agriculture or the Secretary of the Interior (the Secretary concerned) as specified.
Requires the Secretary concerned to develop a management plan for each river segment that is in an area under the jurisdiction of the Secretary.
Requires each management plan to contain, with respect to the river segment that is the subject of the plan, a section containing an analysis and description of the availability and compatibility of future development with the wild and scenic character of such river segment.
Sets forth requirements for the quantification of the water rights reserved by each river segment designated by this section.
Authorizes the Secretary concerned to carry out activities at United States Geological Survey stream gauges that are located on the Snake River and its tributaries.
Bars the acquisition of any property or interest in property within the boundaries of any designated river segment by the Secretary concerned without the owner’s consent.
Specifies this section’s effect on valid existing rights, including certain water rights.
Authorizes appropriations.
(Sec. 5003) Amends the Wild and Scenic Rivers Act (the Act) to designate specified segments of the Taunton River in Massachusetts as components of the National Wild and Scenic Rivers System.
Requires the river segments to be managed in accordance with the Taunton River Stewardship Plan, dated July 2005, including any amendments, that the Secretary of the Interior determines to be consistent with this section.
Authorizes the Secretary, in order to provide for the protection, preservation, and enhancement of each river segment, to enter into cooperative agreements, which may include provisions for financial and other assistance, with: (1) the Commonwealth of Massachusetts (including the political subdivisions of Massachussetts); (2) the Taunton River Stewardship Council; and (3) any appropriate nonprofit, as determined by the Secretary.
Bars the river segments from being: (1) administered as a unit of the National Park System; or (2) subject to the laws (including regulations) that govern the administration of such System.
Considers the zoning ordinances adopted by specified towns and cities, including any provision of the zoning ordinances related to the conservation of floodplains, wetlands, and watercourses associated with any river segment designated by this section, to satisfy each standard and requirement under the Act regarding the prohibition on the federal acquisition of certain lands by condemnation for inclusion in any national, wild, scenic, or recreational river area.
Authorizes the Secretary, respecting each river segment, to only acquire parcels of land by donation or with the owner’s consent. Prohibits the acquisition of any parcel by condemnation.
Subtitle B: Wild and Scenic Rivers Studies - (Sec. 5101) Amends the Wild and Scenic Rivers Act to designate a specified segment of the Missisquoi and Trout Rivers in Vermont for study for potential addition to the National Wild and Scenic Rivers System. Authorizes appropriations.
Subtitle C: Additions to the National Trails System - (Sec. 5201) Amends the National Trails System Act to provide for the designation of the Arizona National Scenic Trail, extending approximately 807 miles across Arizona from the U.S.-Mexico international border to the Arizona-Utah border.
Requires the Arizona National Scenic Trail to be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior and appropriate state, tribal, and local governmental agencies.
(Sec. 5202) Amends the National Trails System Act to designate the New England National Scenic Trail as a National Scenic Trail. Requires the Secretary of the Interior, in consultation with federal, state, tribal, regional, and local agencies, and other organizations, to administer the Trail after considering the recommendations of the Metacomet Monadnock Mattabesett Trail System National Scenic Trail Feasibility Study and Environmental Assessment prepared by the National Park Service (NPS), dated Spring 2006.
Bars the acquisition of land or interest for the Trail by the government without the owner’s consent.
Directs the Secretary to consider the actions outlined in the Trail Management Blueprint as the framework for management and administration of the Trail. Allows for the development of additional or more detailed plans for the administration, management, protection, access, maintenance, or development of the Trail consistent with the Blueprint, and as approved by the Secretary.
Authorizes the Secretary to enter into cooperative agreements with Massachusetts, Connecticut, and other regional, local, and private organizations deemed necessary and desirable to accomplish cooperative trail objectives consistent with the Blueprint. Permits such an agreement to include provisions for limited financial assistance to encourage participation in the planning, acquisition, protection, operation, development, or maintenance of the Trail.
Encourages the Secretary to work with New Hampshire and appropriate local and private organizations to include that part of the Metacomet-Monadock Trail in New Hampshire (which lies between Royalston, Massachusetts, and Jaffrey, New Hampshire) as a component of the Trail. Makes inclusion of this segment, as well as other potential side or connecting trails, contingent upon written application to the Secretary by appropriate state and local jurisdictions and a finding by the Secretary that trail management and administration is consistent with the Blueprint.
(Sec. 5203) Designates the Ice Age Floods National Geologic Trail, a trail from Missoula, Montana to the Pacific Ocean, to provide for the public appreciation, understanding, and enjoyment of the nationally significant natural and cultural features of the Ice Age Floods and to promote efforts to interpret and educate along the pathways of the floods.
Requires the Secretary of the Interior, acting through the Director of the National Park Service, to administer the Trail in accordance with this section. Prohibits the Trail, except as provided in this section, from being considered a unit of the National Park System (NPS). Allows the Secretary to establish and operate a Trail management office at a central location within the vicinity of the Trail.
Requires the Secretary to prepare a cooperative management and interpretation plan for the Trail.
Authorizes the Secretary to construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with state, local, tribal, or nonprofit entities and are consistent with the cooperative management and interpretation plan.
Allows the Secretary, in order to facilitate coordinated development, scientific research, and efficient administration to enter into cooperative management agreements with appropriate officials in Montana, Idaho, Washington, and Oregon in accordance with the authority provided for units of the NPS. States that, for purposes of such authority only, the Trail be considered an NPS unit.
Permits the Secretary to enter into cooperative agreements with public or private entities to carry out this section.
Specifies section’s effect on private property rights.
Declares that designation of the Trail does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person injured on the private property.
Authorizes appropriations.
(Sec. 5204) Amends the National Trails System Act to designate a corridor of approximately 600 miles following the route taken by the armies of General George Washington and Count Rochambeau between Newport, Rhode Island, and Yorktown, Virginia, in 1781 and 1782, as the Washington-Rochambeau Revolutionary Route National Historic Trail.
Requires the Trail to be administered by the Secretary of the Interior, in consultation with: (1) other federal, state, tribal, and local agencies; and (2) the private sector.
Prohibits the United States from acquiring for the Trail land or interest in land outside the exterior boundary of any federally-managed area without the owner’s consent.
(Sec. 5205) Amends the National Trails System Act to designate the trail extending from the Continental Divide in Glacier National Park, Montana, to the Pacific Ocean coast in Olympic National Park, Washington, as the Pacific Northwest National Scenic Trail.
Requires the Trail to be administered by the Secretary of Agriculture.
Bars the United States from acquiring land or interest in land outside the exterior boundary of any federally-managed area for the Trail without the owner’s consent.
(Sec. 5206) Amends the National Trails System Act to add as components of the Trail of Tears National Historic Trail, as generally described in the environmentally preferred alternative of a November 2007 feasibility study, the following routes and land components by which the Cherokee Nation was removed to Oklahoma: (1) the Benge and Bell routes; (2) the land components of the designated water routes in Alabama, Arkansas, Oklahoma, and Tennessee; (3) the routes from the collection forts in Alabama, Georgia, North Carolina, and Tennessee to the emigration depots; and (4) the related campgrounds along such routes and land components.
Removes a limitation on the authorization of additional appropriations to carry out the addition of such components.
Prohibits acquisition of lands or interests in lands outside the exterior boundaries of any federally administered area by the federal government for the Trail of Tears National Historic Trail except with the owner’s consent.
Subtitle D: National Trail System Amendments - (Sec. 5301) Amends the National Trails System Act to: (1) prohibit the federal acquisition of land and interest in land outside the exterior boundaries of any federally administered area, except with the owner’s consent, for the Oregon, Mormon Pioneer, Lewis and Clark, Iditarod, and Nez Perce National Historic Trails and the Continental Divide, North Country, Ice Age, and Potomac Heritage National Scenic Trails; and (2) provide that federal authority to acquire fee title shall be limited to an average of not more than one-quarter mile on either side of the Oregon, Mormon Pioneer, Continental Divide, Lewis and Clark, Iditarod, and Nez Perce trails.
Authorizes appropriations to implement the provisions of the Act relating to trails designated by the Act as national scenic or historic trails. Limits funding for the acquisition of land or interests for, or for the development of, the Natchez Trace National Scenic Trail.
Instructs the administering agency for the Natchez Trace National Scenic Trail to encourage volunteer trail groups’ participation in the development of such Trail.
(Sec. 5302) Amends the National Trails System Act to direct the Secretary of the Interior to: (1) revise the feasibility and suitability studies for certain existing National Historic Trails for consideration of possible additions to such trails; and (2) study the feasibility and suitability of designating certain routes and cutoffs as components of the Oregon, Pony Express, California, and Mormon Pioneer National Historic Trails and as shared components of the California and Oregon National Historic Trails.
(Sec. 5303) Amends the National Trails System Act to direct the Secretary of the Interior to conduct separate studies to consider the designation of the Chisholm Trail and the Great Western Trail for study and potential addition to the National Trails System. Requires the Secretary to identify the point at which such Trails originated south of San Antonio, Texas.
Subtitle E: Effect of Title - (Sec. 5401) Prohibits anything in this title from being construed as affecting: (1) access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping; and (2) the authority, jurisdiction, or responsibility of the several states to manage, control, or regulate fish and resident wildlife under state law or regulations, including the regulation of hunting, fishing, and trapping.
Title VI: Department of the Interior Authorizations - Subtitle A: Cooperative Watershed Management Program - (Sec. 6002) Directs the Secretary of the Interior to establish a Cooperative Watershed Management Program to provide grants to form, or enlarge, a watershed group or to conduct related water management projects.
Authorizes the Secretary, in distributing grant funds, to give priority to watershed groups that represent maximum diversity of interest or serve subbasin-sized watersheds with an eight-digit hydrologic unit code.
Requires: (1) annual reports by watershed groups to the Secretary on progress; and (2) reports every five years by the Secretary to specified congressional committees on Program benefits and effectiveness.
Authorizes appropriations for FY2008-FY2020.
Subtitle B: Competitive Status for Federal Employees in Alaska - (Sec. 6101) Amends the Alaska National Interest Lands Conservation Act (ANILCA) to redesignate the positions of certain federal employees in Alaska and the persons servings in those positions as having been part of the competitive service as of the date they were hired. Sets forth requirements pertaining to such employees who are no longer serving in their positions.
Subtitle C: Wolf Livestock Loss Demonstration Project - (Sec. 6202) Authorizes the Secretary to the Interior and the Secretary of Agriculture to establish a five-year demonstration program to provide grants to states and Indian tribes to assist livestock producers, with respect to activities and losses that may occur on federal, state, private, or Indian land, to undertake proactive, nonlethal, activities to reduce the risk of livestock loss as a result of predation by wolves.
Requires the Secretaries when promulgating regulations for the implementation of such program, to consult with states that have implemented state programs that provide assistance to livestock producers.
Limits the federal share of the cost of any activity provided assistance under this subtitle to half of the total cost of that activity.
(Sec. 6203) Authorizes appropriations.
Subtitle D: Paleontological Resources Preservation - (Sec. 6302) Directs the the Secretary of the Interior or the Secretary of Agriculture, as appropriate, to: (1) manage and protect paleontological resources on federal land, using scientific principles and expertise; and (2) develop plans for inventorying, monitoring, and deriving the scientific and educational use of such resources.
(Sec. 6303) Directs the Secretary to establish a program to increase public awareness about such resources.
(Sec. 6304) Prohibits a person from collecting a paleontological resource from federal land without a permit issued under this subtitle. Requires the Secretary to allow casual collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal uses without a permit on certain federal lands. Recognizes as valid permits issued before enactment of this Act. Sets forth criteria by which the Secretary may issue permits for paleontological resources. Requires that any paleontological resource and associated records collected under a permit be deposited in an approved repository. Allows the Secretary to modify, suspend, or revoke a permit under specified circumstances. Revokes a permit if any person working under the authority of the permit is convicted of a criminal offense under this section 6306 or assessed a civil penalty under this section 6307.
(Sec. 6305) Permits the Secretary to enter into agreements with non-federal repositories regarding the curation of paleontological resources, data, and records.
(Sec. 6306) Prohibits: (1) evacuating, removing, or altering a paleontological resource located on federal lands, except in accordance with this subtitle; (2) exchanging or receiving a paleontological resource, or selling or purchasing a paleontological resource, if the person knew or should have known such resource was illegally removed from federal lands; or (3) making or submitting false records, accounts, or identification of any paleontological resource excavated or removed from federal lands. Imposes criminal penalties for violating this section.
(Sec. 6307) Sets forth requirements for the assessment of civil penalties by the Secretary for violations of any prohibitions contained in regulations or permits issued under this subtitle. Requires any recovered amounts to be available for use: (1) to protect, restore, or repair paleontological resources and sites which were the subject of the action, and to protect, monitor, and study the resources and sites; (2) to provide educational materials to the public about paleontological resources and sites; and (3) as a reward.
(Sec. 6308) Allows the Secretary to pay a reward from penalties collected under section 6306 or 6307 to any person who furnishes information leading to the finding of a civil or criminal violation with respect to which the penalty was paid. Subjects to civil or criminal forfeiture all paleontological resources with respect to which a violation occurred and which are in the possession of any person. Allows the Secretary to transfer administration of seized paleontological resources to educational institutions for scientific or educational purposes.
(Sec. 6309) Requires information on the nature and specific location of a paleontological resource to be withheld from the public, including under the Freedom of Information Act, except under specified conditions.
(Sec. 6310) Directs the Secretary to issue such regulations as are appropriate to carry out this subtitle.
(Sec. 6312) Authorizes appropriations.
Subtitle E: Izembek National Wildlife Refuge Land Exchange - (Sec. 6402) Authorizes the Secretary of the Interior to convey to the state of Alaska federal land within the Izembek National Wildlife Refuge for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska, in exchange for non-federal land owned by the King Cove Corporation.
Instructs the Secretary to initiate the preparation of an environmental impact statement as required under the National Environmental Policy Act of 1969. Lists the entities that may participate as cooperating agencies during the preparation of the statement.
Prohibits the conveyance of the federal and non-federal lands from being subject to any requirement under any federal law, including regulations, relating to the valuation, appraisal, or equalization of land.
Requires the Secretary to determine that the land exchange, including the construction of a road between the city of King Cove and the Cold Bay Airport, is in the public’s interest.
Bars the land exchange from being carried out before the parcel of state-owned land that is in the Kinzaroff Lagoon has been designated as a state refuge.
(Sec. 6403) Sets forth requirements relating to the use, barrier cables, and required dimensions of the road.
Prohibits the location of support facilities for the road within the Izembek National Wildlife Refuge.
Expresses the intent of Congress with respect to the issuance of any federal permits required for construction of the road.
Requires the Secretary to develop a mitigation plan based on the impacts determined under the environmental impact statement.
(Sec. 6404) Transfers the federal land on Sitkinak Island that is withdrawn for use by the Coast Guard from the Secretary to the state upon the relinquishment or termination of the withdrawal.
Adds the conveyed non-federal land to the Izembek National Wildlife Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate.
Adds certain land to the Izembek National Wildlife Refuge Wilderness or Alaska Peninsula National Wildlife Refuge Wilderness.
(Sec. 6405) Sets forth provisions regarding the failure to begin construction of the road.
(Sec. 6406) Terminates any legislative authority for construction of a road at the end of the seven-year period beginning after enactment of this subtitle, unless a construction permit has been issued during that period. Requires, if a construction permit is issued within the allotted period, such authority to be extended for an additional five- year period beginning on the date of issuance of such permit.
Provides for an extension of the seven-year deadline or the five-year extension as a result of: (1) a legal challenge to the land exchange or construction of the road; or (2) an injunction against construction of the road.
Makes the land exchange under this subtitle null and void if, upon the expiration of such authority, a road has not been constructed and requires the land ownership to revert to the respective ownership status prior to the exchange, as provided in section 6405.
Title VII: National Park Service Authorizations - Subtitle A: Additions to the National Park System - (Sec. 7001) Establishes the Paterson Great Falls National Historical Park in New Jersey as a unit of the National Park System.
Sets forth conditions concerning the establishment of the Park.
Specifies the boundaries of the Park.
Sets forth provisions regarding the administration of the Park.
Requires the Secretary of the Interior to complete a management plan for the Park.
Establishes the Paterson Great Falls National Historical Park Advisory Commission to advise the Secretary in the development of the management plan.
Directs the Secretary to complete a study regarding the preservation and interpretation of Hinchliffe Stadium as listed on the National Register of Historic Places, which shall include an assessment of the potential for listing it as a National Historic Landmark as well as options for maintaining its historic integrity.
Authorizes appropriations.
(Sec. 7002) Directs that, should the Secretary of the Interior acquire by donation only from the Clinton Birthplace Foundation, Inc. fee simple, unencumbered title to the William Jefferson Clinton Birthplace Home in Hope, Arkansas, and to any related personal property, to designate the William Jefferson Clinton Birthplace Home site as a National Historic Site and unit of the National Park System, to be known as the “President William Jefferson Clinton Birthplace Home National Historic Site.”
(Sec. 7003) Directs the Secretary of the Interior, if Monroe County or Wayne County, Michigan, or other willing landowners in either county offer to donate land relating to the Battles of the River Raisin (during the War of 1812) on January 18 and 22, 1813, and the aftermath of such battles, to accept the donated land.
Instructs the Secretary, upon acquisition of such land that is of sufficient acreage to permit efficient administration, to designate the acquired land as a unit of the National Park System, to be known as the “River Raisin National Battlefield Park.”
Requires the Secretary to complete a general management plan for the Park, that among other things, defines the role and responsibility of the Secretary regarding the interpretation and preservation of the Park.
Requires the Secretary to submit a report describing the progress made with respect to: (1) acquiring real property under this section; and (2) designating the park.
Authorizes appropriations.
Subtitle B: Amendments to Existing Units of the National Park System - (Sec. 7101) Amends Public Law 102-543 (relating to the establishment of Keweenaw National Historical Park in Michigan) to repeal the prohibition on the acquisition of any lands or any portions thereof within the boundaries of the Park that have become contaminated with hazardous substances.
Decreases the matching funds requirement, and authorizes additional appropriations, for the Park and the Keweenaw National Historical Park Advisory Commission. Eliminates the limitation on the federal contribution made to the Commission.
(Sec. 7102) Amends the Weir Farm National Historic Site Establishment Act of 1990 to: (1) require visitor and administrative facilities for the Weir Farm National Historic Site in Connecticut to be located in Fairfield County, Connecticut; (2) keep development of any property acquired for such facilities to a minimum; (3) permit the acquisition of previously developed property without remediating such development; and (4) require development agreements with local governments having jurisdiction over any property acquired.
(Sec. 7103) Amends the Little River Canyon National Preserve Act of 1992 to modify the boundary of the Little River Canyon National Preserve in Alabama to include additional land in the Preserve.
(Sec. 7104) Modifies the boundary of the Hopewell Culture National Historical Park in Ohio to include certain lands marked for inclusion in the Park. Permits the acquisition of lands added under this section only from willing sellers.
(Sec. 7105) Amends the National Parks and Recreation Act of 1978 to: (1) adjust the boundary of the Barataria Preserve Unit of Jean Lafitte National Historical Park and Preserve in Louisiana; and (2) authorize the Secretary of the Interior to acquire any additional land, water, and interests in land and water within the Unit by donation, purchase, transfer from any other federal agency, or exchange.
Allows any non-federal land specified on the map entitled “Boundary Map, Barataria Preserve Unit. Jean Lafitte National Historical Park and Preserve, dated December 2007, as “Lands Proposed for Addition,” to be acquired only with the owner’s consent.
Requires any land specified on the Map that is acquired or transferred, to be subject to any easements that have been agreed to by the Secretary and the Secretary of the Army.
Modifies and/or eliminates certain provisions related to the acquisition of property within the Unit. Authorizes the Secretary, with the consent of the owner and the parish governing authority, to: (1) acquire land, water, and interests in land and water by any of the methods described above with respect to the acquisition of additional land, water, and interests within the Unit (including use of appropriations from the Land and Water Conservation Fund); and (2) revise the boundaries of the Unit to include adjacent land and water.
Permits hunting, fishing, and trapping within the Unit, but only as to land, water, or interests in land and water managed by the Secretary. Continues to provide for the designation of zones where, and established periods when, no hunting, fishing, or trapping shall be permitted for public safety reasons.
(Sec. 7106) Modifies the boundary of Minute Man National Historical Park in Massachusetts to include a certain area generally depicted on the map entitled “Minute Man National Historical Park Proposed Boundary,” dated July 2007.
Authorizes the Secretary of the Interior to acquire the land or an interest in the land within that area by purchase from willing sellers, donation, or exchange.
Authorizes appropriations.
(Sec. 7107) Adjusts the boundary of the Everglades National Park in Florida to include the Tarpon Basin property comprising approximately 600 acres of land and water surrounding Hurricane Hole and located in South Key Largo.
Authorizes the Secretary of the Interior to acquire from willing sellers by donation, purchase, or exchange land, water, or interests in land and water, within the area identified on the map entitled “Proposed Tarpon Basin Boundary Revision” and dated May 2008, to be added to the Park.
Permits the Secretary to allow the use of Hurricane Hole by sailing vessels during emergencies.
Authorizes appropriations.
Requires the Secretary, if the state of Florida offers to convey specific parcels of non-federal land within Florida and the offer is acceptable, to accept the offer and convey federal land within Everglades National Park identified as Tract A to the state. Requires the land acquired by the Secretary through the exchange to become part of the Park.
Requires the Secretary, if the Florida Power & Light Company offers to convey non-federal land within Florida identified as Tract D and the offer is acceptable, to accept the offer and convey to the Company the federal land identified as Tract B, along with a perpetual easement on a corridor of land contiguous to that tract for the purpose of vegetation management. Requires the land acquired by the Seceretary to become part of the Park.
Adjusts the boundaries of Everglades National Park upon the completion of the land exchanges authorized by this section, including by removing the land conveyed out of federal ownership.
(Sec. 7108) Requires the Secretary of the Interior to authorize Ka ‘Ohana O Kalaupapa, a nonprofit organization consisting of patient residents at Kalaupapa National Historical Park, to establish a memorial at the location(s) approved by the Secretary at Kalawao or Kalaupapa within the boundaries of Kalaupapa National Historical Park on the island of Molokai, Hawaii, to honor those individuals who were forcibly relocated to Kalaupapa Peninsula from 1866 to 1969.
(Sec. 7109) Amends the Omnibus Parks and Public Lands Management Act of 1996 relating to the Boston Harbor Islands National Recreation Area to permit the Secretary of the Interior to consult with an eligible entity on, and enter into with the entity: (1) a cooperative management agreement concerning land within the Recreation Area; and (2) a cooperative management agreement for the construction of recreation area facilities on land owned by an eligible entity for purposes consistent with the integrated resource management plan.
Authorizes the Secretary to enter into an agreement with an eligible entity only if: (1) appropriations for carrying out the purposes of the agreement are available; and (2) the agreement is in the best interests of the United States.
(Sec. 7110) Establishes the Thomas Edison National Historical Park in New Jersey as a unit of the National Park System.
Requires the Historical Park to be comprised of all property owned by the United States in the Edison National Historic Site, as well as all property authorized to be acquired by the Secretary of the Interior for inclusion in the Historic Site before the enactment of this Act. Allows the Secretary to acquire: (1) land or interests in land within the Historical Park’s boundaries only from willing sellers; and (2) personal property associated with, and appropriated for, interpretation of the Historical Park.
Repeals the Act regarding the establishment and administration of the Edison National Historic Site.
Authorizes appropriations.
(Sec. 7111) Authorizes the Secretary of the Interior, through the Director of the NPS, to designate a vehicular tour route, to be known as the Votes for Women History Trail Route, to link properties in the state of New York that are historically and thematically associated with the struggle for women’s suffrage in the United States. Requires the National Park Service to administer the Trail through the Women’s Rights National Historical Park.
Authorizes the Secretary to: (1) make annual grants to state historic preservation offices for not more than five years for assistance in surveying, evaluating, and nominating women’s rights history properties to the National Register of Historic Places; and (2) make matching grants and give technical assistance for development of a network of governmental and nongovernmental entities providing interpretive and educational program development of national women’s rights history, including historic preservation.
Instructs the Secretary to ensure that the National Register travel itinerary website entitled “Places Where Women Made History,” is updated to contain the results of the inventory of women’s rights history properties conducted pursuant to this section and any links to websites related to places on such inventory.
Provides for the designation of a non-governmental managing network to manage the network developed under this section and to work in partnership with the Director of the NPS and state historic preservation offices to coordinate operation of the network.
Allows matching grants for historic preservation specific to the network to be available through state historic preservation offices.
Authorizes appropriations.
(Sec. 7112) Adjusts the boundary of the Martin Van Buren National Historic Site in the state of New York to include approximately 261 acres of land identified as the “PROPOSED PARK BOUNDARY” as depicted on the “Boundary Map, Martin Van Buren National Historic Site,” dated January 2005.
Authorizes the Secretary of the Interior to acquire such lands and interests from willing sellers. Requires land acquired for the Site to be administered as part of such site.
Authorizes appropriations.
(Sec. 7113) Redesignates the Palo Alto Battlefield National Historic Site (located in Brownsville, Texas, and dedicated to the preservation and interpretation of the Mexican-American War) as the “Palo Alto Battlefield National Historical Park.”
Amends the Palo Alto Battlefield National Historic Site Act of 1991 to expand the boundaries of the Park to include certain land.
(Sec. 7114) Designates the Abraham Lincoln Birthplace National Historic Site in Kentucky as the “Abraham Lincoln Birthplace National Historical Park.”
(Sec. 7115) Amends the National Parks and Recreation Act of 1978 to require (current law authorizes) the Secretary of the Interior to: (1) permit hunting and fishing on lands and waters within the boundaries of the New River Gorge National River; and (2) designate zones where, and establish periods when, no hunting or fishing shall be permitted.
(Sec. 7116) Makes technical corrections and conforming amendments to various acts concerning specified areas, forests, trails, and other matters.
Renames the Gaylord A. Nelson Wilderness as the Gaylord Nelson Wilderness.
Provides for the House Committee on Natural Resources (under current law, the Committee on House Administration) to be notified of a recommendation that a commemorative work in the District of Columbia and its environs should be located in Area I.
(Sec. 7117) Amends the Dayton Aviation Heritage Preservation Act of 1992 to provide for the acquisition and inclusion of the following additional sites in the Dayton Aviation Heritage National Historical Park: (1) Hawthorn Hill, Oakwood, Ohio; and (2) the Wright Company factory and associated land and buildings, Dayton, Ohio.
Authorizes the Secretary of the Interior to enter into a cooperative agreement with a partner or partners, including the Wright Family Foundation, to operate and provide programming for Hawthorn Hill and charge reasonable fees to defray park operation and programming costs.
Authorizes the Secretary to make grants to partners of the park, including the Aviation Trail, Inc., the Ohio Historical Society, and Dayton History, for projects not requiring federal involvement other than providing financial assistance. Limits projects to construction and development on non-federal property within park boundaries.
Amends Title V of division J of the Consolidated Appropriations Act, 2005 to remove the Neil Armstrong Air & Space Museum, Wapakoneta, Ohio, from inclusion in the boundaries of the National Aviation Heritage Area.
(Sec. 7118) Authorizes the Secretary of the Interior to acquire additional acreage to increase the size of the Fort Davis National Historic Site near the town of Fort Davis, Texas, by acquiring certain land from willing sellers.
Subtitle C: Special Resource Studies - (Sec. 7201) Directs the Secretary of the Interior and the Secretary of Agriculture to conduct a study of an area identified as the Walnut Canyon Proposed Study Area (the study area) to assess: (1) the suitability and feasibility of designating all or part of the study area as an addition to Walnut Canyon National Monument in Arizona; and (2) continued management of the study area by the Forest Service, or any other designation or management option that would provide for protection of resources within the study area and continued access to, and use of, the study area by the public.
Requires the Secretaries to provide for public comment in the preparation of the study, including with appropriate federal, state, and local governmental entities.
Authorizes appropriations.
(Sec. 7202) Directs the Secretary of the Interior to conduct a special resource study of the national significance, suitability, and feasibility of including the Tule Lake Segregation Center in Modoc County, California, in the National Park System.
Requires the Secretary to consult with Modoc County, the state of California, appropriate federal agencies, tribal and local government entities, private and nonprofit organizations, and private landowners in conducting the study.
Specifies the scope of such study, including an evaluation of: (1) the significance of Center as a part of the history of World War II; and (2) the potential impact of designation of the Center as a unit of the National Park System on private landowners.
(Sec. 7203) Directs the Secretary of the Interior, in consultation with the Governor of the Virgin Islands, to conduct a special resource study of Estate Grange and other sites and resources associated with Alexander Hamilton’s life on St. Croix in the U.S. Virgin Islands.
Instructs the Secretary to evaluate the national significance of the sites and resources and the suitability and feasibility of designating them as a unit of the National Park System.
Authorizes appropriations.
(Sec. 7204) Directs the Secretary of the Interior to complete a special resource study of the Harriet Beecher Stowe House in Brunswick, Maine, to evaluate the national significance of the House and surrounding land and the suitability and feasibility of designating the House and such land as a unit of the National Park System. Authorizes appropriations.
(Sec. 7205) Directs the Secretary of the Interior to conduct a special resource study relating to the Battle of Shepherdstown in Shepherdstown, West Virginia, to evaluate the national significance of the Shepherdstown battlefield and related sites and the suitability and feasibility of adding Shepherdstown battlefield and such sites as part of Harpers Ferry National Historical Park or Antietam National Battlefield. Authorizes appropriations.
(Sec. 7206) Directs the Secretary of the Interior to conduct a a special resource study of the site of Green McAdoo School in Clinton, Tennessee, to evaluate the national significance of the site and the suitability and feasibility of designating it as a unit of the National Park System. Requires such study to: (1) include cost estimates for any necessary acquisition, development, operation, and maintenance of the site; and (2) identify alternatives for the management, administration, and protection of the site.
(Sec. 7207) Directs the Secretary of the Interior to conduct a special resource study of the Harry S Truman Birthplace State Historic Site in Lamar, Missouri, to determine the suitability and feasibility of adding the birthplace site to the Harry S Truman National Historic Site or designating the site as a separate unit of the National Park System.
(Sec. 7208) Directs the Secretary of the Interior to conduct a special resource study of the sites and resources at Matewan, West Virginia, associated with the Battle of Matewan (the Matewan Massacre) of May 19, 1920, to determine the suitability and feasibility of designating certain historic areas of Matewan as a unit of the National Park System.
(Sec. 7209) Directs the Secretary of the Interior to conduct a special resource study along the Ox-Bow Route of the Butterfield Overland Trail in Missouri, Tennessee, Arkansas, Oklahoma, Texas, New Mexico, Arizona, and California to evaluate a range of alternatives for protecting and interpreting the resources of the route, including alternatives for potential addition of the Trail to the National Trails System.
(Sec. 7210) Directs the Secretary of the Interior to conduct a national historic landmark theme study to identify sites and resources in the United States that are significant to the Cold War. Requires such theme study to include recommendations for commemorating and interpreting identified sites and resources, including; (1) sites for which studies for potential inclusion in the National Park System should be authorized; (2) sites for which new national historic landmarks should be nominated; and (3) other appropriate designations.
Requires the Secretary to consult with the Secretary of the Air Force, state and local officials, state historic preservation offices, and other interested organizations and individuals in conducting the theme study.
Directs the Secretary to establish the Cold War Advisory Committee, which shall assist the Secretary in carrying out this section.
Directs the Secretary to publish an interpretive handbook on such War and disseminate information gathered through the study.
Authorizes appropriations.
(Sec. 7211) Directs the Secretary of the Interior to complete a special resource study of the site of the Battle of Camden fought in South Carolina on August 16, 1780, and the site of Historic Camden, which is currently a National Park System Affiliated Area, to determine the suitability and feasibility of designating such sites as a unit or units of the National Park System.
(Sec. 7212) Directs the Secretary of the Interior to complete a special resource study of Fort San Geronimo and other related resources to determine the suitability and feasibility of including Fort San Geronimo and such resources in Puerto Rico as part of the San Juan National Historic Site.
Subtitle D: Program Authorizations - (Sec. 7301) Directs the Secretary of the Interior, through the American Battlefield Protection Program, to assist and work in partnership with citizens, federal, state, local, and tribal governments, other public entities, educational institutions, and private nonprofits in the identification, research, evaluation, interpretation, and protection of historic battlefields and associated sites.
Establishes a battlefield acquisition grant program under which the Secretary may provide grants to eligible entities (states and local governments) to pay the federal share of the cost to acquire interests in eligible sites for the preservation and protection of those sites. Permits an eligible entity to acquire an interest in an eligible site using such a grant in partnership with a nonprofit.
Makes an interest in an acquired eligible site subject to the prohibition under the Land and Water Conservation Fund Act of 1965 on the conversion of any property acquired or developed with financial assistance under such Act, without obtaining the Secretary’s approval, to other than public outdoor recreation uses.
Authorizes appropriations.
(Sec. 7302) Establishes the Preserve America Program, under which the Secretary of the Interior, in partnership with the Advisory Council on Historic Preservation, may provide competitive grants to specified entities to support preservation efforts through heritage tourism, education, and historic preservation planning activities.
Requires the Secretary to: (1) consult the Council in the preparation of the list of projects that are to be provided grants under the Program; and (2) submit to specified congressional committees a list of any eligible projects that are to be provided grants.
Sets forth provisions regarding the designation of communities, tribal areas, and neighborhoods as Preserve America Communities. Requires the Council to establish an expedited process for Preserve America Community designation for local governments previously certified for historic preservation activities under the National Historic Preservation Act.
Authorizes appropriations.
(Sec. 7303) Establishes the Save America’s Treasures Program, under which the Secretary, in consultation with the National Endowment for the Arts, the National Endowment for the Humanities, the Institute of Museum and Library Services, the National Trust for Historic Preservation, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and the President’s Committee on the Arts and the Humanities, shall provide grants to eligible entities for projects to preserve nationally significant collections (collections of intellectual and cultural artifacts, including documents, sculpture, and works of art) and historic properties. Provides for, of the amounts available for such grants, not less than 50% to be available for projects to preserve collections and historic properties, which shall be distributed through a competitive grant process.
Requires a collection or historic property to be provided a competitive grant only if such collection or property is: (1) nationally significant; and (2) threatened or endangered. Provides that, a determination regarding the national significance of collections shall be made in consultation with the entities specified above, as appropriate.
Requires historic properties, to be eligible for a grant, to be: (1) listed in the National Register of Historic Places at the national level of significance; or (2) designated as a National Historic Landmark.
Requires the Secretary to: (1) consult with the organizations specified above in the preparation of the list of projects to be provided grants under the Program, and that if such an organization has submitted an application for a grant under the Program, such entity to be recused from consultation; and (2) submit to specified congressional committees a list of any eligible projects that are to be provided grants.
Authorizes appropriations.
(Sec. 7304) Authorizes appropriations through FY2019 to carry out the purposes of Public Law 106-45 (relating to the preservation of the cultural resources of the Route 66 Corridor and authorizing the Secretary of the Interior to provide assistance for the preservation of the Corridor).
(Sec. 7305) Amends the National Cave and Karst Research Institute Act of 1998 to remove a provision limiting federal spending by the Department of the Interior for the National Cave and Karst Research Institute, in New Mexico, to the amount of nonfederal funding received.
Authorizes appropriations.
Subtitle E: Advisory Commissions - (Sec. 7401) Amends the National Parks and Recreation Act of 1978 to reauthorize the Noa Hoa Pili O Kaloko-Honokohau Advisory Commission until December 31, 2018.
(Sec. 7402) Extends the authority for: (1) the Cape Cod National Seashore Advisory Commission until September 26, 2018; and (2) the National Park Service Concessions Management Advisory Board until December 31, 2009.
(Sec. 7404) Establishes the St. Augustine 450th Commemoration Commission to plan and carry out programs and activities to commemorate the 450th anniversary of the founding of St. Augustine, Florida.
Requires the Commission to: (1) prepare a strategic plan for the activities of the Commission carried out under this section; and (2) submit a final report that contains a summary of the Commission’s activities, a final accounting of funds received and spent by the Commission, and the findings and recommendations of the Commission.
Authorizes appropriations to the Commission to carry out this section for FY2009-FY2015.
Provides for such amounts to remain available until December 31, 2015.
Terminates the Commission on December 31, 2015. Directs the Commission, before such termination date, to transfer all documents and materials of the Commission to the National Archives or another appropriate federal entity.
Title VIII: National Heritage Areas - Subtitle A: Designation of National Heritage Areas - (Sec. 8001) Establishes the Sangre de Cristo National Heritage Area in Colorado, which shall consist of the Counties of Alamosa, Conejos, and Costilla and the Monte Vista National Wildlife Refuge, the Baca National Wildlife Refuge, the Great Sand Dunes National Park and Preserve, and other areas identified on a specified map for the Heritage Area. Requires the Sangre de Cristo National Heritage Area Board to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8002) Establishes the Cache La Poudre River National Heritage Area in Colorado. Requires the Poudre Heritage Alliance to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8003) Establishes the South Park National Heritage Area in South Park, Colorado. Requires the Park County Tourism & Community Development Office to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8004) Establishes the Northern Plains National Heritage Area in North Dakota, which shall consist of a core area of resources in Burleigh, McLean, Mercer, Morton, and Oliver Counties in North Dakota and any sites, buildings, and districts, within the core area recommended by the management plan, submitted pursuant to this section, for inclusion in the Heritage Area. Requires the Northern Plains Heritage Foundation to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8005) Establishes the Baltimore National Heritage Area in Maryland. Specifies the areas that shall comprise the boundaries of the Heritage Area. Requires the Baltimore Heritage Area Association to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8006) Establishes the Freedom’s Way National Heritage Area in Massachusetts and New Hampshire. Requires the Freedom’s Way Heritage Association, Inc., to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8007) Establishes the Mississippi Hills National Heritage Area. Specifies the boundaries of the Heritage Area. Requires the Mississippi Hills Heritage Area Alliance to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8008) Establishes the Mississippi Delta National Heritage Area. Specifies the boundaries of the Heritage Area. Requires the Mississippi Delta National Heritage Partnership to submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8009) Establishes the Muscle Shoals National Heritage Area in Alabama. Requires the Muscle Shoals Regional Center submit a management plan for the Heritage Area. Authorizes appropriations.
(Sec. 8010) Establishes the Kenai Mountains-Turnagain Arm National Forest Heritage Area in Alaska. Requires the Kenai Mountains-Turnagain Arm Corridor Communities Associationsubmit a management plan for the Heritage Area. Authorizes appropriations.
Subtitle B: Studies - (Sec. 8101) Requires the Secretary of the Interior to study the suitability and feasibility of designating a specified study area in the Apalachicola-Chattahoochee-Flint River Basin (Alabama and Georgia) as the Chattahoochee Trace National Heritage Corridor.
(Sec. 8102) Requires the Secretary of the Interior to study the suitability and feasibility of establishing the Northern Neck National Heritage Area in Virginia to be comprised of: (1) the part of eastern coastal Virginia between the Potomac and Rappahannock Rivers; (2) Westmoreland, Northumberland, Richmond, King George, and Lancaster Counties, Virginia; and (3) other areas adjacent to or in the vicinity of those areas that have similar heritage aspects.
Subtitle C: Amendments Relating to National Heritage Corridors - (Sec. 8201) Amends the Quinebaug and Shetucket Rivers Valley National Heritage Corridor Act of 1994 to extend the authority of the Secretary of the Interior to make grants or provide any assistance under the Act for the Quinebaug and Shetucket Rivers Valley National Heritage Corridor to September 30, 2015.
Requires the Secretary to conduct an evaluation of the accomplishments of the Corridor by no later than three years before the date on which the authority for federal funding terminates for the Corridor, and based upon the evaluation, to submit a report that includes recommendations for the future role of the National Park Service (NPS), if any, with respect to the Corridor.
Increases the total amount that may be appropriated for the Corridor.
(Sec. 8202) Amends the Delaware and Lehigh National Heritage Corridor Act of 1988 to make the Delaware & Lehigh National Heritage Corridor Incorporated (the Corporation) the local coordinating entity for the Delaware and Lehigh National Heritage Corridor, assuming the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission’s duties in implementing the Cultural Heritage and Corridor Management Plan for the Delaware and Lehigh Navigation Canal National Heritage Corridor.
Specifies the purposes for which the Corporation may use federal funds made available under such Act, including to make grants to, and enter into cooperative agreements with, the federal government, the Commonwealth of Pennsylvania, political subdivisions of the Commonwealth, nonprofits, and individuals. Prohibits the Corporation from using such funds to acquire land or an interest in land.
Requires the Secretary, upon request of the Corporation, to assist in designing and producing interpretive materials based on the Management Plan.
Authorizes the Secretary to enter into cooperative agreements with the Corporation and other public or private entities to provide technical assistance and grants in preparing and implementing the Management Plan. Requires the Corporation, in providing such assistance, to give priority to activities that assist in: (1) conserving the significant natural, historic, cultural, and scenic resources of the Corridor; and (2) providing educational, interpretive, and recreational opportunities consistent with the purposes of the Corridor.
Directs the Secretary to enter into a memorandum of understanding with the Corporation to ensure: (1) appropriate transition of management of the Corridor from the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission to the Corporation; and (2) coordination regarding implementation of the Management Plan.
Authorizes annual appropriations to the Corporation as prescribed under such Act. Extends the the authorization of appropriations to implement the management action plan created by the Commission through FY2012.
Terminates the Secretary’s authority to provide financial assistance under such Act five years after this Act’s enactment.
(Sec. 8203) Amends the Erie Canalway National Heritage Corridor Act to modify requirements concerning the Canalway National Heritage Corridor Commission. Requires the Commission to be composed of at least 21 members (under current law, 27 members), but not more than 27 members at any given time.
Extends the duration of the Commission for an additional 5 years.
Requires Department of Interior employees detailed to the Commission to assist the Commission in carrying out its duties (under current law, duties with regard to the preparation and approval of the Canalway Plan for the Corridor).
Authorizes the Superintendent of Saratoga National Historical Park in New York, upon request, to provide any operational assistance that is appropriate to assist with the implementation of the Canalway Plan.
Makes the amount authorized to be appropriated for the Corridor in any fiscal year available until expended.
(Sec. 8204) Amends federal law relating to the establishment of the Blackstone River Valley National Heritage Corridor (re-named the John H. Chafee Blackstone River Valley National Heritage Corridor) in Massachusetts and Rhode Island to modify the composition of the membership of the John H. Chafee Blackstone River Valley National Heritage Corridor Commission.
Subtitle D: Effect of Title - (Sec. 8301) Prohibits anything in this title from being construed as affecting access for recreational activities otherwise allowed by law or regulation, including hunting, fishing, or trapping.
Title IX: Bureau of Reclamation Authorizations - Subtitle A: Feasibility Studies - (Sec. 9001) Authorizes the Secretary of the Interior (the Secretary), acting through the Bureau of Reclamation (Bureau), to conduct feasibility studies on projects that address water shortages within the Snake, Boise, and Payette River systems in Idaho that are considered appropriate for further study by the Bureau’s 2006 water storage assessment report.
(Sec. 9002) Authorizes the Secretary, through the Commissioner of Reclamation, to complete a feasibility study of alternatives to augment water supplies in the Sierra Vista Subwatershed, Arizona, that are identified as appropriate for further study in a June 2007 appraisal report.
(Sec. 9003) Authorizes the Secretary, in cooperation with the city of San Diego and the Sweetwater Authority, to undertake a study to determine the feasibility of constructing a four reservoir intertie system to improve water storage opportunities, water supply reliability, and water yield of the existing non-federal water storage system. Directs the Secretary to indicate whether the proposed project is recommended for construction, to submit to Congress a feasibility report for the project if recommended, and to seek specific authority to develop and construct any recommended project. .
Subtitle B: Project Authorizations - (Sec. 9101) Authorizes the Secretary, in cooperation with the Tumalo Irrigation District, to participate in the planning, design, and construction of the Tumalo Irrigation District Water Conservation Project in Deschutes County, Oregon.
(Sec. 9102) Declares that the Madera Water Supply Enhancement Project, California, is feasible and requires all planning, design, and construction of the Project to be undertaken in accordance with a cooperative agreement between the Secretary and the Madera Irrigation District. Authorizes the Secretary to enter into a cooperative agreement for the support of Project design and construction. Makes Project operation, ownership, and maintenance the sole responsibility of the District.
(Sec. 9103) Authorizes the Secretary to provide financial and technical assistance to the Eastern New Mexico Rural Water Authority to assist in planning, designing, conducting preconstruction activities for, and constructing the Eastern New Mexico Rural Water System. Makes the Authority responsible for annual operation, maintenance, and replacement costs. Directs the Authority to develop a plan that establishes rates and fees necessary to ensure that the System is properly maintained and capable of delivering approximately 16,500 acre-feet of water per year. Prohibits the use of funds under this Act until such plan is developed and until the Secretary and the Authority have complied with applicable requirements of the National Environmental Policy Act of 1969 (NEPA). .
(Sec. 9104) Amends the Reclamation Wastewater and Groundwater Study and Facilities Act (Reclamation Act) to authorize the Secretary, in cooperation with the Rancho California Water District, to participate in the design, planning, and construction of permanent facilities for water recycling, demineralization, and desalination and distribution of non-potable water supplies in Southern Riverside County, California. .
(Sec. 9105) Directs the Secretary, acting through the Commissioner, to: (1) pay the federal share of the cost of carrying out the Jackson Gulch rehabilitation project in Colorado; and (2) use existing studies relating to the project, including engineering and resource information provided by, or at the direction of, federal, state, or local agencies and the Mancos Water Conservancy District. Directs the Secretary to: (1) recover the lesser of 35% of the project’s cost or $2.9 million as reimbursable expenses from the District over a 15-year period; and (2) credit the District for any amounts it paid before enactment of this Act for engineering work and improvements directly associated with the project. .
(Sec. 9106) Directs the Secretary, acting through the Commissioner, to: (1) conduct a study of irrigation infrastructure for 18 Rio Grande Pueblos in New Mexico; (2) develop a list of projects recommended to be implemented over a 10-year period to repair, rehabilitate, or reconstruct such infrastructure; and (3) carry out such activity with the consent of each Pueblo that notifies the Secretary of the intention to participate in the study and development of the list. Authorizes the Secretary to provide grants to the Pueblos to implement recommended projects to repair, rehabilitate, reconstruct, or replace Pueblo irrigation infrastructure to: (1) increase water use efficiency and agricultural productivity; (2) conserve water; or (3) otherwise enhance water management or help avert water supply conflicts in the Rio Grande Basin.
(Sec. 9107) Amends federal law providing funding to continue endangered fish recovery implementation programs for the Upper Colorado and San Juan River Basins by: (1) modifying the definition of “capital projects” to include rehabilitation and repair of facilities; (2) modifying the definition of “facilities” to include facilities for protection of critical habitat and for preventing entrainment of fish in water diversions; (3) increasing funding; and (4) extending the authorization period to fund recovery programs.
(Sec. 9108) Authorizes the Secretary to construct, operate, and maintain a project to provide water for irrigation, municipal, domestic, military, and other uses from the Santa Margarita River, California, in accordance with the final feasibility report and environmental reviews for the project and this Act. Authorizes project construction only after the Secretary determines that: (1) the Fallbrook Public Utility District, San Diego County, and the Navy have entered into contracts to repay to the United States appropriate costs of constructing, operating, and maintaining the Project; (2) the authorized California officer or agency has granted water use permits to the Bureau; (3) the District has agreed that it will not assert against the United States any prior right to water in excess of the quantity deliverable under this Act and will share water based on equal priority and a specified ratio; and (4) the Secretary has determined that the project has completed applicable economic, environmental, and engineering feasibility studies.
Makes the Navy Secretary responsible to pay only that portion of project costs that reflects the extent to which the Department of the Navy benefits from the project. Allows the Secretary to enter into a contract with the Navy Secretary for the impoundment, storage, treatment, and carriage of prior rights water for domestic, municipal, fish and wildlife, industrial, and other beneficial purposes using project facilities.
Permits operation of the project by the Secretary, the District, or a third party, subject to a memorandum of agreement between the two Secretaries and the District. Requires the Navy Secretary and the District to participate in the project yield on the basis of equal priority, with 60% of the project’s yield allotted to the Navy Secretary and 40% allotted to the District. Sets forth provisions governing contracts for the sale and delivery of excess water.
Requires the District’s general repayment obligation to be determined by the Secretary consistent with the Reclamation Project Act of 1939, with exceptions. Authorizes the Secretary to transfer operation of the project to the District or a mutually agreed upon third party.
Provides that California law shall apply to the rights of the United States pertaining to water use under this Act, with exceptions. Prohibits the project from being administered or operated in any way that would impair or deplete the quantities of water the United States would have been entitled to use under California law had the project not been built, unless otherwise agreed by the Navy Secretary.
(Sec. 9109) Amends the Reclamation Act to authorize the Secretary, in cooperation with the Elsinore Valley Municipal Water District, California, to participate in the design, planning, and construction of permanent facilities needed to establish recycled water distribution and wastewater treatment and reclamation facilities to treat wastewater and provide recycled water in the District.
(Sec. 9110) Amends the Reclamation Act to authorize the Secretary, contingent upon a finding of feasibility and acting through a cooperative agreement with the state of California or a subdivision thereof, to enter into cooperative agreements with eligible entities in the North San Pablo Bay watershed located in Marin, Napa, Solano, and Sonoma Counties for the planning, design, and construction of water reclamation and reuse facilities and recycled water conveyance and distribution systems. Requires any such cooperative agreement to require the program to be carried out in two phases, during which the Secretary and an entity shall complete the planning, design, and construction of: (1) the main treatment and main conveyance systems; and (2) the sub-regional distribution systems.
(Sec. 9111) Amends the Reclamation Act to authorize the Secretary: (1) in cooperation with the Orange County Water District (the District), to participate in the design, planning, and construction of natural treatment systems and wetlands for the flows of the Santa Ana River, California, and its tributaries into the Prado Basin; and (2) in cooperation with the Chino Basin Watermaster, the Inland Empire Utilities Agency, and the Santa Ana Watershed Project Authority, to participate in the design, planning, and construction of the Lower Chino Dairy Area desalination demonstration and reclamation project.
(Sec. 9112) Authorizes the Secretary, in cooperation with the Western Municipal Water District, Riverside County, California, to participate in the planning, design, and construction of the Riverside-Corona Feeder water supply project, which includes 20 groundwater wells, groundwater treatment facilities, water storage and pumping facilities, and 28 miles of pipeline in San Bernardino and Riverside Counties, California.
(Sec. 9113) Amends the Reclamation Act to authorize the Secretary to participate in the design, planning, and construction of Phase I permanent facilities for the GREAT project to reclaim, reuse, and treat impaired water near Oxnard, California.
(Sec. 9114) Amends the Reclamation to authorize the Secretary to participate in the design, planning, and construction of: (1) projects to treat impaired surface water, reclaim and reuse impaired groundwater, and provide brine disposal within the Santa Ana Watershed, in cooperation with the Yucaipa Valley Water District; and (2) a project to reclaim and reuse wastewater, including degraded groundwaters, within and outside of the service area of the City of Corona Water Utility, in cooperation with such Utility.
(Sec. 9115) Conditions the construction by the Secretary of the Interior of the Arkansas Valley Conduit, Colorado, on a contract providing for the payment within a specified period of 35% of the Conduit’s cost that is comprised of revenue generated by payments pursuant to a repayment contract and revenue that may be derived from contracts for the use of Fryingpan-Arkansas project excess capacity or exchange contracts using project facilities. Requires the latter revenue to be credited towards payment of the actual cost of Ruedi Dam and Reservoir, the Fountain Valley Pipeline, and the South Outlet Works at Pueblo Dam and Reservoir until payments for the Conduit begin, and then towards payment of the actual cost of the Conduit. Provides that nothing in federal reclamation law prohibits the concurrent crediting of revenue towards payment of the Conduit. Requires any project rates charged for water for municipal, domestic, or industrial use or for the use of facilities for the storage or delivery of water to be adjusted to reflect the estimated revenue derived from contracts for the use of project excess capacity or exchange contracts using project facilities.
Subtitle C: Title Transfers and Clarifications - (Sec. 9201) Authorizes the Secretary to convey to the McGee Creek Authority all U.S. rights to the pipeline and any associated facilities described in the Agreement Between the United States and McGee Creek Authority for the Purpose of Defining Responsibilities Related to and Implementing the Title Transfer of Certain Facilities at the McGee Creek Project, Oklahoma. Excludes the mineral estate from the conveyance. Provides that any rights and obligations under a specified contract between the Authority and the United States for the construction, operation, and maintenance of the McGee Creek Project shall remain in force. Requires the Secretary to complete any actions required under NEPA, the Endangered Species Act of 1973 (ESA), and the National Historic Preservation Act before such conveyance.
(Sec. 9202) Directs the Secretary to issue a quitclaim deed conveying Tingley Beach, San Gabriel Park, and the BioPark Parcels in Albuquerque, New Mexico, to the City of Albuquerque. Provides that the City shall not be required to pay any additional costs for the value of such Beach, Park, and Parcels.
(Sec. 9203) Authorizes the Secretary to convey all U.S. rights to the Goleta Water Distribution System of the Cachuma Project, California, consistent with the terms of the Agreement Between the United States and the Goleta Water District to Transfer Title of the Federally Owned Distribution System to the Goleta Water District. Provides that after the conveyance, the System shall not be considered to be part of a federal reclamation project but that federal reclamation law shall continue to apply to project water provided to the District.
Subtitle D: San Gabriel Basin Restoration Fund - (Sec. 9301) Amends the Miscellaneous Appropriations Act, 2001 to establish a 35% non-federal matching requirement for specified federal funds made available to: (1) the San Gabriel Water Quality Authority; and (2) the Central Basin Municipal Water District. Increases the authorization of appropriations for the San Gabriel Restoration Fund. Sets aside a specified sum to carry out the Central Basin Water Quality Project.
Subtitle E: Lower Colorado River Multi-Species Conservation Program - (Sec. 9402) Authorizes the Secretary to: (1) manage and implement the Lower Colorado River Multi-Species Conservation Program; and (2) enter into an agreement with Arizona, California, and Nevada providing for the use of water from the Lower Colorado River for habitat creation and maintenance.
Subtitle F: Secure Water - (Sec. 9503) Directs the Secretary, acting through the Commissioner, to establish a climate change adaptation program to: (1) assess the effects of, and risks from, global climate change regarding the quantity of water resources located in specified areas encompassing a watershed that contains a federally authorized reclamation project (service areas); and (2) ensure that strategies are developed to address potential water shortages, conflicts, and other impacts to water users and the environment of each service area.
Directs the Secretary to: (1) coordinate with the U.S. Geological Survey (USGS), the National Oceanic and Atmospheric Administration (NOAA), the regional integrated sciences and assessments program established by the Administrator of NOAA, and each appropriate state water resource agency to ensure that the Secretary has access to the best available scientific information regarding presently observed and projected future impacts of climate change on water resources; (2) assess specific risks to the water supply of each major reclamation river basin; (3) analyze the extent to which changes in U.S. water supply will impact water delivery to contractors, hydroelectric power generation facilities, recreation at reclamation facilities, fish and wildlife habitat, applicable species listed as endangered, threatened, or candidate species under ESA, water quality issues, flow and water dependent ecological resiliency, and flood control management; and (4) consider and develop strategies to mitigate each impact analyzed.
Requires the Secretary of Agriculture to develop a monitoring plan to acquire and maintain water resources data to strengthen the understanding of water supply trends and to assist in each assessment and analysis. Authorizes the Secretary, in cooperation with any nonfederal participant, to conduct studies to determine the feasibility and impact on ecological resiliency of implementing each mitigation and adaptation strategy. Authorizes appropriations for FY2009-FY2023.
(Sec. 9504) Authorizes the Secretary to provide grants to, or enter cooperative agreements with, eligible applicants to assist in planning, designing, or constructing improvements to: (1) conserve water; (2) increase water use efficiency; (3) facilitate water markets; (4) enhance water management, including increasing the use of renewable energy in the management and delivery of water; (5) accelerate the adoption and use of advanced water treatment technologies to increase water supply; (6) prevent the decline of species that the U.S Fish and Wildlife Service and National Marine Fisheries Service have proposed for listing under ESA; (7) accelerate the recovery of threatened species, endangered species, and designated critical habitats that are adversely affected by federal reclamation projects or are subject to a recovery plan or conservation plan under ESA under which the Commissioner has implementation responsibilities; or (8) carry out any other activity to address any climate-related impact to the water supply that increases ecological resiliency to the impacts of climate change, or to prevent any water-related crisis or conflict at any watershed that has a nexus to a federal reclamation project located in a service area.
Sets forth eligibility requirements. Prohibits the Secretary from providing a grant or entering into an agreement for an improvement to conserve irrigation water unless the applicant agrees not to use any associated water savings to increase the total irrigated acreage of that applicant, or to otherwise increase the consumptive use of water in the applicant’s operation.
Provides that if an infrastructure improvement to a federally owned facility is the subject of a grant or other agreement, the government shall continue to hold title to the facility.
Authorizes the Secretary to enter into agreements with any university, nonprofit research institution, or organization with water or power delivery authority to fund research activities designed to conserve, increase efficiency of, or enhance management of water resources, including increasing the use of renewable energy in the management and delivery of water. Requires such agreements to be available to all reclamation projects and programs that may benefit from project-specific or programmatic cooperative research and development. Allows grants or other agreements made under this Act to be for the mutual benefit of the United States and the entity that is provided the grant or enters into the agreement.
(Sec. 9505) Directs the Secretary of Energy to assess effects of, and risks from, climate change regarding water supplies required for the generation of hydroelectric power at each federal water project that is applicable to a Federal Power Marketing Administration. Directs that Secretary to consult with USGS, NOAA, the regional integrated sciences and assessments program established by the Administrator of NOAA, and each appropriate state water resource agency to ensure that the Secretary has access to the best available scientific information regarding impacts of global climate change on water resources that are used to product hydroelectric power. Authorizes appropriations for FY2009-FY2023.
(Sec. 9506) Directs the Secretary and the Administrator to establish and lead a climate change and water intragovernmental panel to: (1) review the current scientific understanding of each impact of climate change on the quantity and quality of U.S. water resources; and (2) develop any strategy deemed necessary to improve observational capabilities, expand data acquisition, or take other actions to increase the reliability and accuracy of modeling and prediction systems to benefit water managers and to increase the understanding of the impacts of climate change on aquatic ecosystems.
Requires the panel to consult with state water resource agencies, the National Advisory Committee on Water Information, drinking water utilities, water research organizations, and relevant water user, environmental, and other nongovernmental organizations to: (1) assess the extent to which the conduct of measures of streamflow, groundwater levels, soil moisture, evapotranspiration rates, evaporation rates, snowpack levels, precipitation amounts, flood risk, and glacier mass is necessary to improve government understanding regarding each impact of climate change on water resources; (2) identify data gaps in current water monitoring networks; (3) establish data management and communication protocols and standards; (4) consider options for the establishment of a data portal to enhance access to water resource data on each nationally significant watershed and aquifer in the United States; (5) integrate each initiative of the panel with any existing interagency initiative; (6) facilitate the development of hydrologic and other models to integrate data that reflects groundwater and surface water interactions; and (7) apply such models to identified water resource management problems, including the need to maintain or improve ecological resiliency at watershed and aquifer system scales.
Authorizes the Secretary to provide grants or enter into contracts to carry out demonstration, research, or methodology development projects to assist in the implementation of the strategy developed by the panel. Authorizes appropriations for FY2009-FY2013.
(Sec. 9507) Directs the Secretary to proceed with implementation of the national streamflow information program, as reviewed by the National Research Council in 2004. Requires the Secretary to: (1) measure streamflow and related environmental variables in nationally significant watersheds to develop a comprehensive source of information on which decisions relating to the management of water resources may be based; (2) provide for a better understanding of hydrologic extremes through intensive data collection activities; (3) establish a base network that provides resources necessary for the monitoring of long-term changes in streamflow and the conduct of assessments to determine the extent to which each long-term change is related to climate change; (4) integrate the national streamflow information program with data collection activities of federal and state agencies to enhance the comprehensive understanding of water availability, improve flood-hazard assessments, identify any data gap regarding water resources, and improve hydrologic forecasting; and (5) incorporate principles of adaptive management in the periodic reviews of information collected to assess whether program objectives are being adequately addressed.
Directs the Secretary to: (1) improve methodologies relating to the analysis and delivery of data; and (2) investigate, develop, and implement new methodologies and technologies to estimate or measure streamflow in a more cost-efficient manner.
Requires the Secretary, within 10 years, to: (1) increase the number of streamgages funded by the program to not less than 4,700 sites; and (2) ensure all streamgages are flood-hardened and equipped with water-quality sensors and modernized telemetry. Requires each site to conform with the program plan as reviewed by the National Research Council. Sets the federal share of the of the cost of the national streamgaging network at 100%. Authorizes appropriations: (1) necessary to operate the program for FY2009-FY2023; and (2) to carry out network enhancements for each of FY2009-FY2019.
Directs the Secretary to develop a systematic groundwater monitoring program for each major aquifer system in the United States. Requires the Secretary: (1) to establish appropriate criteria for monitoring wells to ensure the acquisition of long-term, high-quality data sets; (2) in coordination with the Advisory Committee and state and local water resource agencies, to assess the current scope of groundwater monitoring based on the access availability and capability of each existing monitoring well and to develop and carry out a monitoring plan that maximizes coverage for each major U.S. aquifer system; and (3) prior to initiating any specific monitoring activities within a state, to consult and coordinate with the appropriate state water resource agency with jurisdiction and to comply with applicable state laws.
Directs the Secretary to: (1) provide data necessary for the improvement of understanding regarding surface water and groundwater interactions; (2) support the groundwater climate response network to improve the understanding of the effects of climate change on groundwater recharge and availability by expanding the network of monitoring wells to reach each climate division; and (3) support the objectives of the assessment program. Sets the federal share of the cost of the monitoring program at 100%. Directs the Secretary to give priority to those activities for which a state or local governmental entity agrees to provide for a substantial share of the cost of establishing or operating a monitoring well or other measuring device to carry out a monitoring activity. Authorizes appropriations for FY2009-FY2023.
Directs the Secretary to conduct a study of available data to: (1) identify significant U.S. brackish groundwater resources and consolidate available data relating to each resource; and (2) report to the appropriate congressional committees. Authorizes appropriations for FY2009-FY2011.
Authorizes the Secretary to provide grants to entities with expertise in water resource data acquisition and reporting to: (1) investigate, develop, and implement new methodologies and technologies to estimate or measure water resources data in a cost-efficient manner; and (2) improve methodologies for the analysis and delivery of data. Directs the Secretary to give priority to entities that propose the development of new methods and technologies for: (1) predicting and measuring streamflows; (2) estimating changes in the storage of groundwater; (3) improving data standards and methods of analysis; (4) measuring precipitation and potential evapotranspiration; and (5) water withdrawals, return flows, and consumptive use. Directs the Secretary to encourage partnerships among federal agencies, academic institutions, and private entities to promote objectives described in this paragraph. Authorizes appropriations for FY2009-FY2019.
(Sec. 9508) Directs the Secretary, in coordination with the Advisory Committee and state and local water resource agencies, to establish a national water availability and use assessment program to: (1) provide a more accurate assessment of the status of U.S. water resources; (2) assist in the determination of the quantity and quality of water resources; (3) identify long-term trends in water availability to provide a more accurate assessment of the change in the availability of water; and (4) develop the basis for an improved ability to forecast the availability of water for future economic, energy production, and environmental uses.
Requires the Secretary to conduct: (1) any appropriate activity to carry out an ongoing assessment of water use in hydrologic accounting units and major aquifer systems in the United States; and (2) an ongoing assessment of water availability by developing and evaluating nationally consistent indicators that reflect each status and trend relating to the availability of U.S. water resources, maintaining a national database of water availability data that meets specified requirements, and applying predictive modeling tools that integrate groundwater, surface water, and ecological systems.
Authorizes the Secretary to provide grants to assist state water resource agencies in developing and integrating water use and availability datasets with datasets developed or maintained by the Secretary.
Sets forth: (1) criteria for and maximum amounts of grants; and (2) reporting requirements. Authorizes appropriations for FY2009-FY2023, with appropriations through FY2013 for the grant program.
(Sec. 9509) Authorizes the Secretary to enter into contracts, grants, or cooperative agreements to carry out research within the Bureau.
(Sec. 9510) Provides that nothing in this subtitle: (1) supersedes or limits any existing authority provided, or responsibility conferred, by any legal provision; or (2) preempts state water law or any interstate compact governing water. Directs the Secretary to comply with applicable state water laws in carrying out this Act.
Subtitle G: Aging Infrastructure - (Sec. 9602) Directs the Secretary of the Interior, acting through the Commissioner: (1) to develop specific inspection guidelines for project facilities constructed under federal reclamation law that are in proximity to urbanized areas and that could pose a risk to public safety or property damage if they were to fail; (2) to conduct inspections of those facilities within three years after this Act’s enactment; and (3) in selecting facilities to inspect, to take into account the potential magnitude of public safety and economic damaged posed by each such facility.
Directs the Secretary to use the data collected through the inspections to: (1) provide recommendations to transferred works operating entities for improvement of operation and maintenance processes, operating procedures, and structural modifications to those works; (2) determine an appropriate inspection frequency for such non-dam facilities, which shall not exceed six years; and (3) provide, upon request of operating entities, local governments, or state agencies, information regarding potential hazards posed by existing or proposed residential, commercial, industrial, or public-use development adjacent to project facilities.
Authorizes the Secretary, at the request of an operating entity of a transferred works in proximity to an urbanized area, to provide technical assistance to accomplish development of: (1) documented operating procedures and emergency notification and response procedures for a project facility; (2) facility inspection criteria; (3) a training program on operation and maintenance requirements and practices for an operating entity’s workforce; (4) a pubic outreach plan on the operation and risks associated with a facility; and (5) any other plans or documentation which will contribute to public safety and the safe operation of a project facility.
(Sec. 9603) Authorizes the Secretary or the transferred works operating entity to carry out any extraordinary operation and maintenance work on a project facility required to preserve the structural safety of the facility. Requires costs incurred by the Secretary in conducting extraordinary operation and maintenance work for reserved works to be allocated to the authorized reimbursable purposes of the project and repaid, with interest, within 50 years after work undertaken under this subtitle is substantially complete.
Authorizes the Secretary to advance the costs incurred by a transferred works operating entity in conducting extraordinary operation and maintenance work and to negotiate 50-year repayment contracts with project beneficiaries providing for the return of reimbursable costs, with interest.
Directs the Secretary or the transferred works operating entity to carry out any emergency extraordinary operation and maintenance work on a project facility necessary to minimize the risk of imminent harm to public health or safety or property. Authorizes the Secretary to: (1) advance funds for such work and to seek reimbursement from the benefiting entity; and (2) provide federal funds on a nonreimbursable basis sufficient to cover 35% of the cost of such work for a project facility inspected and maintained pursuant to this subtitle.
(Sec. 9604) Provides that nothing in this subtitle shall preclude a transferred works operating entity from applying and receiving a loan-guarantee pursuant to the Twenty-first Century Water Works Act.
(Sec. 9605) Authorizes appropriations.
Title X: Water Settlements - Subtitle A: San Joaquin River Restoration Settlement - Part I: San Joaquin River Restoration Settlement Act - (Sec. 10001) San Joaquin River Restoration Settlement Act - Directs the Secretary, in cooperation with the state of California, to implement the Stipulation of Settlement dated September 13, 2006, in Natural Resources Defense Council, et al. v. Kirk Rodgers, et al., United States District Court, Eastern District of California. Directs the Secretary to: (1) enter into agreements with California to expedite Settlement implementation; and (2) identify impacts on adjacent and downstream water users and landowners and mitigation measures. Prohibits Settlement implementation and the reintroduction of Chinook salmon from resulting in the involuntary reduction in contract water allocations to Central Valley Project (CVP) long-term contractors apart from Friant Division contractors.
Requires the Secretary, prior to releasing interim flows under the Settlement, to prepare an analysis in compliance with NEPA, including: (1) an analysis of channel conveyance capacities and potential for levee or groundwater seepage; (2) a description of the associated seepage monitoring program; (3) an evaluation of possible impacts associated with the release and mitigation measures; (4) a description of the associated flow monitoring program; and (5) an analysis of the likely federal costs of fish screens, fish bypass facilities, fish salvage facilities, and related operations on the San Joaquin River south of the confluence with the Merced River required under ESA as a result of the interim flows.
Authorizes the Secretary to release interim flows to the extent they would not: (1) impede or delay completion of specified measures under the Settlement; or (2) exceed existing downstream channel capacities. Directs the Secretary to reduce interim flows to the extent necessary to address any material adverse impacts to third parties from groundwater seepage identified based on the monitoring program.
Directs the Secretary to evaluate the effectiveness of the Hills Ferry barrier in preventing the unintended upstream migration of anadromous fish in the San Joaquin River and any false migratory pathways. Authorizes the Secretary to assist the Department of Fish and Game in making improvements to the barrier if any such migration past the barrier is caused by the introduction of the interim flows and the presence of such fish will result in the imposition of additional regulatory actions against third parties. Requires the Secretary to bear the costs of installation of fish screens or facilities under specified circumstances.
Requires funds to be collected in the San Joaquin River Restoration Fund through October 1, 2019, and specifies the amounts to be available for implementation of the Settlement and parts I and III of this title.
(Sec. 10005) Authorizes the Secretary to: (1) purchase property needed to implement the Settlement from willing sellers; and (2) dispose of such property and deposit proceeds into the San Joaquin River Restoration Fund.
(Sec. 10006) Directs the Secretary and the Secretary of Commerce to initiate and expeditiously complete applicable environmental reviews as necessary to effectuate the purposes of the Settlement. Provides that nothing in this part shall preempt state law or modify any existing U.S. obligation under federal reclamation law to operate the CVP in conformity with state law. Authorizes the Secretary to provide funds necessary to allow affected government agencies and Indian tribes to effectively participate in the environmental review process.
(Sec. 10007) Declares that the Settlement satisfies and discharges the Secretary’s obligations under the Reclamation Projects Authorization and Adjustment Act of 1992.
(Sec. 10009) Requires the costs of implementing the Settlement to be covered by payments or in kind contributions made by Friant Division contractors and other non-federal parties, with specified costs shared by California. Directs the Secretary to enter into agreements with California to fund or implement improvements on a project-by-project basis. Authorizes appropriations. Establishes within the Treasury the San Joaquin River Restoration Fund.
Directs the Secretary to conduct a study that specifies: (1) costs of undertaking work required under the Settlement to increase the capacity of reach 4B prior to reinitiation of restoration flows; (2) impacts associated with reinitiation of such flows; and (3) measures that shall be implemented to mitigate impacts. Requires the Secretary to file a report with Congress within 90 days of issuing a determination on whether to expand channel conveyance capacity to 4500 cubic feet per second in reach 4B or use an alternative route for pulse flows. Prohibits the Secretary from commencing expansion construction if the estimated federal cost would exceed the remaining federal funding authorized unless Congress has increased the applicable authorization ceiling.
(Sec. 10010) Directs the Secretary to convert specified long-term contracts to provide for the repayment of construction costs.
(Sec. 10011) Requires California Central Valley Spring Run Chinook salmon to be reintroduced into the San Joaquin River, contingent upon the Secretary of Commerce finding that a permit for such reintroduction may be issued under ESA. Requires the Secretary of Commerce to report to Congress by December 31, 2024, on progress made on the reintroduction and the Secretary’s plans for future implementation of this section.
Part II: Study to Develop Water Plan; Report - (Sec. 10101) Directs the Secretary: (1) acting through the Bureau, to provide direct financial assistance to the California Water Institute to study coordination and integration of sub-regional integrated regional water management plans into a unified Integrated Regional Water Management Plan for the San Joaquin River Hydrologic Region and Tulare Lake Hydrologic Region; and (2) to ensure that a report on the Plan is submitted to specified congressional committees within 24 months after financial assistance is made available to the Institute. Authorizes appropriations.
Part III: Friant Division Improvements - (Sec. 10201) Directs the Secretary to conduct feasibility studies in coordination with appropriate governmental authorities on improvements and facilities in the Friant Division with respect to: (1) restoration of the capacity of the Friant-Kern Canal and Madera Canal to such capacity as previously designed and constructed by the Bureau; and (2) reverse flow pump-back facilities on the Friant-Kern Canal, with reverse-flow capacity of approximately 500 cubic feet per second at the Poso and Shafter Check Structures and approximately 300 cubic feet per second at the Woollomes Check Structure. Authorizes the Secretary to construct those improvements and facilities.
(Sec. 10202) Authorizes the Secretary to: (1) provide financial assistance to local agencies within the CVP for the planning, design, environmental compliance, and construction of local facilities to bank water underground or to recharge groundwater and that recover such water; and (2) require y such local agencies to submit progress reports and accountings to the Secretary. Includes among eligibility criteria a requirement that all or a portion of the project is designed to reduce, avoid, or offset the quantity of the expected water supply impacts to Friant Division long-term contractors caused by the interim or restoration flows authorized in this subtitle that have not already been reduced, avoided, or offset by other programs or projects.
al Prohibits any such financial assistance from being provided unless the Secretary: (1) determines that appropriate planning, design, and environmental compliance activities have been completed; (2) has been offered the opportunity to participate in the project at a price that is no higher than the local agency’s own costs in order to secure necessary storage extraction and conveyance rights for water that may be needed to meet the restoration goal; (3) determines that the local agency has the financial capability and willingness to funds its share of project construction and all operation and maintenance costs on an annual basis; (4) determines that an acceptable method has been developed for quantifying the reduction, avoidance, or offset of the water supply impacts that will result from the project and for ensuring appropriate adjustment in the recovered water account; and (5) has entered into a cost-sharing agreement with the local agency which commits the agency to funding its share of the project’s construction costs on an annual basis. Limits federal financial assistance provided to local agencies to 50% of costs associated with planning, design, and environmental compliance and 50% of costs associated with construction. Sets forth provisions regarding project ownership.
(Sec. 10203) Authorizes appropriations.
Subtitle B: Northwestern New Mexico Rural Water Projects - Northwestern New Mexico Rural Water Projects Act - (Sec. 10303) Sets forth environmental law, reallocation of cost, and interest rate provisions.
Part I: Amendments to the Colorado River Storage Project Act and Public Law 87-483 - (Sec. 10401) Amends the Colorado River Storage Project Act to authorize the Secretary to: (1) create and operate a top water bank within the available capacity of Navajo Reservoir; and (2) construct, operate, and maintain the Navajo Indian Irrigation Project to provide irrigation water to a service area of up to 110,630 acres of land. Limits the average annual diversion by the Project.
Permits the water diverted to be used within the area served by Project facilities for: (1) aquaculture purposes; (2) domestic, industrial, or commercial purposes relating to agricultural production and processing; (3) the generation of hydroelectric power incident to the diversion of water by the Project for authorized purposes; and (4) the implementation of specified alternate water source provisions. Provides that: (1) hydroelectric power generated shall be used or marketed by the Navajo Nation; (2) the Navajo Nation shall retain any revenues from the sale of such power; and (3) the United States shall have no trust obligation to monitor, administer, or account for revenues received or expended by the Navajo Nation.
Authorizes the Secretary to use the capacity of the Project works to convey water supplies for the Navajo-Gallup Water Supply Project or other authorized nonirrigation purposes. Requires repayment of construction costs of the Project in accordance with the Colorado River Storage Project Act. Prohibits the Secretary from reallocating or requiring repayment of such costs because of the conveyance of water supplies for non-irrigation purposes.
Directs the Secretary to determine the quantity of any shortages and the appropriate apportionment of water using the normal diversion requirements on the flow of the San Juan River originating above the Navajo Dam based on: (1) the quantity of diversion or water delivery for the current year anticipated to be necessary to irrigate land in accordance with cropping plans prepared by contractors; (2) the diversion or water delivery demands for the current year anticipated for non-irrigation uses under water delivery contracts, excluding any current demand for surface water for placement into aquifer storage for future recovery and use; and (3) an annual normal diversion demand of 135,000 acre-feet for the initial stage of the San Juan-Chama Project. Prohibits the Secretary from including in the normal diversion requirements: (1) the quantity of water that reliably can be anticipated to be diverted or delivered under a contract from inflows to the San Juan River arising below Navajo Dam under New Mexico State Engineer File No. 3215; or (2) the quantity of water anticipated to be supplied through reuse.
Requires the Secretary: (1) upon determining that there is a shortage of water, to respond to the shortage in the Navajo Reservoir water supply by curtailing releases and deliveries, as specified; and (2) to apportion water on an annual volume basis.
(Sec. 10403) Declares that nothing in this Act modifies, conflicts with, preempts, or otherwise affects specified federal water statutes unless expressly provided.
Part II: Reclamation Water Settlements Fund - (Sec. 10501) Establishes in the Treasury a Reclamation Water Settlements Fund. Directs the Secretary of the Treasury to deposit specified amounts into the Fund for each of FY2020-FY2034. Authorizes the Secretary to expend up to a specified amount from the Fund for each such fiscal year to implement a settlement agreement approved by Congress that resolves litigation involving the United States if the agreement or implementing legislation requires the Bureau to provide financial assistance for, or to plan, design, and construct: (1) water supply infrastructure; or (2) a project to rehabilitate a water delivery system to conserve water or to improve environmental conditions associated with, or located within the same river basin as, an existing reclamation project.
Lists priorities for expenditure of amounts in the Fund. Directs the Secretary to reserve certain amounts deposited in the Fund. Requires the Secretary to expend specified sums for completion of the Navajo-Gallup water supply project and other New Mexico and Montana settlements.
Part III: Navajo-Gallup Water Supply Project - (Sec. 10602) Authorizes the Secretary to: (1) design, construct, operate, and maintain the Navajo-Gallup Water Supply Project in substantial accordance with the draft environmental impact statement prepared by the Bureau; and (2) construct, operate, and maintain specified Project facilities to provide for the delivery of San Juan River water to Gallup, New Mexico, the Navajo Nation, and the Jicarilla Apache Nation.
Sets forth conditions regarding land acquisition by the Secretary and commencement of construction of the facilities authorized. Requires the state of New Mexico to provide a specified share of Project construction costs. Allows the Secretary, if the Jicarilla Apache Nation elects not to enter into a contract, to make appropriate modifications to the scope of the Project and proceed with Project construction if all other conditions for construction have been satisfied. Makes the Indian Self-Determination and Education Assistance Act inapplicable to the design, construction, operation, maintenance, or replacement of the Project.
Directs the Secretary to reserve up to 26 megawatts of power for Project use. Authorizes the Secretary to enter into separate agreements with, and to convey title to each Project facility or section of a facility to, Gallup and the Navajo Nation after: (1) completion of construction of such a facility that is operating and delivering water; and (2) execution of a Project operations agreement approved by the Secretary and Project participants.
Allows certain regional use of Project facilities.
(Sec. 10603) Requires water supply from the Project to be used for municipal, industrial, commercial, domestic, and stock watering purposes. Allows: (1) hydroelectric power to be generated incident to the delivery of Project water for authorized purposes; and (2) water contracted for delivery that is not needed for current water demands or uses to be delivered by the Project for placement in underground storage in New Mexico for future recovery and use.
Allows the Project to divert from the Navajo Reservoir and the San Juan River a quantity of water to be allocated and used consistent with the Agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 19, 2005 (the Agreement) and this Act that does not exceed in any one year the lesser of 37,760 acre-feet of water or the quantity of water necessary to supply a depletion from the San Juan River of 35,890 acre-feet.
Sets forth provisions regarding: (1) project delivery capacity allocations; and (2) conditions for the use of Project water in Arizona. Prohibits Project water from being delivered for use by any community of the Nation located in Arizona until: (1) the Navajo Nation and Arizona have entered into a water rights settlement agreement approved by an Act of Congress that settles and waives the Nation’s claims to water in the Lower Basin and the Little Colorado River Basin; and (2) the Secretary and the Navajo Nation have entered into a Navajo Reservoir water supply delivery contract for the physical delivery and diversion of water via the Project from the San Juan River system to supply uses in Arizona.
Requires the Secretary to confer with the states of Colorado and New Mexico regarding water development in the San Juan River Basin. Prohibits rights to the consumptive use of water available to the Upper Basin from the Colorado River System under the Colorado River Compact and the Upper Colorado River Basin Compact from being reduced or prejudiced by any such conditions on the use of water in Arizona.
Authorizes the Navajo Nation to temporarily forbear the delivery of the water supply of the Navajo Reservoir for uses in New Mexico under the apportionments of water to the Navajo Indian Irrigation Project and normal diversion requirements to allow an equivalent quantity of water to be delivered from the Reservoir for municipal and domestic uses of the Navajo Nation in Arizona during any year in which a shortage to the normal diversion requirement for any Project use within Arizona occurs, subject to specified conditions.
Sets forth provisions regarding water diversion to the Lower Basin, as that term is used in the Colorado River Compact.
Authorizes the Secretary to pay the operation, maintenance, and replacement costs of the Project allocable to the Project participants until: (1) the Secretary declares any section of the Project to be substantially complete; and (2) delivery of water generated by and through that section can be made to a Project participant.
Provides that nothing in this Act shall be construed as authorizing or establishing a precedent for any type of transfer of Colorado River System water between the Upper Basin and the Lower Basin or as expanding the Secretary’s authority in the Upper Basin.
Specifies that diversions by the Project consistent with this section address critical tribal and non-Indian water supply needs under unique circumstances. .
(Sec. 10604) Recognizes that the hydrologic determination prepared by the Bureau necessary to support approval of the contract between the United States and the Navajo Nation setting forth certain commitments, rights, and obligations described in the Agreement (the Contract) has been completed. Approves, ratifies, and confirms the Contract. Directs the Secretary to enter into the Contract to the extent that it does not conflict with this Act. Lists nonreimbursable construction costs, not subject to repayment by the Navajo Nation or any other Project beneficiary. Requires the Navajo Nation to pay allocated costs relating to the operation, maintenance, and replacement of each Project facility. Allows the Contract to be limited by a term of years, canceled, terminated, or rescinded only by an Act of Congress.
Authorizes the Secretary to enter into a repayment contract with Gallup that requires Gallup to: (1) repay its share of construction costs of relating to the Project, with interest, within a 50-year period; and (2) pay the operation, maintenance, and replacement allocated costs of the Project. Authorizes the contract to allow Gallup to prepay its share prior to the initiation of construction.
Authorizes the Secretary to enter into a comparable repayment contract with the Jicarilla Apache Nation. Provides that the Jicarilla Apache Nation shall have no obligation to repay any Navajo Indian Irrigation Project construction costs that might otherwise be allocable to it for use of Project facilities to convey water.
Sets forth provisions regarding: (1) capital cost allocations; (2) operation, maintenance, and replacement cost allocations; and (3) temporary waivers of payments.
Directs the Secretary to facilitate the formation of a project construction committee with Project participants and New Mexico to: (1) review cost factors and budgets for construction and operation and maintenance activities; (2) improve construction management through enhanced communication; and (3) seek additional ways to reduce overall Project costs.
(Sec. 10605) Authorizes the Navajo Nation to use the Navajo Nation Municipal Pipeline to convey non-Animas La Plata Project water for municipal and industrial purposes. Authorizes the Secretary, upon completion of the Pipeline, to enter into separate agreements with the city of Farmington, New Mexico, and the Navajo Nation to convey title to each portion of the Pipeline facility or section of the Pipeline to Farmington and the Navajo Nation after execution of a Project operations agreement approved by the Secretary, the Navajo Nation, and Farmington.
(Sec. 10606) Authorizes the Secretary to construct or rehabilitate wells and related pipeline facilities to provide capacity for the diversion and distribution of: (1) not more than 1,670 acre-feet of groundwater in the San Juan River Basin in New Mexico for municipal and domestic uses; and (2) not more than 680 acre-feet of groundwater in the Little Colorado River Basin in New Mexico, 80 acre-feet of groundwater in the Rio Grande Basin in New Mexico, and 770 acre-feet of groundwater in the Little Colorado River Basin in Arizona. Requires the Navajo Nation to complete a conjunctive groundwater development plan for the wells. Sets forth provisions regarding land acquisition, conditions for construction activity, conveyance of wells, use of Project facilities, and limitations on the diversion and use of groundwater by wells.
(Sec. 10607) Directs the Secretary to rehabilitate the Fruitland-Cambridge Irrigation Project and the Hogback-Cudei Irrigation Project. Prohibits the Secretary from commencing construction before executing the Agreement. Provides that the Navajo Nation shall continue to be responsible for the operation, maintenance, and replacement of each facility rehabilitated.
(Sec. 10608) Directs the Secretary to study Non-Navajo Irrigation District diversion and ditch facilities and identify and prioritize recommended projects to repair, rehabilitate, or reconstruct facilities to improve water use efficiency. Authorizes the Secretary to provide grants to, and enter into cooperative agreements with, the Non-Navajo Irrigation Districts to plan, design, or otherwise implement the projects.
(Sec. 10609) Authorizes appropriations to the Secretary to plan, design, and construct the Navajo-Gallup Water Supply Project for FY2009-FY2024. Authorizes appropriations for conjunctive use wells, for San Juan River Irrigation Projects, and for other irrigation projects. Limits amounts that may be made available for: (1) the survey, recovery, protection, preservation, and display of archeological resources in the area of a Project facility or conjunctive use well; and (2) purchasing land and constructing and maintaining facilities to mitigate the loss of, and improve conditions for the propagation of, fish and wildlife.
Part IV: Navajo Nation Water Rights - (Sec. 10701) Approves, ratifies, and confirms the Agreement among the State of New Mexico, the Nation, and the United States setting forth a stipulated and binding agreement signed by the State of New Mexico and the Nation on April 19, 2005. Directs the Secretary to enter into the Agreement to the extent that it does not conflict with this Act.
Makes water available annually under the Contract for projects in New Mexico supplied from the Navajo Reservoir and the San Juan River in specified quantities.
Authorizes the Navajo Nation to enter into subcontracts for the delivery of Project water under the Contract to third parties for any beneficial use in New Mexico.
Sets deadlines for Agreement implementation.
(Sec. 10702) Establishes in the Treasury the Navajo Nation Water Resources Development Trust Fund to: (1) investigate, construct, operate, maintain, or replace water project facilities; and (2) investigate, implement, or improve a water conservation measure necessary for the Navajo Nation to make use of a water right under the Agreement.
(Sec. 10703) Requires the Navajo Nation and the United States to execute certain waivers and releases of claims. Provides for the tolling of claims.
(Sec. 10704) Declares that the water rights adjudicated to the Navajo Nation shall be held in trust by the United States.
Subtitle C: Shoshone-Paiute Tribes of the Duck Valley Reservation Water Rights Settlement - (Sec. 10804) Approves, ratifies, and confirms, and directs the Secretary of the Interior to execute, the Agreement to Establish the Relative Water Rights of the Shoshone-Paiute Tribes of the Duck Valley Reservation and the Upstream Water Users, East Fork Owyhee River, except as specified in this subtitle.
Provides that: (1) this Act does not authorize the Tribes to use or authorize others to use tribal water rights off the Reservation other than for storage at Wild Horse Reservoir for use on tribal land and for the allocation of 265 acre feet to upstream water users under such Agreement or for use on tribal land off the Reservation; (2) execution of such Agreement shall not constitute major federal action under NEPA; and (3) this subtitle does not affect the status of the Duck Valley Indian Irrigation Project.
(Sec. 10805) Requires tribal water rights to be held in trust by the United States for the Tribes’ benefit. Directs the Tribes to enact a water code to administer such rights. Requires the Secretary to regulate such rights until the Tribes enact a water code.
(Sec. 10807) Establishes the Shoneshone-Paiute Tribes Water Rights Development Fund for: (1) the rehabilitation or expansion of the Project; (2) acquisition of land and water rights; (3) cultural preservation; (4) restoring or improving fish or wildlife habitat; (5) fish or wildlife protection, water resource development, or agricultural development; (6) water resource planning and development; (7) designing and constructing water supply and sewer systems for tribal communities; (8) water-related projects and other related economic development projects; (9) developing water codes; or (10) the costs of implementing the Agreement.
Establishes the Shoshone-Paiute Tribes Operation and Maintenance Fund to pay or provide reimbursement for the operation, maintenance, and replacement costs of: (1) the Project and other water-related projects funded under this subtitle; or (2) water supply and sewer systems for tribal communities.
Authorizes appropriations for such Funds for FY2010-FY2014. Requires the Secretary to manage the Funds in accordance with the American Indian Trust Fund Management Reform Act of 1994. Provides for withdrawing and spending amounts from the Funds, enforcing tribal management plans and expenditure plans, and reporting on the expenditures from the Funds. Prohibits amounts from the Funds from being distributed to Tribal members on a per capita basis.
(Sec. 10808) Authorizes the waiver or release by the Tribes and the United States of the Tribes’ claims for water rights in the East Fork of the Owyhee River in Nevada, claims to such rights that could be asserted in court proceedings, claims for damages, losses, or injuries to such rights, or claims of interference with, diversion, or taking of water rights within Nevada. Authorizes Tribes to waive and release claims against the United States: (1) for water rights in the East Fork of the Owyhee River or the Snake River Basin Adjudication in Idaho; (2) for damages, losses, or injuries to water, such rights, land, or other resources due to loss of water or water rights within Nevada and Idaho; (3) that relate to the operation maintenance, or rehabilitation of the Project; (4) that relate to the litigation of claims concerning the Tribes’ water rights in pending proceedings before the Nevada State Engineer to determine the the water rights of the Tribes in the East Fork of the Owyhee River in Nevada or the Snake River Basin Adjudication in Idaho; or (5) that relate to the negotiation, execution, or adoption of the Agreement.
Requires Tribes and the United States to retain: (1) claims for enforcement of the Agreement, the Final Consent Decree, or this subtitle; (2) rights to acquire a water right in a state to the same extent as other entities in the state and to use and protect water rights acquired; (3) claims relating to activities affecting the quality of water; and (4) rights, remedies, privileges, immunities, and powers not specifically waived and released under the terms of this subtitle.
Provides that the waivers and release of claims become effective when the Secretary publishes a finding that: (1) the Agreement and the waivers and releases authorized have been executed by the parties and the Secretary; (2) the Fourth Judicial District Court, Elko County, Nevada, has issued a judgment and decree consistent with the Agreement from which no further appeal can be taken; and (3) specified amounts have been appropriated. Declares that the Agreement and this Act will not take effect and any funds and interest accrued that have been appropriated under this Act shall revert to the general fund of the Treasury if the Secretary does not publish such statement by March 31, 2016. Provides for the tolling of claims.
(Sec. 10809) Gives U.S. consent to jurisdiction in a proper forum for purposes of enforcing the Agreement’s provisions.
Title XI: United States Geological Survey Authorizations - (Sec. 11001) Amends the National Geologic Mapping Act of 1992 to extend deadlines for development of a five-year strategic plan for the geologic mapping program and for appointment of the advisory committee.
Removes from program objectives the development of a geophysical- and geochemical- map database. Directs that mapping priorities be based in part on the needs of the Department of the Interior land management agencies.
Modifies the composition of the advisory committee and increases the number of members on such committee. Requires the advisory committee, at the request of the President, the President’s designee, the Committee on Natural Resources of the House of Representatives, or the Committee on Energy and Natural Resources of the Senate, to provide an overview report on the quality, utility, and appropriateness of geologic maps used or disseminated by federal agencies for regulation or land-use planning. Directs that the national geologic map database include all maps developed with funding provided by the National Cooperative Geologic Mapping Program, including under the federal, state, and education components.
Authorizes appropriations for each of FY2009-FY2018. Increases the percentages allocated for the state and education components.
(Sec. 11002) Directs the Secretary, acting through the Director of USGS, to study and report to specified congressional committees on water resources in the New Mexico, to include a survey of groundwater resources and a characterization of surface and bedrock geology of the Estancia Basin, Salt Basin, Tularosa Basin, Hueco Basin, and middle Rio Grande Basin.
Title XII: Oceans - Subtitle A: Ocean Exploration - Part I: Exploration - (Sec. 12002) Establishes a national ocean exploration program within the National Oceanic and Atmospheric Administration (NOAA) that promotes collaboration with other federal ocean and undersea research and exploration programs. Requires convening an ocean exploration and undersea research technology and infrastructure task force. Establishes the Ocean Exploration Advisory Board. Authorizes appropriations.
Part II: NOAA Undersea Research Program Act of 2009 - NOAA Undersea Research Program Act of 2009 - (Sec. 12102) Establishes a NOAA undersea research program for the purpose of increasing scientific knowledge essential for the informed management, use, and preservation of oceanic, marine, and coastal areas and the Great Lakes. Requires specified research, exploration, education, and technology programs to be conducted through a network of extramural network regional undersea research centers and the National Institute for Undersea Science and Technology. Authorizes appropriations.
Subtitle B: Ocean and Coastal Mapping Integration Act - Ocean and Coastal Mapping Integration Act - (Sec. 12202) Directs the President to establish a coordinated federal program to develop an ocean and coastal mapping plan for the Great Lakes and coastal state waters, the territorial sea, the exclusive economic zone, and the continental shelf of the United States that enhances ecosystem approaches in decision-making for conservation and management of marine resources and habitats, establishes research and mapping priorities, supports the siting of research and other platforms, and advances ocean and coastal science. Requires a plan for an integrated ocean and coastal mapping initiative within the NOAA. Authorizes appropriations.
Subtitle C: Integrated Coastal and Ocean Observation System Act of 2009 - Integrated Coastal and Ocean Observation System Act of 2009 - (Sec. 12304) Directs the President to establish a National Integrated Coastal and Ocean Observation System that is designed to address regional and national needs for ocean information, to gather specific data on key coastal, ocean, and Great Lakes variables, and to ensure timely and sustained dissemination and availability of such data. Requires an advisory committee. Authorizes appropriations.
Subtitle D: Federal Ocean Acidification Research and Monitoring Act of 2009 - Federal Ocean Acidification Research And Monitoring Act of 2009 or the FOARAM Act - (Sec. 12404) Directs the Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council to: (1) coordinate federal activities on ocean acidification and establish an interagency working group; and (2) develop a strategic plan for federal research and monitoring on ocean acidification. Requires specified ocean acidification programs in NOAA, the National Science Foundation (NSF), and the National Aeronautics and Space Administration (NASA). Authorizes appropriations.
Subtitle E: Coastal and Estuarine Land Conservation Program - Coastal and Estuarine Land Conservation Program Act - (Sec. 12502) Amends the Coastal Zone Management Act of 1972 to authorize the Secretary of Commerce to conduct a Coastal and Estuarine Land Conservation Program to protect important coastal and estuarine areas. Requires related property acquisition grants to coastal states with approved coastal zone management plans or National Estuarine Research Reserve units. Authorizes appropriations.
Title XIII: Miscellaneous - (Sec. 13001) Amends the Act of February 22, 1889 (relating to enabling North Dakota, South Dakota, Montana, and Washington to become states), and the Act of July 2, 1862, commonly known as the First Morrill Act (relating to land grant aid to states for agricultural and mechanical colleges), to set forth requirements for the management and disposition of the proceeds from certain public land trust funds in North Dakota.
Grants consent to the amendments to the Constitution of North Dakota proposed by North Dakota House Concurrent Resolution 3037 of the 59th Legislature concerning management of the common schools and other educational or charitable institution trust funds.
(Sec. 13002) Amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 to require that, in a program to develop and implement projects to mitigate impacts to fisheries resulting from the construction and operation of water diversions by local governmental entities, priority be given to projects costing under $2.5 million (under current law, under $5 million). Amends the Fisheries Restoration and Irrigation Mitigation Act of 2000 to permit the Secretary of the Interior to accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration. Authorizes appropriations.
(Sec. 13003) Amends the Alaska Natural Gas Pipeline Act to give the U.S. Court of Appeals for the District of Columbia Circuit original and exclusive jurisdiction (except for review by the Supreme Court on writ of certiorari) to determine the validity of any action taken under any provision of law relating to a gas transportation project, including the Act commonly known as the Administrative Procedure Act, the Endangered Species Act of 1973, the National Environmental Policy Act of 1969, the National Historic Preservation Act, and the Alaska National Interest Lands Conservation Act. (Current law specifies only the National Environmental Policy Act of 1969.)
(Sec. 13004) Amends the Department of Energy Organization Act to authorize an additional assistant secretary for the Department of Energy.
(Sec. 13005) Authorizes the Secretary of Energy to convey to the Lovelace Respiratory Research Institute, a nonprofit organization chartered by the state of New Mexico, a described parcel of land for research, scientific, or educational use. Directs the Secretaries of the Interior and the Air Force to complete any real property actions, including the revocation of any federal withdrawals that are necessary to allow the conveyance. Requires, in consideration for the conveyance, that the Institute take title to the parcel and any improvements as contaminated and be responsible for completing all required environmental remediation in the same manner and to the same extent as required by law applicable to privately owned facilities, regardless of the date of the contamination or the responsible party.
(Sec. 13006) Authorizes appropriations to the National Tropical Botanical Garden for operation and maintenance for FY2008-FY2017.
Title XIV: Christopher and Dana Reeve Paralysis Act - Christopher and Dana Reeve Paralysis Act Subtitle A: Paralysis Research - (Sec. 14101) Requires the Director of the National Institutes of Health (NIH) to develop mechanisms to coordinate NIH paralysis research and rehabilitation activities in order to further advance and avoid duplication of such activities.
Authorizes the Director to make grants for the cost of planning, establishing, improving, and providing basic operating support for consortia in paralysis research. Requires the Director to designate each consortium funded as a Christopher and Dana Reeve Paralysis Research Consortium. Authorizes such consortia to: (1) conduct basic, translational, and clinical paralysis research; (2) facilitate and enhance the dissemination of clinical and scientific findings; and (3) replicate the findings of consortia members or other researchers for scientific and translational purposes. Authorizes the Director to provide for a mechanism to educate and disseminate information on NIH paralysis programs and research activities, through which the Director can receive comments from the public.
Subtitle B: Paralysis Rehabilitation Research and Care - (Sec. 14201) Requires the Director to award grants for multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of outcomes on forms of paralysis that result from central nervous system trauma, disorders, and/or stroke. Authorizes a multicenter network of clinical sites to: (1) focus on areas of key scientific concern, including improving functional mobility; and (2) replicate the findings of network members or other researchers for scientific and translation purposes.
Subtitle C: Improving Quality of Life for Persons with Paralysis and Other Physical Disabilities - (Sec. 14301) Authorizes the Secretary of Health and Human Services to: (1) study the unique health challenges associated with paralysis and other physical disabilities; and (2) carry out projects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities, including developing a national paralysis and physical disability quality of life action plan and establishing a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions.
Authorizes the Secretary to award grants to state and local health disability agencies to: (1) establish a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; (2) develop comprehensive paralysis and other physical action plans and activities; (3) assist state-based programs in collaborating with people with paralysis and other physical disabilities and their constituent organization; (4) coordinate paralysis and physical disability activities with existing state-based disability and health programs; (5) provide education and training opportunities and programs for health professionals and allied caregivers; and (6) develop, test, evaluate, and replicate effective intervention programs to maintain or improve health and quality of life. Allows the Secretary to award grants to private health and disability organizations to: (1) disseminate information to the public; (2) improve access to services for persons living with paralysis and other physical disabilities and their caregivers; (3) test model intervention programs to improve health and quality of life; and (4) coordinate existing services with state-based disability and health programs.
Authorizes appropriations for FY2008-FY2011.
Title XV: Smithsonian Institution Facilities Authorization - (Sec. 15101) Authorizes the Board of Regents of the Smithsonian Institution to: (1) design and construct laboratory and support space to accommodate the Mathias Laboratory at the Smithsonian Environmental Research Center in Edgewater, Maryland; (2) construct laboratory space to accommodate the terrestrial research program of the Smithsonian tropical research institute in Gamboa, Panama; and (3) construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain its horticultural operations and preserve the orchid collection it holds in trust.
Authorizes appropriations for: (1) FY2009-FY2011 for the design and construction of the laboratory and support space to accommodate the Mathias Laboratory; (2) FY2009-FY2010 for the construction of the laboratory space to accommodate the terrestrial research program; and (3) the construction of the greenhouse facility.
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There are plans for a new park in the Northwest to follow the Glacial trail from Montana to E. Washington. I guess that is part of this.
I’ll settle for a law allowiung congress to be in session no more than ten days per year of which eight must be held within a 14 day period. I also support law requiring each member of congress to read all leglislation word for word before voting and to sign sworn statements as such under penalty of perjury.
You're far too kind. I'd at minimum send them to bed without dinner, then make them clean the garage.
I’m sure this will stop Timber production in the Sierra. I heard that Red Emerson is closing his mills in Cal and moving his Sierra Pacific empire to Washington...
I would also like to see them forced to move back to their home state districts and required to reside there excluding reasonable vacation time. Meaning say residing in home state 335 days of the year I think would about cover it. Cut their pay accordingly to $5000 per week in session limited to 10 days except in national emergency called sesions such as declaration or war etc. Also make them work within the private sector for their own family income.
I think he's broken that promise more than he's kept it.
The White Mtns, across the Owens Valley from the High Sierra of California was included in this wilderness bill. The only way to get up there was on a dirt road which will now be blocked off. Even the local hikers were against this bill as they said there is no water up there, so no way to hike or back pack into the 14,000' range.
All hail the infallable King of the Environment for the entire planet and human race. He's sneaking cigarettes in the Whitehouse as I type this in spite of it's irrepairable harm to his own children. Never has there ever been a bigger hipocrite and liar!!!
BTTT
More analysis on what was foisted upon us.
http://spectator.org/archives/2009/03/31/toxic-omnibus-anti-energy-anti
If you read the enabling legislation, it states that all vertebrate fossils found on public lands are now the property of the government.
Even the little cute sharks teeth that your daughter Sally found on the beach.
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