[Pages H10982-H11040]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

CONFERENCE REPORT ON H.R. 1296, OMNIBUS PARKS AND PUBLIC LANDS
MANAGEMENT ACT OF 1996

Mr. HAYWORTH (during the special order of the gentleman from Indiana,
Mr. Burton) submitted the following conference report and statement on
the bill (H.R. 1296) to provide for the administration of certain
Presidio properties at minimal cost to the Federal taxpayer:

Conference Report (H. Rept. 104-836)

The committee of conference on the disagreeing votes of the
two Houses on the amendment of the Senate to the bill (H.R.
1296), to provide for the administration of certain Presidio
properties at minimal cost to the Federal taxpayer, having
met, after full and free conference, have agreed to recommend
and do recommend to their respective Houses as follows:
That the House recede from its disagreement to the
amendment of the Senate and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate
amendment, insert the following:

SEC. 1. TABLE OF CONTENTS.

TITLE I--THE PRESIDIO OF SAN FRANCISCO

Sec. 101. Findings.
Sec. 102. Authority and responsibility of the Secretary of the
Interior.
Sec. 103. Establishment of the Presidio Trust.
Sec. 104. Duties and authorities of the Trust.
Sec. 105. Limitations on funding.
Sec. 106. General Accounting Office study.

TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES

Sec. 201. Yucca House National Monument boundary adjustment.
Sec. 202. Zion National Park boundary adjustment.
Sec. 203. Pictured Rocks National Lakeshore boundary adjustment.
Sec. 204. Independence National Historical Park boundary adjustment.
Sec. 205. Craters of the Moon National Monument boundary adjustment.
Sec. 206. Hagerman Fossil Beds National Monument boundary adjustment.
Sec. 207. Wupatki National Monument boundary adjustment.
Sec. 208. Walnut Canyon National Monument boundary modification.
Sec. 209. Butte County, California land conveyance.
Sec. 210. Taos Pueblo land transfer.
Sec. 211. Colonial National Historical Park.
Sec. 212. Cuprum, Idaho relief.
Sec. 213. Conveyance of certain property to the State of Wyoming.
Sec. 214. Relinquishment of interest.
Sec. 215. Modoc National Forest.
Sec. 216. Conveyance to City of Sumpter, Oregon.
Sec. 217. Cumberland Gap National Historical Park.
Sec. 218. Shenandoah National Park.
Sec. 219. Tulare conveyance.
Sec. 220. Alpine School District.
Sec. 221. Merced Irrigation District land exchange.
Sec. 222. Father Aull site transfer.
Sec. 223. Coastal Barrier Resources System.
Sec. 224. Conveyance to Del Norte County Unified School District.

TITLE III--EXCHANGES

Sec. 301. Targhee National Forest land exchange.
Sec. 302. Anaktuvuk Pass land exchange.
Sec. 303. Alaska Peninsula subsurface consolidation.
Sec. 304. Snowbasin Land Exchange Act.
Sec. 305. Arkansas and Oklahoma land exchange.
Sec. 306. Big Thicket National Preserve.
Sec. 307. Lost Creek land exchange.
Sec. 308. Cleveland National Forest land exchange.

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Sec. 309. Sand Hollow land exchange.
Sec. 310. Bureau of Land Management authorization for fiscal years 1997
through 2002.
Sec. 311. Land exchange with City of Greeley, Colorado, and the Water
Supply and Storage Company.
Sec. 312. Gates of the Artic National Park and Preserve Land Exchange
and Boundary Adjustment.
Sec. 313. Kenai Natives Association land exchange.

TITLE IV--RIVERS AND TRAILS

Sec. 401. Cache la Poudre corridor.
Sec. 402. Rio Puerco watershed.
Sec. 403. Old Spanish Trail.
Sec. 404. Great Western Scenic Trail.
Sec. 405. RS 2477.
Sec. 406. Hanford Reach Preservation.
Sec. 407. Lamprey Wild and Scenic River.
Sec. 408. West Virginia National Rivers Amendments of 1996.
Sec. 409. Technical amendment to the Wild and Scenic Rivers Act.
Sec. 410. Protection of North St. Vrain Creek, Colorado.

TITLE V--HISTORIC AREAS AND CIVIL RIGHTS

Sec. 501. The Selma to Montgomery National Historic Trail.
Sec. 502. Vancouver National Historic Reserve.
Sec. 503. Extension of Kaloko-Honokohau Advisory Commission.
Sec. 504. Amendment to Boston National Historic Park Act.
Sec. 505. Women's Rights National Historical Park.
Sec. 506. Black Patriots Memorial Extension.
Sec. 507. Historically black colleges and universities historic
building restoration and preservation.
Sec. 508. Memorial to Martin Luther King, Jr.
Sec. 509. Advisory Council on Historic Preservation reauthorization.
Sec. 510. Great Falls Historic District, New Jersey.
Sec. 511. New Bedford National Historic Landmark District.
Sec. 512. Nicodemus National Historic Site.
Sec. 513. Unalaska.
Sec. 514. Japanese American Patriotism Memorial.
Sec. 515. Manzanar National Historic Site.
Sec. 516. Recognition and designation of the AIDS Memorial Grove as
national memorial.

TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES

Sec. 601. United States Civil War Center.
Sec. 602. Corinth, Mississippi, Battlefield Act.
Sec. 603. Richmond National Battlefield Park.
Sec. 604. Revolutionary War and War of 1812 Historic Preservation
Study.
Sec. 605. American battlefield protection program.
Sec. 606. Chickamauga and Chattanooga National Military Parks.
Sec. 607. Shenandoah Valley battlefields.

TITLE VII--FEES

Sec. 701. Ski area permit rental charge.
Sec. 702. Delaware water gap.
Sec. 703. Visitor services.
Sec. 704. Glacier Bay National Park.

TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS

Sec. 801. Limitation on park buildings.
Sec. 802. Appropriations for transportation of children.
Sec. 803. Feral burros and horses.
Sec. 804. Authorities of the Secretary of the Interior relating to
museums.
Sec. 805. Volunteers in parks increase.
Sec. 806. Katmai National Park Agreements.
Sec. 807. Carl Garner Federal Lands Cleanup Day.
Sec. 808. Fort Pulaski National Monument, Georgia.
Sec. 809. Laura C. Hudson Visitor Center.
Sec. 810. Robert J. Lagomarsino Visitor Center.
Sec. 811. Expenditure of funds outside authorized boundary of Rocky
Mountain National Park.
Sec. 812. Dayton aviation.
Sec. 813. Prohibition on certain transfers of national forest lands.
Sec. 814. Grand Lake Cemetery.
Sec. 815. National Park Service administrative reform.
Sec. 816. Mineral King addition permits.
Sec. 817. William B. Smullin Visitor Center.
Sec. 818. Calumet Ecological Park.
Sec. 819. Acquisition of certain property on Santa Cruz Island.

TITLE IX--HERITAGE AREAS

Sec. 901. Blackstone River Valley National Heritage Corridor.
Sec. 902. Illinois and Michigan Canal National Heritage Corridor.

TITLE X--MISCELLANEOUS

Subtitle A--Tallgrass Prairie National Preserve

Sec. 1001. Short title.
Sec. 1002. Findings and purposes.
Sec. 1003. Definitions.
Sec. 1004. Establishment of Tallgrass Prairie National Preserve.
Sec. 1005. Administration of National Preserve.
Sec. 1006. Limited authority to acquire.
Sec. 1007. Advisory Committee.
Sec. 1008. Restriction on authority.
Sec. 1009. Authorization of appropriations.

Subtitle B--Sterling Forest

Sec. 1011. Palisades Interstate Park Commission.

Subtitle C--Additional Provisions

Sec. 1021. Black Canyon of the Gunnison National Park complex.
Sec. 1022. National Park Foundation.
Sec. 1023. Recreation lakes.
Sec. 1024. Bisti/De-Na-Zin Wilderness expansion and fossil forest
protection.
Sec. 1025. Opal Creek Wilderness and Scenic Recreation Area.
Sec. 1026. Upper Klamath Basin ecological restoration projects.
Sec. 1027. Deschutes Basin ecosystem restoration projects.
Sec. 1028. Mount Hood Corridor land exchange.
Sec. 1029. Creation of the Coquille Forest.
Sec. 1030. Bull Run protection.
Sec. 1031. Oregon Islands Wilderness, additions.
Sec. 1032. Umpqua River land exchange study: policy and direction.
Sec. 1033. Boston Harbor Islands Recreation Area.
Sec. 1034. Natchez National Historical Park.
TITLE I--THE PRESIDIO OF SAN FRANCISCO

SEC. 101. FINDINGS.

The Congress finds that--
(1) the Presidio, located amidst the incomparable scenic
splendor of the Golden Gate, is one of America's great
natural and historic sites;
(2) the Presidio is the oldest continuously operated
military post in the Nation dating from 1776, and was
designated a National Historic Landmark in 1962;
(3) preservation of the cultural and historic integrity of
the Presidio for public use recognizes its significant role
in the history of the United States;
(4) the Presidio, in its entirety, is a part of the Golden
Gate National Recreation Area, in accordance with Public Law
92-589;
(5) as part of the Golden Gate National Recreation Area,
the Presidio's significant natural, historic, scenic,
cultural, and recreational resources must be managed in a
manner which is consistent with sound principles of land use
planning and management, and which protects the Presidio from
development and uses which would destroy the scenic beauty
and historic and natural character of the area and cultural
and recreational resources;
(6) removal and/or replacement of some structures within
the Presidio must be considered as a management option in the
administration of the Presidio; and
(7) the Presidio will be managed through an innovative
public/private partnership that minimizes cost to the United
States Treasury and makes efficient use of private sector
resources.

SEC. 102. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
THE INTERIOR.

(a) Interim Authority.--The Secretary of the Interior
(hereinafter in this title referred to as the ``Secretary'')
is authorized to manage leases in existence on the date of
this Act for properties under the administrative jurisdiction
of the Secretary and located at the Presidio. Upon the
expiration of any such lease, the Secretary may extend such
lease for a period terminating not later than 6 months after
the first meeting of the Presidio Trust. The Secretary may
not enter into any new leases for property at the Presidio to
be transferred to the Presidio Trust under this title,
however, the Secretary is authorized to enter into agreements
for use and occupancy of the Presidio properties which are
assignable to the Trust and are terminable with 30 days
notice. Prior to the transfer of administrative jurisdiction
over any property to the Presidio Trust, and notwithstanding
section 1341 of title 31 of the United States Code, the
proceeds from any such lease shall be retained by the
Secretary and such proceeds shall be available, without
further appropriation, for the preservation, restoration,
operation and maintenance, improvement, repair and related
expenses incurred with respect to Presidio properties. The
Secretary may adjust the rental charge on any such lease for
any amounts to be expended by the lessee for preservation,
maintenance, restoration, improvement, repair and related
expenses with respect to properties and infrastructure within
the Presidio.
(b) Public Information and Interpretation.--The Secretary
shall be responsible, in cooperation with the Presidio Trust,
for providing public interpretive services, visitor
orientation and educational programs on all lands within the
Presidio.
(c) Other.--Those lands and facilities within the Presidio
that are not transferred to the administrative jurisdiction
of the Presidio Trust shall continue to be managed by the
Secretary. The Secretary and the Presidio Trust shall
cooperate to ensure adequate public access to all portions of
the Presidio. Any infrastructure and building improvement
projects that were funded prior to the enactment of this Act
shall be completed by the National Park Service.
(d) Park Service Employees.--(1) Any career employee of the
National Park Service, employed at the Presidio at the time
of the transfer of lands and facilities to the Presidio
Trust, shall not be separated from the Service by reason of
such transfer, unless such employee is employed by the Trust,
other than on detail. Notwithstanding section 3503 of title
5, United States Code, the Trust shall have sole discretion
over whether to hire any such employee or request a detail of
such employee.
(2) Any career employee of the National Park Service
employed at the Presidio on the date of enactment of this
title shall be given priority placement for any available
position within the National Park System notwithstanding any
priority reemployment lists, directives, rules, regulations
or other orders from the Department of the Interior, the
Office of Management and Budget, or other Federal agencies.

SEC. 103. ESTABLISHMENT OF THE PRESIDIO TRUST.

(a) Establishment.--There is established a wholly owned
government corporation to be known as the Presidio Trust
(hereinafter in this title referred to as the ``Trust'').

[[Page H10984]]

(b) Transfer.--(1) Within 60 days after receipt of a
request from the Trust for the transfer of any parcel within
the area depicted as Area B on the map entitled ``Presidio
Trust Number 1'', dated December 7, 1995, the Secretary shall
transfer such parcel to the administrative jurisdiction of
the Trust. Within 1 year after the first meeting of the Board
of Directors of the Trust, the Secretary shall transfer to
the Trust administrative jurisdiction over all remaining
parcels within Area B. Such map shall be on file and
available for public inspection in the offices of the Trust
and in the offices of the National Park Service, Department
of the Interior. The Trust and the Secretary may jointly make
technical and clerical revisions in the boundary depicted on
such map. The Secretary shall retain jurisdiction over those
portions of the building identified as number 102 as the
Secretary deems essential for use as a visitor center. The
Building shall be named the ``William Penn Mott Visitor
Center''. Any parcel of land, the jurisdiction over which is
transferred pursuant to this subsection, shall remain within
the boundary of the Golden Gate National Recreation Area.
With the consent of the Secretary, the Trust may at any time
transfer to the administrative jurisdiction of the Secretary
any other properties within the Presidio which are surplus to
the needs of the Trust and which serve essential purposes of
the Golden Gate National Recreation Area. The Trust is
encouraged to transfer to the administrative jurisdiction of
the Secretary open space areas which have high public use
potential and are contiguous to other lands administrated by
the Secretary.
(2) Within 60 days after the first meeting of the Board of
Directors of the Trust, the Trust and the Secretary shall
determine cooperatively which records, equipment, and other
personal property are deemed to be necessary for the
immediate administration of the properties to be transferred,
and the Secretary shall immediately transfer such personal
property to the Trust. Within 1 year after the first meeting
of the Board of Directors of the Trust, the Trust and the
Secretary shall determine cooperatively what, if any,
additional records, equipment, and other personal property
used by the Secretary in the administration of the properties
to be transferred should be transferred to the Trust.
(3) The Secretary shall transfer, with the transfer of
administrative jurisdiction over any property, the
unobligated balance of all funds appropriated to the
Secretary, all leases, concessions, licenses, permits, and
other agreements affecting such property.
(4) At the request of the Trust, the Secretary shall
provide funds to the Trust for preparation of the program
required under section 104(c) of this title, hiring of
initial staff and other activities deemed by the Trust as
essential to the establishment of the Trust prior to the
transfer of properties to the Trust.
(c) Board of Directors.--
(1) In general.--The powers and management of the Trust
shall be vested in a Board of Directors (hereinafter referred
to as the ``Board'') consisting of the following 7 members:
(A) The Secretary of the Interior or the Secretary's
designee.
(B) 6 individuals, who are not employees of the Federal
Government, appointed by the President, who shall possess
extensive knowledge and experience in one or more of the
fields of city planning, finance, real estate development,
and resource conservation. At least one of these individuals
shall be a veteran of the Armed Services. At least 3 of these
individuals shall reside in the San Francisco Bay Area. The
President shall make the appointments referred to in this
subparagraph within 90 days after the enactment of this Act
and shall ensure that the fields of city planning, finance,
real estate development, and resource conservation are
adequately represented. Upon establishment of the Trust, the
Chairman of the Board of Directors of the Trust shall meet
with the Chairman of the Energy and Natural Resources
Committee of the United States Senate and the Chairman of the
Resources Committee of the United States House of
Representatives.
(2) Terms.--Members of the Board appointed under paragraph
(1)(B) shall each serve for a term of 4 years, except that of
the members first appointed, 3 shall serve for a term of 2
years. Any vacancy in the Board shall be filled in the same
manner in which the original appointment was made, and any
member appointed to fill a vacancy shall serve for the
remainder of the term for which his or her predecessor was
appointed. No appointed member may serve more than 8 years in
consecutive terms.
(3) Quorum.--Four members of the Board shall constitute a
quorum for the conduct of business by the Board.
(4) Organization and compensation.--The Board shall
organize itself in such a manner as it deems most appropriate
to effectively carry out the authorized activities of the
Trust. Board members shall serve without pay, but may be
reimbursed for the actual and necessary travel and
subsistence expenses incurred by them in the performance of
the duties of the Trust.
(5) Liability of directors.--Members of the Board of
Directors shall not be considered Federal employees by virtue
of their membership on the Board, except for purposes of the
Federal Tort Claims Act and the Ethics in Government Act, and
the provisions of chapter 11 of title 18, United States Code.
(6) Meetings.--The Board shall meet at least three times
per year in San Francisco and at least two of those meetings
shall be open to the public. Upon a majority vote, the Board
may close any other meetings to the public. The Board shall
establish procedures for providing public information and
opportunities for public comment regarding policy, planning,
and design issues. The Board may establish procedures for
providing public information and opportunities for public
comment regarding policy, planning, and design issues through
the Golden Gate National Recreation Area Advisory Commission.
(7) Staff.--The Trust is authorized to appoint and fix the
compensation and duties of an executive director and such
other officers and employees as it deems necessary without
regard to the provisions of title 5, United States Code,
governing appointments in the competitive service, and may
pay them without regard to the provisions of chapter 51, and
subchapter III of chapter 53, title 5, United States Code,
relating to classification and General Schedule pay rates.
(8) Necessary powers.--The Trust shall have all necessary
and proper powers for the exercise of the authorities vested
in it.
(9) Taxes.--The Trust and all properties administered by
the Trust shall be exempt from all taxes and special
assessments of every kind by the State of California, and its
political subdivisions, including the City and County of San
Francisco.
(10) Government corporation.--(A) The Trust shall be
treated as a wholly owned Government corporation subject to
chapter 91 of title 31, United States Code (commonly referred
to as the Government Corporation Control Act). Financial
statements of the Trust shall be audited annually in
accordance with section 9105 of title 31 of the United States
Code.
(B) At the end of each calendar year, the Trust shall
submit to the Committee on Energy and Natural Resources of
the United States Senate and the Committee on Resources of
the House of Representatives a comprehensive and detailed
report of its operations, activities, and accomplishments for
the prior fiscal year. The report also shall include a
section that describes in general terms the Trust's goals for
the current fiscal year.

SEC. 104. DUTIES AND AUTHORITIES OF THE TRUST.

(a) Overall Requirements of the Trust.--The Trust shall
manage the leasing, maintenance, rehabilitation, repair and
improvement of property within the Presidio under its
administrative jurisdiction using the authorities provided in
this section, which shall be exercised in accordance with the
purposes set forth in section 1 of the Act entitled ``An Act
to establish the Golden Gate National Recreation Area in the
State of California, and for other purposes'', approved
October 27, 1972 (Public Law 92-589; 86 Stat. 1299; 16 U.S.C.
460bb), and in accordance with the general objectives of the
General Management Plan (hereinafter referred to as the
``management plan'') approved for the Presidio.
(b) Authorities.--The Trust may participate in the
development of programs and activities at the properties
transferred to the Trust, except that the Trust shall have
the authority to negotiate and enter into such agreements,
leases, contracts and other arrangements with any person,
firm, association, organization, corporation or governmental
entity, including, without limitation, entities of Federal,
State and local governments as are necessary and appropriate
to carry out its authorized activities. Any such agreement
may be entered into without regard to section 321 of the Act
of June 30, 1932 (40 U.S.C. 303b). The Trust shall establish
procedures for lease agreements and other agreements for use
and occupancy of Presidio facilities, including a requirement
that in entering into such agreements the Trust shall obtain
reasonable competition. The Trust may not dispose of or
convey fee title to any real property transferred to it under
this title. Federal laws and regulations governing
procurement by Federal agencies shall not apply to the Trust,
with the exception of laws and regulations related to Federal
government contracts governing working conditions and wage
rates, including the provisions of sections 276a-276a-6 of
title 40, United States Code (Davis-Bacon Act), and any civil
rights provisions otherwise applicable thereto. The Trust, in
consultation with the Administrator of Federal Procurement
Policy, shall establish and promulgate procedures applicable
to the Trust's procurement of goods and services including,
but not limited to, the award of contracts on the basis of
contractor qualifications, price, commercially reasonable
buying practices, and reasonable competition.
(c) Management Program.--The Trust shall develop a
comprehensive program for management of those lands and
facilities within the Presidio which are transferred to the
administrative jurisdiction of the Trust. Such program shall
be designed to reduce expenditures by the National Park
Service and increase revenues to the Federal Government to
the maximum extent possible. In carrying out this program,
the Trust shall be treated as a successor in interest to the
National Park Service with respect to compliance with the
National Environmental Policy Act and other environmental
compliance statutes. Such program shall consist of--
(1) demolition of structures which in the opinion of the
Trust, cannot be cost-effectively rehabilitated, and which
are identified in the management plan for demolition,
(2) evaluation for possible demolition or replacement those
buildings identified as categories 2 through 5 in the
Presidio of San Francisco Historic Landmark District Historic
American Buildings Survey Report, dated 1985,
(3) new construction limited to replacement of existing
structures of similar size in existing areas of development,
and
(4) examination of a full range of reasonable options for
carrying out routine administrative and facility management
programs.
The Trust shall consult with the Secretary in the preparation
of this program.
(d) Financial Authorities.--To augment or encourage the use
of non-Federal funds to finance capital improvements on
Presidio properties transferred to its jurisdiction, the
Trust, in addition to its other authorities, shall have the
following authorities subject to the Federal Credit Reform
Act of 1990 (2 U.S.C. 661 et seq.):

[[Page H10985]]

(1) The authority to guarantee any lender against loss of
principal or interest on any loan: Provided, That--
(A) the terms of the guarantee are approved by the
Secretary of the Treasury;
(B) adequate subsidy budget authority is provided in
advance in appropriations Acts; and
(C) such guarantees are structured so as to minimize
potential cost to the Federal Government. No loan guarantee
under this title shall cover more than 75 percent of the
unpaid balance of the loan. The Trust may collect a fee
sufficient to cover its costs in connection with each loan
guaranteed under this title. The authority to enter into any
such loan guarantee agreement shall expire at the end of 15
years after the date of enactment of this title.
(2) The authority, subject to appropriations, to make loans
to the occupants of property managed by the Trust for the
preservation, restoration, maintenance, or repair of such
property.
(3) The authority to issue obligations to the Secretary of
the Treasury, but only if the Secretary of the Treasury
agrees to purchase such obligations after determining that
the projects to be funded from the proceeds thereof are
credit worthy and that a repayment schedule is established
and only to the extent authorized in advance in
appropriations acts. The Secretary of the Treasury is
authorized to use as a public debt transaction the proceeds
from the sale of any securities issued under chapter 31 of
title 31, United States Code, and the purposes for which
securities may be issued under such chapter are extended to
include any purchase of such notes or obligations acquired by
the Secretary of the Treasury under this subsection.
Obligations issued under this subparagraph shall be in such
forms and denominations, bearing such maturities, and subject
to such terms and conditions, as may be prescribed by the
Secretary of the Treasury, and shall bear interest at a rate
determined by the Secretary of the Treasury, taking into
consideration current market yields on outstanding marketable
obligations of the United States of comparable maturities. No
funds appropriated to the Trust may be used for repayment of
principal or interest on, or redemption of, obligations
issued under this paragraph.
(4) The aggregate amount of obligations issued under this
subsection which are outstanding at any one time may not
exceed $50,000,000.
(e) Donations.--The Trust may solicit and accept donations
of funds, property, supplies, or services from individuals,
foundations, corporations, and other private or public
entities for the purpose of carrying out its duties. The
Trust is encouraged to maintain a liaison with the Golden
Gate National Park Association.
(f) Public Agency.--The Trust shall be deemed to be a
public agency for purposes of entering into joint exercise of
powers agreements pursuant to California government code
section 6500 and related provisions of that Code.
(g) Proceeds.--Notwithstanding section 1341 of title 31 of
the United States Code, all proceeds received by the Trust
shall be retained by the Trust, and such proceeds shall be
available, without further appropriation, for the
administration, preservation, restoration, operation and
maintenance, improvement, repair and related expenses
incurred with respect to Presidio properties under its
administrative jurisdiction. The Secretary of the Treasury
shall invest excess moneys of the Trust in public debt
securities which shall bear interest at rates determined by
the Secretary of the Treasury taking into consideration the
current average market yield on outstanding marketable
obligations of the United Stats of comparable maturity.
(h) Suits.--The Trust may sue and be sued in its own name
to the same extent as the Federal Government. Litigation
arising out of the activities of the Trust shall be conducted
by the Attorney General; except that the Trust may retain
private attorneys to provide advice and counsel. The District
Court for the Northern District of California shall have
exclusive jurisdiction over any suit filed against the Trust.
(i) Memorandum of Agreement.--The Trust shall enter into a
Memorandum of Agreement with the Secretary, acting through
the Chief of the United States Park Police, for the conduct
of law enforcement activities and services within those
portions of the Presidio transferred to the administrative
jurisdiction of the Trust.
(j) Bylaws, Rules, and Regulations.--The Trust may adopt,
amend, repeal, and enforce bylaws, rules and regulations
governing the manner in which its business may be conducted
and the powers vested in it may be exercised. The Trust is
authorized, in consultation with the Secretary, to adopt and
to enforce those rules and regulations that are applicable to
the Golden Gate National Recreation Area and that may be
necessary and appropriate to carry out its duties and
responsibilities under this title. The Trust shall give
notice of the adoption of such rules and regulations by
publication in the Federal Register.
(k) Direct Negotiations.--For the purpose of compliance
with applicable laws and regulations concerning properties
transferred to the Trust by the Secretary, the Trust shall
negotiate directly with regulatory authorities.
(l) Insurance.--The Trust shall require that all
leaseholders and contractors procure proper insurance against
any loss in connection with properties under lease or
contract, or the authorized activities granted in such lease
or contract, as is reasonable and customary.
(m) Building Code Compliance.--The Trust shall bring all
properties under its administrative jurisdiction into
compliance with Federal building codes and regulations
appropriate to use and occupancy within 10 years after the
enactment of this title to the extent practicable.
(n) Leasing.--In managing and leasing the properties
transferred to it, the Trust shall consider the extent to
which prospective tenants contribute to the implementation of
the General Management Plan for the Presidio and to the
reduction of cost to the Federal Government. The Trust shall
give priority to the following categories of tenants: Tenants
that enhance the financial viability of the Presidio and
tenants that facilitate the cost-effective preservation of
historic buildings through their reuse of such buildings.
(o) Reversion.--If, at the expiration of 15 years, the
Trust has not accomplished the goals and objectives of the
plan required in section 105(b) of this title, then all
property under the administrative jurisdiction of the Trust
pursuant to section 103(b) of this title shall be transferred
to the Administrator of the General Services Administration
to be disposed of in accordance with the procedures outlined
in the Defense Authorization Act of 1990 (104 Stat. 1809),
and any real property so transferred shall be deleted from
the boundary of the Golden Gate National Recreation Area. In
the event of such transfer, the terms and conditions of all
agreements and loans regarding such lands and facilities
entered into by the Trust shall be binding on any successor
in interest.

SEC. 105. LIMITATIONS ON FUNDING.

(a)(1) From amounts made available to the Secretary for the
operation of areas within the Golden Gate National Recreation
Area, not more than $25,000,000 shall be available to carry
out this title in each fiscal year after the enactment of
this title until the plan is submitted under subsection (b).
Such sums shall remain available until expended.
(2) After the plan required in subsection (b) is submitted,
and for each of the 14 fiscal years thereafter, there are
authorized to be appropriated to the Trust not more than the
amounts specified in such plan. Such sums shall remain
available until expended. Of such sums, not more than
$3,000,000 annually shall be available through the Trust for
law enforcement activities and services to be provided by the
United States Park Police at the Presidio in accordance with
section 104(h) of this title.
(b) Within 1 year after the first meeting of the Board of
Directors of the Trust, the Trust shall submit to Congress a
plan which includes a schedule of annual decreasing federally
appropriated funding that will achieve, at a minimum, self-
sufficiency for the Trust within 15 complete fiscal years
after such meeting of the Trust. No further funds shall be
authorized for the Trust 15 years after the first meeting of
the Board of Directors of the Trust.
(c) The Administrator of the General Services
Administration shall provide necessary assistance, including
detailees as necessary, to the Trust in the formulation and
submission of the annual budget request for the
administration, operation, and maintenance of the Presidio.

SEC. 106. GENERAL ACCOUNTING OFFICE STUDY.

(a) Three years after the first meeting of the Board of
Directors of the Trust, the General Accounting Office shall
conduct an interim study of the activities of the Trust and
shall report the results of the study to the Committee on
Energy and Natural Resources and the Committee on
Appropriations of the United States Senate, and the Committee
on Resources and Committee on Appropriations of the House of
Representatives. The study shall include, but shall not be
limited to, details of how the Trust is meeting its
obligations under this title.
(b) In consultation with the Trust, the General Accounting
Office shall develop an interim schedule and plan to reduce
and replace the Federal appropriations to the extent
practicable for interpretive services conducted by the
National Park Service, and law enforcement activities and
services, fire and public safety programs conducted by the
Trust.
(c) Seven years after the first meeting of the Board of
Directors of the Trust, the General Accounting Office shall
conduct a comprehensive study of the activities of the Trust,
including the Trust's progress in meeting its obligations
under this title, taking into consideration the results of
the study described in subsection (a) and the implementation
of plan and schedule required in subsection (b). The General
Accounting Office shall report the results of the study,
including any adjustments to the plan and schedule, to the
Committee on Energy and Natural Resources and the Committee
on Appropriations of the United States Senate, and the
Committee on Resources and Committee on Appropriations of the
House of Representatives.
TITLE II--BOUNDARY ADJUSTMENTS AND CONVEYANCES

SEC. 201. YUCCA HOUSE NATIONAL MONUMENT BOUNDARY ADJUSTMENT.

(a) In General.--The boundaries of Yucca House National
Monument are revised to include the approximately 24.27 acres
of land generally depicted on the map entitled ``Boundary--
Yucca House National Monument, Colorado'', numbered 318/
80,001-B, and dated February 1990.
(b) Map.--The map referred to in subsection (a) shall be on
file and available for public inspection in appropriate
offices of the National Park Service of the Department of the
Interior.
(c) Acquisition.--
(1) In general.--Within the lands described in subsection
(a), the Secretary of the Interior may acquire lands and
interests in lands by donation.
(2) The Secretary of the Interior may pay administrative
costs arising out of any donation described in paragraph (1)
with appropriated funds.

SEC. 202. ZION NATIONAL PARK BOUNDARY ADJUSTMENT.

(a) Acquisition and Boundary Change.--The Secretary of the
Interior is authorized to acquire by exchange approximately
5.48 acres located in the SW \1/4\ of Section 28, Township 41
South, Range 10 West, Salt Lake Base and Meridian. In
exchange therefor the Secretary is authorized to convey all
right, title, and interest of the United States in and to
approximately 5.51

[[Page H10986]]

acres in Lot 2 of Section 5, Township 41 South, Range 11
West, both parcels of land being in Washington County, Utah.
Upon completion of such exchange, the Secretary is authorized
to revise the boundary of Zion National Park to add the 5.48
acres in section 28 to the park and to exclude the 5.51 acres
in section 5 from the park. Land added to the park shall be
administered as part of the park in accordance with the laws
and regulations applicable thereto.
(b) Expiration.--The authority granted by this section
shall expire 2 years after the date of the enactment of this
Act.

SEC. 203. PICTURED ROCKS NATIONAL LAKESHORE BOUNDARY
ADJUSTMENT.

The boundary of Pictured Rocks National Lakeshore is hereby
modified as depicted on the map entitled ``Area Proposed for
Addition to Pictured Rocks National Lakeshore'', numbered
625-80,043A, and dated July 1992.

SEC. 204. INDEPENDENCE NATIONAL HISTORICAL PARK BOUNDARY
ADJUSTMENT.

The administrative boundary between Independence National
Historical Park and the United States Customs House along the
Moravian Street Walkway in Philadelphia, Pennsylvania, is
hereby modified as generally depicted on the drawing entitled
``Exhibit 1, Independence National Historical Park, Boundary
Adjustment'', and dated May 1987, which shall be on file and
available for public inspection in the Office of the National
Park Service, Department of the Interior. The Secretary of
the Interior is authorized to accept and transfer
jurisdiction over property in accord with such administrative
boundary, as modified by this section.

SEC. 205. CRATERS OF THE MOON NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.

(a) Boundary Revision.--The boundary of Craters of the Moon
National Monument, Idaho, is revised to add approximately 210
acres and to delete approximately 315 acres as generally
depicted on the map entitled ``Craters of the Moon National
Monument, Idaho, Proposed 1987 Boundary Adjustment'',
numbered 131-80,008, and dated October 1987, which map shall
be on file and available for public inspection in the office
of the National Park Service, Department of the Interior.
(b) Administration and Acquisition.--Federal lands and
interests therein deleted from the boundary of the national
monument by this section shall be administered by the
Secretary of the Interior through the Bureau of Land
Management in accordance with the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1701 et seq.), and Federal
lands and interests therein added to the national monument by
this section shall be administered by the Secretary as part
of the national monument, subject to the laws and regulations
applicable thereto. The Secretary is authorized to acquire
private lands and interests therein within the boundary of
the national monument by donation, purchase with donated or
appropriated funds, or exchange, and when acquired they shall
be administered by the Secretary as part of the national
monument, subject to the laws and regulations applicable
thereto.

SEC. 206. HAGERMAN FOSSIL BEDS NATIONAL MONUMENT BOUNDARY
ADJUSTMENT.

Section 302 of the Arizona-Idaho Conservation Act of 1988
(102 Stat. 4576) is amended by adding the following new
subsection after subsection (c):
``(d) To further the purposes of the monument, the
Secretary is also authorized to acquire from willing sellers
only, by donation, purchase with donated or appropriated
funds, or exchange not to exceed 65 acres outside the
boundary depicted on the map referred to in section 301 and
develop and operate thereon research, information,
interpretive, and administrative facilities. Lands acquired
and facilities developed pursuant to this subsection shall be
administered by the Secretary as part of the monument. The
boundary of the monument shall be modified to include the
lands added under this subsection as a noncontiguous
parcel.''.

SEC. 207. WUPATKI NATIONAL MONUMENT BOUNDARY ADJUSTMENT.

The boundaries of the Wupatki National Monument, Arizona,
are hereby revised to include the lands and interests in
lands within the area generally depicted as ``Proposed
Addition 168.89 Acres'' on the map entitled ``Boundary--
Wupatki and Sunset Crater National Monuments, Arizona'',
numbered 322-80,021, and dated April 1989. The map shall be
on file and available for public inspection in the Office of
the National Park Service, Department of the Interior.
Subject to valid existing rights, Federal lands and interests
therein within the area added to the monument by this section
are hereby transferred without monetary consideration or
reimbursement to the administrative jurisdiction of the
National Park Service, to be administered as part of the
monument in accordance with the laws and regulations
applicable thereto.

SEC. 208. WALNUT CANYON NATIONAL MONUMENT BOUNDARY
MODIFICATION.

(a) Purpose.--The purpose of this section is to modify the
boundaries of the Walnut Canyon National Monument (hereafter
in this section referred to as the ``national monument'') to
improve management of the national monument and associated
resources.
(b) Boundary Modification.--Effective on the date of
enactment of this Act, the boundaries of the national
monument shall be modified as depicted on the map entitled
``Boundary Proposal--Walnut Canyon National Monument,
Coconino County, Arizona'', numbered 360/80,010, and dated
September 1994. Such map shall be on file and available for
public inspection in the offices of the Director of the
National Park Service, Department of the Interior. The
Secretary of the Interior, in consultation with the Secretary
of Agriculture, is authorized to make technical and clerical
corrections to such map.
(c) Acquisition and Transfer of Property.--The Secretary of
the Interior is authorized to acquire lands and interest in
lands within the national monument, by donation, purchase
with donated or appropriated funds, or exchange. Federal
property within the boundaries of the national monument (as
modified by this section) is hereby transferred to the
administrative jurisdiction of the Secretary of the Interior
for management as part of the national monument. Federal
property excluded from the monument pursuant to the boundary
modification under subsection (b) is hereby transferred to
the administrative jurisdiction of the Secretary of
Agriculture to be managed as a part of the Coconino National
Forest.
(d) Administration.--The Secretary of the Interior, acting
through the Director of the National Park Service, shall
manage the national monument in accordance with this title
and the provisions of law generally applicable to units of
the National Park Service, including ``An Act to establish a
National Park Service, and for other purposes'' approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2-4).
(e) Authorization of Appropriations.--There are hereby
authorized to be appropriated such sums as may be necessary
to carry out this section.

SEC. 209. BUTTE COUNTY, CALIFORNIA LAND CONVEYANCE.

(a) Purpose.--It is the purpose of this section to
authorize and direct the Secretary of Agriculture to convey,
without consideration, certain lands in Butte County,
California, to persons claiming to have been deprived of
title to such lands.
(b) Definitions.--For the purpose of this section:
(1) The term ``affected lands'' means those Federal lands
located in the Plumas National Forest in Butte County,
California, in sections 11, 12, 13, and 14, township 21
north, range 5 East, Mount Diablo Meridian, as described by
the dependent resurvey by the Bureau of Land Management
conducted in 1992, and subsequent Forest Service land line
location surveys, including all adjoining parcels where the
property line as identified by the 1992 BLM dependent
resurvey and National Forest boundary lines before such
dependent resurvey are not coincident.
(2) The term ``claimant'' means an owner of real property
in Butte County, California, whose real property adjoins
Plumas National Forest lands described in paragraph (1), who
claims to have been deprived by the United States of title to
property as a result of previous erroneous surveys.
(3) The term ``Secretary'' means the Secretary of
Agriculture.
(c) Conveyance of Lands.--Notwithstanding any other
provision of law, the Secretary is authorized and directed to
convey, without consideration, all right, title, and interest
of the United States in and to affected lands as described in
subsection (b)(1), to any claimant or claimants, upon proper
application from such claimant or claimants, as provided in
subsection (d).
(d) Notification.--Not later than 2 years after the date of
enactment of this Act, claimants shall notify the Secretary,
through the Forest Supervisor of the Plumas National Forest,
in writing of their claim to affected lands. Such claim shall
be accompanied by--
(1) a description of the affected lands claimed;
(2) information relating to the claim of ownership of such
lands; and
(3) such other information as the Secretary may require.
(e) Issuance of Deed.--(1) Upon a determination by the
Secretary that issuance of a deed for affected lands is
consistent with the purpose and requirements of this section,
the Secretary shall issue a quit claim deed to such claimant
for the parcel to be conveyed.
(2) Prior to the issuance of any such deed as provided in
paragraph (1), the Secretary shall ensure that--
(A) the parcel or parcels to be conveyed have been surveyed
in accordance with the Memorandum of Understanding between
the Forest Service and the Bureau of Land Management, dated
November 11, 1989;
(B) all new property lines established by such surveys have
been monumented and marked; and
(C) all terms and conditions necessary to protect third
party and Government Rights-of-Way or other interests are
included in the deed.
(3) The Federal Government shall be responsible for all
surveys and property line markings necessary to implement
this subsection.
(f) Notification to BLM.--The Secretary shall submit to the
Secretary of the Interior an authenticated copy of each deed
issued pursuant to this section no later than 30 days after
the date such deed is issued.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as necessary to carry out the
purposes of this section.

SEC. 210. TAOS PUEBLO LAND TRANSFER.

(a) Transfer.--The parcel of land described in subsection
(b) is hereby transferred without consideration to the
Secretary of the Interior to be held in trust for the Pueblo
de Taos. Such parcel shall be a part of the Pueblo de Taos
Reservation and shall be managed in accordance with section 4
of the Act of May 31, 1933 (48 Stat. 108) (as amended,
including as amended by Public Law 91-550 (84 Stat. 1437)).
(b) Land Description.--The parcel of land referred to in
subsection (a) is the land that is generally depicted on the
map entitled ``Lands transferred to the Pueblo of Taos--
proposed''

[[Page H10987]]

and dated September 1994, comprises 764.33 acres, and is
situated within sections 25, 26, 35, and 36, Township 27
North, Range 14 East, New Mexico Principal Meridian, within
the Wheeler Peak Wilderness, Carson National Forest, Taos
County, New Mexico.
(c) Conforming Boundary Adjustments.--The boundaries of the
Carson National Forest and the Wheeler Peak Wilderness are
hereby adjusted to reflect the transfer made by subsection
(a).
(d) Resolution of Outstanding Claims.--The Congress finds
and declares that, as a result of the enactment of this
section, the Taos Pueblo has no unresolved equitable or legal
claims against the United States on the lands to be held in
trust and to become part of the Pueblo de Taos Reservation
under this section.

SEC. 211. COLONIAL NATIONAL HISTORICAL PARK.

(a) Transfer and Rights-of-Way.--The Secretary of the
Interior (hereinafter in this section referred to as the
``Secretary'') is authorized to transfer, without
reimbursement, to York County, Virginia, that portion of the
existing sewage disposal system, including related
improvements and structures, owned by the United States and
located within the Colonial National Historical Park,
together with such rights-of-way as are determined by the
Secretary to be necessary to maintain and operate such
system.
(b) Repair and Rehabilitation of System.--The Secretary is
authorized to enter into a cooperative agreement with York
County, Virginia, under which the Secretary will pay a
portion, not to exceed $110,000, of the costs of repair and
rehabilitation of the sewage disposal system referred to in
subsection (a).
(c) Fees and Charges.--In consideration for the rights-of-
way granted under subsection (a), and in recognition of the
National Park Service's contribution authorized under
subsection (b), the cooperative agreement under subsection
(b) shall provide for a reduction in, or the elimination of,
the amounts charged to the National Park Service for its
sewage disposal. The cooperative agreement shall also provide
for minimizing the impact of the sewage disposal system on
the park and its resources. Such system may not be enlarged
or substantially altered without National Park Service
concurrence.
(d) Inclusion of Land in Colonial National Historical
Park.--Notwithstanding the provisions of the Act of June 28,
1938 (52 Stat. 1208; 16 U.S.C. 81b et seq.), limiting the
average width of the Colonial Parkway, the Secretary of the
Interior is authorized to include within the boundaries of
Colonial National Historical Park and to acquire by donation,
exchange, or purchase with donated or appropriated funds the
lands or interests in lands (with or without improvements)
within the areas depicted on the map dated August 1993,
numbered 333/80031A, and entitled ``Page Landing Addition to
Colonial National Historical Park''. Such map shall be on
file and available for inspection in the offices of the
National Park Service at Colonial National Historical Park
and in Washington, District of Columbia.
(e) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 212. CUPRUM, IDAHO RELIEF.

(a) Findings.--The Congress finds and declares that:
(1) In 1899, the citizens of Cuprum, Idaho, commissioned
E.S. Hesse to conduct a survey describing these lands
occupied by their community. The purpose of this survey was
to provide a basis for the application for a townsite patent.
(2) In 1909, the Cuprum Townsite patent (Number 52817) was
granted, based on an aliquot parts description which was
intended to circumscribe the Hesse survey.
(3) Since the day of the patent, the Hesse survey has been
used continuously by the community of Cuprum and by Adams
Country, Idaho, as the official townsite plat and basis for
conveyance of title within the townsite.
(4) Recent boundary surveys conducted by the United States
Department of Agriculture, Forest Service, and the United
States Department of the Interior, Bureau of Land Management,
discovered inconsistencies between the official aliquot parts
description of the patented Cuprum Townsite and the Hesse
survey. Many lots along the south and east boundaries of the
townsite are now known to extend onto National Forest System
lands outside the townsite.
(5) It is the determination of Congress that the original
intent of the Cuprum Townsite application was to include all
the lands described by the Hesse survey.
(b) Purpose.--It is the purpose of this section to amend
the 1909 Cuprum Townsite patent to include those additional
lands described by the Hesse survey in addition to other
lands necessary to provide an administratively acceptable
boundary to the National Forest System.
(c) Amendment of Patent.--The 1909 Cuprum Townsite patent
is hereby amended to include parcels 1 and 2, identified on
the plat, marked as ``Township 20 North, Range 3 West, Boise
Meridian, Idaho, Section 10: Proposed Patent Adjustment
Cuprum Townsite, Idaho'' prepared by Payette N.F.--Land
Survey Unit, drawn and approved by Tom Betzold, Forest Land
Surveyor, on April 25, 1995. Such additional lands are hereby
conveyed to the original patentee, Pitts Ellis, trustee, and
Probate Judge of Washington County, Idaho, or any successors
or assigns in interest in accordance with State law. The
Secretary of Agriculture may correct clerical and
typographical errors in such plat.
(d) Survey.--The Federal Government shall survey the
Federal property lines and mark and post the boundaries
necessary to implement this section.

SEC. 213. CONVEYANCE OF CERTAIN PROPERTY TO THE STATE OF
WYOMING.

(a) Conveyance.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of the Interior shall
convey to the State of Wyoming without reimbursement--
(A) all right, title, and interest of the United States in
and to the portion of the property commonly known as ``Ranch
A'' in Crook County, Wyoming, other than the portion
described in subparagraph (B), consisting of approximately
600 acres of land (including all real property, buildings,
and all other improvements to real property) and all personal
property (including art, historic light fixtures, wildlife
mounts, draperies, rugs, and furniture directly related to
the site, including personal property on loan to museums and
other entities at the time of transfer); and
(B) all right, title, and interest of the United States in
and to all buildings and related improvements and all
personal property associated with the real property described
as Township 52 North, Range 61 West, Section 24 N\1/2\ SE\1/
4\, consisting of approximately 80 acres of land, including a
permanent right of way to allow the use of the improvements
and personal property as provided in subsection (b)(1).
(b) Use and Reversionary Interest.--
(1) Use.--The property conveyed to the State of Wyoming
under this section shall be retained in public ownership and
be used by the State for the purposes of--
(A) fish and wildlife management and educational
activities; and
(B) using, maintaining, displaying, and restoring, through
State or local agreements, or both, the museum-quality real
and personal property and the historical interests and
significance of the real and personal property, consistent
with applicable Federal and State laws.
(2) Access by institutions of higher education.--The State
of Wyoming shall provide access to the property for
institutions of higher education at a compensation level that
is agreed to by the State and the institutions of higher
education.
(3) Reversion.--All right, title, and interest in and to
the property shall revert to the United States if--
(A) the property described in subsection (a) is not used by
the State of Wyoming for the purposes set forth in paragraph
(1);
(B) there is any development of the property (including
commercial or recreational development, but not including the
construction of small structures strictly in accordance with
paragraph (1)); or
(C) the State does not make every reasonable effort to
protect and maintain the quality and quantity of fish and
wildlife habitat on the property.
(c) Addition to the Black Hills National Forest.--
(1) Transfer.--Administrative jurisdiction of the real
property described in subsection (a)(1)(B) (excluding the
improvements and personal property conveyed to the State of
Wyoming) is transferred to the Secretary of Agriculture, to
be included in and managed as part of the Black Hills
National Forest.
(2) No hunting or mineral development.--No hunting or
mineral development shall be permitted on any of the land
transferred to the administrative jurisdiction of the
Secretary of Agriculture by paragraph (1).

SEC. 214. RELINQUISHMENT OF INTEREST.

(a) In General.--The United States relinquishes all right,
title, and interest that the United States may have in land
that--
(1) was subject to a right-of-way that was granted to the
predecessor of the Chicago and Northwestern Transportation
Company under the Act entitled ``An Act granting to railroads
the right of way through the public lands of the United
States'', approved March 3, 1875 (43 U.S.C. 934 et seq.),
which right-of-way the Company has conveyed to the city of
Douglas, Wyoming; and
(2) is located within the boundaries of the city limits of
the city of Douglas, Wyoming, or between the right-of-way of
Interstate 25 and the city limits of the city of Douglas,
Wyoming,

as determined by the Secretary of the Interior in
consultation with the appropriate officials of the city of
Douglas, Wyoming.
(b) Conveyance.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Interior shall
file for recordation in the real property records of Converse
County, Wyoming, a deed or other appropriate form of
instrument conveying to the city of Douglas, Wyoming, all
right, title, and interest in the land described in
subsection (a).
(c) Conveyance of Certain Property to the Big Horn County
School District Number 1, Wyoming.--The Secretary of the
Interior shall convey, by quit claim deed, to the Big Horn
County School District Number 1, Wyoming, all right, title,
and interest of the United States in and to the following
described lands in Big Horn County, Wyoming: Lots 19-24 of
Block 22, all within the town of Frannie, Wyoming, in the
S\1/2\NW\1/4\NW\1/4\ and N\1/2\SW\1/4\NW\1/4\ of section 31
of T. 58N., R. 97 W., Big Horn County.

SEC. 215. MODOC NATIONAL FOREST.

(a) In General.--The boundary of the Modoc National Forest
is hereby modified to include and encompass 760 acres, more
or less, on the following described lands: Mount Diablo
Meridian, Lassen County, California, T. 38 N., R. 10 E., sec.
5, SE\1/4\NW\1/4\, E\1/2\SW\1/4\; sec. 8, E\1/2\NE\1/4\,
NE\1/4\NW\1/4\, NE\1/4\SE\1/4\; sec. 16, W\1/2\; sec. 25,
Lots 13, 14 and 15 (S\1/2\SW\1/4\, SW\1/4\SE\1/4\); T. 37 N.,
R. 11 E., sec. 20, NW\1/4\SE\1/4\.
(b) Rule for Land and Water Conservation Fund.--For the
purposes of section 7 of the Land and Water Conservation Fund
Act of 1965 (16 U.S.C. 460l-9), the boundary of the Modoc
National Forest, as modified by this title, shall be
considered to be the boundary of that National Forest as of
January 1, 1965.

SEC. 216. CONVEYANCE TO CITY OF SUMPTER, OREGON.

(a) Conveyance Required.--The Secretary of Agriculture
shall convey, without consideration,

[[Page H10988]]

to the city of Sumpter, Oregon (in this section referred to
as the ``City''), all right, title, and interest of the
United States in and to a parcel of real property of
approximately 1.43 acres consisting of all of block 8 of the
REVISED PLAN OF SUMPTER TOWNSITE in the City, as shown in
plat recorded March 6, 1897, in Plat Book 3, page 26;
including the alley running through such block, vacated by
Ordinance No. 1966-3, recorded December 14, 1966, in Deed 66-
50-014.
(b) Additional Description of Property.--The real property
to be conveyed under subsection (a) consists of the same
property that was deeded to the United States in the
following deeds:
(1) Warranty Deed from Sumpter Power & Water Company to the
United States of America dated October 12, 1949, and recorded
in Vol. 152, page 170 of Baker County records on December 22,
1949.
(2) Warranty Deed from Mrs. Alice Windle to the United
States of America dated October 11, 1949, and recorded in
Vol. 152, page 168 of Baker County records on December 22,
1949.
(3) Warranty Deed from Alice L. Windle Charles and James M.
Charles to the United States of America dated August 8, 1962,
and recorded in Book 172, page 1331 on August 27, 1962.
(c) Condition of Conveyance.--The conveyance under
subsection (a) shall be subject to the condition that the
City use the conveyed property only for public purposes, such
as a city park, information center, or interpretive area.
(d) Release.--Upon making the conveyance required by
subsection (a), the United States is relieved from liability
for any and all claims arising from the presence of materials
on the conveyed property.
(e) Reversionary Interest.--If the Secretary of Agriculture
determines that the real property conveyed under subsection
(a) is not being used in accordance with the condition
specified in subsection (c) or that the City has initiated
proceedings to sell, lease, exchange, or otherwise dispose of
all or a portion of the property, then, at the option of the
Secretary, the United States shall have a right of reentry
with regard to the property, with title thereto revesting in
the United States.
(f) Authorized Sale of Property.--Notwithstanding
subsections (c) and (e), the Secretary of Agriculture may
authorize the City to dispose of the real property conveyed
under subsection (a) if the proceeds from such disposal are
at least equal to the fair market value of the property and
are paid to the United States. The Secretary shall deposit
amounts received under this subsection into the special fund
in the Treasury into which funds are deposited pursuant to
the Act of December 4, 1967 (16 U.S.C. 484a), commonly known
as the Sisk Act. The disposal of the conveyed property under
this subsection shall be subject to such terms and conditions
as the Secretary may prescribe.
(g) Additional Terms and Conditions.--The Secretary of
Agriculture may require such additional terms and conditions
in connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.

SEC. 217. CUMBERLAND GAP NATIONAL HISTORICAL PARK.

(a) Authority.--Notwithstanding the Act of June 11, 1940
(16 U.S.C. 261 et seq.), the Secretary of the Interior is
authorized to acquire by donation, purchase with donated or
appropriated funds, or exchange not to exceed 10 acres of
land or interests in land, which shall consist of those
necessary lands for the establishment of trailheads to be
located at White Rocks and Chadwell Gap.
(b) Administration.--Lands and interests in lands acquired
pursuant to subsection (a) shall be added to and administered
as part of Cumberland Gap National Historical Park.

SEC. 218. SHENANDOAH NATIONAL PARK.

(a) In General.--The boundary of Shenandoah National Park
is hereby modified to include only those lands and interests
therein that, on the day before the date of the enactment of
this Act, were in Federal ownership and were administered by
the Secretary of the Interior (hereinafter in this title
referred to as the ``Secretary'') as part of the park. So
much of the Act of May 22, 1926 (Chapter 363; 44 Stat. 616)
as is inconsistent herewith is hereby repealed.
(b) Minor Boundary Adjustments.--
(1) Minor boundary adjustments.--The Secretary is
authorized to make minor adjustments to the boundary of
Shenandoah National Park, as modified by this section, to
make essential improvements to facilitate access to
trailheads to the park that exist on the day before the date
of the enactment of this Act. In addition, the Secretary may
acquire or accept donations of lands adjacent to the park for
the purposes of making minor boundary adjustments, whenever
the Secretary determines such lands would further the
purposes of the park.
(2) Further limitations on minor boundary adjustments.--
(A) In general.--Except as otherwise provided in this
subsection, the Secretary may acquire lands and interests
therein under this subsection only--
(i) by donation, or exchange; and
(ii) with the consent of the owner.
(B) Additional restrictions.--When acting under this
subsection--
(i) the Secretary may add to the Shenandoah National Park
only lands and interests therein that are contiguous with
Federal lands administered by the Secretary as part of the
park;
(ii) prior to accepting title to any lands or interests
therein, the Secretary shall hold a public meeting in the
county in which such lands and interests are located;
(iii) the Secretary shall not alter the primary means of
access of any private landowner to the lands owned by such
landowner; and
(iv) the Secretary shall not cause any property owned by a
private individual, or any group of adjacent properties owned
by private individuals, to be surrounded on all sides by land
administered by the Secretary as part of the park.
(C) Public land.--Lands or interests in land located within
the boundaries of a park owned by the Commonwealth of
Virginia or a political subdivision of the Commonwealth of
Virginia may be acquired by the Secretary under this section
only by donation or exchange.
(D) No condemnation.--Under this section, the Secretary may
not accept a donation of land or an interest in land that was
acquired through condemnation.
(c) Mitigation of Impacts at Access Points.--The Secretary
shall take all reasonable actions to mitigate the impacts
associated with visitor use at trailheads around the
perimeter of Shenandoah National Park. The Secretary shall
enlist the cooperation of the State and local jurisdictions,
as appropriate, in carrying out this subsection.
(d) Comprehensive Boundary Study.--Within 3 years after the
date of enactment of this Act, the Secretary shall complete a
comprehensive boundary study for Shenandoah National Park in
accordance with the National Environmental Policy Act. The
Secretary shall forward copies of such study to the
appropriate congressional committees.

SEC. 219. TULARE CONVEYANCE.

(a) In General.--Notwithstanding any other provision of
law, and subject to subsections (c), (d), and (e), the
following conveyance is hereby validated to the extent that
the conveyances would have been legal or valid if all right,
title, and interest of the United States had been held by the
Southern Pacific Transportation Company at the time of such
conveyance:
(1) Conveyance of parcels from the lands described in
subsection (b) made by the Southern Pacific Transportation
Company or its subsidiaries, predecessors, successors,
agents, or assigns, on or before April 15, 1996.
(2) Conveyance of parcels from the lands described in
paragraphs (1) and (2) of subsection (b) made after April 15,
1996, by the Southern Pacific Transportation Company, or its
successors, agents, or assigns, to the Redevelopment Agency
of the city of Tulare.
(b) Lands Described.--The lands referred to in subsection
(a) are the lands that--
(1) formed part of a railroad right-of-way granted to the
Southern Pacific Railroad Company, or its successors, agents,
or assigns, by the Federal Government; and
(2) are located within the boundaries of Amended Urban
Renewal Plan for California A-8-1 (the Downtown Plan) adopted
by the city of Tulare, California, generally depicted on the
map entitled ``Amended Urban Renewal Plan for California A-8-
1'', dated March 7, 1989.

The map referred to in paragraph (2) shall be on file and
available for public inspection in the offices of the
director of the Bureau of Land Management.
(c) Minerals.--(1) The United States hereby reserves any
federally owned minerals that may exist in land that is
conveyed pursuant to this section, including the right of the
United States, its assignees or lessees, to enter upon and
utilize as much of the surface of such land as is necessary
to remove minerals under the laws of the United States.
(2) Any and all minerals reserved by paragraph (1) are
hereby withdrawn from all forms of entry, appropriation, and
patent under the mining, mineral leasing, and geothermal
leasing laws of the United States.
(d) Taking of Private Land.--If the validation of any
conveyance pursuant to subsection (a) would constitute a
taking of the private property within the meaning of the
Fifth Amendment to the United States Constitution, the
validation of the conveyance shall be effective only upon
payment by the Southern Pacific Transportation Company (or
its subsidiaries, successors, agents, or assigns) to the
Secretary of the Treasury of the fair market value of the
property taken.
(e) Preservation of Existing Rights of Access.--Nothing in
this section shall impair any existing rights of access in
favor of the public or any owner of adjacent lands over,
under or across the lands which are referred to in subsection
(a).

SEC. 220. ALPINE SCHOOL DISTRICT.

(a) Conveyance Required.--(1) The Secretary of Agriculture
shall convey, without consideration, to the Alpine Elementary
School District 7 of the State of Arizona (in this section
referred to as the ``School District''), all right, title,
and interest of the United States in and to a parcel of real
property, including any improvements thereon, consisting of
approximately 30 acres located in the Apache National Forest,
Apache County, Arizona, and further delineated as follows:
North \1/2\ of Northeast \1/4\ of Southeast \1/4\ of section
14, Township 5 North, Range 30 East, Gila and Salt River
meridian, and North \1/2\ of South \1/2\ of Northeast \1/4\
of Southeast \1/4\ of such section.
(2) The exact acreage and legal description of the real
property to be conveyed under paragraph (1) shall be
determined by a survey satisfactory to the Secretary. The
cost of the survey shall be borne by the School District.
(b) Condition of Conveyance.--The conveyance made under
subsection (a) shall be subject to the condition that the
School District use the conveyed property for public school
facilities and related public school recreational purposes.
(c) Right of Reentry.--The United States shall retain a
right of reentry in the property to be conveyed. If the
Secretary determines that the conveyed property is not being
used in accordance with the condition in subsection (b), the
United States shall have the right to reenter the conveyed
property without consideration.

[[Page H10989]]

(d) Encumbrances.--The conveyance made under subsection (a)
shall be subject to all encumbrances on the property existing
as of the date of the enactment of this Act.
(e) Additional Terms and Conditions.--The Secretary may
require such additional terms and conditions in connection
with the conveyance under subsection (a) as the Secretary
considers appropriate to protect the interests of the United
States.

SEC. 221. MERCED IRRIGATION DISTRICT LAND EXCHANGE.

(a) Conveyance.--(1) The Secretary of the Interior may
convey the Federal lands described in subsection (d)(1) in
exchange for the non-Federal lands described in subsection
(d)(2), in accordance with the provisions of this Act.
(b) Applicability of Other Provisions of Law.--The land
exchange required in this section shall be carried out in
accordance with section 206 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716) and in accordance
with other applicable laws.
(c) Acceptability of Title and Manner of Conveyance.--The
Secretary of the Interior shall not carry out an exchange
described in subsection (a) unless the title to the non-
Federal lands to be conveyed to the United States, and the
form and procedures of conveyance, are acceptable to the
Secretary.
(d) Lands To Be Exchanged.--
(1) Federal lands to be exchanged.--The Federal lands
referred to in this section to be exchanged consist of
approximately 179.4 acres in Mariposa County, California as
generally depicted on the map entitled ``Merced Irrigation
District Exchange--Proposed, Federal Land'', dated March 15,
1995, more particularly described as follows:
T. 3 S., R. 15 E., MDM (Mount Diablo Meridian): sec. 35,
SW\1/4\SE\1/4\, containing approximately 40 acres.
T. 4 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 14: E\1/2\SE\1/4\SE\1/4\, containing approximately 20
acres.
Sec. 23: NE\1/4\SE\1/4\, containing approximately 40 acres.
T. 5 S., R. 15 E., MDM (Mount Diablo Meridian):
Sec. 2: Lot 1, containing approximately 57.9 acres.
Sec. 3: Lots 7 thru 15, containing approximately 21.5
acres.

(2) Non-federal lands to be exchanged.--The non-Federal
lands referred to in this section to be exchanged consist of
approximately 160 acres in Mariposa County, California as
generally depicted on the map entitled ``Merced Irrigation
District Exchange--Proposed, Non-Federal Land'', dated March
15, 1995, more particularly described as T. 4 S., R17E MDM
(Mount Diablo Meridian): sec. 2, SE\1/4\.
(3) Maps.--The maps referred to in this subsection shall be
on file and available for inspection in the office of the
Director of the Bureau of Land Management.
(4) Partial revocation of withdrawals.--The Executive order
of December 31, 1912, creating Powersite Reserve No. 328, and
the withdrawal of Federal lands for Power Project No. 2179,
filed February 21, 1963, in accordance with section 24 of the
Federal Power Act are hereby revoked insofar as they affect
the Federal lands described in paragraph (1). Any patent
issued on such Federal lands shall not be subject to section
24 of said Act.

SEC. 222. FATHER AULL SITE TRANSFER.

(a) Short Title.--This section may be cited as the ``Father
Aull Site Transfer Act of 1996''.
(b) Conveyance of Property.--Subject to valid existing
rights, all right, title and interest of the United States in
and to the land (including improvements on the land),
consisting of approximately 43.06 acres, located
approximately 10 miles east of Silver City, New Mexico, and
described as follows: T. 17 S., R. 12 W., Section 30: Lot 13,
and Section 31: Lot 27 (as generally depicted on the map
dated July 1995) is hereby conveyed by operation of law to
St. Vincent DePaul Parish in Silver City, New Mexico, without
consideration.
(c) Release.--Upon the conveyance of any land or interest
in land identified in this section to St. Vincent DePaul
Parish, St. Vincent DePaul Parish shall assume any liability
for any claim relating to the land or interest in the land
arising after the date of the conveyance.
(d) Map.--The map referred to in this section shall be on
file and available for public inspection in--
(1) the State of New Mexico Office of the Bureau of Land
Management, Santa Fe, New Mexico; and
(2) the Las Cruces District Office of the Bureau of Land
Management, Las Cruces, New Mexico.

SEC. 223. COASTAL BARRIER RESOURCES SYSTEM.

(a) In General.--The Secretary of the Interior shall,
before the end of the 30-day period beginning on the date of
the enactment of this Act, make such corrections to the maps
described in subsection (b) as are necessary to ensure that
depictions of areas on those maps are consistent with the
depictions of areas appearing on the maps entitled
``Amendments to Coastal Barrier Resources System'', dated
November 1, 1995, and June 1, 1996, and on file with the
Secretary.
(b) Maps Described.--The maps described in this subsection
are maps that--
(1) are included in a set of maps entitled ``Coastal
Barrier Resources System'', dated October 24, 1990; and
(2) relate to the following units of the Coastal Barrier
Resources System: P05, P05A, P10, P11, P11A, P18, P25, P32,
and P32P.

SEC. 224. CONVEYANCE TO DEL NORTE COUNTY UNIFIED SCHOOL
DISTRICT.

(a) Conveyance.--As soon as practicable after the date of
the enactment of this Act, the Secretary of Agriculture shall
convey to the Del Norte County Unified School District of Del
Norte County, California, in accordance with this section,
all right, title, and interest of the United States in and to
the property described in subsection (b).
(b) Property Description.--The property referred to in
subsection (a) is that portion of Township 17 North, Range 2
East, Humboldt Meridian in Del Norte County, California,
which is further described as follows:
Beginning at Angle Point No. 3 of Tract 41 as resurveyed by
the Bureau of Land Management under survey Group No. 1013,
approved August 13, 1990, and shown on the official plat
thereof;
thence on the line between Angle Points No. 3 and No. 4 of
Tract 41, North 89 degrees, 24 minutes, 20 seconds East, a
distance of 345.44 feet to Angle Point No. 4 of Tract 41;
thence on the line between Angle Points No. 4 and No. 5 of
Tract 41, South 00 degrees, 01 minutes, 20 seconds East, a
distance of 517.15 feet;
thence West, a distance of 135.79 feet;
thence North 88 degrees, 23 minutes, 01 seconds West, a
distance of 61.00 feet;
thence North 39 degrees, 58 minutes, 18 seconds West, a
distance of 231.37 feet to the East line of Section 21,
Township 17 North, Range 2 East;
thence along the East line of Section 21, North 00 degrees,
02 minutes, 20 seconds West, a distance of 334.53 feet to the
point of beginning.
(c) Consideration.--The conveyance provided for in
subsection (a) shall be without consideration except as
required by this section.
(d) Conditions of Conveyance.--The conveyance provided for
in subsection (a) shall be subject to the following
conditions:
(1) Del Norte County shall be provided, for no
consideration, an easement for County Road No. 318 which
crosses the Northeast corner of the property conveyed.
(2) The Pacific Power and Light Company shall be provided,
for no consideration, an easement for utility equipment as
necessary to maintain the level of service provided by the
utility equipment on the property as of the date of the
conveyance.
(3) The United States shall be provided, for no
consideration, an easement to provide access to the United
States property that is south of the property conveyed.
(e) Limitations on Conveyance.--The conveyance authorized
by subsection (a) is subject to the following limitations:
(1) Encumbrances.--Such conveyance shall be subject to all
encumbrances on the land existing as of the date of enactment
of this Act.
(2) Re-entry right.--The United States shall retain a right
of re-entry in the land described for conveyance in
subsection (b). If the Secretary determines that the conveyed
property is not being used for public educational or related
recreational purposes, the United States shall have a right
to re-renter the property conveyed therein without
consideration.
(f) Additional Terms and Conditions.--The conveyance
provided for in subsection (a) shall be subject to such
additional terms and conditions as the Secretary of
Agriculture and the Del Norte County Unified School District
agree are necessary to protect the interests of the United
States.
TITLE III--EXCHANGES

SEC. 301. TARGHEE NATIONAL FOREST LAND EXCHANGE.

(a) Conveyance.--Notwithstanding the requirements in the
Act entitled ``An Act to Consolidate National Forest Lands'',
approved March 20, 1922 (16 U.S.C. 485), and section 206(b)
of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1716(b)) that Federal and non-Federal lands exchanged
for each other must be located within the same State, the
Secretary of Agriculture may convey the Federal lands
described in subsection (d) in exchange for the non-Federal
lands described in subsection (e) in accordance with the
provisions of this section.
(b) Applicability of Other Provisions of Law.--Except as
otherwise provided in this section, the land exchange
authorized by this section shall be made under the existing
authorities of the Secretary.
(c) Acceptability of Title and Manner of Conveyance.--The
Secretary shall not carry out the exchange described in
subsection (a) unless the title to the non-Federal lands to
be conveyed to the United States, and the form and procedures
of conveyance, are acceptable to the Secretary.
(d) Federal Lands.--The Federal lands referred to in this
section are located in the Targhee National Forest in Idaho,
are generally depicted on the map entitled ``Targhee
Exchange, Idaho-Wyoming--Proposed, Federal Land'', dated
September 1994, and are known as the North Fork Tract.
(e) Non-Federal Lands.--The non-Federal lands referred to
in this section are located in the Targhee National Forest in
Wyoming, are generally depicted on the map entitled ``Non-
Federal land, Targhee Exchange, Idaho-Wyoming--Proposed'',
dated September 1994, and are known as the Squirrel Meadows
Tract.
(f) Maps.--The maps referred to in subsections (d) and (e)
shall be on file and available for inspection in the office
of the Targhee National Forest in Idaho and in the office of
the Chief of the Forest Service.
(g) Equalization of Values.--Prior to the exchange
authorized by this section, the values of the Federal and
non-Federal lands to be so exchanged shall be established by
appraisals of fair market value that shall be subject to
approval by the Secretary. The values either shall be equal
or shall be equalized using the following methods:
(1) Adjustment of lands.--

[[Page H10990]]

(A) Portion of federal lands.--If the Federal lands are
greater in value than the non-Federal lands, the Secretary
shall reduce the acreage of the Federal lands until the
values of the Federal lands closely approximate the values of
the non-Federal lands.
(B) Additional federally owned lands.--If the non-Federal
lands are greater in value than the Federal lands, the
Secretary may convey additional federally owned lands within
the Targhee National Forest up to an amount necessary to
equalize the values of the non-Federal lands and the lands to
be transferred out of Federal ownership. However, such
additional federally owned lands shall be limited to those
meeting the criteria for land exchanges specified in the
Targhee National Forest Land and Resource Management Plan.
(2) Payment of money.--The values may be equalized by the
payment of money as provided in section 206(b) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1716 (b)).
(h) Definitions.--For purpose of this section:
(1) The term ``Federal lands'' means the Federal lands
described in subsection (d).
(2) The term ``non-Federal lands'' means the non-Federal
lands described in subsection (e).
(3) The term ``Secretary'' means the Secretary of
Agriculture.

SEC. 302. ANAKTUVUK PASS LAND EXCHANGE.

(a) Findings.--The Congress makes the following findings:
(1) The Alaska National Interest Lands Conservation Act (94
Stat. 2371), enacted on December 2, 1980, established Gates
of the Arctic National Park and Preserve and Gates of the
Arctic Wilderness. The village of Anaktuvuk Pass, located in
the highlands of the central Brooks Range, is virtually
surrounded by these national park and wilderness lands and is
the only Native village located within the boundary of a
National Park System unit in Alaska.
(2) Unlike most other Alaskan Native communities, the
village of Anaktuvuk Pass is not located on a major river,
lake, or coastline that can be used as a means of access. The
residents of Anaktuvuk Pass have relied increasingly on snow
machines in winter and all-terrain vehicles in summer as
their primary means of access to pursue caribou and other
subsistence resources.
(3) In a 1983 land exchange agreement, linear easements
were reserved by the Inupiat Eskimo people for use of all-
terrain vehicles across certain national park lands, mostly
along stream and river banks. These linear easements proved
unsatisfactory, because they provided inadequate access to
subsistence resources while causing excessive environmental
impact from concentrated use.
(4) The National Park Service and the Nunamiut Corporation
initiated discussions in 1985 to address concerns over the
use of all-terrain vehicles on park and wilderness land.
These discussions resulted in an agreement, originally
executed in 1992 and thereafter amended in 1993 and 1994,
among the National Park Service, Nunamiut Corporation, the
City of Anaktuvuk Pass, and Arctic Slope Regional
Corporation. Full effectuation of this agreement, as amended,
by its terms requires ratification by the Congress.
(b) Ratification of Agreement.--
(1) Ratification.--
(A) In general.--The terms, conditions, procedures,
covenants, reservations, and other provisions set forth in
the document entitled ``Donation, Exchange of Lands and
Interests in Lands and Wilderness Redesignation Agreement
Among Arctic Slope Regional Corporation, Nunamiut
Corporation, City of Anaktuvuk Pass and the United States of
America'' (hereinafter referred to in this section as ``the
Agreement''), executed by the parties on December 17, 1992,
as amended, are hereby incorporated in this title, are
ratified and confirmed, and set forth the obligations and
commitments of the United States, Arctic Slope Regional
Corporation, Nunamiut Corporation and the City of Anaktuvuk
Pass, as a matter of Federal law.
(B) Land acquisition.--Lands acquired by the United States
pursuant to the Agreement shall be administered by the
Secretary of the Interior (hereinafter referred to as the
``Secretary'') as part of Gates of the Arctic National Park
and Preserve, subject to the laws and regulations applicable
thereto.
(2) Maps.--The maps set forth as Exhibits C1, C2, and D
through I to the Agreement depict the lands subject to the
conveyances, retention of surface access rights, access
easements and all-terrain vehicle easements. These lands are
depicted in greater detail on a map entitled ``Land Exchange
Actions, Proposed Anaktuvuk Pass Land Exchange and Wilderness
Redesignation, Gates of the Arctic National Park and
Preserve'', Map No. 185/80,039, dated April 1994, and on file
at the Alaska Regional Office of the National Park Service
and the offices of Gates of the Arctic National Park and
Preserve in Fairbanks, Alaska. Written legal descriptions of
these lands shall be prepared and made available in the above
offices. In case of any discrepancies, Map No. 185/80,039
shall be controlling.
(c) National Park System Wilderness.--
(1) Gates of the arctic wilderness.--
(A) Redesignation.--Section 701(2) of the Alaska National
Interest Lands Conservation Act (94 Stat. 2371, 2417)
establishing the Gates of the Arctic Wilderness is hereby
amended with the addition of approximately 56,825 acres as
wilderness and the rescission of approximately 73,993 acres
as wilderness, thus revising the Gates of the Arctic
Wilderness to approximately 7,034,832 acres.
(B) Map.--The lands redesignated by subparagraph (A) are
depicted on a map entitled ``Wilderness Actions, Proposed
Anaktuvuk Pass Land Exchange and Wilderness Redesignation,
Gates of the Arctic National Park and Preserve'', Map No.
185/80,040, dated April 1994, and on file at the Alaska
Regional Office of the National Park Service and the office
of Gates of the Arctic National Park and Preserve in
Fairbanks, Alaska.
(2) Noatak national preserve.--Section 201(8)(a) of the
Alaska National Interest Land Conservation Act (94 Stat.
2380) is amended by--
(A) striking ``approximately six million four hundred and
sixty thousand acres'' and inserting in lieu thereof
``approximately 6,477,168 acres''; and
(B) inserting ``and the map entitled ``Noatak National
Preserve and Noatak Wilderness Addition'' dated September
1994'' after ``July 1980''.
(3) Noatak wilderness.--Section 701(7) of the Alaska
National Interest Lands Conservation Act (94 Stat. 2417) is
amended by striking ``approximately five million eight
hundred thousand acres'' and inserting in lieu thereof
``approximately 5,817,168 acres''.
(d) Conformance With Other Law.--
(1) Alaska native claims settlement act.--All of the lands,
or interests therein, conveyed to and received by Arctic
Slope Regional Corporation or Nunamiut Corporation pursuant
to the Agreement shall be deemed conveyed and received
pursuant to exchanges under section 22(f) of the Alaska
Native Claims Settlement Act, as amended (43 U.S.C. 1601,
1621(f)). All of the lands or interests in lands conveyed
pursuant to the Agreement shall be conveyed subject to valid
existing rights.
(2) Alaska national interest lands conservation act.--
Except to the extent specifically set forth in this section
or the Agreement, nothing in this section or in the Agreement
shall be construed to enlarge or diminish the rights,
privileges, or obligations of any person, including
specifically the preference for subsistence uses and access
to subsistence resources provided under the Alaska National
Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).

SEC. 303. ALASKA PENINSULA SUBSURFACE CONSOLIDATION.

(a) Definitions.--As used in this section:
(1) Agency.--The term ``agency''--
(A) means any instrumentality of the United States, and any
Government corporation (as defined in section 9101(1) of
title 31, United States Code); and
(B) includes any element of an agency.
(2) Alaska native corporation.--The term ``Alaska Native
Corporation'' has the same meaning as is provided for
``Native Corporation'' in section 3(m) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1602(m)).
(3) Federal lands or interests therein.--The term ``Federal
lands or interests therein'' means any lands or properties
owned by the United States (A) which are administered by the
Secretary, or (B) which are subject to a lease to third
parties, or (C) which have been made available to the
Secretary for exchange under this section through the
concurrence of the director of the agency administering such
lands or properties: Provided however, That excluded from
such lands shall be those lands which are within an existing
conservation system unit as defined in section 102(4) of the
Alaska National Interest Lands Conservation Act (16 U.S.C.
3102(4)), and those lands the mineral interest for which are
currently under mineral lease.
(4) Koniag.--The term ``Koniag'' means Koniag,
Incorporated, which is a regional Corporation.
(5) Regional corporation.--The term ``Regional
Corporation'' has the same meaning as is provided in section
3(g) of the Alaska Native Claims Settlement Act (43 U.S.C.
1602(g)).
(6) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of the Interior.
(7) Selection rights.--The term ``selection rights'' means
those rights granted to Koniag, pursuant to subsections (a)
and (b) of section 12, and section 14(h)(8), of the Alaska
Native Claims Settlement Act (43 U.S.C. 1611 and 1613(h)(8)),
to receive title to the oil and gas rights and other
interests in the subsurface estate of the approximately
275,000 acres of public lands in the State of Alaska
identified as ``Koniag Selections'' on the map entitled
``Koniag Interest Lands, Alaska Peninsula'', dated May 1989.
(b) Valuation of Koniag Selection Rights.--
(1) In general.--Pursuant to paragraph (2) of this
subsection, the Secretary shall value the Selection Rights
which Koniag possesses within the boundaries of Aniakchak
National Monument and Preserve, Alaska Peninsula National
Wildlife Refuge, and Becharof National Wildlife Refuge.
(2) Value.--
(A) In general.--The value of the selection rights shall be
equal to the fair market value of--
(i) the oil and gas interests in the lands or interests in
lands that are the subject of the selection rights; and
(ii) in the case of the lands or interests in lands for
which Koniag is to receive the entire subsurface estate, the
subsurface estate of the lands or interests in lands that are
the subject of the selection rights.
(B) Appraisal.--
(i) Selection of appraiser.--

(I) In general.--Not later than 90 days after the date of
enactment of this section the Secretary and Koniag shall meet
to select a qualified appraiser to conduct an appraisal of
the selection rights. Subject to subclause (II), the
appraiser shall be selected by the mutual agreement of the
Secretary and Koniag.
(II) Failure to agree.--If the Secretary and Koniag fail to
agree on an appraiser by the date that is 60 days after the
date of the initial meeting referred to in subclause (I), the
Secretary and Koniag shall, by the date that is not later
than 90 days after the date of the initial meeting, each
designate an appraiser who is qualified to perform the
appraisal. The 2 appraisers so identified shall select a
third qualified appraiser who shall perform the appraisal.

[[Page H10991]]

(ii) Standards and methodology.--The appraisal shall be
conducted in conformity with the standards of the Appraisal
Foundation (as defined in section 1121(9) of the Financial
Institutions Reform, Recovery, and Enforcement Act of 1989
(12 U.S.C. 3350(9)).
(iii) Submission of appraisal report.--Not later than 180
days after the selection of an appraiser pursuant to clause
(i), the appraiser shall submit to the Secretary and to
Koniag a written appraisal report specifying the value of the
selection rights and the methodology used to arrive at the
value.
(C) Determination of value.--
(i) Determination by the secretary.--Not later than 60 days
after the date of the receipt of the appraisal report under
subparagraph (B)(iii), the Secretary shall determine the
value of the selection rights and shall notify Koniag of the
determination.
(ii) Alternative determination of value.--

(I) In general.--Subject to subclause (II), if Koniag does
not agree with the value determined by the Secretary under
clause (i), the procedures specified in section 206(d) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716 (d)) shall be used to establish the value.
(II) Average value limitation.--The average value per acre
of the selection rights shall not be less than the value
utilizing the risk adjusted discount cash flow methodology,
but in no event may exceed $300.

(c) Koniag Account.--
(1) In general.--(A) The Secretary shall enter into
negotiations for an agreement or agreements to exchange
Federal lands or interests therein which are in the State of
Alaska for the Selection Rights.
(B) If the value of the Federal property to be exchanged is
less than the value of the Selection Rights established in
subsection (b), and if such Federal property to be exchanged
is not generating receipts to the Federal Government in
excess of $1,000,000 per year, then the Secretary may
exchange the Federal property for that portion of the
Selection Rights having a value equal to that of the Federal
property. The remaining selection rights shall remain
available for additional exchanges.
(C) For the purposes of any exchange to be consummated
under this section, if less than all the selection rights are
being exchanged, then the value of the selection rights being
exchanged shall be equal to the number of acres of selection
rights being exchanged multiplied by a fraction, the
numerator of which is the value of all the selection rights
as determined pursuant to subsection (b) hereof and the
denominator of which is the total number of acres of
selection rights.
(2) Additional exchanges.--If, after 10 years from the date
of the enactment of this section, the Secretary was unable to
conclude such exchanges as may be required to acquire all of
the selection rights, he shall conclude exchanges for the
remaining selection rights for such Federal property as may
be identified by Koniag, which property is available for
transfer to the administrative jurisdiction of the Secretary
under any provision of law and which property, at the time of
the proposed transfer to Koniag is not generating receipts to
the Federal Government in excess of $1,000,000 per year. The
Secretary shall keep Koniag advised in a timely manner as to
which properties may be available for such transfer. Upon
receipt of such identification by Koniag, the Secretary shall
request in a timely manner the transfer of such identified
property to the administrative jurisdiction of the Department
of the Interior. Such property shall not be subject to the
geographic limitations of section 206(b) of the Federal Land
Policy and Management Act and may be retained by the
Secretary solely for purposes of transferring it to Koniag to
complete the exchange. Should the value of the property so
identified by Koniag be in excess of the value of the
remaining selection rights, then Koniag shall have the option
of (A) declining to proceed with the exchange and identifying
other property, or (B) paying the difference in value between
the property rights.
(d) Certain Conveyances.--
(1) Interests in land.--For the purposes of section 21(c)
of the Alaska Native Claims Settlement Act (43 U.S.C.
1620(e)), the receipt of consideration, including, but not
limited to, lands, cash or other property, by a Native
Corporation for the relinquishment to the United States of
land selection rights granted to any Native Corporation under
such Act shall be deemed to be an interest in land.
(2) Authority to appoint and remove trustee.--In
establishing a Settlement Trust under section 39 of such Act
(43 U.S.C. 1629c), Koniag may delegate, in whole or in part,
the authority granted to Koniag under subsection (b)(2) of
such section to any entity that Koniag may select without
affecting the status of the trust as a Settlement Trust under
such section.

SEC. 304. SNOWBASIN LAND EXCHANGE ACT.

(a) Purpose and Intent.--The purpose of this section is to
authorize and direct the Secretary to exchange 1,320 acres of
federally-owned land within the Cache National Forest in the
State of Utah for lands of approximately equal value owned by
the Sun Valley Company. It is the intent of Congress that
this exchange be completed without delay within the period
specified by subsection (d).
(b) Definitions.--As used in this section:
(1) The term ``Sun Valley Company'' means the Sun Valley
Company, a division of Sinclair Oil Corporation, a Wyoming
Corporation, or its successors or assigns.
(2) The term ``Secretary'' means the Secretary of
Agriculture.
(c) Exchange.--
(1) Federal selected lands.--(A) Not later than 45 days
after the final determination of value of the Federal
selected lands, the Secretary shall, subject to this section,
transfer all right, title, and interest of the United States
in and to the lands referred to in subparagraph (B) to the
Sun Valley Company.
(B) The lands referred to in subparagraph (A) are certain
lands within the Cache National Forest in the State of Utah
comprising 1,320 acres, more or less, as generally depicted
on the map entitled ``Snowbasin Land Exchange--Proposed'' and
dated October 1995.
(2) Non-federal offered lands.--Upon transfer of the
Federal selected lands under paragraph (1), and in exchange
for those lands, the Sun Valley Company shall simultaneously
convey to the Secretary all right, title and interest of the
Sun Valley Company in and to so much of the following offered
lands which have been previously identified by the United
States Forest Service as desirable by the United States, or
which are identified pursuant to subparagraph (E) prior to
the transfer of lands under paragraph (1), as are of
approximate equal value to the Federal selected lands:
(A) Certain lands located within the exterior boundaries of
the Cache National Forest in Weber County, Utah, which
comprise approximately 640 acres and are generally depicted
on a map entitled ``Lightning Ridge Offered Lands'', dated
October 1995.
(B) Certain lands located within the Cache National Forest
in Weber County, Utah, which comprise approximately 635 acres
and are generally depicted on a map entitled ``Wheeler Creek
Watershed Offered Lands--Section 2'' dated October 1995.
(C) Certain lands located within the exterior boundaries of
the Cache National Forest in Weber County, Utah, and lying
immediately adjacent to the outskirts of the City of Ogden,
Utah, which comprise approximately 800 acres and are
generally depicted on a map entitled ``Taylor Canyon Offered
Lands'', dated October 1995.
(D) Certain lands located within the exterior boundaries of
the Cache National Forest in Weber County, Utah, which
comprise approximately 2,040 acres and are generally depicted
on a map entitled ``North Fork Ogden River--Devil's Gate
Valley'', dated October 1995.
(E) Such additional offered lands in the State of Utah as
may be necessary to make the values of the lands exchanged
pursuant to this section approximately equal, and which are
acceptable to the Secretary.
(3) Substitution of offered lands.--If one or more of the
precise offered land parcels identified in subparagraphs (A)
through (D) of paragraph (2) is unable to be conveyed to the
United States due to appraisal or other reasons, or if the
Secretary and the Sun Valley Company mutually agree and the
Secretary determines that an alternative offered land package
would better serve long term public needs and objectives, the
Sun Valley Company may simultaneously convey to the United
States alternative offered lands in the State of Utah
acceptable to the Secretary in lieu of any or all of the
lands identified in subparagraphs (A) through (D) of
paragraph (2).
(4) Valuation and appraisals.--(A) Values of the lands to
be exchanged pursuant to this section shall be equal as
determined by the Secretary utilizing nationally recognized
appraisal standards and in accordance with section 206 of the
Federal Land Policy and Management Act of 1976. The appraisal
reports shall be written to Federal standards as defined in
the Uniform Appraisal Standards for Federal Land
Acquisitions. If, due to size, location, or use of lands
exchanged under this section, the values are not exactly
equal, they shall be equalized by the payment of cash
equalization money to the Secretary or the Sun Valley Company
as appropriate in accordance with section 206(b) of the
Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)). In order to expedite the consummation of the
exchange directed by this section, the Sun Valley Company
shall arrange and pay for appraisals of the offered and
selected lands by a qualified appraiser with experience in
appraising similar properties and who is mutually acceptable
to the Sun Valley Company and the Secretary. The appraisal of
the Federal selected lands shall be completed and submitted
to the Secretary for technical review and approval no later
than 120 days after the date of enactment of this Act, and
the Secretary shall make a determination of value not later
than 30 days after receipt of the appraisal. In the event the
Secretary and the Sun Valley Company are unable to agree to
the appraised value of a certain tract or tracts of land, the
appraisal, appraisals, or appraisal issues in dispute and a
final determination of value shall be resolved through a
process of bargaining or submission to arbitration in
accordance with section 206(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1716(d)).
(B) In order to expedite the appraisal of the Federal
selected lands, such appraisal shall--
(i) value the land in its unimproved state, as a single
entity for its highest and best use as if in private
ownership and as of the date of enactment of this Act;
(ii) consider the Federal lands as an independent property
as though in the private marketplace and suitable for
development to its highest and best use;
(iii) consider in the appraisal any encumbrance on the
title anticipated to be in the conveyance to Sun Valley
Company and reflect its effect on the fair market value of
the property; and
(iv) not reflect any enhancement in value to the Federal
selected lands based on the existence of private lands owned
by the Sun Valley Company in the vicinity of the Snowbasin
Ski Resort, and shall assume that private lands owned by the
Sun Valley Company are not available for use in conjunction
with the Federal selected lands.
(d) General Provisions Relating to the Exchange.--

[[Page H10992]]

(1) In general.--The exchange authorized by this section
shall be subject to the following terms and conditions:
(A) Reserved rights-of-way.--In any deed issued pursuant to
subsection (c)(1), the Secretary shall reserve in the United
States a right of reasonable access across the conveyed
property for public access and for administrative purposes of
the United States necessary to manage adjacent federally-
owned lands. The terms of such reservation shall be
prescribed by the Secretary within 30 days after the date of
the enactment of this Act.
(B) Right of rescission.--This section shall not be binding
on either the United States or the Sun Valley Company if,
within 30 days after the final determination of value of the
Federal selected lands, the Sun Valley Company submits to the
Secretary a duly authorized and executed resolution of the
Company stating its intention not to enter into the exchange
authorized by this section.
(2) Withdrawal.--Subject to valid existing rights,
effective on the date of enactment of this Act, the Federal
selected lands described in subsection (c)(1) and all
National Forest System lands currently under special use
permit to the Sun Valley Company at the Snowbasin Ski Resort
are hereby withdrawn from all forms of appropriation under
the public land laws (including the mining laws) and from
disposition under all laws pertaining to mineral and
geothermal leasing.
(3) Deed.--The conveyance of the offered lands to the
United States under this section shall be by general warranty
or other deed acceptable to the Secretary and in conformity
with applicable title standards of the Attorney General of
the United States.
(4) Status of lands.--Upon acceptance of title by the
Secretary, the land conveyed to the United States pursuant to
this section shall become part of the Wasatch or Cache
National Forests as appropriate, and the boundaries of such
National Forests shall be adjusted to encompass such lands.
Once conveyed, such lands shall be managed in accordance with
the Act of March 1, 1911, as amended (commonly known as the
``Weeks Act''), and in accordance with the other laws, rules
and regulations applicable to National Forest System lands.
This paragraph does not limit the Secretary's authority to
adjust the boundaries pursuant to section 11 of the Act of
March 1, 1911 (``Weeks Act''). For the purposes of section 7
of the Land and Water Conservation Fund Act of 1965 (16
U.S.C. 4601-9), the boundaries of the Wasatch and Cache
National Forests, as adjusted by this section, shall be
considered to be boundaries of the forests as of January 1,
1965.
(e) Phase Facility Construction and Operation.--
(1) Phase i facility finding and review.--(A) The Congress
has reviewed the Snowbasin Ski Area Master Development Plan
dated October 1995 (hereinafter in this subsection referred
to as the ``Master Plan''). On the basis of such review, and
review of previously completed environmental and other
resource studies for the Snowbasin Ski Area, Congress hereby
finds that the ``Phase I'' facilities referred to in the
Master Plan to be located on National Forest System land
after consummation of the land exchange directed by this
section are limited in size and scope, are reasonable and
necessary to accommodate the 2002 Olympics, and in some cases
are required to provide for the safety of skiing competitors
and spectators.
(B) Within 60 days after the date of enactment of this Act,
the Secretary and the Sun Valley Company shall review the
Master Plan insofar as such plan pertains to Phase I
facilities which are to be constructed and operated wholly or
partially on National Forest System lands retained by the
Secretary after consummation of the land exchange directed by
this section. The Secretary may modify such Phase I
facilities upon mutual agreement with the Sun Valley Company
or by imposing conditions pursuant to paragraph (2) of this
subsection.
(C) Within 90 days after the date of enactment of this Act,
the Secretary shall submit the reviewed Master Plan on the
Phase I facilities, including any modifications made thereto
pursuant to subparagraph (B), to the Committee on Energy and
Natural Resources of the United States Senate and the
Committee on Resources of the United States House of
Representatives for a 30-day review period. At the end of the
30-day period, unless otherwise directed by Act of Congress,
the Secretary may issue all necessary authorizations for
construction and operation of such facilities or
modifications thereof in accordance with the procedures and
provisions of paragraph (2) of this subsection.
(2) Phase i facility approval, conditions, and timetable.--
Within 120 days of receipt of an application by the Sun
Valley Company to authorize construction and operation of any
particular Phase I facility, facilities, or group of
facilities, the Secretary, in consultation with the Sun
Valley Company, shall authorize construction and operation of
such facility, facilities, or group of facilities, subject to
the general policies of the Forest Service pertaining to the
construction and operation of ski area facilities on National
Forest System lands and subject to reasonable conditions to
protect National Forest System resources. In providing
authorization to construct and operate a facility,
facilities, or group of facilities, the Secretary may not
impose any condition that would significantly change the
location, size, or scope of the applied for Phase I facility
unless--
(A) the modification is mutually agreed to by the Secretary
and the Sun Valley Company; or
(B) the modification is necessary to protect health and
safety.

Nothing in this subsection shall be construed to affect the
Secretary's responsibility to monitor and assure compliance
with the conditions set forth in the construction and
operation authorization.
(3) Congressional directions.--Notwithstanding any other
provision of law, Congress finds that consummation of the
land exchange directed by this section and all
determinations, authorizations, and actions taken by the
Secretary pursuant to this section pertaining to Phase I
facilities on National Forest System lands, or any
modifications thereof, to be nondiscretionary actions
authorized and directed by Congress and hence to comply with
all procedural and other requirements of the laws of the
United States. Such determinations, authorizations, and
actions shall not be subject to administrative or judicial
review.
(f) No Precedent.--Nothing in subsection (c)(4)(B) of this
section relating to conditions or limitations on the
appraisal of the Federal lands, or any provision of
subsection (e), relating to the approval by the Congress or
the Forest Service of facilities on National Forest System
lands, shall be construed as a precedent for subsequent
legislation.

SEC. 305. ARKANSAS AND OKLAHOMA LAND EXCHANGE.

(a) Findings.--Congress finds that:
(1) the Weyerhaeuser Company has offered to the United
States Government an exchange of lands under which
Weyerhaeuser would receive approximately 48,000 acres of
Federal land in Arkansas and Oklahoma and all mineral
interests and oil and gas interests pertaining to these
exchanged lands in which the United States Government has an
interest in return for conveying to the United States lands
owned by Weyerhaeuser consisting of approximately 181,000
acres of forested wetlands and other forest land of public
interest in Arkansas and Oklahoma and all mineral interests
and all oil and gas interests pertaining to 48,000 acres of
these 181,000 acres of exchanged lands in which Weyerhaeuser
has an interest, consisting of--
(A) certain lands in Arkansas (Arkansas Ouachita lands)
located near Poteau Mountain, Caney Creek Wilderness, Lake
Ouachita, Little Missouri Wild and Scenic River, Flatside
Wilderness and the Ouachita National Forest;
(B) certain lands in Oklahoma (Oklahoma lands) located near
the McCurtain County Wilderness, the Broken Bow Reservoir,
the Glover River, and the Ouachita National Forest; and
(C) certain lands in Arkansas (Arkansas Cossatot lands)
located on the Little and Cossatot Rivers and identified as
the ``Pond Creek Bottoms'' in the Lower Mississippi River
Delta section of the North American Waterfowl Management
Plan;
(2) acquisition of the Arkansas Cossatot lands by the
United States will remove the lands in the heart of a
critical wetland ecosystem from sustained timber production
and other development;
(3) the acquisition of the Arkansas Ouachita lands and the
Oklahoma lands by the United States for administration by the
Forest Service will provide an opportunity for enhancement of
ecosystem management of the National Forest System lands and
resources;
(4) the Arkansas Ouachita lands and the Oklahoma lands have
outstanding wildlife habitat and important recreational
values and should continue to be made available for
activities such as public hunting, fishing, trapping, nature
observation, enjoyment, education, and timber management
whenever these activities are consistent with applicable
Federal laws and land and resource management plans; these
lands, especially in the riparian zones, also harbor
endangered, threatened and sensitive plants and animals and
the conservation and restoration of these areas are important
to the recreational and educational public uses and will
represent a valuable ecological resource which should be
conserved;
(5) the private use of the lands the United States will
convey to Weyerhaeuser will not conflict with established
management objectives on adjacent Federal lands;
(6) the lands the United States will convey to Weyerhaeuser
as part of the exchange described in paragraph (1) do not
contain comparable fish, wildlife, or wetland values;
(7) the values of all lands, mineral interests, and oil and
gas interests to be exchanged between the United States and
Weyerhaeuser are approximately equal in value; and
(8) the exchange of lands, mineral interests, and oil and
gas interests between Weyerhaeuser and the United States is
in the public interest.
(b) Purpose.--The purpose of this section is to authorize
and direct the Secretary of the Interior and the Secretary of
Agriculture, subject to the terms of this title, to complete,
as expeditiously as possible, an exchange of lands, mineral
interests, and oil and gas interests with Weyerhaeuser that
will provide environmental, land management, recreational,
and economic benefits to the States of Arkansas and Oklahoma
and to the United States.
(c) Definitions.--As used in this section:
(1) Land.--The terms ``land'' or ``lands'' mean the surface
estate and any other interests therein except for mineral
interests and oil and gas interests.
(2) Mineral interests.--The term ``mineral interests''
means geothermal steam and heat and all metals, ores, and
minerals of any nature whatsoever, except oil and gas
interests, in or upon lands subject to this title including,
but not limited to, coal, lignite, peat, rock, sand, gravel,
and quartz.
(3) Oil and gas interests.--The term ``oil and gas
interests'' means all oil and gas of any nature, including
carbon dioxide, helium, and gas taken from coal seams
(collectively ``oil and gas'').
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of the Interior and the Secretary of Agriculture.
(5) Weyerhaeuser.--The term ``Weyerhaeuser'' means
Weyerhaeuser Company, a company incorporated in the State of
Washington.

[[Page H10993]]

(d) Exchange of Lands and Mineral Interests.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, within 90 days
after the date of the enactment of this Act, the Secretary of
Agriculture shall convey to Weyerhaeuser, subject to any
valid existing rights, approximately 20,000 acres of Federal
lands and mineral interests in the State of Arkansas and
approximately 28,000 acres of Federal lands and mineral
interests in the State of Oklahoma as depicted on maps
entitled ``Arkansas-Oklahoma Land Exchange--Federal Arkansas
and Oklahoma Lands,'' dated February 1996 and available for
public inspection in appropriate offices of the Secretaries.
(2) Offer and acceptance of lands.--The Secretary of
Agriculture shall make the conveyance to Weyerhaeuser if
Weyerhaeuser conveys deeds of title to the United States,
subject to limitations and the reservation described in
subsection (e) and which are acceptable to and approved by
the Secretary of Agriculture to the following--
(A) approximately 115,000 acres of lands and mineral
interests in the State of Oklahoma, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Oklahoma Lands,'' dated February 1996 and available for
public inspection in appropriate offices of the Secretaries;
(B) approximately 41,000 acres of lands and mineral
interests in the State of Arkansas, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Arkansas Ouachita Lands,'' dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries; and
(C) approximately 25,000 acres of lands and mineral
interests in the State of Arkansas, as depicted on a map
entitled ``Arkansas-Oklahoma Land Exchange--Weyerhaeuser
Arkansas Cossatot Lands,'' dated February 1996 and available
for public inspection in appropriate offices of the
Secretaries.
(e) Exchange of Oil and Gas Interests.--
(1) In general.--Subject to paragraph (2) and
notwithstanding any other provision of law, at the same time
as the exchange for land and mineral interests is carried out
pursuant to this section, the Secretary of Agriculture shall
exchange all Federal oil and gas interests, including
existing leases and other agreements, in the lands described
in subsection (d)(1) for equivalent oil and gas interests,
including existing leases and other agreements, owned by
Weyerhaeuser in the lands described in subsection (d)(2).
(2) Reservation.--In addition to the exchange of oil and
gas interests pursuant to paragraph (1), Weyerhaeuser shall
reserve oil and gas interests in and under the lands depicted
for reservation upon a map entitled Arkansas-Oklahoma Land
Exchange--Weyerhaeuser Oil and Gas Interest Reservation Lands
, dated February 1996 and available for public inspection in
appropriate offices of the Secretaries. Such reservation
shall be subject to the provisions of this title and the form
of such reservation shall comply with the jointly agreed to
Memorandum of Understanding between the Forest Service and
Weyerhaeuser dated March 27, 1996 and on file with the Office
of the Chief of the Forest Service in Washington, D.C. and
with the Committee on Energy and Natural Resources of the
United States Senate and the Committee on Resources of the
United States House of Representatives.
(f) General Provisions.--
(1) Maps controlling.--The acreage cited in this section is
approximate. In the case of a discrepancy between the
description of lands, mineral interests, or oil and gas
interests to be exchanged pursuant to subsections (d) and (e)
and the lands, mineral interests, or oil and gas interests
depicted on a map referred to in such subsection, the map
shall control. The maps referenced in this section shall be
subject to such minor corrections as may be agreed upon by
the Secretaries and Weyerhaeuser so long as the Secretary of
Agriculture notifies the Committee on Energy and Natural
Resources of the United States Senate and the Committee on
Resources of the United States House of Representatives of
any such minor corrections.
(2) Final maps.--Not later than 180 days after the
conclusion of the exchange required by subsections (d) and
(e), the Secretaries shall transmit maps accurately depicting
the lands, mineral interests, and oil and gas interests
conveyed and transferred pursuant to this section and the
acreage and boundary descriptions of such lands, mineral
interests, and oil and gas interests to the Committees on
Energy and Natural Resources of the Senate and the Committee
on Resources of the House of Representatives.
(3) Cancellation.--If, before the exchange has been carried
out pursuant to subsections (d) and (e), Weyerhaeuser
provides written notification to the Secretaries that
Weyerhaeuser no longer intends to complete the exchange, with
respect to the lands, mineral interests, and oil and gas
interests that would otherwise be subject to the exchange,
the status of such lands, mineral interests, and oil and gas
interests shall revert to the status of such lands, mineral
interests, and oil and gas interests as of the day before the
date of enactment of this Act and shall be managed in
accordance with applicable law and management plans.
(4) Withdrawal.--Subject to valid existing rights, the
lands and interests therein depicted for conveyance to
Weyerhaeuser on the maps referenced in subsections (d) and
(e) are withdrawn from all forms of entry and appropriation
under the public land laws (including the mining laws) and
from the operation of mineral leasing and geothermal steam
leasing laws effective upon the date of the enactment of this
title. Such withdrawal shall terminate 45 days after
completion of the exchange provided for in subsections (d)
and (e) or on the date of notification by Weyerhaeuser of a
decision not to complete the exchange.
(g) National Forest System.--
(1) Addition to the system.--Upon approval and acceptance
of title by the Secretary of Agriculture, the 156,000 acres
of land conveyed to the United States pursuant to subsection
(d)(2)(A) and (B) of this section shall be subject to the Act
of March 1, 1911 (commonly known as the Weeks Law ) (36 Stat.
961, as amended), and shall be administered by the Secretary
of Agriculture in accordance with the laws and regulations
pertaining to the National Forest System.
(2) Plan amendments.--No later than 12 months after the
completion of the exchange required by this section, the
Secretary of Agriculture shall begin the process to amend
applicable land and resource management plans with public
involvement pursuant to section 6 of the Forest and Rangeland
Renewable Resource Planning Act of 1974, as amended by the
National Forest Management Act of 1976 (16 U.S.C. 1604);
Provided, that no amendment or revision of applicable land
and resource management plans shall be required prior to
completion of the amendment process required by this
paragraph for the Secretary of Agriculture to authorize or
undertake activities consistent with forest wide standards
and guidelines and all other applicable laws and regulations
on lands conveyed to the United States pursuant to subsection
(d)(2)(A) and (B).
(h) Other.--
(1) Addition to the national wildlife refuge system.--Once
acquired by the United States, the 25,000 acres of land
identified in subsection (d)(2)(C), the Arkansas Cossatot
lands, shall be managed by the Secretary of the Interior as a
component of the Cossatot National Wildlife Refuge in
accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd-668ee).
(2) Plan preparation.--Within 24 months after the
completion of the exchange required by this section, the
Secretary of the Interior shall prepare and implement a
single refuge management plan for the Cossatot National
Wildlife Refuge, as expanded by this title. Such plans shall
recognize the important public purposes served by the
nonconsumptive activities, other recreational activities, and
wildlife-related public use, including hunting, fishing, and
trapping. The plan shall permit, to the maximum extent
practicable, compatible uses to the extent that they are
consistent with sound wildlife management and in accordance
with the National Wildlife Refuge System Administration Act
of 1966 (16 U.S.C. 668dd-668ee) and other applicable laws.
Any regulations promulgated by the Secretary of the Interior
with respect to hunting, fishing, and trapping on those lands
shall, to the extent practicable, be consistent with State
fish and wildlife laws and regulations. In preparing the
management plan and regulations, the Secretary of the
Interior shall consult with the Arkansas Game and Fish
Commission.
(3) Interim use of lands.--
(A) In general.--Except as provided in paragraph (2),
during the period beginning on the date of the completion of
the exchange of lands required by this section and ending on
the first date of the implementation of the plan prepared
under paragraph (2), the Secretary of the Interior shall
administer all lands added to the Cossatot National Wildlife
Refuge pursuant to this title in accordance with the National
Wildlife Refuge System Administration Act of 1966 (16 U.S.C.
668dd-668ee) and other applicable laws.
(B) Hunting seasons.--During the period described in
subparagraph (A), the duration of any hunting season on the
lands described in paragraph (1) shall comport with the
applicable State law.
(i) Ouachita National Forest Boundary Adjustment.--Upon
acceptance of title by the Secretary of Agriculture of the
lands conveyed to the United States pursuant to subsection
(d)(2)(A) and (B), the boundaries of the Ouachita National
Forest shall be adjusted to encompass those lands conveyed to
the United States generally depicted on the appropriate maps
referred to in subsection (d). Nothing in this subsection
shall limit the authority of the Secretary of Agriculture to
adjust the boundary pursuant to section 11 of the Weeks Law
of March 1, 1911. For the purposes of section 7 of the Land
and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9),
the boundaries of the Ouachita National Forest, as adjusted
by this section, shall be considered to be the boundaries of
the Forest as of January 1, 1965.
(j) Maps and Boundary Descriptions.--Not later than 180
days after the date of enactment of this title, the Secretary
of Agriculture shall prepare a boundary description of the
lands depicted on the map(s) referred to in subsection
(d)(2)(A) and (B). Such map(s) and boundary description shall
have the same force and effect as if included in this Act,
except that the Secretary of Agriculture may correct clerical
and typographical errors.

SEC. 306. BIG THICKET NATIONAL PRESERVE.

(a) Extension.--The last sentence of subsection (d) of the
first section of the Act entitled ``An Act to authorize the
establishment of the Big Thicket National Preserve in the
State of Texas, and for other purposes'', approved October
11, 1974 (16 U.S.C. 698(d)), is amended by striking out ``two
years after date of enactment'' and inserting ``five years
after the date of enactment''.
(b) Independent Appraisal.--Subsection (d) of the first
section of such Act (16 U.S.C. 698(d)) is further amended by
adding at the end the following: ``The Secretary, in
considering the values of the private lands to be exchanged
under this subsection, shall consider independent appraisals
submitted by the owners of the private lands.''.

[[Page H10994]]

(c) Limitation.--Subsection (d) of the first section of
such Act (16 U.S.C. 698(d)), as amended by subsection (b), is
further amended by adding at the end the following: ``The
authority to exchange lands under this subsection shall
expire on July 1, 1998.''.
(d) Reporting Requirement.--Not later than 6 months after
the date of the enactment of this Act and every 6 months
thereafter until the earlier of the consummation of the
exchange or July 1, 1998, the Secretary of the Interior and
the Secretary of Agriculture shall each submit a report to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate concerning the progress in consummating the land
exchange authorized by the amendments made by Big Thicket
National Preserve Addition Act of 1993 (Public Law 103-46).
(e) Land Exchange in Liberty County, Texas.--If, within one
year after the date of the enactment of this Act--
(1) the owners of the private lands described in subsection
(f)(1) offer to transfer all their right, title, and interest
in and to such lands to the Secretary of the Interior, and
(2) Liberty County, Texas, agrees to accept the transfer of
the Federal lands described in subsection (f)(2),

the Secretary shall accept such offer of private lands and,
in exchange and without additional consideration, transfer to
Liberty County, Texas, all right, title, and interest of the
United States in and to the Federal lands described in
subsection (f)(2).
(f) Lands Described.--
(1) Private lands.--The private lands described in this
paragraph are approximately 3.76 acres of lands located in
Liberty County, Texas, as generally depicted on the map
entitled ``Big Thicket Lake Estates Access--Proposed''.
(2) Federal lands.--The Federal lands described in this
paragraph are approximately 2.38 acres of lands located in
Menard Creek Corridor Unit of the Big Thicket National
Preserve, as generally depicted on the map referred to in
paragraph (1).
(g) Administration of Lands Acquired by the United
States.--The lands acquired by the Secretary under subsection
(e) shall be added to and administered as part of the Menard
Creek Corridor Unit of the Big Thicket National Preserve.

SEC. 307. LOST CREEK LAND EXCHANGE.

(a) Land Exchange.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Agriculture (referred to in this
section as the ``Secretary'') shall--
(A) acquire by exchange certain land and interests in land
owned by R-Y Timber, Inc., and its affiliates, successors,
and assigns (referred to in this section as the
``Corporation''), located in the Lost Creek and Twin Lakes
areas of the Beaverhead-Deerlodge National Forest, Montana;
and
(B)(i) convey certain land and interests in land owned by
the United States and located in the Beaverhead-Deerlodge
National Forest and the Gallatin National Forest, Montana, to
the Corporation; and
(ii) grant the right to harvest timber on land in the
Beaverhead-Deerlodge National Forest and the Gallatin
National Forest as specified in the document under paragraph
(4).
(2) Offer and acceptance of land.--
(A) Non-federal land.--If the Corporation offers to convey
to the United States fee title that is acceptable to the
Secretary to approximately 17,567 acres of land owned by the
Corporation and available for exchange, as depicted on the
map entitled ``R-Y/Forest Service Land Exchange Proposal'',
dated June, 1996, and described in the document under
paragraph (4), the Secretary shall accept a warranty deed to
the land.
(B) Federal land.--
(i) Conveyance.--On acceptance of title to the
Corporation's land under subparagraph (A) and on the
effective date of the document under paragraph (4), the
Secretary shall--

(I) convey to the Corporation, subject to valid existing
rights, by exchange deed, fee title to approximately 7,185
acres in the Beaverhead-Deerlodge National Forest; and
(II) grant to the Corporation the right to harvest
approximately 6,200,000 board feet of timber on certain land
in the Beaverhead-Deerlodge National Forest and approximately
4,000,000 board feet of timber on certain land in the
Gallatin National Forest, collectively referred to as the
harvest volume, as depicted on the map described in
subparagraph (A) and subject to the terms and conditions
stated in the document under paragraph (4).

(3) Timber harvesting.--
(A) In general.--The timber harvest volume described in
paragraph (2)(B)(i)(II) is in addition to, and is not
intended as an offset against, the present or future planned
timber sale program for the Beaverhead-Deerlodge National
Forest or the Gallatin National Forest, so long as the
allowable sale quantity for each national forest,
respectively, is not exceeded for the planning period.
(B) SBA share.--The Forest Service shall not reduce its
Small Business Administration share of timber sale set-aside
offerings in the Beaverhead-Deerlodge National Forest or the
Gallatin National Forest by reason of the land exchange under
this subsection.
(C) Minimum and maximum annual harvests.--
(i) In general.--Subject to clause (ii)--

(I) not less than 20 nor more than 30 percent of the timber
described in paragraph (2)(B)(i)(II) shall be made available
by the end of each fiscal year over a 4- or 5-year period
beginning with the first fiscal year that begins after the
date of enactment of this Act; and
(II) the Corporation shall be allowed at least 3 years
after the end of each fiscal year in which to complete the
harvest of timber made available for that fiscal year.

(ii) Exceptional circumstances.--The timber harvest volumes
specified in clause (i) shall not be required in the case of
the occurrence of exceptional circumstances identified in the
agreement under paragraph (4). In the case of such an
occurrence that results in the making available of less than
20 percent of the timber for any fiscal year, the Secretary
shall provide compensation of equal value to the Corporation
in a form provided for in the agreement under paragraph (4).
(4) Land exchange specification agreement.--
(A) In general.--Notwithstanding any other provision of
law, a document entitled "R-Y/Forest Service Land Exchange
Specifications" shall be jointly developed and agreed to by
the Corporation and the Secretary.
(B) Descriptions of lands to be exchanged.--The document
under subparagraph (A) shall define the non-Federal and
Federal lands and interests in land to be exchanged and
include legal descriptions of the lands and interests in land
and an agreement to harvest timber on National Forest System
land in accordance with the standard timber contract
specifications, section 251.14 of title 36, Code of Federal
Regulations (as in effect on the date of enactment of this
Act), and any other pertinent conditions.
(C) Submission to congress.--The document under
subparagraph (A)--
(i) upon its completion shall be submitted to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives; and
(ii) shall not take effect until 45 days after the date of
submission to both committees.
(D) Design and layout.--
(i) In general.--The Forest Service shall determine the
timber sale design and layout in consultation with the
Corporation.
(ii) Harvest volume.--Identification of the timber harvest
volume shall be determined in accordance with Department of
Agriculture standards.
(iii) Monitoring.--The Forest Service shall monitor harvest
and post-harvest activities to ensure compliance with the
terms and conditions of the document under subparagraph (A).
(5) Conflict.--In case of conflict between the map
described in paragraph (2)(A) and the document under
paragraph (4), the map shall control.
(b) Title.--
(1) Review of title.--Not later than 60 days after receipt
of title documents from the Corporation, the Secretary shall
review the title for the non-Federal land described in
subsection (a)(2)(A) and determine whether--
(A) title standards of the Department of Justice applicable
to Federal land acquisition have been satisfied or the
quality of title is otherwise acceptable to the Secretary;
(B) all draft conveyances and closing documents have been
received and approved;
(C) a current title commitment verifying compliance with
applicable title standards has been issued to the Secretary;
and
(D) the Corporation has complied with the conditions
imposed by this section.
(2) Unacceptable quality of title.--If the quality of title
does not meet Federal standards and is not otherwise
acceptable to the Secretary, the Secretary shall advise the
Corporation regarding corrective actions necessary to make an
affirmative determination.
(3) Conveyance of title.--The Secretary shall accept the
conveyance of land described in subsection (a)(2)(A) not
later than 60 days after the Secretary has made an
affirmative determination of quality of title.
(c) General Provisions.--
(1) Maps and documents.--
(A) In general.--The map described in subsection (a)(2)(A)
and the document under subsection (a)(4) shall be subject to
such minor corrections as may be agreed upon by the Secretary
and the Corporation.
(B) Public availability.--The map described in subsection
(a)(2)(A) and the document under subsection (a)(4) shall be
on file and available for public inspection in the
appropriate offices of the Forest Service.
(2) National forest system land.--
(A) In general.--All land conveyed to the United States
under this section shall be added to and administered as part
of the Beaverhead-Deerlodge National Forest and shall be
administered by the Secretary in accordance with the laws
(including regulations) pertaining to the National Forest
System.
(B) Wilderness study area acquisitions.--Land acquired
under this section that is located within the boundary of a
wilderness area in existence on the date of enactment of this
Act shall be included within the National Wilderness
Preservation System.
(3) Valuation.--The values of the lands and interests in
land to be exchanged under this section are deemed to be
equal.
(4) Liability for hazardous substances.--The United States
(including the departments, agencies, and employees of the
United States) shall not be liable under the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9601 et seq.), the Federal Water Pollution
Control Act (33 U.S.C. 1251 et seq.), or any other Federal,
State, or local law solely as a result of the acquisition of
an interest in the land described in subsection (a)(2)(A) or
because of circumstances or events occurring before the
acquisition, including any release or threat of release of a
hazardous substance.
(5) Release from study.--The land comprising approximately
1,320 acres in the Beaverhead-Deerlodge National Forest, as
generally depicted on the map entitled ``West Pioneer Study
Deletion--Proposed'', dated 1994, is released from study
under section 2(a)(1) of the

[[Page H10995]]

Montana Wilderness Study Act of 1977 (91 Stat. 1243).

SEC. 308. CLEVELAND NATIONAL FOREST LAND EXCHANGE.

(a) Conveyance by the Secretary of Agriculture.--
(1) Conveyance.--In exchange for the conveyance described
in subsection (b), the Secretary of Agriculture (hereinafter
referred to as the ``Secretary'') shall convey to the Orange
County Council of the Boy Scouts of America all right, title,
and interest of the United States in and to the parcel of
land described in paragraph (2) located in the Cleveland
National Forest. The parcel conveyed by the Secretary shall
be subject to valid existing rights and to any easements that
the Secretary considers necessary for public and
administrative access.
(2) Description of parcel.--The parcel of land referred to
in paragraph (1) consists of not more than 60 acres of land
in Section 28, Township 9 South, Range 4 East, San Bernardino
Meridian, in the unincorporated territory of San Diego
County, California.
(b) Conveyance by the Boy Scouts of America.--
(1) Conveyance.--In exchange for the conveyance described
in subsection (a), the Orange County Council of the Boy
Scouts of America shall convey to the United States all
right, title, and interest to the parcel of land described in
paragraph (2). The parcel conveyed under this subsection
shall be subject to such valid existing rights of record as
may be acceptable to the Secretary, and the title to the
parcel shall conform with the title approval standards
applicable to Federal land acquisitions.
(2) Description of parcel.--The parcel of land referred to
in paragraph (1) shall be approximately equal in value to the
lands described in subsection (a)(2) and shall be at least
the Southerly 94 acres of the Westerly \1/2\ of Section 34,
Township 9 South, Range 4 East, San Bernardino Meridian, in
the unincorporated territory of San Diego County, California.
(c) Boundary Adjustment.--Upon the completion of the land
exchange authorized under this section, the Secretary shall
adjust the boundaries of the Cleveland National Forest to
exclude the parcel conveyed by the Secretary under subsection
(a) and to include the parcel obtained by the Secretary under
subsection (b). For purposes of section 7 of the Land and
Water Conservation Fund Act of 1964 (16 U.S.C. 460l-9), the
boundary of the Cleveland National Forest, as modified by
this title, shall be considered the boundary of the forest as
of January 1, 1965.
(d) Incorporation Into Cleveland National Forest.--Upon
acceptance of title by the Secretary, the parcel obtained by
the Secretary under subsection (b) shall become part of the
Cleveland National Forest and shall be subject to all laws
applicable to such national forest.

SEC. 309. SAND HOLLOW LAND EXCHANGE.

(a) Definitions.--As used in this section:
(1) District.--The term ``District'' means the Water
Conservancy District of Washington County, Utah.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Bulloch site.--The term ``Bulloch Site'' means the
lands located in Kane County, Utah, adjacent to Zion National
Park, comprised of approximately 550 acres, as generally
depicted on a map entitled ``Washington County Water
Conservancy District Exchange Proposal'' and dated May 30,
1996.
(4) Sand hollow site.--The term ``Sand Hollow Site'' means
the lands located in Washington County, Utah, comprised of
approximately 3,000 acres, as generally depicted on a map
entitled ``Washington County Water Conservancy District
Exchange Proposal'' and dated May 30, 1996.
(5) Quail creek pipeline.--The term ``Quail Creek
Pipeline'' means the lands located in Washington County,
Utah, comprised of approximately 40 acres, as generally
depicted on a map entitled ``Washington County Water
Conservancy District Exchange Proposal'' and dated May 30,
1996.
(6) Quail creek reservoir.--The term ``Quail Creek
Reservoir'' means the lands located in Washington County,
Utah, comprised of approximately 480.5 acres, as generally
depicted on a map entitled ``Washington County Water
Conservancy District Exchange Proposal'' and dated May 30,
1996.
(7) Smith property.--The term ``Smith Property'' means the
lands located in Washington County, Utah, comprised of
approximately 1,550 acres, as generally depicted on a map
entitled ``Washington County Water Conservancy District
Exchange Proposal'' and dated May 30, 1996.
(b) Exchange.--
(1) In general.--Subject to the provisions of this section,
if within 18 months after the date of the enactment of this
Act, the Water Conservancy District of Washington County,
Utah, offers to transfer to the United States all right,
title, and interest of the District in and to the Bulloch
Site, the Secretary of the Interior shall, in exchange,
transfer to the District all right, title, and interest of
the United States in and to the San Hollow Site, the Quail
Creek Pipeline and Quail Creek Reservoir, subject to valid
existing rights.
(2) Water rights associated with the bulloch site.--The
water rights associated with the Bulloch Site shall be
transferred to the United States pursuant to Utah State law.
(3) Withdrawal of mineral interests.--Subject to valid
existing rights, the mineral interests underlying the Sand
Hollow Site, the Quail Creek Reservoir, and the Quail Creek
Pipeline are hereby withdrawn from disposition under the
public land laws and from location, entry, and patent under
the mining laws of the United States, from the operation of
the mineral leasing laws of the United States, from the
operation of the Geothermal Steam Act of 1970, and from the
operation of the Act of July 31, 1947, commonly known as the
``Materials Act of 1947'' (30 U.S.C. 601 et seq.).
(4) Grazing.--The exchange of lands under paragraph (1)
shall be subject to agreement by the District to continue to
permit the grazing of domestic livestock on the Sand Hollow
Site under the terms and conditions of existing Federal
grazing leases or permits, except that the District, upon
terminating any such lease or permit, shall fully compensate
the holder of the terminated lease or permit.
(c) Equalization of Values.--The value of the lands
transferred out of Federal ownership under subsection (b)
either shall be equal to the value of the lands received by
the Secretary under that section or, if not, shall be
equalized by--
(1) to the extent possible, transfer of all right, title,
and interest of the District in and to lands in Washington
County, Utah, and water rights of the District associated
thereto, which are within the area providing habitat for the
desert tortoise, as determined by the Director of the Bureau
of Land Management;
(2) transfer of all right, title, and interest of the
District in and to lands in the Smith Site and water rights
of the District associated thereto; and
(3) the payment of money to the Secretary, to the extent
that lands and rights transferred under paragraphs (1) and
(2) are not sufficient to equalize the values of the lands
exchanged under subsection (b)(1).
(d) Management of Lands Acquired by the United States.--
Lands acquired by the Secretary under this section shall be
administered by the Secretary, acting through the Director of
the Bureau of Land Management, in accordance with the
provisions of law generally applicable to the public lands,
including the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1701 et seq.).
(e) National Environmental Policy Act of 1976.--The
exchange of lands under this section is not subject to
section 102 of the National Environmental Policy Act of 1969
(42 U.S.C. 4322).
(f) Valuation of Lands To Be Acquired by the United States
in Washington County, Utah.--In acquiring any lands and any
interests in lands in Washington County, Utah, by purchase,
exchange, donation or other transfers of interest, the
Secretary of the Interior shall appraise, value, and offer to
acquire such lands and interests without regard to the
presence of a species listed as threatened or endangered or
any proposed or actual designation of such property as
critical habitat for a species listed as threatened or
endangered pursuant to the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).

SEC. 310. BUREAU OF LAND MANAGEMENT AUTHORIZATION FOR FISCAL
YEARS 1997 THROUGH 2002.

Section 318(a) of the Federal Land Policy and Management
Act of 1976 (43 U.S.C. 1748(a)) is amended by striking out
``October 1, 1978'' and by inserting in lieu thereof
``October 1, 2002''.

SEC. 311. LAND EXCHANGE WITH CITY OF GREELEY, COLORADO, AND
THE WATER SUPPLY AND STORAGE COMPANY.

(a) Land Exchange.--
(1) In general.--If the city of Greeley, Colorado, and The
Water Supply and Storage Company, a Colorado mutual ditch
company, offer to transfer all their right, title, and
interest in and to the Rockwell Ranch property and Timberline
Lake property, and The Water Supply and Storage Company
designated lands, all described in paragraph (2), the
Secretary of Agriculture shall, in exchange for such
property, transfer to the city and to the company, as they
each shall designate, all right, title, and interest of the
United States, including the mineral estate, in and to the
Federal lands described in paragraph (3) within 12 months of
the date of the city's and company's offer.
(2) City and company lands.--
(A) The city and company lands to be exchanged under this
subsection are these lands depicted on maps entitled
``Rockwell Ranch Property Land Exchange'' and ``Timberline
Lake Property'' and ``Cameron Pass Lands'' dated July 26,
1996.
(B) The Rockwell Ranch property is comprised of 4 parcels
containing approximately 520 acres of lands.
(C) The Timberline Lake Property is a parcel of
approximately 10 acres located in the Comanche Peak
Wilderness which shall be conveyed by quit claim deed for the
purposes of eliminating any future title conflict between the
city of Greeley and the United States in regard to the
property.
(D) The Cameron Pass Lands consist of 2 parcels totaling
approximately 178 acres owned by The Water Supply and Storage
Company.
(3) Federal lands to be exchanged.--The Federal lands to be
exchanged under this subsection are those lands depicted on
the maps referred to in paragraph (2) as ``Federal Exchange
Lands''. The total area of Federal lands to be exchanged is
approximately 1,176 acres, including approximately 447 acres
occupied by the city and the company under perpetual
easements of the United States Department of the Interior,
Numbers D-028135 and D-029149. The Federal lands to be
exchanged include the following:
(A) All Federal land within the high water contour lines of
the following existing reservoirs: Barnes Meadow, Chambers
Lake, Comanche, Hourglass, Long Draw, Milton Seaman, Peterson
Lake, and Twin Lakes, together with their dams and
structures. The high water line is defined as the elevation
at the dam crest of each reservoir.
(B) A surcharge and operational access area around each
reservoir consisting of an average 50 foot horizontal
projection from the high water line and an average 100 foot
horizontal projection from the outer perimeter of all dams

[[Page H10996]]

and appurtenant structures, including but not limited to,
outlets, measuring devices, spillways, wasteways, toe drains,
canals, abutments, and the Peterson Lake operations cabin, as
generally depicted on such map. The access area to the east
of Long Draw Reservoir will be limited to the extent
necessary to convey only those lands within the boundary of
the National Forest.
(C) Those Federal lands which would be occupied by an
enlargement of Seaman Reservoir to an approximate capacity of
43,000 acre feet (but not to exceed 50,000 acre feet),
including an average 50 foot horizontally projected buffer
zone around the enlarged water line and structures, and an
80-acre parcel of Federal land south of Seaman Reservoir
potentially required for a downstream damsite on the North
Fork of the Cache la Poudre River, as generally depicted on
such map.
(b) Terms and Conditions Relating to Land Exchange.--The
land exchange under subsection (a) shall be processed in
accordance with Forest Service Land Exchange Regulations in
part 254 of title 36, Code of Federal Regulations, subpart A
subject to the direction in subsection (a) and the following
terms and conditions:
(1) The United States shall grant perpetual access
easements to the city of Greeley and to The Water Supply and
Storage Company to the lands conveyed by the United States
under subsection (a) as part of the consideration of this
exchange. The United States shall reserve easements for all
designated roads and trails crossing any Federal lands to be
conveyed that are necessary to assure public access to
adjoining National Forest lands.
(2) The city of Greeley, Colorado, and The Water Supply and
Storage Company shall continue to make the following
facilities accessible to visitors to the Roosevelt National
Forest: Chambers, Long Draw, Peterson, Barnes Meadow,
Comanche, Seaman and Twin Lakes Reservoirs, under rules and
restrictions as determined by the city and the company.
(3)(A) All special use permits and/or easements or other
instruments authorizing occupancy of the Federal lands
identified in subsection (a)(3) are rescinded upon completion
of the exchange.
(B) The conditions specified in the December 28, 1994, and
the January 4, 1995, easements for Long Draw, Peterson Lake
and Barnes Meadow Reservoirs requiring a joint operations
plan providing instream winter flows to the mainstream of the
Cache La Poudre River from Chambers Lake and Barnes Meadow
shall continue to be fulfilled regardless of land ownership
unless mutually agreed otherwise.
(C) No further consultation with the United States Fish and
Wildlife Service shall be required for completion of this
land exchange.
(D) No additional conditions, including instream or bypass
flow requirements, shall be required as a condition of this
land exchange.
(4) The exchange under subsection (a) does not include any
water right owned by the city of Greeley, Colorado, or The
Water Supply and Storage Company, except as provided in
paragraph (5).
(5) The city of Greeley's one-half interest in the
following rights associated with the Rockwell Ranch property,
to wit: Rockwell Ditches No. 1 in the volume of 1.2 c.f.s.,
No. 2 in the volume of 1.7 c.f.s., No. 3 in the volume of
2.68 c.f.s., No. 4 in the volume of 1.87 c.f.s., No. 5 in the
volume of 1.95 c.f.s. and No. 6 in the volume of 2.5 c.f.s.,
diverting from the South Fork of the Cache la Poudre River,
and its tributaries, Little Beaver Creek and the North Fork
of Little Beaver Creek, and all with the appropriation date
of December 31, 1888, shall be dedicated to the Colorado
Water Conservation Board in perpetuity for the instream flow
program of the State of Colorado upon completion of the
exchange in accordance with substantive and procedural
requirements of the laws of Colorado.
(6) The Federal Exchange Lands to be exchanged under
subsection (a) shall be conveyed to the city of Greeley and
to The Water Supply and Storage Company by means of a land
exchange deed issued by an authorized officer of the United
States Department of Agriculture, Forest Service, and
notwithstanding any other requirements of law, the Secretary
of Agriculture is authorized to conduct and approve all
cadastral surveys necessary for completion of the exchange.
(7) Values of the respective lands exchanged between the
United States and the city of Greeley and The Water Supply
and Storage Company pursuant to subsection (a) are deemed to
be of approximately equal value, without any need for cash
equalization, as based on statements of value prepared by a
qualified Forest Service Review Appraiser.
(8) It is recognized that some Federal lands to be conveyed
to the city of Greeley and The Water Supply and Storage
Company will create new holdings in otherwise consolidated
areas of Federal ownership. If the city or the company decide
to permanently discontinue reservoir operations on any of the
properties acquired through this exchange, the United States
Forest Service, Arapaho-Roosevelt National Forest Supervisor
shall be advised of the intent to perform nonreconstructive
breaching of the dam for purposes of permanently terminating
reservoir operations. Upon such notification, the United
States Forest Service will be afforded the opportunity to
reacquire property at fair market value or exchange or upon
such other terms and conditions as the parties may agree for
a period of time not to exceed one year.
(9) The Federal lands to be exchanged under subsection (a),
with the exception of the Seaman Reservoir enlargement area
and potential new damsite below Seaman Reservoir on the North
Fork of the Cache la Poudre River, are already fully
developed and authorized for occupancy by the city of Greeley
and The Water Supply and Storage Company. Therefore, this
land exchange may be completed without further inventory or
consultation under the National Historic Preservation Act.
Should the city of Greeley seek enlargement of Seaman
Reservoir or construction of a new dam on the North Fork of
the Poudre River below Seaman Reservoir for a Seaman
Reservoir Enlargement, the site will be subject to all
Federal statutes and regulations applicable at the time of
proposed construction.
(10) The Forest Service shall grant a 20-year easement to
the city of Greeley for use of the existing cabin in the
north half of the southwest quarter of Section 30, Township 8
North, Range 72 West. The easement shall allow the use of the
cabin, other improvements, and access to the forest lands
nearby. The access road shall be available for city employees
to access the cabin for recreational purposes and to the
United States Forest Service for administrative purposes.
(11) The Forest Service shall grant a 20-year easement to
the city of Greeley for use of approximately 1 acre of land
under the existing cabin in the vicinity of Jacks Gulch
Campground on Pingree Road as depicted on the attached map.
The easement shall include the administrative use of the
access road to the cabin and the reservation of the use of
the cabin to those permitted under the existing special use
permit.
(c) Administration of Lands Acquired by the United
States.--The Rockwell Ranch, Timberline Lake, and Cameron
Pass Lands acquired by the United States under this section
shall be added to and administered as part of the Roosevelt
National Forest. Those portions of such property located
within a wilderness area shall be added to and administered
as part of the wilderness area.
(d) Boundary Modification of the Arapaho National Forest
and Roosevelt National Forest.--
(1) In general.--In order to provide for more efficient
administration of certain Federal lands adjoining the Arapaho
National Forest and Roosevelt National Forest, the exterior
boundary of the Arapaho Forest is hereby modified as shown on
Department of Agriculture, Forest Service map entitled
``Boundary Modification, Arapaho National Forest'' dated
December 22, 1991, and the exterior boundary of the Roosevelt
Forest is hereby modified as shown on Department of
Agriculture, Forest Service map entitled ``Boundary
Modification, Roosevelt National Forest'', dated August 15,
1995. The maps and a legal description of the boundary
changes shall be on file and available for public inspection
in the offices of the Chief of the Forest Service and
appropriate field offices.
(2) Administration.--All Federal lands brought within the
boundary of the Arapaho National Forest and Roosevelt
National Forest by this section are hereby added to the
Arapaho National Forest and Roosevelt National Forest,
respectively, and shall be administered in accordance with
the laws, rules, and regulations applicable to the National
Forest System.
(3) Availability of certain lands.--For the purpose of
section 7 of the Land and Water Conservation Act of 1965 (16
U.S.C. 460l-9), the boundary of the Arapaho National Forest
and Roosevelt National Forest, as modified by this
subsection, shall be treated as if it were the boundary of
that forest as of January 1, 1965.

SEC. 312. GATES OF THE ARCTIC NATIONAL PARK AND PRESERVE LAND
EXCHANGE AND BOUNDARY ADJUSTMENT.

(a) Acquisition and Exchange Authority: Killik River
Ecosystem.--(1) The Secretary of the Interior (hereinafter in
this section referred to as the ``Secretary'') is authorized
to acquire by exchange certain lands which have been or may
hereafter be conveyed to the Arctic Slope Regional
Corporation pursuant to the provisions of the Alaska Native
Claims Settlement Act and the State of Alaska pursuant to the
Alaska Statehood Act. These lands consist of--
(A) approximately 1,270,000 acres of Arctic Slope Regional
Corporation lands and are depicted on a map entitled ``Arctic
Slope Regional Corporation Killik River Ecosystem Lands'',
dated July 1996, appended to which is a legal description of
such lands; and
(B) up to 1,270,000 acres selected by the State of Alaska
pursuant to the Alaska Statehood Act, consisting of--
(i) approximately 750,000 acres of State of Alaska lands in
the Killik River Ecosystem which are depicted on a map
entitled ``Study of Potential Addition of State of Alaska and
Other Lands, by Exchange, to the Gates of the Arctic Park'';
and
(ii) the remainder being other State of Alaska lands which
are acceptable to the Secretary.

The Killik River Ecosystem map and the Study of Potential
Addition map are on file at the Alaska Regional Office of the
National Park Service and the offices of the Gates of the
Arctic National Park and Preserve in Fairbanks, Alaska.
(2) The private lands described in subparagraphs (A) and
(B)(i) of paragraph (1) may be acquired for addition to the
Gates of the Arctic National Preserve with the consent of the
owners, the Arctic Slope Regional Corporation, or the State
of Alaska, respectively. Upon acquisition by the Secretary,
such lands shall become, and be administered as, a part of
Gates of the Arctic National Preserve to the same extent as
if the lands were included within the boundaries of the
Preserve by the provisions of section 201(4) of the Alaska
National Interest Lands Conservation Act (16 U.S.C. 3101 et
seq.).
(b) Acquisition and Exchange Authority: Ogotoruk Creek
Lands Contaminated by Undisclosed Nuclear Testing.--(1) The
Secretary of the Interior is authorized to acquire by
exchange certain additional lands which have been or may
hereafter be conveyed to the Arctic Slope Regional
Corporation pursuant to the provisions of the Alaska Native
Claims Settlement Act. These lands consist of approximately

[[Page H10997]]

204,860 acres and are depicted on a map entitled ``Arctic
Slope Regional Corporation Ogotoruk Creek Lands Contaminated
by Undisclosed Nuclear Testing'', dated July 1996, appended
to which is a legal description of such lands. The Ogotoruk
Creek Lands map is on file at the Alaska State Office of the
Bureau of Land Management.
(2) The lands described in paragraph (1) were selected by
the Arctic Slope Regional Corporation under the Alaska Native
Claims Settlement Act for use as a transportation corridor,
without any disclosure by the Department of the Interior that
the southern portion of these lands had been the subject of
nuclear tests conducted by the United States prior to
selection by the Arctic Slope Regional Corporation. The
Arctic Slope Regional Corporation selected these lands with
no knowledge of the nuclear tests that had been conducted on
these lands, and the Inupiat Eskimo shareholders of the
Arctic Slope Regional Corporation believe that the radiation
tests have caused physical injury to some of the
shareholders, and therefore desire to exchange these lands.
The private lands described in paragraph (1) may be acquired
by the Secretary with the consent of the Arctic Slope
Regional Corporation. Upon acquisition by the Secretary, such
lands shall become public lands except that, to the extent
such lands are located within the exterior boundaries of the
Alaska Maritime National Wildlife Refuge--Chukchi Sea Unit,
such lands shall become, and be administered by the Secretary
as, a part of such unit of the National Wildlife Refuge
System.
(c) Other Lands.--To facilitate the exchanges authorized by
this section, the Secretary is authorized to make available
to the Arctic Slope Regional Corporation and to the State of
Alaska lands, or interests therein, from public lands within
the 23,000,000 acre National Petroleum Reserve-Alaska. The
Arctic Slope Regional Corporation was precluded from making
land selections, under the terms of the Alaska Native Claims
Settlement Act, from the National Petroleum Reserve-Alaska.
The State of Alaska was precluded from making land
selections, under the terms of the Alaska Statehood Act, from
the National Petroleum Reserve-Alaska. Since 1980, the
Federal policy with respect to the National Petroleum
Reserve-Alaska has been changed, and this area has been
opened to oil and gas leasing.
(d) Withdrawal.--(1) To facilitate the land exchanges
authorized by this section, the Secretary is authorized to
withdraw, subject to valid existing rights, from all forms of
appropriation under the public land laws, including the
mining and mineral leasing laws, lands identified for
acquisition through an exchange under this section by written
notices submitted no later than 120 days after enactment of
this Act, to the Secretary by the Arctic Slope Regional
Corporation and the State of Alaska.
(2) The Arctic Slope Regional Corporation is authorized to
identify by notice for withdrawal pursuant to paragraph (1)
not more than twice the number of acres of private land
identified for exchange in subsections (a) and (b).
(3) The State of Alaska is authorized to identify by notice
for withdrawal pursuant to paragraph (1) not more than twice
the number of acres of State of Alaska land identified for
exchange in subsection (a).
(4) In the event of any overlap of lands identified for
withdrawal and potential acquisition by the Arctic Slope
Regional Corporation and the State of Alaska, the Secretary
shall request an identification by the Arctic Slope Regional
Corporation of one township of land (23,040 acres) within the
area of overlap and such township shall be available only for
acquisition by the Arctic Slope Regional Corporation.
Thereafter, the Secretary shall request an identification by
the State of Alaska of one township of land within the area
of overlap and such township shall be available only for
acquisition by the State of Alaska. Thereafter, the Secretary
shall request alternating identifications by the Arctic Slope
Regional Corporation and by the State of Alaska of one
township of land within the area of overlap until all lands
within the area of overlap shall have been identified by
either the Arctic Slope Regional Corporation or the State of
Alaska.
(5) The withdrawal of lands required pursuant to paragraph
(1) shall terminate either upon the consummation of land
exchanges with the Arctic Slope Regional Corporation and the
State of Alaska or upon the expiration of a period of 3 years
from the date of the withdrawal, whichever first occurs:
Provided, That the Secretary may terminate the withdrawal of
any lands withdrawn under this subsection whenever the
Secretary and the party identifying such lands for withdrawal
mutually agree to exclude such lands from further
consideration for exchange under this section; and, Provided
further, That the Secretary may conduct activities
preparatory to leasing oil and gas on lands withdrawn
pursuant to this subsection.
(e) Other Laws.--Land exchanges authorized under this
section shall be consummated in accordance with the
provisions of this section, section 22(f) of the Alaska
Native Claims Settlement Act (43 U.S.C. 1601, 1621(f)), and
section 1302(h) of the Alaska National Interest Lands
Conservation Act, and all of the lands, or interests therein,
conveyed to and received by the Arctic Slope Regional
Corporation pursuant to an exchange authorized by subsections
(a) and (b) of this section shall be deemed conveyed and
received pursuant to an exchange under section 22(f) of the
Alaska Native Claims Settlement Act (43 U.S.C. 1601,
1621(f)).
(f) Other Uses.--Subsistence, cultural, traditional, and
other uses of the Arctic Slope Regional Corporation's
shareholders and local residents on the lands to be acquired
under subsections (a) and (b) shall continue to be permitted.
(g) Authorization.--There are hereby authorized to be
appropriated such sums as are necessary to carry out the
purposes of this section.

SEC. 313. KENAI NATIVES ASSOCIATION LAND EXCHANGE.

(a) Purpose.--The purpose of this section is to authorize
and direct the Secretary, at the election of the Kenai
Natives Association, to complete the conveyances provided for
in this section.
(b) Definitions.--For purposes of this section--
(1) the term ``ANCSA'' means the Alaska Native Claims
Settlement Act of 1971 (43 U.S.C. 1601 et seq.);
(2) the term ``ANILCA'' means the Alaska National Interest
Lands Conservation Act (Public Law 96-487; 94 Stat. 2371 et
seq.);
(3) the term ``conservation system unit'' has the same
meaning as in section 102(4) of ANILCA (16 U.S.C. 3102 (4));
(4) the term ``CIRI'' means Cook Inlet Region, Inc., a
Native Regional Corporation incorporated in the State of
Alaska pursuant to the terms of ANCSA;
(5) the term ``EVOS'' means the Exxon Valdez oil spill;
(6) the term ``KNA'' means the Kenai Natives Association,
Inc., an urban corporation incorporated in the State of
Alaska pursuant to the terms of ANCSA;
(7) the term ``lands'' means any lands, waters, or
interests therein;
(8) the term ``Refuge'' means the Kenai National Wildlife
Refuge;
(9) the term ``Secretary'' means the Secretary of the
Interior;
(10) the term ``Service'' means the United States Fish and
Wildlife Service; and
(11) the term ``Terms and Conditions'' means the Terms and
Conditions for Land Consolidation and Management in the Cook
Inlet Area, as clarified on August 31, 1976, ratified by
section 12 of Public Law 94-204 (43 U.S.C. 1611 note).
(c) Acquisition of Lands.--
(1) Offer to kna.--
(A) In general.--Subject to the availability of funds
identified in paragraph (2)(C), no later than 90 days after
the date of enactment of this Act, the Secretary shall offer
to convey to KNA the interests in land and rights set forth
in paragraph (2)(B), subject to valid existing rights, in
turn for the conveyance by KNA to the United States of the
interests in land or relinquishment of ANCSA selections set
forth in paragraph (2)(A). Payment for the lands conveyed to
the United States by KNA is contingent upon KNA's acceptance
of the entire conveyance outlined herein.
(B) Limitation.--The Secretary may not convey any lands or
make payment to KNA under this section unless title to the
lands to be conveyed by KNA under this section has been found
by the United States to be sufficient in accordance with the
provisions of section 355 of the Revised Statutes (40 U.S.C.
255).
(2) Acquisition lands.--
(A) Lands to be conveyed to the united states.--The lands
to be conveyed by KNA to the United States, or the valid
selection rights under ANCSA to be relinquished, all situated
within the boundary of the Refuge, are the following:
(i) The conveyance of approximately 803 acres located along
and on islands within the Kenai River, known as the Stephanka
Tract.
(ii) The conveyance of approximately 1,243 acres located
along the Moose River, known as the Moose River Patented
Lands Tract.
(iii) The relinquishment of--

(I) KNA's selection known as the Moose River Selected
Tract, containing approximately 753 acres located along the
Moose River;
(II) KNA's remaining ANCSA entitlement of approximately 454
acres; and
(III) all KNA's remaining over selections.

Upon completion of all relinquishments specified in this
paragraph, all KNA's entitlement shall be deemed to be
extinguished and the completion of this acquisition shall
satisfy all KNA's ANCSA acreage entitlement.
(iv) The conveyance of an access easement providing the
United States and its assigns access across KNA's surface
estate in SW\1/4\ of section 21, T.6N., R.9W., Seward
Meridian, Alaska.
(v) The conveyance of approximately 100 acres within the
Beaver Creek Patented Tract, which is contiguous to lands
being retained by the United States contiguous to the Beaver
Creek Patented Tract, in exchange for 280 acres of Service
lands currently situated within the Beaver Creek Selected
Tract.
(B) Lands to be conveyed to kna.--The rights provided or
lands to be conveyed by the United States to KNA, are the
following:
(i) The surface and subsurface estate to approximately 5
acres, subject to reservations of easements for existing
roads and utilities, located within the City of Kenai,
Alaska, identified as United States Survey 1435, withdrawn by
Executive Order 2934, and known as the old Fish and Wildlife
Service Headquarters site.
(ii) The remaining subsurface estate held by the United
States to approximately 13,811 acres, including portions of
the Beaver Creek Selected Tract, and portions of the Swanson
River Road West Tract and the Swanson River Road East Tract,
where the surface was previously or will be conveyed to KNA
pursuant to this section. The conveyance of these subsurface
interests shall be subject to the rights and obligations of
CIRI to the coal, oil, and gas, and to all rights and
obligations of CIRI, its successors, and assigns would have
under paragraph 1(B) of the Terms and Conditions, including
the right to sand and gravel, to construct facilities, to
have rights-of-way, and to otherwise develop its subsurface
interests.
(iii)(I) The nonexclusive right to use sand and gravel
which is reasonably necessary for on-site development without
compensation or permit on

[[Page H10998]]

those portions of the Swanson River Road East Tract,
comprising approximately 1,738.04 acres; where the entire
subsurface of the land is presently owned by the United
States. The United States shall retain the ownership of all
other sand and gravel located within the subsurface and KNA
shall not sell or dispose of such sand and gravel.
(II) The right to excavate within the subsurface estate as
reasonably necessary for structures, utilities,
transportation systems, and other development of the surface
estate.
(iv) The nonexclusive right to excavate within the
subsurface estate as reasonably necessary for structures,
utilities, transportation systems, and other development of
the surface estate on the SW\1/4\ section 21, T.6N., R.9W.,
Seward Meridian, Alaska, where the entire subsurface of the
land is owned by the United States and which public lands
shall continue to be withdrawn from mining following their
removal from the Refuge boundary under subsection (d)(1)(A).
The United States shall retain the ownership of all other
sand and gravel located within the subsurface of this parcel.
(v) The surface estate of approximately 280 acres known as
the Beaver Creek Selected Tract. This tract shall be conveyed
to KNA in exchange for lands conveyed to the Unite States as
described in paragraph (2)(A)(ii).
(C) Payment.--The United States shall make a total cash
payment to KNA for the above-described lands described in
subparagraph (B) of $4,443,000, contingent upon the
appropriate approvals of the Federal or State of Alaska EVOS
Trustees (or both) necessary for any expenditure of the EVOS
settlement funds.
(D) National register of historic places.--Upon completion
of the acquisition authorized in paragraph (1)(A), the
Secretary shall, at no cost to KNA, in coordination with KNA,
promptly undertake to nominate the Stephanka Tract to the
National Register of Historic Places, in recognition of the
archaeological artifacts from the original Dena'ina
Settlement. If the Department of the Interior establishes a
historical, cultural, or archaeological interpretive site,
KNA shall have the exclusive right to operate a Dena'ina
interpretive site on the Stephanka Tract under the
regulations and policies of the department. If KNA declines
to operate such a site, the Department may do so under its
existing authorities. Prior to the Department undertaking any
archaeological activities whatsoever on the Stephanka Tract,
KNA shall be consulted.
(d) General Provisions.--
(1) Removal of kna lands from the national wildlife refuge
system.--
(A) In general.--Effective on the date of closing for the
Acquisition Lands identified in subsection (c)(2)(B), all
lands retained by or conveyed to KNA pursuant to this
section, and the subsurface interests of CIRI underlying such
lands shall be automatically removed from the National
Wildlife Refuge System and shall neither be considered as
part of the Refuge nor subject to any laws pertaining solely
to lands within the boundaries of the Refuge. The conveyance
restrictions imposed by section 22(g) of ANCSA (i) shall then
be ineffective and cease to apply to such interests of KNA
and CIRI, and (ii) shall not be applicable to the interests
received by KNA in accordance with subsection (b)(2)(B) or to
the CIRI interests underlying them. The Secretary shall
adjust the boundaries of the Refuge so as to exclude all
interests in lands retained or received in exchange by KNA in
accordance with this section, including both surface and
subsurface, and shall also exclude all interests currently
held by CIRI. On lands within the Swanson River Road East
Tract, the boundary adjustment shall only include the surface
estate where the subsurface estate is retained by the United
States.
(B) Agreement.--(i) The Secretary, KNA, and CIRI shall
execute an agreement within 45 days of the date of enactment
of this section which preserves CIRI's rights under paragraph
1(B)(1) of the Terms and Conditions, addresses CIRI's
obligations under such paragraph, and adequately addresses
management issues associated with the boundary adjustment set
forth in this section and with the differing interests in
land resulting from enactment of this section.
(ii) In the event that no agreement is executed as provided
for in clause (i), solely for the purposes of administering
CIRI's rights and obligations under paragraph 1(B)(1) of the
Terms and Conditions, the Secretary and CIRI shall be deemed
to have retained their respective rights and obligations with
respect to CIRI's subsurface interests under the requirements
of the terms and Conditions in effect on June 18, 1996.
Notwithstanding the boundary adjustments made pursuant to
this section, conveyances to KNA shall be deemed to remain
subject to the Secretary's and CIRI's rights and obligations
under paragraph 1(B)(1) of the Terms and Conditions.
(C) Authorization.--The Secretary is authorized to acquire
by purchase or exchange, on a willing seller basis only, any
lands retained by or conveyed to KNA. In the event that any
lands owned by KNA are subsequently acquired by the United
States, they shall be automatically included in the Refuge
System. The laws and regulations applicable to Refuge lands
shall then apply to these lands and the Secretary shall then
adjust the boundaries accordingly.
(D) Certain ciri and kna rights.--Nothing in this section
is intended to enlarge or diminish the authorities, rights,
duties, obligations, or the property rights held by CIRI
under the Terms and Conditions, or otherwise except as set
forth in this section. In the event of the purchase by the
United States of any lands from KNA in accordance with
subsection (c)(1)(C), the United States shall reassume from
KNA the rights it previously held under the Terms and
Conditions and the provisions in any patent implementing
section 22(g) of ANCSA will again apply.
(E) Certain in-lieu subsurface entitlement.--By virtue of
implementation of this section, CIRI is deemed entitled to
1,207 acres of in-lieu subsurface entitlement under section
12(a)(1) of ANCSA. Such entitlement shall be fulfilled in
accordance with paragraph 1(B)(2)(A) of the Terms and
Conditions.
(e) Maps and Legal Descriptions.--Maps and a legal
description of the lands described above in subsection (c)(2)
shall be on file and available for public inspection in the
appropriate offices of the United States Department of the
Interior, and the Secretary shall, no later than 90 days
after enactment of this section, prepare a legal description
of the lands described in subsection (c)(2)(A)(v). Such maps
and legal description shall have the same force and effect as
if included in this section, except that the Secretary may
correct clerical and typographical errors.
(f) Acceptance.--KNA may accept the offer made in this
section by notifying the Secretary in writing of its decision
within 180 days of receipt of the offer. In the event the
offer is rejected, the Secretary shall notify the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources and the Committee
on Environment and Public Works of the Senate.
(g) Final Maps.--Not later than 120 days after the
conclusion of the acquisition authorized by subsection (c),
the Secretary shall transmit a final report and maps
accurately depicting the lands transferred and conveyed
pursuant to this section and the acreage and legal
descriptions of such lands to the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources and the Committee on Environment and Public
Works of the Senate.
(h) Adjustments to National Wilderness System.--Upon
acquisition of lands by the United States pursuant to
subsection (c)(2)(A), that portion of the Stephanka Tract
lying south and west of the Kenai River, consisting of
approximately 592 acres, shall be included in and managed in
accordance with the applicable provisions of the Wilderness
Act and ANILCA.
(i) Designation of Lake Todatonen Special Management
Area.--To offset the removal of KNA lands from the Refuge
System, the Secretary is hereby authorized to withdraw,
subject to valid existing rights, and to create as a special
management unit for uses other than Wilderness, including the
protection of fish, wildlife, and habitat, certain
unappropriated and unreserved public lands, totaling
approximately 15,500 acres adjacent to the west boundary of
the Kanuti National Wildlife Refuge to be known as the ``Lake
Todatonten Special Management Area'', from the 37,000 acres
as depicted on the map entitled Proposed: Lake Todatonten
Special Management Area, dated June 13, 1996, and to be
managed by the Bureau of Land Management. Such withdrawal
shall not include any validly selected land by the State of
Alaska or Alaska Native Corporation or any lands that the
Secretary determines has mineral potential based on surveys
conducted or to be conducted by the United States Geological
Survey. Such withdrawals shall not occur, however, until the
Secretary has complied with the requirements of subparagraphs
(1) through (12) of paragraph 204(c)(2) of FLPMA. The
Secretary may study the remaining lands within the area
depicted on the map for future potential withdrawal pursuant
to section 204 of FLPMA.
(j) Management.--
(1) Such designation is subject to all valid existing
rights including R.S. 2477 Rights-of-Way, as well as the
subsistence preferences provided under title VIII of ANILCA.
(2)(A) The BLM shall establish the Lake Todatonten Special
Management Area Committee. The membership of the Committee
shall consist of 11 members as follows:
(i) Two residents each from the villages of Alatna,
Allakaket, Hughes, and Tanana.
(ii) One representative from each of Doyon Corporation, the
Tanana Chiefs Conference, and the State of Alaska.
(B) Members of the Committee shall serve without pay.
(C) The BLM shall hold meetings of the Lake Todatonten
Special Management Area Committee at least once per year to
discuss management issues within the Special Management Area.
The BLM shall not allow any new type of activity in the
Special Management Area without first conferring with the
Committee in a timely manner.
(k) Access.--The Secretary shall allow the following:
(1) Private access for any purpose, including economic
development, to lands within the boundaries of the Special
Management Area which are owned by third parties or are held
in trust by the Secretary for third parties pursuant to the
Alaska Native Allotment Act (25 U.S.C. 336). Such rights may
be subject to restrictions issued by the BLM to protect
subsistence uses of Special Management Area.
(2) Section 1110 of ANILCA shall apply to the Special
Management Area.
(l) Secretarial Order and Maps.--The Secretary shall file
with the Committee on Resources of the United States House of
Representatives and the Committee and Energy and Natural
Resources of the United States Senate, the Secretarial Order
and maps setting forth the boundaries of the Area within 90
days of the completion of the acquisition authorized by this
section. Once established, this Order may only be amended or
revoked by Act of Congress.
(m) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the purposes of this section.
TITLE IV--RIVERS AND TRAILS

SEC. 401. CACHE LA POUDRE CORRIDOR.

(a) Purpose.--The purpose of this section is to designate
the Cache La Poudre Corridor

[[Page H10999]]

within the Cache La Poudre River Basin and to provide for the
interpretation, for the educational and inspirational benefit
of present and future generations, of the unique and
significant contributions to our national heritage of
cultural and historical lands, waterways, and structures
within the Area.
(b) Definitions.--As used in this section:
(1) Commission.--The term ``Commission'' means the Cache La
Poudre Corridor Commission established by subsection (f)(1).
(2) Corridor.--The term ``Corridor'' means the Cache La
Poudre Corridor established by section 401(c).
(3) Governor.--The term ``Governor'' means the Governor of
the State of Colorado.
(4) Plan.--The term ``Plan'' means the interpretation plan
prepared by the Commission pursuant to subsection (j)(1).
(5) Political subdivision of the state.--The term
``political subdivision of the State'' means a political
subdivision of the State of Colorado, any part of which is
located in or adjacent to the Corridor, including a county,
city, town, water conservancy district, or special district.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment.--There is established in the State of
Colorado the Cache La Poudre Corridor.
(d) Boundaries.--The boundaries of this Corridor shall
include those lands within the 100-year flood plain of the
Cache La Poudre River Basin, beginning at a point where the
Cache La Poudre River flows out of the Roosevelt National
Forest and continuing east along said floodplain to a point
one quarter of one mile west of the confluence of the Cache
La Poudre River and the South Platte Rivers in Weld County,
Colorado, comprising less than 35,000 acres, and generally
depicted as the 100-year flood boundary on the Federal Flood
Insurance maps listed below:
(1) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0146B, April 2, 1979. United
States Department of Housing and Urban Development, Federal
Insurance Administration.
(2) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0147B, April 2, 1979. United
States Department of Housing and Urban Development, Federal
Insurance Administration.
(3) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0162B, April 2, 1979. United
States Department of Housing and Urban Development, Federal
Insurance Administration.
(4) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0163C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance
Administration.
(5) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0178C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance
Administration.
(6) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080102 0002B, February 15, 1984. Federal
Emergency Management Agency, Federal Insurance
Administration.
(7) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0179C, March 18, 1986. Federal
Emergency Management Agency, Federal Insurance
Administration.
(8) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0193D, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance
Administration.
(9) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0194D, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance
Administration.
(10) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0208C, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance
Administration.
(11) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080101 0221C, November 17, 1993. Federal
Emergency Management Agency, Federal Insurance
Administration.
(12) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0605D, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance
Administration.
(13) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080264 0005A, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance
Administration.
(14) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0608D, September 27, 1991. Federal
Emergency Management Agency, Federal Insurance
Administration.
(15) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0609C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance
Administration.
(16) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0628C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance
Administration.
(17) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080184 0002B, July 16, 1979. United
States Department of Housing and Urban Development, Federal
Insurance Administration.
(18) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0636C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance
Administration.
(19) Flood insurance rate map, larimer county, colorado.--
Community-Panel No. 080266 0637C, September 28, 1982. Federal
Emergency Management Agency, Federal Insurance
Administration.

As soon as practicable after the date of enactment of this
Act, the Secretary shall publish in the Federal Register a
detailed description and map of the boundaries of the
Corridor.
(e) Public Access to Maps.--The maps shall be on file and
available for public inspection in--
(1) the offices of the Department of the Interior in
Washington, District of Columbia, and Denver, Colorado; and
(2) local offices of the city of Fort Collins, Larimer
Country, the city of Greeley, and Weld County.
(f) Establishment of the Cache La Poudre Corridor
Commission.--
(1) Establishment.--
(A) In general.--There is established the Cache La Poudre
Corridor Commission.
(B) Function.--The Commission, in consultation with
appropriate Federal, State, and local authorities, shall
develop and implement an integrated plan to interpret
elements of the history of water development within the
Corridor.
(2) Membership.--The Commission shall be composed of 15
members appointed not later than 6 months after the date of
enactment of this title. Of these 15 members--
(A) 1 member shall be a representative of the Secretary of
the Interior which member shall be an ex officio member;
(B) 1 member shall be a representative of the Forest
Service, appointed by the Secretary of Agriculture, which
member shall be an ex officio member;
(C) 3 members shall be recommended by the Governor and
appointed by the Secretary, of whom--
(i) 1 member shall represent the State;
(ii) 1 member shall represent Colorado State University in
Fort Collins; and
(iii) 1 member shall represent the Northern Colorado Water
Conservancy District;
(iv) 6 members shall be representatives of local
governments who are recommended by the Governor and appointed
by the Secretary, of whom--

(I) 1 member shall represent the city of Fort Collins;
(II) 2 members shall represent Larimer County, 1 of which
shall represent agriculture or irrigated water interests;
(III) 1 member shall represent the city of Greeley;
(IV) 2 members shall represent Weld County, 1 of which
shall represent agricultural or irrigated water interests;
and
(V) 1 member shall represent the city of Loveland; and

(v) 3 members shall be recommended by the Governor and
appointed by the Secretary, and shall--

(I) represent the general public;
(II) be citizens of the State; and
(III) reside within the Area.

(3) Chairperson.--The chairperson of the Commission shall
be elected by the members of the Commission from among
members appointed under clauses (iiii), (iv), or (v) of
subparagraph (A). The chairperson shall be elected for a 2-
year term.
(4) Vacancies.--A vacancy on the Commission shall be filled
in the same manner in which the original appointment was
made.
(5) Terms of service.--
(A) In general.--Except as provided in subparagraphs (B)
and (C), each member of the Commission shall be appointed for
a term of 3 years and may be reappointed.
(B) Initial members.--The initial members of the Commission
first appointed under paragraph (2)(A) shall be appointed as
follows:
(i) 3-year terms.--The following initial members shall
serve for a 3-year term:

(I) The representative of the Secretary of the Interior.
(II) 1 representative of Weld County.
(III) 1 representative of Larimer County.
(IV) 1 representative of the city of Loveland.
(V) 1 representative of the general public.

(ii) 2-year terms.--The following initial members shall
serve for a 2-year term:

(I) The representative of the Forest Service.
(II) The representative of the State.
(III) The representative of Colorado State University.
(IV) The representative of the Northern Colorado Water
Conservancy District.

(iii) 1-year terms.--The following initial members shall
serve for a 1-year term:

(I) 1 representative of the city of Fort Collins.
(II) 1 representative of Larimer County.
(III) 1 representative of the city of Greeley.
(IV) 1 representative of Weld County.
(V) 1 representative of the general public.

(C) Partial terms.--
(i) Filling vacancies.--A member of the Commission
appointed to fill a vacancy occurring before the expiration
of the term for which a predecessor was appointed shall be
appointed only for the remainder of their term.
(ii) Extended service.--A member of the Commission may
serve after the expiration of that member's term until a
successor has taken office.
(6) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission.
(7) Travel expenses.--While away from their homes or
regular places of business in the performance of services for
the Commission, members shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service
are allowed expenses under section 5703 of title 5, United
States Code.

[[Page H11000]]

(g) Staff of the Commission.--
(1) Staff.--The Commission shall have the power to appoint
and fix the compensation of such staff as may be necessary to
carry out the duties of the Commission.
(A) Appointment and compensation.--Staff appointed by the
Commission--
(i) shall be appointed without regard to the civil service
laws and regulations; and
(ii) shall be compensated without regard to the provisions
of chapter 51 and subchapter III of chapter 53 of title 5,
United States Code, relating to classification of positions
and General Schedule pay rates.
(2) Experts and consultants.--Subject to such rules as may
be adopted by the Commission, the Commission may procure
temporary and intermittent services to the same extent as is
authorized by section 3109(b) of title 5, United States Code,
at rates for individuals that do not exceed the daily
equivalent of the annual rate of basic pay prescribed for
level V of the Executive Schedule under section 5316 of such
title.
(3) Staff of other agencies.--
(A) Federal.--Upon request of the Commission, the head of a
Federal agency may detail, on a reimbursement basis, any of
the personnel of the agency to the Commission to assist the
Commission in carrying out the Commission's duties. The
detail shall be without interruption or loss of civil service
status or privilege.
(B) Administrative support services.--The Administrator of
the General Services Administration shall provide to the
Commission, on a reimbursable basis, such administrative
support services as the Commission may request.
(C) State.--The Commission may--
(i) accept the service of personnel detailed from the
State, State agencies, and political subdivisions of the
State; and
(ii) reimburse the State, State agency, or political
subdivision of the State for such services.
(h) Powers of the Commission.--
(1) Hearings.--
(A) In general.--The Commission may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Commission considers necessary
to carry out this title.
(B) Subpoenas.--The Commission may not issue subpoenas or
exercise any subpoena authority.
(2) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(3) Matching funds.--The Commission may use its funds to
obtain money from any source under a program or law requiring
the recipient of the money to make a contribution in order to
receive the money.
(4) Gifts.--
(A) In general.--Except as provided in subsection (e)(3),
the Commission may, for the purpose of carrying out its
duties, seek, accept, and dispose of gifts, bequests, or
donations of money, personal property, or services received
from any source.
(5) Real property.--
(A) In general.--Except as provided in subparagraph (B),
the Commission may not acquire real property or an interest
in real property.
(B) Exception.--Subject to subparagraph (C), the Commission
may acquire real property in the Corridor, and interests in
real property in the Corridor--
(i) by gift or device;
(ii) by purchase from a willing seller with money that was
given or bequeathed to the Commission; or
(iii) by exchange.
(C) Conveyance to public agencies.--Any real property or
interest in real property acquired by the Commission under
subparagraph (B) shall be conveyed by the Commission to an
appropriate non-Federal public agency, as determined by the
Commission. The conveyance shall be made--
(i) as soon as practicable after acquisition;
(ii) without consideration; and
(iii) on the condition that the real property or interest
in real property so conveyed is used in furtherance of the
purpose for which the Area is established.
(6) Cooperative agreements.--For the purpose of carrying
out the Plan, the Commission may enter into cooperative
agreements with Federal agencies, State agencies, political
subdivisions of the State, and persons. Any such cooperative
agreement shall, at a minimum, establish procedures for
providing notice to the Commission of any action that may
affect the implementation of the Plan.
(7) Advisory groups.--The Commission may establish such
advisory groups as it considers necessary to ensure open
communication with, and assistance from Federal agencies,
State agencies, political subdivisions of the State, and
interested persons.
(8) Modification of plans.--
(A) In general.--The Commission may modify the Plan if the
Commission determines that such modification is necessary to
carry out this section.
(B) Notice.--No modification shall take effect until--
(i) any Federal agency, State agency, or political
subdivision of the State that may be affected by the
modification receives adequate notice of, and an opportunity
to comment on, the modification;
(ii) if the modification is significant, as determined by
the Commission, the Commission has--

(I) provided adequate notice of the modification by
publication in the area of the Corridor; and
(II) conducted a public hearing with respect to the
modification; and
(III) the Governor has approved the modification.

(i) Duties of the Commission.--
(1) Plan.--The Commission shall prepare, obtain approval
for, implement, and support the Plan in accordance with
subsection (j).
(2) Meetings.--
(A) Timing.--
(i) Initial meeting.--The Commission shall hold its first
meeting not later than 90 days after the date on which its
last initial member is appointed.
(ii) Subsequent meetings.--After the initial meeting, the
Commission shall meet at the call of the chairperson or 7 of
its members, except that the commission shall meet at least
quarterly .
(B) Quorum.--Ten members of the Commission shall constitute
a quorum, but a lesser number of members may hold hearings.
(C) Budget.--The affirmative vote of not less than 10
members of the Commission shall be required to approve the
budget of the Commission.
(3) Annual reports.--Not later than May 15 of each year,
following the year in which the members of the Commission
have been appointed, the Commission shall publish and submit
to the Secretary and to the Governor, an annual report
concerning the Commission's activities.
(j) Preparation, Review, and Implementation of the Plan.--
(1) Preparation of plan.--
(A) In general.--Not later than 2 years after the
Commission conducts its first meeting, the Commission shall
submit to the Governor an Interpretation Plan.
(B) Development.--In developing the Plan, the Commission
shall--
(i) consult on a regular basis with appropriate officials
of any Federal or State agency, political subdivision of the
State, and local government that has jurisdiction over or an
ownership interest in land, water, or water rights within the
Area; and
(ii) conduct public hearings within the Area for the
purpose of providing interested persons the opportunity to
testify about matters to be addressed by the Plan.
(C) Relationship to existing plans.--The Plan--
(i) shall recognize any existing Federal, State, and local
plans;
(ii) shall not interfere with the implementation,
administration, or amendment of such plans; and
(iii) to the extent feasible, shall seek to coordinate the
plans and present a unified interpretation plan for the
Corridor.
(2) Review of plan.--
(A) In general.--The Commission shall submit the Plan to
the Governor for his review.
(B) Governor.--The Governor may review the Plan and if he
concurs in the Plan, may submit the Plan to the Secretary,
together with any recommendations.
(C) Secretary.--The Secretary shall approve or disapprove
the Plan within 90 days. In reviewing the Plan, the Secretary
shall consider the adequacy of--
(i) public participation; and
(ii) the Plan in interpreting, for the educational and
inspirational benefit of present and future generations, the
unique and significant contributions to our national heritage
of cultural and historical lands, waterways, and structures
within the Corridor.
(3) Disapproval of plan.--
(A) Notification by secretary.--If the Secretary
disapproves the Plan, the Secretary shall, not later than 60
days after the date of disapproval, advise the Governor and
the Commission of the reasons for disapproval, together with
recommendations for revision.
(B) Revision and resubmission to governor.--Not later than
90 days after receipt of the notice of disapproval, the
Commission shall revise and resubmit the Plan to the Governor
for review.
(C) Resubmission to secretary.--If the Governor concurs in
the revised Plan, he may submit the revised Plan to the
Secretary who shall approve or disapprove the revision within
60 days. If the Governor does not concur in the revised Plan,
he may resubmit it to the Commission together with his
recommendations for further consideration and modification.
(4) Implementation of plan.--After approval by the
Secretary, the Commission shall implement and support the
Plan as follows:
(A) Cultural resources.--
(i) In general.--The Commission shall assist Federal
agencies, State agencies, political subdivisions of the
State, and nonprofit organizations in the conservation and
interpretation of cultural resources within the Corridor.
(ii) Exception.--In providing the assistance, the
Commission shall in no way infringe upon the authorities and
policies of a Federal agency, State agency, or political
subdivision of the State concerning the administration and
management of property, water, or water rights held by such
agency, political subdivision, or private persons or
entities, or affect the jurisdiction of the State of Colorado
over any property, water, or water rights within the
Corridor.
(B) Public awareness.--The Commission shall assist in the
enhancement of public awareness of, and appreciation for, the
historical, recreational, architectural, and engineering
structures in the Area, and the archaeological, geological,
and cultural resources and sites in the Corridor--
(i) by encouraging private owners of identified structures,
sites, and resources to adopt voluntary measures for the
preservation of the identified structure, site, or resource;
and
(ii) by cooperating with Federal agencies, State agencies,
and political subdivisions of the State in acquiring, on a
willing seller basis, any identified structure, site, or
resource which the Commission, with the concurrence of the
Governor, determines should be acquired and held by an agency
of the State.
(C) Restoration.--The Commission may assist Federal
agencies, State agencies, political subdivisions of the
State, and nonprofit organizations in the restoration of any
identified

[[Page H11001]]

structure or site in the Corridor with consent of the owner.
The assistance may include providing technical assistance for
historic preservation, revitalization, and enhancement
efforts.
(D) Interpretation.--The Commission shall assist in the
interpretation of the historical, present, and future uses of
the Corridor--
(i) by consulting with the Secretary with respect to the
implementation of the Secretary's duties under subsection
(l);
(ii) by assisting the State and political subdivisions of
the State in establishing and maintaining visitor orientation
centers and other interpretive exhibits within the Corridor;
(iii) by encouraging voluntary cooperation and
coordination, with respect to ongoing interpretive services
in the Corridor, among Federal agencies, State agencies,
political subdivisions of the State, nonprofit organizations,
and private citizens; and
(iv) by encouraging Federal agencies, State agencies,
political subdivisions of the State, and nonprofit
organizations to undertake new interpretive initiatives with
respect to the Corridor.
(E) Recognition.--The Commission shall assist in
establishing recognition for the Corridor by actively
promoting the cultural, historical, natural, and recreational
resources of the Corridor on a community, regional,
statewide, national, and international basis.
(F) Land exchanges.--The Commission shall assist in
identifying and implementing land exchanges within the State
of Colorado by Federal and State agencies that will expand
open space and recreational opportunities within the flood
plain of the Corridor.
(k) Termination of Travel Expenses Provision.--Effective on
the date that is 5 years after the date on which the
Secretary approves the Plan, members of the Commission may no
longer receive reimbursement for travel expenses.
(l) Duties of the Secretary.--
(1) Acquisition of land.--The Secretary may acquire land
and interests in land within the Corridor that have been
specifically identified by the Commission for acquisition by
the Federal Government and that have been approved for such
acquisition by the Governor and the political subdivision of
the State where the land is located by donation, purchase
with donated or appropriated funds, or exchange. Acquisition
authority may only be used if such lands cannot be acquired
by donation or exchange. No land or interest in land may be
acquired without the consent of the owner.
(2) Technical assistance.--The Secretary shall, upon the
request of the Commission, provide technical assistance to
the Commission in the preparation and implementation of the
Plan pursuant to subsection (j).
(3) Detail.--Each fiscal year during the existence of the
Commission, the Secretary shall detail to the Commission, on
a nonreimbursable basis, 2 employees of the Department of the
Interior to enable the Commission to carry out the
Commission's duties under subsection (i).
(m) Other Federal Entities.--
(1) Duties.--Subject to subsection (a), a Federal entity
conducting or supporting activities directly affecting the
flow of the Cache La Poudre River through the Corridor, or
the natural resources of the Corridor shall consult with the
Commission with respect to such activities;
(2) Authorization.--
(A) In general.--The Secretary or Administrator of a
Federal agency may acquire land in the flood plain of the
Corridor by exchange for other lands within such agency's
jurisdiction within the State of Colorado, based on fair
market value: Provided, That such lands have been identified
by the Commission for acquisition by a Federal agency and the
Governor and the political subdivision of the State or the
owner where the lands are located concur in the exchange.
Land so acquired shall be used to fulfill the purpose for
which the Corridor is established.
(B) Authorization to convey property.--The Federal Property
and Administrative Services Act of 1949 shall not apply to
any property within the State of Colorado for the Cache La
Poudre Corridor.''.
(n) Effect on Environmental and Other Standards,
Restrictions, and Savings Provisions.--
(1) Effect on environmental and other standards.--
(A) Voluntary cooperation.--In carrying out this section,
the Commission and Secretary shall emphasize voluntary
cooperation.
(B) Rules, regulations, standards, and permit processes.--
Nothing in this section shall be considered to impose or form
the basis for imposition of any environmental, occupational,
safety, or other rule, regulation, standard, or permit
process that is different from those that would be applicable
had the Corridor not been established.
(C) Environmental quality standards.--Nothing in this
section shall be considered to impose the application or
administration of any Federal or State environmental quality
standard that is different from those that will be applicable
had the Corridor not been established.
(D) Water standards.--Nothing in this section shall be
considered to impose any Federal or State water use
designation or water quality standard upon uses of, or
discharges to, waters of the State or waters of the United
States, within or adjacent to the Corridor, that is more
restrictive than those that would be applicable had the
Corridor not been established.
(E) Permitting of facilities.--Nothing in the establishment
of the Corridor shall abridge, restrict, or alter any
applicable rule, regulation, standard, or review procedure
for permitting of facilities within or adjacent to the
Corridor.
(F) Water facilities.--Nothing in the establishment of the
Corridor shall affect the continuing use and operation,
repair, rehabilitation, expansion, or new construction of
water supply facilities, water and wastewater treatment
facilities, stormwater facilities, public utilities, and
common carriers.
(G) Water and water rights.--Nothing in the establishment
of the Corridor shall be considered to authorize or imply the
reservation or appropriation of water or water rights for any
purpose.
(2) Restrictions on commission and secretary.--Nothing in
this section shall be construed to vest in the Commission or
the Secretary the authority to--
(A) require a Federal agency, State agency, political
subdivision of the State, or private person (including an
owner of private property) to participate in a project or
program carried out by the Commission or the Secretary under
the title;
(B) intervene as a party in an administrative or judicial
proceeding concerning the application or enforcement of a
regulatory authority of a Federal agency, State agency, or
political subdivision of the State, including, but not
limited to, authority relating to land use regulation;
environmental quality; licensing; permitting; easements;
private land development; or other occupational or access
issue;
(C) establish or modify a regulatory authority of a Federal
agency, State agency, or political subdivision of the State,
including authority relating to--
(i) land use regulation;
(ii) environmental quality; or
(iii) pipeline or utility crossings;
(D) modify a policy of a Federal agency, State agency, or
political subdivision of the State;
(E) attest in any manner the authority and jurisdiction of
the State with respect to the acquisition of lands or water,
or interest in lands or water;
(F) vest authority to reserve or appropriate water or water
rights in any entity for any purpose;
(G) deny, condition, or restrict the construction, repair,
rehabilitation, or expansion of water facilities, including
stormwater, water, and wastewater treatment facilities; or
(H) deny, condition, or restrict the exercise of water
rights in accordance with the substantive and procedural
requirements of the laws of the State.
(3) Savings provision.--Nothing in this section shall
diminish, enlarge, or modify a right of a Federal agency,
State agency, or political subdivision of the State--
(A) to exercise civil and criminal jurisdiction within the
Corridor; or
(B) to tax persons, corporations, franchises, or property,
including minerals and other interests in or on lands or
waters within the urban river corridor portions of the
Corridor.
(4) Access to private property.--Nothing in this section
requires an owner of private property to allow access to the
property by the public.
(o) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
not to exceed $50,000 to the Commission to carry out this
section.
(2) Matching funds.--Funds may be made available pursuant
to this subsection only to the extent they are matched by
equivalent funds or in-kind contributions of services or
materials from non-Federal sources.

SEC. 402. RIO PUERCO WATERSHED.

(a) Management Program.--
(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management shall--
(A) in consultation with the Rio Puerco Management
Committee established by subsection (b)--
(i) establish a clearinghouse for research and information
on management within the area identified as the Rio Puerco
Drainage Basin, as depicted on the map entitled ``the Rio
Puerco Watershed'' dated June 1994, including--

(I) current and historical natural resource conditions; and
(II) data concerning the extent and causes of watershed
impairment; and

(ii) establish an inventory of best management practices
and related monitoring activities that have been or may be
implemented within the area identified as the Rio Puerco
Watershed Project, as depicted on the map entitled ``the Rio
Puerco Watershed'' dated June 1994; and
(B) provide support to the Rio Puerco Management Committee
to identify objectives, monitor results of ongoing projects,
and develop alternative watershed management plans for the
Rio Puerco Drainage Basin, based on best management
practices.
(2) Rio puerco management report.--
(A) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary of the Interior, in
consultation with the Rio Puerco Management Committee, shall
prepare a report for the improvement of watershed conditions
in the Rio Puerco Drainage Basin described in paragraph
(1)(A).
(B) Contents.--The report under subparagraph (A) shall--
(i) identify reasonable and appropriate goals and
objectives for landowners and managers in the Rio Puerco
watershed;
(ii) describe potential alternative actions to meet the
goals and objectives, including proven best management
practices and costs associated with implementing the actions;
(iii) recommend voluntary implementation of appropriate
best management practices on public and private lands;
(iv) provide for cooperative development of management
guidelines for maintaining and improving the ecological,
cultural, and economic conditions on public and private
lands;
(v) provide for the development of public participation and
community outreach programs that would include proposals
for--

(I) cooperative efforts with private landowners to
encourage implementation of best management practices within
the watershed; and

[[Page H11002]]

(II) Involvement of private citizens in restoring the
watershed;

(vi) provide for the development of proposals for voluntary
cooperative programs among the members of the Rio Puerco
Management Committee to implement best management practices
in a coordinated, consistent, and cost-effective manner;
(vii) provide for the encouragement of, and support
implementation of, best management practices on private
lands; and
(viii) provide for the development of proposals for a
monitoring system that--

(I) builds on existing data available from private,
Federal, and State sources;
(II) provides for the coordinated collection, evaluation,
and interpretation of additional data as needed or collected;
and
(III) will provide information to assess existing resource
and socioeconomic conditions; identify priority
implementation actions; and assess the effectiveness of
actions taken.

(b) Rio Puerco Management Committee.--
(1) Establishment.--There is established the Rio Puerco
Management Committee (referred to in this section as the
``Committee'').
(2) Membership.--The Committee shall be convened by a
representative of the Bureau of Land Management and shall
include representatives from--
(A) the Rio Puerco Watershed Committee;
(B) affected tribes and pueblos;
(C) the National Forest Service of the Department of
Agriculture;
(D) the Bureau of Reclamation;
(E) the United States Geological Survey;
(F) the Bureau of Indian Affairs;
(G) the United States Fish and Wildlife Service;
(H) the Army Corps of Engineers;
(I) the Natural Resources Conservation Service of the
Department of Agriculture;
(J) the State of New Mexico, including the New Mexico
Environment Department of the State Engineer;
(K) affected local soil and water conservation districts;
(L) the Elephant Butte Irrigation District;
(M) private landowners; and
(N) other interested citizens.
(3) Duties.--The Rio Puerco Management Committee shall--
(A) advise the Secretary of the Interior, acting through
the Director of the Bureau of Land Management, on the
development and implementation of the Rio Puerco Management
Program described in subsection (a); and
(B) serve as a forum for information about activities that
may affect or further the development and implementation of
the best management practices described in subsection (a)
(4) Termination.--The Committee shall terminate on the date
that is 10 years after the date of enactment of this Act.
(c) Report.--Not later than the date that is 2 years after
the date of enactment of this Act, and biennially thereafter,
the Secretary of the Interior, in consultation with the Rio
Puerco Management Committee, shall transmit to the Committee
on Energy and Natural Resources of the Senate and to the
Committee on Resources of the House of Representatives a
report containing--
(1) a summary of activities of the management program under
subsection (a); and
(2) proposals for joint implementation efforts, including
funding recommendations.
(d) Lower Rio Grande Habitat Study.--
(1) In general.--The Secretary of the Interior, in
cooperation with appropriate State agencies, shall conduct a
study of the Rio Grande that--
(A) shall cover the distance from Caballo Lake to Sunland
Park, New Mexico; and
(B) may cover a greater distance.
(2) Contents.--The study under paragraph (1) shall
include--
(A) a survey of the current habitat conditions of the river
and its riparian environment;
(B) identification of the changes in vegetation and habitat
over the past 400 years and the effect of the changes on the
river and riparian area; and
(C) an assessment of the feasibility, benefits, and
problems associated with activities to prevent further
habitat loss and to restore habitat through reintroduction or
establishment of appropriate native plant species.
(3) Transmittal.--Not later than 3 years after the date on
which funds are made available to carry out this section, the
Secretary of the Interior shall transmit the study under
paragraph (1) to the Committee on Energy and Natural
Resources of the Senate and to the Committee on Resources of
the House of Representatives.
(e) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section a total of
$7,500,000 for the 10 fiscal years beginning after the date
of enactment of this Act.

SEC. 403. OLD SPANISH TRAIL.

Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following new
paragraph:
``( ) The Old Spanish Trail, beginning in Santa Fe, New
Mexico, proceeding through Colorado and Utah, and ending in
Los Angeles, California, and the Northern Branch of the Old
Spanish Trail, beginning near Espanola, New Mexico,
proceeding through Colorado, and ending near Crescent
Junction, Utah.''.

SEC. 404. GREAT WESTERN SCENIC TRAIL.

Section 5(c) of the National Trails System Act (16 U.S.C.
1244(c)) is amended by adding at the end the following new
paragraph:
``( ) The Great Western Scenic Trail, a system of trails
to accommodate a variety of travel users in a corridor of
approximately 3,100 miles in length extending from the
Arizona-Mexico border to the Idaho-Montana-Canada border,
following the approximate route depicted on the map
identified as `Great Western Trail Corridor, 1988', which
shall be on file and available for public inspection in the
Office of the Chief of the Forest Service, United States
Department of Agriculture. The trail study shall be conducted
by the Secretary of Agriculture, in consultation with the
Secretary of the Interior, in accordance with subsection (b)
and shall include--
``(A) the current status of land ownership and current and
potential use along the designated route;
``(B) the estimated cost of acquisition of lands or
interests in lands, if any; and
``(C) an examination of the appropriateness of motorized
trial use along the trail.''.

SEC. 405. RS 2477.

No final rule or regulation of any agency of the Federal
Government pertaining to the recognition, management, or
validity of a right-of-way pursuant to Revised Statute 2477
(43 U.S.C. 932) shall take effect unless expressly authorized
by an Act of Congress subsequent to the date of enactment of
this Act.

SEC. 406. HANFORD REACH PRESERVATION.

Section 2 of Public Law 100-605 is amended as follows:
(1) By striking ``<sup>interim'' in the section heading.
(2) By striking ``For a period of eight years after'' and
inserting ``After'' in subsection (a).
(3) By striking in subsection (b) ``During the eight year
interim protection period, provided by this section, all''
and inserting ``All''.

SEC. 407. LAMPREY WILD AND SCENIC RIVER.

(a) Designation.--Section 3(a) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding the
following new paragraph at the end thereof:
``(157) Lamprey River, New Hampshire.--The 11.5-mile
segment extending from the southern Lee town line to the
confluence with the Piscassic River in the vicinity of the
Durham-Newmarket town line (hereinafter in this paragraph
referred to as the `segment') as a recreational river. The
segment shall be administered by the Secretary of the
Interior through cooperative agreements between the Secretary
and the State of New Hampshire and its relevant political
subdivisions, namely the towns of Durham, Lee, and Newmarket,
pursuant to section 10(e) of this Act. The segment shall be
managed in accordance with the Lamprey River Management Plan
dated January 10, 1995, and such amendments thereto as the
Secretary of the Interior determines are consistent with this
Act. Such plan shall be deemed to satisfy the requirements
for a comprehensive management plan pursuant to section 3(d)
of this Act.''.
(b) Management.--
(1) Committee.--The Secretary of the Interior shall
coordinate his management responsibilities under this Act
with respect to the segment designated by subsection (a) with
the Lamprey River Advisory Committee established pursuant to
New Hampshire RSA 483.
(2) Land management.--The zoning ordinances duly adopted by
the towns of Durham, Lee, and Newmarket, New Hampshire,
including provisions for conservation of shorelands,
floodplains, and wetlands associated with the segment, shall
be deemed to satisfy the standards and requirements of
section 6(c) of the Wild and Scenic Rivers Act, and the
provisions of that section, which prohibit Federal
acquisition of lands by condemnation, shall apply to the
segment designated by subsection (a). The authority of the
Secretary to acquire lands for the purposes of this paragraph
shall be limited to acquisition by donation or acquisition
with the consent of the owner thereof, and shall be subject
to the additional criteria set forth in the Lamprey River
Management Plan.
(c) Upstream Segment.--Upon request by the town of Epping,
which abuts an additional 12 miles of river found eligible
for designation as a recreational river, the Secretary of the
Interior shall offer assistance regarding continued
involvement of the town of Epping in the implementation of
the Lamprey River Management Plan and in consideration of
potential future addition of that portion of the river within
Epping as a component of the Wild and Scenic Rivers System.

SEC. 408. WEST VIRGINIA NATIONAL RIVERS AMENDMENTS OF 1996.

(a) Amendments Pertaining to the New River Gorge National
River.--
(1) Boundaries.--Section 1101 of the National Parks and
Recreation Act of 1978 (16 U.S.C. 460m-15) is amended by
striking out ``NERI-80,023, dated January 1987'' and
inserting ``NERI-80,028A, dated March 1996''.
(2) Fish and wildlife management.--Section 1106 of the
National Parks and Recreation Act of 1978 (16 U.S.C. 460m-20)
is amended by adding the following at the end thereof: ``The
Secretary shall permit the State of West Virginia to
undertake fish stocking activities carried out by the State,
in consultation with the Secretary, on waters within the
boundaries of the national river. Nothing in this Act shall
be construed as affecting the jurisdiction of the State of
West Virginia with respect to fish and wildlife.''.
(3) Conforming amendments.--Title XI of the National Parks
and Recreation Act of 1978 (16 U.S.C. 460m-15 and following)
is amended by adding the following new section at the end
thereof:

``SEC. 1117. APPLICABLE PROVISIONS OF OTHER LAW.

``(a) Cooperative Agreements.--The provisions of section
202(e)(1) of the West Virginia National Interest River
Conservation Act of 1987 (16 U.S.C. 460ww-1(e)(1)) shall
apply to the New River Gorge National River in the same
manner and to the same extent as such provisions apply to the
Gauley River National Recreation Area.
``(b) Remnant Lands.--The provisions of the second sentence
of section 203(a) of the West Virginia National Interest
River Conservation Act of 1987 (16 U.S.C. 460ww-2(a)) shall
apply to

[[Page H11003]]

tracts of land partially within the boundaries of the New
River Gorge National River in the same manner and to the same
extent as such provisions apply to tracts of land only
partially within the Gauley River National Recreation
Area.''.
(b) Visitor Center.--The Secretary of the Interior is
authorized to construct a visitor center and such other
related facilities as may be deemed necessary to facilitate
visitor understanding and enjoyment of the New River Gorge
National River and the Gauley River National Recreation Area
in the vicinity of the confluence of the New and Gauley
Rivers. Such center and related facilities are authorized to
be constructed at a site outside of the boundary of the New
River Gorge National River or Gauley River National
Recreation Area unless a suitable site is available within
the boundaries of either unit.
(c) Amendments Pertaining to the Gauley River National
Recreation Area.--
(1) Technical amendment.--Section 205(c) of the West
Virginia National Interest River Conservation Act of 1987 (16
U.S.C. 460ww-4(c)) is amended by adding the following at the
end thereof: ``If project construction is not commenced
within the time required in such license, or if such license
is surrendered at any time, such boundary modification shall
cease to have any force and effect.''.
(2) Gauley access.--Section 202(e) of the West Virginia
National Interest River Conservation Act of 1987 (16 U.S.C.
460ww-1(e)) is amended by adding the following new paragraph
at the end thereof:
``(4) Access to river.--(A) In order to facilitate public
safety, use, and enjoyment of the recreation area, and to
protect, to the maximum extent feasible, the scenic and
natural resources of the area, the Secretary is authorized
and directed to acquire such lands or interests in lands and
to take such actions as are necessary to provide access by
noncommercial entities on the north side of the Gauley River
at the area known as Woods Ferry utilizing existing roads and
rights-of-way. Such actions by the Secretary shall include
the construction of parking and related facilities in the
vicinity of Woods Ferry for noncommercial use on lands
acquired pursuant to paragraph (3) or on lands acquired with
the consent of the owner thereof within the boundaries of the
recreation area.
``(B) If necessary, in the discretion of the Secretary, in
order to minimize environmental impacts, including visual
impacts, within portions of the recreation area immediately
adjacent to the river, the Secretary may, by contract or
otherwise, provide transportation services for noncommercial
visitors, at reasonable cost, between such parking facilities
and the river.
``(C) Nothing in subparagraph (A) shall affect the rights
of any person to continue to utilize, pursuant to a lease in
effect on April 1, 1993, any right of way acquired pursuant
to such lease which authorizes such person to use an existing
road referred to in subparagraph (A). Except as provided
under paragraph (2) relating to access immediately downstream
of the Summersville project, until there is compliance with
this paragraph the Secretary is prohibited from acquiring or
developing any other river access points within the
recreation area.''.
(d) Amendments Pertaining to the Bluestone National Scenic
River.--
(1) Boundaries.--Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by striking out
``WSR-BLU/20,000, and dated January 1987'' and inserting
``BLUE-80,005, dated May 1996''.
(2) Public access.--Section 3(a)(65) of the Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)(65)) is amended by adding the
following at the end thereof: ``In order to provide
reasonable public access and vehicle parking for public use
and enjoyment of the river designated by this paragraph,
consistent with the preservation and enhancement of the
natural and scenic values of such river, the Secretary may,
with the consent of the owner thereof, negotiate a memorandum
of understanding or cooperative agreement, or acquire not
more than 10 acres of lands or interests in such lands, or
both, as may be necessary to allow public access to the
Bluestone River and to provide, outside the boundary of the
scenic river, parking and related facilities in the vicinity
of the area known as Eads Mill.''.

SEC. 409. TECHNICAL AMENDMENT TO THE WILD AND SCENIC RIVERS
ACT.

(a) Numbering of Paragraphs.--The unnumbered paragraphs in
section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C.
1274(a)), relating to each of the following river segments,
are each amended by numbering such paragraphs as follows:

Paragraph
River: Number
East Fork of Jemez, New Mexico..................................(109)
Pecos River, New Mexico.........................................(110)
Smith River, California.........................................(111)
Middle Fork Smith River, California.............................(112)
North Fork Smith River, California..............................(113)
Siskiyou Fork Smith River, California...........................(114)
South Fork Smith River, California..............................(115)
Clarks Fork, Wyoming............................................(116)
Niobrara, Nebraska..............................................(117)
Missouri River, Nebraska and South Dakota.......................(118)
Bear Creek, Michigan............................................(119)
Black, Michigan.................................................(120)
Carp, Michigan..................................................(121)
Indian, Michigan................................................(122)
Manistee, Michigan..............................................(123)
Ontonagon, Michigan.............................................(124)
Paint, Michigan.................................................(125)
Pine, Michigan..................................................(126)
Presque Isle, Michigan..........................................(127)
Sturgeon, Hiawatha National Forest, Michigan....................(128)
Sturgeon, Ottawa National Forest, Michigan......................(129)
East Branch of the Tahquamenon, Michigan........................(130)
Whitefish, Michigan.............................................(131)
Yellow Dog, Michigan............................................(132)
Allegheny, Pennsylvania.........................................(133)
Big Piney Creek, Arkansas.......................................(134)
Buffalo River, Arkansas.........................................(135)
Cossatot River, Arkansas........................................(136)
Hurricane Creek, Arkansas.......................................(137)
Little Missouri River, Arkansas.................................(138)
Mulberry River, Arkansas........................................(139)
North Sylamore Creek, Arkansas..................................(140)
Richland Creek, Arkansas........................................(141)
Sespe Creek, California.........................................(142)
Sisquoc River, California.......................................(143)
Big Sur River, California.......................................(144)
Great Egg Harbor River, New Jersey..............................(145)
The Maurice River, Middle Segment...............................(146)
The Maurice River, Middle Segment...............................(147)
The Maurice River, Upper Segment................................(148)
The Menantico Creek, Lower Segment..............................(149)
The Menantico Creek, Upper Segment..............................(150)
Manumuskin River, Lower Segment.................................(151)
Manumuskin River, Upper Segment.................................(152)
Muskee Creek, New Jersey........................................(153)
Red River, Kentucky.............................................(154)
Rio Grande, New Mexico..........................................(155)
Farmington River, Connecticut...................................(156)

(b) Study rivers.--Section 5(a) of such Act is amended as
follows:
(1) Paragraph (106), relating to St. Mary's, Florida, is
renumbered as paragraph (108).
(2) Paragraph (112), relating to White Clay Creek, Delaware
and Pennsylvania, is renumbered as paragraph (113).
(3) The unnumbered paragraphs, relating to each of the
following rivers, are amended by numbering such paragraphs as
follows:

Paragraph
River: Number
Mills River, North Carolina...................................(109)
Sudbury, Assabet, and Concord, Massachusetts..................(110)
Niobrara, Nebraska............................................(111)
Lamprey, New Hampshire........................................(112)
Brule, Michigan and Wisconsin.................................(114)
Carp, Michigan................................................(115)
Little Manistee, Michigan.....................................(116)
White, Michigan...............................................(117)
Ontonagon, Michigan...........................................(118)
Paint, Michigan...............................................(119)
Presque Isle, Michigan........................................(120)
Sturgeon, Ottawa National Forest, Michigan....................(121)
Sturgeon, Hiawatha National Forest, Michigan..................(122)
Tahquamenon, Michigan.........................................(123)
Whitefish, Michigan...........................................(124)
Clarion, Pennsylvania.........................................(125)
Mill Creek, Jefferson and Clarion Counties, Pennsylvania......(126)
Piru Creek, California........................................(127)
Little Sur River, California..................................(128)
Matilija Creek, California....................................(129)
Lopez Creek, California.......................................(130)
Sespe Creek, California.......................................(131)
North Fork Merced, California.................................(132)
Delaware River, Pennsylvania and New Jersey...................(133)
New River, West Virginia and Virginia.........................(134)
Rio Grande, New Mexico........................................(135)

SEC. 410. PROTECTION OF NORTH ST. VRAIN CREEK, COLORADO.

(a) North St. Vrain Creek and Adjacent Lands.--The Act of
January 26, 1915, establishing Rocky Mountain National Park
(38 Stat. 798; 16 U.S.C. 191 and following), is amended by
adding the following new section at the end thereof:

``SEC. 5. NORTH ST. VRAIN CREEK AND ADJACENT LANDS.

``Neither the Secretary of the Interior nor any other
Federal agency or officer may approve or issue any permit
for, or provide any assistance for, the construction of any
new dam, reservoir, or impoundment on any segment of North
St. Vrain Creek or its tributaries within the boundaries of
Rocky Mountain National Park or on the main stem of North St.
Vrain Creek downstream to the point at which the creek
crosses the elevation 6,550 feet above mean sea level.
Nothing in this section shall be construed to prevent the
issuance of any permit for the construction of a new water
gaging station on North St. Vrain Creek at the point of its
confluence with Coulson Gulch.''.
(b) Encouragement of Exchanges.--
(1) Lands inside rocky mountain national park.--Promptly
following enactment of this Act, the Secretary of the
Interior shall seek to acquire by donation or exchange those
lands within the boundaries of Rocky Mountain National Park
owned by the city of Longmont, Colorado, that are referred to
in section 111(d) of the Act commonly referred to as the
``Colorado Wilderness Act of 1980'' (Public Law 96-560; 94
Stat. 3272; 16 U.S.C. 192b-9(d)).
(2) Other lands.--The Secretary of Agriculture shall
immediately and actively pursue negotiations with the city of
Longmont, Colorado, concerning the city's proposed exchange
of lands owned by the city and located in and near Coulson
Gulch for other lands owned by the United States. The
Secretary shall report to Congress 2 calendar years after the
date of enactment of this Act, and every 2 years thereafter
on the progress of such negotiations until negotiations are
complete.
TITLE V--HISTORIC AREAS AND CIVIL RIGHTS

SEC. 501. THE SELMA TO MONTGOMERY NATIONAL HISTORIC TRAIL.

Section 5(a) of the National Trails System Act (16 U.S.C.
1244(a)) is amended by adding at the end thereof the
following new paragraph:
``( ) The Selma to Montgomery National Historic Trail,
consisting of 54 miles of city streets and United States
Highway 80 from Brown Chapel A.M.E. Church in Selma to the
State Capitol Building in Montgomery, Alabama,

[[Page H11004]]

traveled by voting rights advocates during March 1965 to
dramatize the need for voting rights legislation, as
generally described in the report of the Secretary of the
Interior prepared pursuant to subsection (b) of this section
entitled ``Selma to Montgomery'' and dated April 1993. Maps
depicting the route shall be on file and available for public
inspection in the Office of the National Park Service,
Department of the Interior. The trail shall be administered
in accordance with this Act, including section 7(h). The
Secretary of the Interior, acting through the National Park
Service, which shall be the lead Federal agency, shall
cooperate with other Federal, State and local authorities to
preserve historic sites along the route, including (but not
limited to) the Edmund Pettus Bridge and the Brown Chapel
A.M.E. Church.''.

SEC. 502. VANCOUVER NATIONAL HISTORIC RESERVE.

(a) Establishment.--There is established the Vancouver
National Historic Reserve in the State of Washington
(referred to in this section as the ``Reserve''), consisting
of the area described in the report entitled ``Vancouver
National Historic Reserve Feasibility Study and Environmental
Assessment'' published by the Vancouver Historical Study
Commission and dated April 1993 as authorized by Public Law
101-523 (referred to in this section as the ``Vancouver
Historic Reserve Report'').
(b) Administration.--(1) The Reserve shall be administered
through a general management plan developed in accordance
with this section, and approved by the Secretary of the
Interior and the Secretary of the Army.
(2) Not later than three years after the date of enactment
of this Act, the National Park Service shall submit to the
Secretaries a general management plan for the administration
of the Reserve.
(3) The general management plan shall be developed by a
Partnership comprised of a representative from the National
Park Service, a representative of the Historic Preservation
Office of the State of Washington, a representative of the
Department of the Army, and a representative of the City of
Vancouver, Washington.
(4) The general management plan shall be developed in
accordance with the specific findings and recommendations of
the Vancouver Historic Reserve Report, along with any other
considerations not otherwise in conflict with the Report, and
shall include at a minimum a statement of purpose, an
interpretive plan, and a economic plan for Pearson Field.
(5) The Reserve shall not be deemed to be a new unit of the
National Park System.
(c) No Limitation on FAA Authority.--The establishment of
the Reserve shall not limit--
(1) the authority of the Federal Aviation Administration
over air traffic control, or aviation activities at Pearson
Airpark; or
(2) limit operations and airspace in the vicinity of
Portland International Airport.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $400,000 per year for operational costs
for each fiscal year following enactment of this Act and
$5,000,000 for development costs.

SEC. 503. EXTENSION OF KALOKO-HONOKOHAU ADVISORY COMMISSION.

(a) Kaloko-Honokohau National Historical Park.--
Notwithstanding section 505(f)(7) of Public Law 95-625 (16
U.S.C. 396d(f)(7)), the Na Hoa Pili O Kaloko-Honokohau, the
Advisory Commission for Kaloko-Honokohau National Historical
Park, is hereby re-established in accordance with section
505(f), as amended by paragraph (2) of this subsection.
(b) Conforming Amendment.--Section 505(f)(7) of Public Law
95-625 (16 U.S.C. 396d(7)), is amended by striking ``this
Act'' and inserting in lieu thereof, ``the Na Hoa Pili
Kaloko-Honokohau Re-establishment Act of 1996''.

SEC. 504. AMENDMENT TO BOSTON NATIONAL HISTORIC PARK ACT.

Section 3(b) of the Boston National Historical Park Act of
1974 (16 U.S.C. 410z-1(b)) is amended by inserting ``(1)''
before the first sentence thereof and by adding the following
at the end thereof:
``(2) The Secretary of the Interior is authorized to enter
into a cooperative agreement with the Boston Public Library
to provide for the distribution of informational and
interpretive materials relating to the park and to the
Freedom Trail.''.

SEC. 505. WOMEN'S RIGHTS NATIONAL HISTORICAL PARK.

(a) Inclusion of Other Properties.--Section 1601(c) of
Public Law 96-607 (16 U.S.C. 410ll) is amended to read as
follows:
``(c) Establishment.--To carry out the purposes of this
section there is hereby established the Women's Rights
National Historical Park (hereinafter in this section
referred to as the ``park''). The park shall consist of the
following designated sites in Seneca Falls and Waterloo, New
York:
``(1) Stanton House, 32 Washington Street, Seneca Falls;
``(2) dwelling, 30 Washington Street, Seneca Falls;
``(3) dwelling, 34 Washington Street, Seneca Falls;
``(4) lot, 26-28 Washington Street, Seneca Falls;
``(5) former Wesleyan Chapel, 126 Fall Street, Seneca
Falls;
``(6) theater, 128 Fall Street, Seneca Falls;
``(7) McClintock House, 16 East Williams Street, Waterloo;
``(8) Hunt House, 401 East Williams Street, Waterloo;
``(9) not to exceed 1 acre, plus improvements, as
determined by the Secretary, in Seneca Falls for development
of a maintenance facility;
``(10) dwelling, 1 Seneca Street, Seneca Falls;
``(11) dwelling, 10 Seneca Street, Seneca Falls;
``(12) parcels adjacent to Wesleyan Chapel Block, including
Clinton Street, Fall Street, and Mynderse Street, Seneca
Falls; and
``(13) dwelling, 12 East Williams Street, Waterloo.''.
(b) Miscellaneous Amendments.--Section 1601 of Public Law
96-607 (16 U.S.C. 410ll) is amended by redesignating
subsection (i) as ``(i)(1)'' and inserting at the end thereof
the following new paragraph:
``(2) In addition to those sums appropriated prior to the
date of enactment of this paragraph for land acquisition and
development, there is hereby authorized to be appropriated an
additional $2,000,000.''.

SEC. 506. BLACK PATRIOTS MEMORIAL EXTENSION.

The legislative authority for the Black Revolutionary War
Patriots Foundation to establish a commemorative work (as
defined by the Commemorative Works Act (40 U.S.C. 1001 et
seq.)) shall expire October 27, 1998, notwithstanding the
time period limitation specified in section 10(b) of that Act
(40 U.S.C. 1010(b)).

SEC. 507. HISTORICALLY BLACK COLLEGES AND UNIVERSITIES
HISTORIC BUILDING RESTORATION AND PRESERVATION.

(a) Authority To Make Grants.--From the amounts made
available to carry out the National Historic Preservation
Act, the Secretary of the Interior shall make grants in
accordance with this section to eligible historically black
colleges and universities for the preservation and
restoration of historic buildings and structures on the
campus of these institutions.
(b) Grant Conditions.--Grants made under subsection (a)
shall be subject to the condition that the grantee covenants,
for the period of time specified by the Secretary, that--
(1) no alteration will be made in the property with respect
to which the grant is made without the concurrence of the
Secretary; and
(2) reasonable public access to the property with respect
to which the grant is made will be permitted by the grantee
for interpretive and educational purposes.
(c) Matching Requirement for Buildings and Structures
Listed on the National Register of Historic Places.--(1)
Except as provided by paragraph (2), the Secretary may
obligate funds made available under this section for a grant
with respect to a building or structure listed on, or
eligible for listing on, the National Register of Historic
Places only if the grantee agrees to match, from funds
derived from non-Federal sources, the amount of the grant
with an amount that is equal or greater than the grant.
(2) The Secretary may waive paragraph (1) with respect to a
grant if the Secretary determines from circumstances that an
extreme emergency exists or that such a waiver is in the
public interest to assure the preservation of historically
significant resources.
(d) Funding Provision.--Pursuant to section 108 of the
National Historic Preservation Act, $29,000,000 shall be made
available to carry out the purposes of this section. Of
amounts made available pursuant to this section, $5,000,000
shall be available for grants to Fisk University, $2,500,000
shall be available for grants to Knoxville College,
$2,000,000 shall be available for grants to Miles College,
Alabama, $1,500,000 shall be available for grants to
Talladega College, Alabama, $1,550,000 shall be available for
grants to Selma University, Alabama, $250,000 shall be
available for grants to Stillman College, Alabama, $200,000
shall be available for grants to Concordia College, Alabama
$2,900,000 shall be available for grants to Allen University,
South Carolina, $1,000,000 shall be available for grants to
Claflin College, South Carolina, $2,000,000 shall be
available for grants to Voorhees College, South Carolina,
$1,000,000 shall be available for grants to Rust College,
Mississippi, and $3,000,000 shall be available for grants to
Tougaloo College, Mississippi.
(e) Regulations.--The Secretary shall develop such
guidelines as may be necessary to carry out this section.
(f) Definitions.--For the purposes of this section:
(1) Historically black colleges.--The term ``historically
black colleges and universities'' has the same meaning given
the term ``part B institution'' by section 322 of the Higher
Education Act of 1965 (20 U.S.C. 1061).
(2) Historic building and structures.--The term ``historic
building and structures'' means a building or structure
listed on, or eligible for listing on, the National Register
of Historic Places or designated a National Historic
Landmark.

SEC. 508. MEMORIAL TO MARTIN LUTHER KING, JR.

(a) In General.--The Secretary of the Interior is
authorized to permit the Alpha Phi Alpha Fraternity to
establish a memorial on lands under the administrative
jurisdiction of the Secretary in the District of Columbia or
its environs to honor Martin Luther King, Jr., pursuant to
the Commemorative Works Act of 1986.
(b) Compliance With Standards for Commemorative Works.--The
establishment of the memorial shall be in accordance with the
Act entitled ``An Act to provide standards for placement of
commemorative works on certain Federal lands in the District
of Columbia and its environs, and for other purposes''
approved November 14, 1986 (40 U.S.C. 1001, et seq.).
(c) Payment of Expenses.--The Alpha Phi Alpha Fraternity
shall be solely responsible for acceptance of contributions
for, and payment of the expenses of, the establishment of the
memorial. No Federal funds may be used to pay any expense of
the establishment of the memorial.
(d) Deposit of Excess Funds.--If, upon payment of all
expenses of the establishment of the memorial (including the
maintenance and preservation amount provided for in section
8(b) of the Act referred to in section 4401(b)), or upon
expiration of the authority for the memorial

[[Page H11005]]

under section 10(b) of that Act, there remains a balance of
funds received for the establishment of the memorial, the
Alpha Phi Alpha Fraternity shall transmit the amount of the
balance to the Secretary of the Treasury for deposit in the
account provided for in section 8(b)(1) of that Act.

SEC. 509. ADVISORY COUNCIL ON HISTORIC PRESERVATION
REAUTHORIZATION.

(a) Reauthorization.--The last sentence of section 212(a)
of the National Historic Preservation Act (16 U.S.C. 470 and
following) is amended to read as follows: ``There are
authorized to be appropriated for the purposes of this title
not to exceed $4,000,000 in each fiscal year 1997 through
2000.''.
(b) Reporting Requirements.--Within 18 months after the
date of enactment of this Act, the Advisory Council on
Historic Preservation shall submit a report to the
appropriate congressional committees containing an analysis
of alternatives for modifying the regulatory process for
addressing impacts of Federal actions on nationally
significant historic properties, as well as alternatives for
future promulgation and oversight of regulations for
implementation of section 106 of the National Historic
Preservation Act.
(c) Technical Amendments.--Title II of the National
Historic Preservation Act (16 U.S.C. 470 and following) is
amended as follows:
(1) By striking ``appointed'' in section 201(a)(4) and
inserting ``designated''.
(2) By striking ``and 10'' in section 201(c) and inserting
``through (11)''.
(3) By adding the following new section after section 214:
``Sec. 215. Subject to applicable conflict of interest
laws, the Council may receive reimbursements from State and
local agencies and others pursuant to agreements executed in
furtherance of the purposes of this Act.''.
(4) By amending subsection (g) of section 205 to read as
follows:
``(g) Any Federal agency may provide the Council, with or
without reimbursement as may be agreed upon by the Chairman
and the agency, with such funds, personnel, facilities, and
services under its jurisdiction and control as may be needed
by the Council to carry out its duties, to the extent that
such funds, personnel, facilities, and services are requested
by the Council and are otherwise available for that purpose.
Any funds provided to the Council pursuant to this subsection
must be expended by the end of the fiscal year following the
fiscal year in which the funds are received by the Council.
To the extent of available appropriations, the Council may
obtain by purchase, rental, donation, or otherwise, such
additional property, facilities, and services as may be
needed to carry out its duties and may also receive donations
of moneys for such purpose, and the Executive Director is
authorized, in his discretion, to accept, hold, use, expend,
and administer the same for the purposes of this Act.''.

SEC. 510. GREAT FALLS HISTORIC DISTRICT, NEW JERSEY.

(a) Purposes.--The purposes of this section are--
(1) to preserve and interpret, for the educational and
inspirational benefit of the public, the contribution to our
national heritage of certain historic and cultural lands and
edifices of the Great Falls Historic District, with emphasis
on harnessing this unique urban environment for its
educational and recreational value; and
(2) to enhance economic and cultural redevelopment within
the District.
(b) Definitions.--In this section:
(1) District.--The term ``District'' means the Great Falls
Historic District established by subsection (c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Historic infrastructure.--The term ``historic
infrastructure'' means the District's historic raceway
system, all four stories of the original Colt Gun Mill,
including belltower, and any other structure that the
Secretary determines to be eligible for the National Register
of Historic Places.
(c) Great Falls Historic District.--
(1) Establishment.--There is established the Great Falls
Historic District in the city of Paterson, in Passaic County,
New Jersey.
(2) Boundaries.--The boundaries of the District shall be
the boundaries specified for the Great Falls Historic
District listed on the National Register of Historic Places.
(d) Development Plan.--The Secretary may make grants and
enter into cooperative agreements with the State of New
Jersey, local governments, and private nonprofit entities
under which the Secretary agrees to pay not more than 50
percent of the costs of--
(1) preparation of a plan for the development of historic,
architectural, natural, cultural, and interpretive resources
within the District;
(2) implementation of projects approved by the Secretary
under the development plan; and
(3) a market analysis assessing the economic development
potential of the District and recommending steps to be taken
to encourage economic development and revitalization in a
manner consistent with the District's historic character.
(e) Restoration, Preservation, and Interpretation of
Properties.--
(1) Cooperative agreements.--The Secretary may enter into
cooperative agreements with the State of New Jersey, local
governments and non-profit entities owning property within
the District under which the Secretary may--
(A) pay not more than 50 percent of the cost of restoring,
repairing, rehabilitating, and improving historic
infrastructure within the District;
(B) provide technical assistance with respect to the
preservation and interpretation of properties within the
District; and
(C) mark and provide interpretation of properties within
the District.
(2) Provisions.--A cooperative agreement under paragraph
(1) shall provide that--
(A) the Secretary shall have the right of access at
reasonable times to public portions of the property for
interpretive and other purposes;
(B) no change or alteration may be made in the property
except with the agreement of the property owner, the
Secretary, and any Federal agency that may have regulatory
jurisdiction over the property; and
(C) any construction grant made under this section shall be
subject to an agreement that provides that conversion, use,
or disposal of the project so assisted for purposes contrary
to the purposes of this section shall result in a right of
the United States to compensation from the beneficiary of the
grant, and that provides for a schedule for such compensation
based on the level of Federal investment and the anticipated
useful life of the project.
(3) Applications.--
(A) In general.--A property owner that desires to enter
into a cooperative agreement under paragraph (1) shall submit
to the Secretary an application describing how the project
proposed to be funded will further the purposes of the
District.
(B) Consideration.--In making such funds available under
this subsection, the Secretary shall give consideration to
projects that provide a greater leverage of Federal funds.
(f) Authorization of Appropriations.--There are authorized
to be appropriated from the Historic Preservation Fund
authorized under the National Historic Preservation Act to
the Secretary to carry out this section--
(1) $250,000 for grants and cooperative agreements for the
development plan under subsection (d); and
(2) $50,000 for the provision of technical assistance and
$3,000,000 for the provision of other assistance under
cooperative agreements under subsection (e).

SEC. 511. NEW BEDFORD NATIONAL HISTORIC LANDMARK DISTRICT.

(a) Findings and Purposes.--
(1) Findings.--The Congress finds that--
(A) the New Bedford National Historic Landmark District and
associated historic sites as described in subsection (c)(2),
including the Schooner Ernestina, are National Historic
Landmarks and are listed on the National Register of Historic
Places as historic sites associated with the history of
whaling in the United States;
(B) the city of New Bedford was the 19th century capital of
the world's whaling industry and retains significant
architectural features, archival materials, and museum
collections illustrative of this period;
(C) New Bedford's historic resources provide unique
opportunities for illustrating and interpreting the whaling
industry's contribution to the economic, social, and
environmental history of the United States and provide
opportunities for public use and enjoyment; and
(D) during the nineteenth century, over two thousand
whaling voyages sailed out of New Bedford to the Arctic
region of Alaska, and joined Alaska Natives from Barrow,
Alaska and other areas in the Arctic region in subsistence
whaling activities; and
(E) the National Park System presently contains no sites
commemorating whaling and its contribution to American
history.
(2) Purposes.--The purposes of this section are--
(A) to help preserve, protect, and interpret the resources
within the areas described in subsection (c)(2), including
architecture, setting, and associated archival and museum
collections;
(B) to collaborate with the city of New Bedford and with
associated historical, cultural, and preservation
organizations to further the purposes of the park established
under this section; and
(C) to provide opportunities for the inspirational benefit
and education of the American people.
(b) Definitions.--For the purposes of this section--
(1) the term ``park'' means the New Bedford Whaling
National Historical Park established by subsection (c); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(c) New Bedford Whaling National Historical Park.--
(1) Establishment.--In order to preserve for the benefit
and inspiration of the people of the United States as a
national historical park certain districts structures, and
relics located in New Bedford, Massachusetts, and associated
with the history of whaling and related social and economic
themes in America, there is established the New Bedford
Whaling National Historical Park.
(2) Boundaries.--(A) The boundaries of the park shall be
those generally depicted on the map numbered NAR-P49-80000-4
and dated June 1994. Such map shall be on file and available
for public inspection in the appropriate offices of the
National Park Service. In case of any conflict between the
descriptions set forth in clauses (i) through (iv) and such
map, such map shall govern. The park shall include the
following:
(i) The area included within the New Bedford National
Historic Landmark District, known as the Bedford Landing
Waterfront Historic District, as listed within the National
Register of Historic Places and in the Massachusetts State
Register of Historic Places.
(ii) The National Historic Landmark Schooner Ernestina,
with its home port in New Bedford.
(iii) The land along the eastern boundary of the New
Bedford National Historic Landmark District over to the east
side of MacArthur Drive from the Route 6 overpass on the
north to an extension of School Street on the south.
(iv) The land north of Elm Street in New Bedford, bounded
by Acushnet Avenue on the west,

[[Page H11006]]

Route 6 (ramps) on the north, MacArthur Drive on the east,
and Elm Street on the south.
(B) In addition to the sites, areas and relics referred to
in subparagraph (A), the Secretary may assist in the
interpretation and preservation of each of the following:
(i) The southwest corner of the State Pier.
(ii) Waterfront Park, immediately south of land adjacent to
the State Pier.
(iii) The Rotch-Jones-Duff House and Garden Museum, located
at 396 County Street.
(iv) The Wharfinger Building, located on Piers 3 and 4.
(v) The Bourne Counting House, located on Merrill's Wharf.
(d) Related Facilities.--To ensure that the contribution of
Alaska Natives to the history of whaling in the United States
is fully recognized, the Secretary shall provide--
(1) financial and other assistance to establish links
between the New Bedford Whaling National Historical Park and
the North Slope Borough Cultural Center, located in Barrow,
Alaska; and
(2) to provide other appropriate assistance and funding for
the North Slope Borough Cultural Center.
(e) Administration of Park.--
(1) In general.--The park shall be administered by the
Secretary in accordance with this section and the provisions
of law generally applicable to units of the National Park
System, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4) and
the Act of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).
(2) Cooperative agreements.--(A) The Secretary may consult
and enter into cooperative agreements with interested
entities and individuals to provide for the preservation,
development, interpretation, and use of the park.
(B) Any payment made by the Secretary pursuant to a
cooperative agreement under this paragraph shall be subject
to an agreement that conversion, use, or disposal of the
project so assisted for purposes contrary to the purposes of
this section, as determined by the Secretary, shall result in
a right of the United States to reimbursement of all funds
made available to such project or the proportion of the
increased value of the project attributable to such funds as
determined at the time of such conversion, use, or disposal,
whichever is greater.
(3) Non-federal matching requirements.--(A) Funds
authorized to be appropriated to the Secretary for the
purposes of--
(i) cooperative agreements under paragraph (2) shall be
expended in the ratio of one dollar of Federal funds for each
four dollars of funds contributed by non-Federal sources; and
(ii) construction, restoration, and rehabilitation of
visitor and interpretive facilities (other than annual
operation and maintenance costs) shall be expended in the
ratio of one dollar of Federal funds for each one dollar of
funds contributed by non-Federal sources.
(B) For the purposes of this paragraph, the Secretary is
authorized to accept from non-Federal sources, and to utilize
for purposes of this section, any money so contributed. With
the approval of the Secretary, any donation of property,
services, or goods from a non-Federal source may be
considered as a contribution of funds from a non-Federal
source for the purposes of this paragraph.
(4) Acquisition of real property.--For the purposes of the
park, the Secretary may acquire only by donation such lands,
interests in lands, and improvements thereon within the park
as are needed for essential visitor contact and interpretive
facilities.
(5) Other property, funds, and services.--The Secretary may
accept donated funds, property, and services to carry out
this section.
(e) General Management Plan.--Not later than the end of the
second fiscal year beginning after the date of enactment of
this Act, the Secretary shall submit to the Committee on
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate a general
management plan for the park and shall implement such plan as
soon as practically possible. The plan shall be prepared in
accordance with section 12(b) of the Act of August 18, 1970
(16 U.S.C. 1a-7(b)) and other applicable law.
(f) Authorization of Appropriations.--
(1) In general.--Except as provided in paragraph (2), there
are authorized to be appropriated such sums as may be
necessary to carry out annual operations and maintenance with
respect to the park and to carry out the activities under
section 3(D).
(2) Exceptions.--In carrying out this section--
(A) not more than $2,000,000 may be appropriated for
construction, restoration, and rehabilitation of visitor and
interpretive facilities, and directional and visitor
orientation signage;
(B) none of the funds authorized to be appropriated by this
section may be used for the operation or maintenance of the
Schooner Ernestina; and
(C) not more than $50,000 annually of Federal funds may be
used for interpretive and educational programs for the
Schooner Ernestina pursuant to cooperative grants under
subsection (d)(2).

SEC. 512. NICODEMUS NATIONAL HISTORIC SITE.

(a) Findings and Purposes.--
(1) Findings.--Congress finds that--
(A) the Town of Nicodemus, in Kansas, has national
significance as the only remaining western town established
by African-Americans during the Reconstruction period
following the Civil War;
(B) the town of Nicodemus is symbolic of the pioneer spirit
of African-Americans who dared to leave the only region they
had been familiar with to seek personal freedom and the
opportunity to develop their talents and capabilities; and
(C) the town of Nicodemus continues to be a valuable
African-American community.
(2) Purposes.--The purposes of this section are--
(A) to preserve, protect, and interpret for the benefit and
enjoyment of present and future generations, the remaining
structures and locations that represent the history
(including the settlement and growth) of the town of
Nicodemus, Kansas; and
(B) to interpret the historical role of the town of
Nicodemus in the Reconstruction period in the context of the
experience of westward expansion in the United States.
(b) Definitions.--In this section:
(1) Historic site.--The term ``historic site'' means the
Nicodemus National Historic Site established by subsection
(c).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Nicodemus National Historic Site.--
(1) Establishment.--There is established the Nicodemus
National Historic Site in Nicodemus, Kansas.
(2) Description.--
(A) In general.--The historic site shall consist of the
First Baptist Church, the St. Francis Hotel, the Nicodemus
School District Number 1, the African Methodist Episcopal
Church, and the Township Hall located within the
approximately 161.35 acres designated as the Nicodemus
National Landmark in the Township of Nicodemus, Graham
County, Kansas, as registered on the National Register of
Historic Places pursuant to section 101 of the National
Historic Preservation Act (16 U.S.C. 470a), and depicted on a
map entitled ``Nicodemus National Historic Site'', numbered
80,000 and dated August 1994.
(B) Map and boundary description.--The map referred to in
subparagraph (A) and an accompanying boundary description
shall be on file and available for public inspection in the
office of the Director of the National Park Service and any
other office of the National Park Service that the Secretary
determines to be an appropriate location for filing the map
and boundary description.
(d) Administration of the Historic Site.--
(1) In general.--The Secretary shall administer the
historic site in accordance with this section and the
provisions of law generally applicable to units of the
National Park System, including the Act entitled ``An Act to
establish a National Park Service, and for other purposes'',
approved August 25, 1916 (16 U.S.C. 1 et seq.), and the Act
of August 21, 1935 (49 Stat. 666, Chapter 593; 16 U.S.C. 461
et seq.).
(2) Cooperative agreements.--To further the purposes of
this section, the Secretary may enter into a cooperative
agreement with any interested individual, public or private
agency, organization, or institution.
(3) Technical and preservation assistance.--
(A) In general.--The Secretary may provide to any eligible
person described in subparagraph (B) technical assistance for
the preservation of historic structures of, the maintenance
of the cultural landscape of, and local preservation planning
for, the historic site.
(B) Eligible persons.--The eligible persons described in
this subparagraph are--
(i) an owner of real property within the boundary of the
historic site, as described in subsection (c)(2); and
(ii) any interested individual, agency, organization, or
institution that has entered into an agreement with the
Secretary pursuant to paragraph (2).
(e) Acquisition of Real Property.--
(1) In general.--Subject to paragraph (2), the Secretary is
authorized to acquire by donation, exchange, or purchase with
funds made available by donation or appropriation, such lands
or interests in lands as may be necessary to allow for the
interpretation, preservation, or restoration of the First
Baptist Church, the St. Francis Hotel, the Nicodemus School
District Number 1, the African Methodist Episcopal Church, or
the Township Hall, as described in subsection (c)(2)(A), or
any combination thereof.
(2) Limitations.--
(A) Acquisition of property owned by the state of kansas.--
Real property that is owned by the State of Kansas or a
political subdivision of the State of Kansas that is acquired
pursuant to paragraph (1) may only be acquired by donation.
(B) Consent of owner required.--No real property may be
acquired under this subsection without the consent of the
owner of the real property.
(f) General Management Plan.--
(1) In general.--Not Later than the last day of the third
full fiscal year beginning after the date of enactment of
this Act, the Secretary shall, in consultation with the
officials described in paragraph (2), prepare a general
management plan for the historic site.
(2) Consultation.--In preparing the general management
plan, the Secretary shall consult with an appropriate
official of each of the following:
(A) The Nicodemus Historical Society.
(B) The Kansas Historical Society.
(C) Appropriate political subdivisions of the State of
Kansas that have jurisdiction over all or a portion of the
historic site.
(3) Submission of plan to congress.--Upon the completion of
the general management plan, the Secretary shall submit a
copy of the plan to the Committee on Energy and Natural
Resources of the Senate and the Committee on Resources of the
House of Representatives.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of the Interior such
sums as are necessary to carry out this section.

[[Page H11007]]

SEC. 513. UNALASKA.

(a) Short Title.--This section may be cited as the
``Aleutian World War II National Historic Areas Act of
1996''.
(b) Purpose.--The purpose of this section is to designate
and preserve the Aleutian World War II National Historic Area
within lands owned by the Ounalaska Corporation on the island
of Amaknak, Alaska and to provide for the interpretation, for
the educational and inspirational benefit of present and
future generations, of the unique and significant
circumstances involving the history of the Aleut people, and
the role of the Aleut people and the Aleutian Islands in the
defense of the United States in World War II.
(c) Boundaries.--The Aleutian World War II National
Historic Area shall be comprised of areas on Amaknak Island
depicted on the map entitled ``Aleutian World War II National
Historic Area''.
(d) Terms and Conditions.--Nothing in this section shall--
(1) authorize the conveyance of lands between the Ounalaska
Corporation and the United States Department of the Interior,
nor remove land or structures appurtenant to the land from
the exclusive control of the Ounalaska Corporation; or
(2) provide authority for the Department of the Interior to
assume the duties associated with the daily operation of the
historic area or any of its facilities or structures.
(e) Technical Assistance.--The Secretary of the Interior
may award grants and provide technical assistance to the
Ounalaska Corporation and the City of Unalaska to assist with
the planning, development, and historic preservation from any
program funds authorized by law for technical assistance,
land use planning or historic preservation.

SEC. 514. JAPANESE AMERICAN PATRIOTISM MEMORIAL.

(a) Purpose.--It is the purpose of this section--
(1) to assist in the effort to timely establish within the
District of Columbia a national memorial to Japanese American
patriotism in World War II; and
(2) to improve management of certain parcels of Federal
real property located within the District of Columbia,
by transferring jurisdiction over such parcels to the
Architect of the Capitol, the Secretary of the Interior, and
the Government of the District of Columbia.
(b) Transfers of Jurisdiction.--
(1) In general.--Effective on the date of the enactment of
this Act and notwithstanding any other provision of law,
jurisdiction over the parcels of Federal real property
described in paragraph (2) is transferred without additional
consideration as provided by paragraph (2).
(2) Specific transfers.--
(A) Transfers to secretary of the interior.--
(i) In general.--Jurisdiction over the following parcels is
transferred to the Secretary of the Interior:

(I) That triangle of Federal land, including any contiguous
sidewalks and tree space, that is part of the United States
Capitol Grounds under the jurisdiction of the Architect of
the Capitol bound by D Street, N.W., New Jersey Avenue, N.W.,
and Louisiana Avenue, N.W., in Square W632 in the District of
Columbia, as shown on the Map Showing Properties Under
Jurisdiction of the Architect of the Capitol, dated November
8, 1994.
(II) That triangle of Federal land, including any
contiguous sidewalks and tree space, that is part of the
United States Capitol Grounds under the jurisdiction of the
Architect of the Capitol bound by C Street, N.W., First
Street, N.W., and Louisiana Avenue, N.W., in the District of
Columbia, as shown on the Map Showing Properties Under
Jurisdiction of the Architect of the Capitol, dated November
8, 1994.

(ii) Limitation.--The parcels transferred by clause (i)
shall not include those contiguous sidewalks abutting
Louisiana Avenue, N.W., which shall remain part of the United
States Capitol Grounds under the jurisdiction of the
Architect of the Capitol.
(iii) Consideration as memorial site.--The parcels
transferred by sibclause (I) of clause (i) may be considered
as a site for a national memorial to Japanese American
patriotism in World War II.
(B) Transfers to architect of the capitol.--Jurisdiction
over the following parcels is transferred to the Architect of
the Capitol:
(i) That portion of the triangle of Federal land in
Reservation No. 204 in the District of Columbia under the
jurisdiction of the Secretary of the Interior, including any
contiguous sidewalks, bound by Constitution Avenue, N.E., on
the north, the branch of Maryland Avenue, N.E., running in a
northeast direction on the west, the major portion of
Maryland Avenue, N.E., on the south, and 2nd Street, N.E., on
the east, including the contiguous sidewalks.
(ii) That irregular area of Federal land in Reservation No.
204 in the District of Columbia under the jurisdiction of the
Secretary of the Interior, including any contiguous
sidewalks, northeast of the real property described in clause
(i) bound by Constitution Avenue, N.E., on the north, the
branch of Maryland Avenue, N.E., running to the northeast on
the south, and the private property on the west known as lot
7 in square 726.
(iii) The two irregularly shaped medians lying north and
east of the property described in clause (i), located between
the north and south curbs of Constitution Avenue, N.E., west
of its intersection with Second Street, N.E., all as shown in
Land Record No. 268, dated November 22, 1957, in the Office
of the Surveyor, District of Columbia, in Book 138, Page 58.
(iv) All sidewalks under the jurisdiction of the District
of Columbia abutting on and contiguous to the land described
in clauses (i), (ii), and (iii).
(C) Transfers to district of columbia.--Jurisdiction over
the following parcels is transferred to the Government of the
District of Columbia:
(i) That portion of New Jersey Avenue, N.W., between the
northernmost point of the intersection of New Jersey Avenue,
N.W., and D Street, N.W., and the northernmost point of the
intersection of New Jersey Avenue, N.W., and Louisiana
Avenue, N.W., between squares 631 and W632, which remains
Federal property.
(ii) That portion of D Street, N.W., between its
intersection with New Jersey Avenue, N.W., and its
intersection with Louisiana Avenue, N.W., between Squares 630
and W632, which remains Federal property.
(c) Miscellaneous.--
(1) Compliance with other laws.--Compliance with this
section shall be deemed to satisfy the requirements of all
laws otherwise applicable to transfers of jurisdiction over
parcels of Federal real property.
(2) Law enforcement responsibility.--Law enforcement
responsibility for the parcels of Federal real property for
which jurisdiction is transferred by subsection (b) shall be
assumed by the person acquiring such jurisdiction.
(3) United states capitol grounds.--
(A) Definition.--The first section of the Act entitled ``An
Act to define the United States Capitol Grounds, to regulate
the use thereof, and for other purposes'', approved July 31,
1946 (40 U.S.C. 193a), is amended to include within the
definition of the United States Capitol Grounds the parcels
of Federal real property described in subsection (b)(2)(B).
(B) Jurisdiction of capitol police.--The United States
Capitol Police shall have jurisdiction over the parcels of
Federal real property described in subsection (b)(2)(B) in
accordance with section 9 of such Act of July 31, 1946 (40
U.S.C. 212a).
(4) Effect of transfers.--A person relinquishing
jurisdiction over a parcel of Federal real property
transferred by subsection (b) shall not retain any interest
in the parcel except as specifically provided by this
section.

SEC. 515. MANZANAR NATIONAL HISTORIC SITE.

(a) Termination of Withdrawals.--
(1) Unavailability of certain lands.--The Congress, by
enacting the Act entitled ``An Act to establish the Manzanar
National Historic Site in the State of California, and for
other purposes'', approved March 3, 1992 (106 Stat. 40;
Public Law 102-248), (1) provided for the protection and
interpretation of the historical, cultural, and natural
resources associated with the relocation of Japanese-
Americans during World War II and established the Manzanar
National Historic Site in the State of California, and (2)
authorized the Secretary of the Interior to acquire lands or
interests therein within the boundary of the Historic Site by
donation, purchase with donated or appropriated funds, or by
exchange. The public lands identified for disposal in the
Bureau of Land Management's Bishop Resource Area Resource
Management Plan that could be made available for exchange in
support of acquiring lands within the boundary of the
Historic Site are currently unavailable for this purpose
because they are withdrawn by an Act of Congress.
(2) Termination of withdrawal.--To provide a land base with
which to allow land exchanges in support of acquiring lands
within the boundary of the Manzanar National Historic Site,
the withdrawal of the following described lands is terminated
and such lands shall not be subject to the Act of March 4,
1931 (chap. 517; 46 Stat. 1530):

Mount Diablo Meridian

Township 2 North, Range 26 East

Section 7:
North half south half of lot 1 of southwest quarter, north
half south half of lot 2 of southwest quarter, north half
south half southeast quarter.

Township 4 South, Range 33 East

Section 31:
Lot 1 of southwest quarter, northwest quarter northeast
quarter, southeast quarter;
Section 32:
Southeast quarter northwest quarter, northeast quarter
southwest quarter, southwest quarter southeast quarter.

Township 5 South, Range 33 East

Section 4:
West half of lot 1 of northwest quarter, west half of lot 2
of northwest quarter.
Section 5:
East half of lot 1 of northeast quarter, east half of lot 2
of northeast quarter.
Section 9:
Northwest quarter southwest quarter northeast quarter.
Section 17:
Southeast quarter northwest quarter, northwest quarter
southeast quarter.
Section 22:
Lot 1 and 2.
Section 27:
Lot 2, west half northeast quarter, southeast quarter
northwest quarter, northeast quarter southwest quarter,
northwest quarter southeast quarter.
Section 34:
Northeast quarter, northwest quarter, southeast quarter.

Township 6 South, Range 31 East

Section 19:
East half northeast quarter southeast quarter.

Township 6 South, Range 33 East

Section 10:
East half southeast quarter.
Section 11:
Lot 1 and 2, west half northeast quarter, northwest
quarter, west half southwest quarter, northeast quarter
southwest quarter.
Section 14:

[[Page H11008]]

Lots 1 through 4, west half northeast quarter, southeast
quarter northwest quarter, northeast quarter southwest
quarter, northwest quarter southeast quarter.

Township 7 South, Range 32 East

Section 23:
South half southwest quarter.
Section 25:
Lot 2, northeast quarter northwest quarter.

Township 7 South, Range 33 East

Section 30:
South half of lot 2 of northwest quarter, lot 1 and 2 of
southwest quarter.
Section 31:
North half of lot 2 of northwest quarter, southeast quarter
northeast quarter, northeast quarter southeast quarter.

Township 8 South, Range 33 East

Section 5:
Northwest quarter southwest quarter.

Township 13 South, Range 34 East

Section 1:
Lots 43, 46, and 49 thru 51.
Section 2:
North half northwest quarter southeast quarter southeast
quarter.

Township 11 South, Range 35 East

Section 30:
Lots 1 and 2, east half northwest quarter, east half
southwest quarter, and west half southwest quarter southeast
quarter.
Section 31:
Lot 8, west half west half northeast quarter, east half
northwest quarter, and west half southeast quarter.

Township 13, South, Range 35 East

Section 18:
South half of lot 2 of northwest quarter, lot 1 and 2 of
southwest quarter, southwest quarter northeast quarter,
northwest quarter southeast quarter.
Section 29:
Southeast quarter northeast quarter, northeast quarter
southeast quarter.

Township 13 South, Range 36 East

Section 17:
Southwest quarter northwest quarter, southwest quarter.
Section 18:
South half of lot 1 of northwest quarter, lot 1 of
southwest quarter, northeast quarter, southeast quarter.
Section 19:
North half of lot 1 of northwest quarter, east half
northeast quarter, northwest quarter northeast quarter.
Section 20:
Southwest quarter northeast quarter, northwest quarter,
northeast quarter southwest quarter, southeast quarter.
Section 28:
Southwest quarter southwest quarter.
Section 29:
East half northeast quarter.
Section 33:
Northwest quarter northwest quarter, southeast quarter
northwest quarter.

Township 14 South, Range 36 East

Section 31:
Lot 1 and 2 of southwest quarter, southwest quarter
southeast quarter.
aggregating 5,630 acres, more or less.
(b) Availability of Lands.--Upon enactment of this Act, the
lands specified in subsection (a) shall be open to operation
of the public land laws, including the mining and mineral
leasing laws, only after the Secretary of the Interior has
published a notice in the Federal Register opening such
lands.
(c) Additional Area.--Section 101 of Public Law 102-248 is
amended by inserting in subsection (b) after the second
sentence ``The site shall also include an additional area of
approximately 300 acres as demarcated as the new proposed
boundaries in the map dated March 8, 1996, entitled `Manzanar
National Historic Site Archaeological Base Map'.''

SEC. 516. RECOGNITION AND DESIGNATION OF THE AIDS MEMORIAL
GROVE AS NATIONAL MEMORIAL.

(a) Recognition of Significance of the AIDS Memorial
Grove.--The Congress hereby recognizes the significance of
the AIDS Memorial Grove, located in Golden Gate Park in San
Francisco, California, as a memorial--
(1) dedicated to individuals who have died as a result of
acquired immune deficiency syndrome; and
(2) in support of individuals who are living with acquired
immune deficiency syndrome and their loved ones and
caregivers.
(b) Designation as National Memorial.--Not later than 90
days after the date of enactment of this Act, the Secretary
of the Interior shall designate the AIDS Memorial Grove as a
national memorial.
TITLE VI--CIVIL AND REVOLUTIONARY WAR SITES

SEC. 601. UNITED STATES CIVIL WAR CENTER.

(a) Designation.--The Civil War Center, located on Raphael
Semmes Drive at Louisiana State University in Baton Rouge,
Louisiana (hereinafter in this section referred to as the
``center'') shall be known and designated as the ``United
States Civil War Center''.
(b) Legal References.--Any reference in any law,
regulation, paper, record, map, or any other document of the
United States to the center referred to in subsection (b)
shall be deemed to be a reference to the ``United States
Civil War Center''.
(c) Flagship Institutions.--The center and the Civil War
Institute of Gettysburg College, located at 233 North
Washington Street in Gettysburg, Pennsylvania, shall be the
flagship institutions for planning the sesquicentennial
commemoration of the Civil War.

SEC. 602. CORINTH, MISSISSIPPI, BATTLEFIELD ACT.

(a) Purpose.--The purpose of this section is to provide for
a center for the interpretation of the Siege and Battle of
Corinth and other Civil War actions in the Region and to
enhance public understanding of the significance of the
Corinth Campaign in the Civil War relative to the Western
theater of operations, in cooperation with State or local
governmental entities and private organizations and
individuals.
(b) Acquisition of Property at Corinth, Mississippi.--The
Secretary of the Interior (referred to in this title as the
``Secretary'') shall acquire by donation, purchase with
donated or appropriated funds, or exchange, such land and
interests in land in the vicinity of the Corinth Battlefield,
in the State of Mississippi, as the Secretary determines to
be necessary for the construction of an interpretive center
to commemorate and interpret the 1862 Civil War Siege and
Battle of Corinth.
(c) Publicly Owned Land.--Land and interests in land owned
by the State of Mississippi or a political subdivision of the
State of Mississippi may be acquired only by donation.
(d) Interpretive Center and Marking.--
(1) Interpretive center.-- The Secretary shall construct,
operate, and maintain on the property acquired under
subsection (b) a center for the interpretation of the Siege
and Battle of Corinth and associated historical events for
the benefit of the public.
(2) Marking.--The Secretary may mark sites associated with
the Siege and Battle of Corinth National Historic Landmark,
as designated on May 6, 1991, if the sites are determined by
the Secretary to be protected by State or local governmental
agencies.
(3) Administration.--The land and interests in land
acquired, and the facilities constructed and maintained
pursuant to this section, shall be administered by the
Secretary as a part of Shiloh National Military Park, subject
to the appropriate laws (including regulations) applicable to
the Park, the Act entitled ``An Act to establish a National
Park Service, and for other purposes'', approved August 25,
1916 (16 U.S.C. 1 et seq.), and the Act entitled ``An Act to
provide for the preservation of historic American sites,
buildings, objects, and antiquities of national significance,
and for other purposes'', approved August 21, 1935 (16 U.S.C.
461 et seq.).
(e) Authorization of Appropriations.--There are authorized
to be appropriated $6,000,000 for development to carry out
this section.

SEC. 603. RICHMOND NATIONAL BATTLEFIELD PARK.

(a) Findings and Purpose.--Section 1 of the Act of March 2,
1936 (chapter 113, 49 Stat. 1155; 16 U.S.C. 423j), is amended
to read as follows:

``SECTION 1. FINDINGS AND PURPOSE.

``(a) Findings.--In 1996 the Congress finds that:
``(1) In 1936 the Congress established the Richmond
National Battlefield Park in and around the city of Richmond,
Virginia. The park's boundary was established to permit the
inclusion of all military battlefield areas related to the
battles fought during the Civil War in defense of and against
the city of Richmond. The park originally included the area
then known as the Richmond Battlefield State Park.
``(2) The total acreage of the area identified in 1936 for
consideration for inclusion in the Richmond National
Battlefield Park encompasses approximately 225,000 acres in
and around the city of Richmond, Virginia. A study undertaken
by the congressionally authorized Civil War Sites Advisory
Committee determined that within those 225,000 acres, the
historically significant areas in and around Richmond
relating to the campaigns against and in defense of Richmond
encompass approximately 38,000 acres. The National Park
Service, through its general management planning process for
Richmond National Battlefield Park, has identified
approximately 7,121 acres which satisfy the National Park
Service criteria of significance, integrity, feasibility, and
suitability for inclusion in Richmond National Battlefield
Park.
``(3) There is national interest in protecting and
preserving sites of historic significance associated with the
Civil War and Richmond.
``(4) The Commonwealth of Virginia and its local units of
government have authority to prevent or minimize adverse uses
of these historic resources and can play a significant role
in the protection of the historic resources related to the
battles of Richmond.
``(b) Purposes.--Therefore, it is the purpose of this Act--
``(1) to establish a revised boundary for the Richmond
National Battlefield Park based on the findings of the Civil
War Sites Advisory Committee and the National Park Service;
and
``(2) to direct the Secretary of the Interior to work in
cooperation with the Commonwealth of Virginia, the city of
Richmond, and other political subdivisions of the
Commonwealth, other public entities, and the private sector
in the management, protection, and interpretation of the
resources associated with the Civil War and the Battles of
Richmond in and around the city of Richmond, Virginia.''.
(b) Modification of Boundary.--Section 2 of the Act of
March 2, 1936 (chapter 113, 49 Stat. 1155; 16 U.S.C. 423k),
is amended to read as follows:

``SEC. 2. BOUNDARY.

``The boundary of the Richmond National Battlefield Park
(hereinafter in this Act referred to as the `park') is hereby
modified to comprise the lands, waters, and interests in
lands therein that, on the day before the date of the
enactment of this Act, were in Federal ownership and were
administered by the Secretary of the Interior as part of the
park.''.
(c) Land Acquisition.--The Act of March 2, 1936 (chapter
113, 49 Stat. 1155; 16 U.S.C. 423j

[[Page H11009]]

and following), is amended by adding the following new
section after section 3:

``SEC. 4. LAND ACQUISITION.

``(a) The Secretary is authorized to acquire any lands and
interests in lands identified in the general management plan
for the park approved June 7, 1996, and depicted within the
area delineated as `Park Boundary' on the map entitled
`Richmond National Battlefield Park Boundary Map', as
numbered 367-NEFA 80026 and dated August 1996, which shall be
on file and available for inspection in the Office of the
Director of the National Park Service, Department of the
Interior.
``(b) The Secretary is authorized to acquire the lands
identified in subsection (a) by donation, purchase with
donated or appropriated funds, exchange, or otherwise.
Privately owned lands or the interest therein may be acquired
only with the consent of the property owner. In acquiring
lands and interest in lands under this Act, the Secretary
shall acquire the minimum Federal interests necessary to
achieve the objectives of the park.
``(c) Upon acquisition by the Secretary of any lands and
interests in lands identified in subsection (a), the
Secretary shall revise the boundary of the park to include
those lands within the boundary of the park and shall manage
them as part of the park and consistent with the purposes of
the Act.''.
(d) Park Management and Administration.--The Act of March
2, 1936 (chapter 113; 49 Stat. 1155; 16 U.S.C. 423j and
following), is amended by adding the following new section
after section 4:

``SEC. 5. PARK MANAGEMENT AND ADMINISTRATION.

``(a) In administering the park, the Secretary shall
interpret, for the benefit of visitors to the park and the
general public, the Battles of Richmond in the larger context
of the Civil War and American history, including the causes
and consequences of the Civil War and the effects of the war
on all the American people.
``(b) The Secretary is directed to work with the
Commonwealth of Virginia, its political subdivisions,
including the city of Richmond, private property owners, and
the private sector to develop mechanisms to protect and
interpret the resources identified within the boundary as
depicted on the map identified in section 2 of this Act. In
order to carry out this section, the Secretary is authorized
to enter into cooperative agreements with the public and
private sectors to carry out the purposes of this Act, and to
find means of protecting and interpreting the historic
resources for the benefit of present and future generations
in a manner that would allow for continued private ownership
and use where compatible with the purposes of the park. The
Secretary is also authorized to provide technical assistance
to governmental entities, nonprofit organizations, and
private property owners in the development of comprehensive
plans, land use guidelines, and other activities which are
consistent with conserving the historic, cultural, natural,
and scenic resources found within the park boundary.
``(c) The Secretary is authorized to provide technical
assistance to the Commonwealth of Virginia, its political
subdivisions, nonprofit entities, and private property owners
engaged in the protection, interpretation, or commemoration
of historically significant Civil War resources located
outside of the park boundary. Such technical assistance does
not authorize the Secretary to own or manage any of the
resources outside the park boundary.''.
(e) Technical Amendment.--Section 3 of the Act of March 2,
1936 (chapter 113, 49 Stat. 1156; 16 U.S.C. 423l) is amended
by striking the period and inserting ``, and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467).''.

SEC. 604. REVOLUTIONARY WAR AND WAR OF 1812 HISTORIC
PRESERVATION STUDY.

(a) Short Title.--This section may be cited as the
``Revolutionary War and War of 1812 Historic Preservation
Study Act of 1996''.
(b) Findings.--The Congress finds that--
(1) Revolutionary War sites and War of 1812 sites provide a
means for Americans to understand and interpret the periods
in American history during which the Revolutionary War and
War of 1812 were fought;
(2) the historical integrity of many Revolutionary War
sites and War of 1812 sites is at risk because many of the
sites are located in regions that are undergoing rapid urban
or suburban development; and
(3) it is important, for the benefit of the United States,
to obtain current information on the significance of, threats
to the integrity of, and alternatives for the preservation
and interpretation of Revolutionary War sites and War of 1812
sites.
(c) Definitions.--In this section:
(1) Director.--The term ``Director'' means the Director of
the National Park Service.
(2) Revolutionary war site.--The term ``Revolutionary War
site'' means a site or structure situated in the United
States that is thematically tied with the nationally
significant events that occurred during the Revolutionary
War.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) War of 1812 site.--The term ``War of 1812 site'' means
a site or structure situated in the United States that is
thematically tied with the nationally significant events that
occurred during the War of 1812.
(d) Study.--
(1) Preparation.--The Secretary, acting through the
Director, shall prepare a study of Revolutionary War sites
and War of 1812 sites.
(2) Matters to be addressed.--The study under subsection
(b) shall--
(A) identify Revolutionary War sites and War of 1812 sites,
including sites within units of the National Park System in
existence on the date of enactment of this Act;
(B) determine the relative significance of the sites;
(C) assess short- and long-term threats to the integrity of
the sites;
(D) provide alternatives for the preservation and
interpretation of the sites by Federal, State, and local
governments, or other public or private entities, including
designation of the sites as units of the National Park
System; and
(E) research and propose land preservation techniques.
(3) Consultation.--During the preparation of the study
under paragraph (1), the Director shall consult with--
(A) the Governor of each affected States;
(B) each affected unit of local government;
(C) State and local historic preservation organizations;
(D) scholarly organizations; and
(E) such other interested parties as the Secretary
considers advisable.
(4) Transmittal to congress.--Not later than 2 years after
the date on which funds are made available to carry out the
study under paragraph (1), the Director shall transmit a
report describing the results of the study to the Committee
on Resources of the House of Representatives and the
Committee on Energy and Natural Resources of the State.
(5) Report.--If the Director submits a report on the study
to the Director of the Office of Management and Budget, the
Secretary shall concurrently transmit copies of the report to
the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $750,000, to
remain available until expended.

SEC. 605. AMERICAN BATTLEFIELD PROTECTION PROGRAM.

(a) Short Title.--This section may be cited as the
``American Battlefield Protection Act of 1996''.
(b) Purpose.--The purpose of this section is to assist
citizens, public and private institutions, and governments at
all levels in planning, interpreting, and protecting sites
where historic battles were fought on American soil during
the armed conflicts that shaped the growth and development of
the United States, in order that present and future
generations may learn and gain inspiration from the ground
where Americans made their ultimate sacrifice.
(c) Preservation Assistance.--
(1) In general.--Using the established national historic
preservation program to the extent practicable, the Secretary
of the Interior, acting through the American Battlefield
Protection Program, shall encourage, support, assist,
recognize, and work in partnership with citizens, Federal,
State, local, and tribal governments, other public entities,
educational institutions, and private nonprofit organizations
in identifying, researching, evaluating, interpreting, and
protecting historic battlefields and associated sites on a
National, State, and local level.
(2) Financial assistance.--To carry out paragraph (1), the
Secretary may use a cooperative agreement, grant, contract,
or other generally adopted means of providing financial
assistance.
(d) Authorization of Appropriations.--There are authorized
to be appropriated $3,000,000 annually to carry out this
section, to remain available until expended.
(e) Repeal.--
(1) In general.--This section is repealed as of the date
that is 10 years after the date of enactment of this section.
(2) No effect on general authority.--The Secretary may
continue to conduct battlefield studies in accordance with
other authorities available to the Secretary.
(3) Unobligated funds.--Any funds made available under this
section that remain unobligated shall be credited to the
general fund of the Treasury.

SEC. 606. CHICKAMAUGA AND CHATTANOOGA NATIONAL MILITARY
PARKS.

Section 1(c) of the Act entitled ``An Act to authorize and
direct the National Park Service to assist the State of
Georgia in relocating a highway affecting the Chickamauga and
Chattanooga National Military Park in Georgia'', approved
December 24, 1987 (101 Stat. 1442), is amended by striking
``$30,000,000'' and inserting ``$51,900,000''.

SEC. 607. SHENANDOAH VALLEY BATTLEFIELDS.

(a) Short Title.--This section may be cited as the
``Shenandoah Valley Battlefields National Historic District
and Commission Act of 1996''.
(b) Congressional Findings.--The Congress finds that--
(1) there are situated in the Shenandoah Valley in the
Commonwealth of Virginia the sites of several key Civil War
battles;
(2) certain sites, battlefields, structures, and districts
in the Shenandoah Valley are collectively of national
significance in the history of the Civil War;
(3) in 1992, the Secretary of the Interior issued a
comprehensive study of significant sites and structures
associated with Civil War battles in the Shenandoah Valley,
and found that many of the sites within the Shenandoah Valley
possess national significance and retain a high degree of
historical integrity;
(4) the preservation and interpretation of these sites will
make a vital contribution to the understanding of the
heritage of the United States;
(5) the preservation of Civil War sites within a regional
framework requires cooperation

[[Page H11010]]

among local property owners and Federal, State, and local
government entities; and
(6) partnerships between Federal, State, and local
governments, the regional entities of such governments, and
the private sector offer the most effective opportunities for
the enhancement and management of the Civil War battlefields
and related sites in the Shenandoah Valley.
(c) Statement of Purpose.--The purposes of this section are
to--
(1) preserve, conserve, and interpret the legacy of the
Civil War in the Shenandoah Valley;
(2) recognize and interpret important events and geographic
locations representing key Civil War battles in the
Shenandoah Valley, including those battlefields associated
with the Thomas J. (Stonewall) Jackson campaign of 1862 and
the decisive campaigns of 1864;
(3) recognize and interpret the effect of the Civil War on
the civilian population of the Shenandoah Valley during the
war and postwar reconstruction period; and
(4) create partnerships among Federal, State, and local
governments, the regional entities of such governments, and
the private sector to preserve, conserve, enhance, and
interpret the nationally significant battlefields and related
sites associated with the Civil War in the Shenandoah Valley.
(d) Definitions.--As used in this section:
(1) The term ``District'' means the Shenandoah Valley
Battlefields National Historic District established by
section 5.
(2) The term ``Commission'' means the Shenandoah Valley
Battlefields National Historic District Commission
established by section 9.
(3) The term ``plan'' means the Shenandoah Valley
Battlefields National Historic District Commission plan
approved by the Secretary under section 6.
(4) The term ``management entity'' means a unit of
government or nonprofit organization designated by the plan
to manage and administer the District.
(5) The term ``Secretary'' means the Secretary of the
Interior.
(6) The term ``Shenandoah Valley'' means the Shenandoah
Valley in the Commonwealth of Virginia.
(e) Shenandoah Valley Battlefields National Historic
District.--
(1) Establishment.--To carry out the purposes of this
section, there is hereby established the Shenandoah Valley
Battlefields National Historic District in the Commonwealth
of Virginia.
(2) Boundaries.--(A) The corridor shall consist of lands
and interests therein as generally depicted on the map
entitled ``Shenandoah Valley National Battlefields'',
numbered SHVA/80,000, and dated April 1994.
(B) The District shall consist of historic transportation
routes linking the units depicted on the map referred to in
subparagraph (A).
(C) The map referred to in subparagraph (A) shall be on
file and available for public inspection in the offices of
the Commission, the management entity, and in the appropriate
offices of the National Park Service.
(f) Shenandoah Valley Battlefields National Historic
District Plan.--
(1) In general.--The District shall be managed and
administered by the Commission and the management entity in
accordance with the purposes of this Act and the Shenandoah
Valley Battlefields National Historic District Plan developed
by the Commission and approved by the Secretary, as provided
in this subsection.
(2) Specific provisions.--The plan shall include--
(A) an inventory which includes any property in the
District which should be preserved, restored, managed,
maintained, or acquired because of its national historic
significance;
(B) provisions for the protection and interpretation of the
natural, cultural, and historic resources of the District
consistent with the purposes of this section;
(C) provisions for the establishment of a management entity
which shall be a unit of government or a private nonprofit
organization that administers and manages the District
consistent with the plan, and possesses the legal ability
to--
(i) receive Federal funds and funds from other units of
government or other organizations for use in preparing and
implementing the management plan;
(ii) disburse Federal funds to other units of government or
other nonprofit organizations for use in preparing and
implementing the plan;
(iii) enter into agreements with the Federal, State, or
other units of government and nonprofit organizations;
(iv) acquire lands or interests therein by gift or devise,
or by purchase from a willing seller using donated or
appropriated funds, or by donation and no lands or interests
therein may be acquired by condemnation; and
(v) make such reasonable and necessary modifications to the
plan which shall be approved by the Secretary;
(D) recommendations to the Commonwealth of Virginia (and
political subdivisions thereof) for the management,
protection, and interpretation of the natural, cultural, and
historical resources of the District;
(E) identification of appropriate partnerships between the
Federal, State, and local governments and regional entities,
and the private sector, in furtherance of the purposes of
this section;
(F) locations for visitor contact and major interpretive
facilities;
(G) provisions for implementing a continuing program of
interpretation and visitor education concerning the resources
and values of the District;
(H) provisions for a uniform historical marker and wayside
exhibit program in the District, including a provision for
marking, with the consent of the owner, historic structures
and properties that are contained within the historic core
areas and contribute to the understanding of the District;
(I) recommendations for means of ensuring continued local
involvement and participation in the management, protection,
and development of the District; and
(J) provisions for appropriate living history
demonstrations and battlefield reenactments.
(3) Preparation of draft plan.--(A) Not later than 3 years
after the date on which the Commission conducts its first
meeting, the Commission shall submit to the Secretary a draft
plan that meets the requirements of paragraph (2).
(B) Prior to submitting the draft plan to the Secretary,
the Commission shall ensure that--
(i) the Commonwealth of Virginia, and any political
subdivision thereof that would be affected by the plan,
receives a copy of the draft plan;
(ii) adequate notice of the availability of the draft plan
is provided through publication in appropriate local
newspapers in the area of the District; and
(iii) at least 1 public hearing in the vicinity of the
District is conducted by the Commission with respect to the
draft plan.
(4) Review of the plan by the secretary.--The Secretary
shall review the draft plan submitted under paragraph (3)
and, not later than 90 days after the date on which the draft
plan is submitted, shall either--
(A) approve the draft plan as the plan if the Secretary
finds that the plan, when implemented, would adequately
protect the significant historical and cultural resources of
the District; or
(B) reject the draft plan and advise the Commission in
writing of the reasons therefore and indicate any
recommendations for revisions that would make the draft plan
acceptable.
(g) Duties of the Secretary.--
(1) In general.--(A) The Secretary may award grants,
provide technical assistance and enter into cooperative
agreements with the Commission, management entity, other
units of government, or other persons to provide for the
preservation and interpretation of the natural, cultural, and
historical resources within the District.
(2) Technical assistance.--The Secretary may make grants,
provide technical assistance, and enter into cooperative
agreements for--
(A) the preparation and implementation of the plan pursuant
to subsection (f);
(B) interpretive and educational programs;
(C) acquiring lands or interests in lands from willing
sellers;
(D) capital projects and improvements undertaken pursuant
to the plan; and
(E) facilitating public access to historic resources within
the District.
(3) Early actions.--After enactment of this Act but prior
to approval of the plan, the Secretary may provide technical
and financial assistance for early actions which are
important to the purposes of this Act and which protect and
preserve resources in imminent danger of irreversible damage
but for the fact of such early action.
(4) Acquisition of land.--The Secretary may acquire land
and interests in lands from a willing seller or donee within
the District that have been specifically identified by the
Commission for acquisition by the Federal Government. No
lands or interests therein may be acquired by condemnation.
(5) Detail.--Each fiscal year during the existence of the
Commission and upon request of the Commission, the Secretary
shall detail to the Commission, on a nonreimbursable basis, 2
employees of the Department of the Interior to enable the
Commission to carry out the Commission's duties under section
9. Such detail shall be without interruption or loss of civil
service status, benefits, or privileges.
(6) Report.--Not later than 2 years after approval of the
plan, the Secretary shall submit to Congress a report
recommending whether the District or components thereof meet
the criteria for designation as a unit of the National Park
Service.
(7) Other assistance.--Nothing in this section shall be
deemed to prohibit the Secretary or units of government from
providing technical or financial assistance under any other
provision of law.
(h) Shenandoah Valley Battlefields National Historic
District Commission.--
(1) Establishment.--There is hereby established the
Shenandoah Valley Battlefields National Historic District
Commission.
(2) Membership.--The Commission shall be composed of 19
members, to be appointed by the Secretary as follows:
(A) 5 members representing local governments of communities
in the vicinity of the District, appointed after the
Secretary considers recommendations made by appropriate local
governing bodies.
(B) 10 members representing property owners within the
District (1 member within each unit of the battlefields).
(C) 1 member with demonstrated expertise in historic
preservation.
(D) 1 member who is a recognized historian with expertise
in Civil War history.
(E) The Governor of Virginia, or a designee of the
Governor, ex officio.
(F) The Director of the National Park Service, or a
designee of the Director, ex officio.
(3) Appointments.--Members of the Commission shall be
appointed for terms of 3 years. Any member of the Commission
appointed for a definite term may serve after the expiration
of the term until the successor of the members is appointed.
(4) Election of officers.--The Commission shall elect 1 of
its members as Chairperson and 1 as Vice Chairperson. The
Vice Chairperson shall serve as Chairperson in the absence of
the Chairperson.

[[Page H11011]]

(5) Vacancy.--Any vacancy on the Commission shall be filled
in the same manner in which the original appointment was
made, except that the Secretary shall fill any vacancy within
30 days after the vacancy occurs.
(6) Quorum.--Any majority of the Commission shall
constitute a quorum.
(7) Meetings.--The Commission shall meet at the call of the
Chairperson or a majority of the members of the Commission,
but not less than quarterly. Notice of the Commission
meetings and agendas for the meetings shall be published in
local newspapers that have a distribution throughout the
Shenandoah Valley. Meetings of the Commission shall be
subject to section 552b of title 5, United States Code
(relating to open meetings).
(8) Staff of the Commission.--The Commission shall have the
power to appoint and fix the compensation of such staff as
may be necessary to carry out its duties.
(9) Administrative support services.--The Administrator of
the General Services Administration shall provide to the
Commission, without reimbursement, such administrative
support services as the Commission may request.
(10) Federal agencies.--Upon request of the Commission, the
head of any Federal agency may detail to the Commission or
management entity, without reimbursement, personnel of the
agency to assist the Commission or management entity in
carrying out its duties and such detail shall be without
interruption or loss of civil service status, benefits, or
privileges.
(11) Subpoenas.--The Commission may not issue subpoenas or
exercise any subpoena authority.
(12) Expenses.--Members of the Commission shall serve
without compensation, but the Secretary may reimburse members
for expenses reasonably incurred in carrying out the
responsibilities of the Commission under this Act.
(13) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(14) Gifts.--The Commission may, for purposes of carrying
out the duties of the Commission, seek, accept, and dispose
of gifts, bequests, or donations of money, personal or real
property, or services received from any source.
(15) Termination.--The Commission shall terminate at the
expiration of the 45-day period beginning on the date on
which the Secretary approves the plan under subsection
(f)(4).
(i) Duties of the Commission.--
(1) In general.--The Commission shall--
(A) develop the plan and draft plan referred to in
subsection (f), in consultation with the Secretary;
(B) assist the Commonwealth of Virginia, and any political
subdivision thereof, in the management, protection, and
interpretation of the natural, cultural, and historical
resources within the District, except that the Commission
shall in no way infringe upon the authorities and policies of
the Commonwealth of Virginia or any political subdivision;
and
(C) take appropriate action to encourage protection of the
natural, cultural, and historic resources within the District
by landowners, local governments, organizations, and
businesses.
(j) Authorization of Appropriations.--
(1) In general.--From the amounts made available to carry
out the National Historic Preservation Act, there are
authorized to be appropriated to the Commission not more than
$250,000 annually to remain available until expended.
(2) Assistance.--(A) From the amounts made available to
carry out the National Historic Preservation Act, there are
authorized to be appropriated to the Secretary for grants and
technical assistance pursuant to subsections (g)(1), (2), and
(3) not more than $2,000,000 annually to remain available
until expended.
(B) The Federal share of any funds awarded under subsection
(g)(2) may not exceed the amount of non-Federal funds
provided for the preservation, interpretation, planning,
development, or implementation with respect to which the
grant is awarded.
(3) Land acquisition.--From the amounts made available to
carry out the National Historic Preservation Act, there are
authorized to be appropriated for land acquisition pursuant
to subsection (g)(4) not more than $2,000,000 annually to
remain available until expended.
(4) Management entity.--From the amounts made available to
carry out the National Historic Preservation Act, there are
authorized to be appropriated to the management entity not
more than $500,000 annually to remain available until
expended.
TITLE VII--FEES

SEC. 701. SKI AREA PERMIT RENTAL CHARGE.

(a) The Secretary of Agriculture shall charge a rental
charge for all ski area permits issued pursuant to section 3
of the National Forest Ski Area Permit Act of 1986 (16 U.S.C.
497b), the Act of March 4, 1915 (38 Stat. 1101, chapter 144;
16 U.S.C. 497), or the 9th through 20th paragraphs under the
heading ``SURVEYING THE PUBLIC LANDS'' under the heading
``UNDER THE DEPARTMENT OF THE INTERIOR'' in the Act of June
4, 1897 (30 Stat. 34, chapter 2), on National Forest System
lands. Permit rental charges for permits issued pursuant to
the National Forest Ski Area Permit Act of 1986 shall be
calculated as set forth in subsection (b). Permit rental
charges for existing ski area permits issued pursuant to the
Act of March 4, 1915, and the Act of June 4, 1897, shall be
calculated in accordance with those existing permits:
Provided, That a permittee may, at the permittee's option,
use the calculation method set forth in subsection (b).
(b)(1) The ski area permit rental charge (SAPRC) shall be
calculated by adding the permittee's gross revenues from lift
ticket/year-round ski area use pass sales plus revenue from
ski school operations (LT+SS) and multiplying such total by
the slope transport feet percentage (STFP) on National Forest
System land. That amount shall be increased by the gross
year-round revenue from ancillary facilities (GRAF)
physically located on national forest land, including all
permittee or subpermittee lodging, food service, rental
shops, parking and other ancillary operations, to determine
the adjusted gross revenue (AGR) subject to the permit rental
charge. The final rental charge shall be calculated by
multiplying the AGR by the following percentages for each
revenue bracket and adding the total for each revenue
bracket:
(A) 1.5 percent of all adjusted gross revenue below
$3,000,000;
(B) 2.5 percent for adjusted gross revenue between
$3,000,000 and $15,000,000;
(C) 2.75 percent for adjusted gross revenue between
$15,000,000 and $50,000,000; and
(D) 4.0 percent for the amount of adjusted gross revenue
that exceeds $50,000,000.

Utilizing the abbreviations indicated in this subsection the
ski area permit fee (SAPF) formula can be simply illustrated
as:

SAPF = ((LT + SS) STFP) + GRAF = AGR; AGR % BRACKETS

(2) In cases where ski areas are only partially located on
national forest lands, the slope transport feet percentage on
national forest land referred to in subsection (b) shall be
calculated as generally described in the Forest Service
Manual in effect as of January 1, 1992. Revenues from Nordic
ski operations shall be included or excluded from the rental
charge calculation according to the percentage of trails
physically located on national forest land.
(3) In order to ensure that the rental charge remains fair
and equitable to both the United States and the ski area
permittees, the adjusted gross revenue figures for each
revenue bracket in paragraph (1) shall be adjusted annually
by the percent increase or decrease in the national Consumer
Price Index for the preceding calendar year. No later than 3
years after the date of enactment of this Act and every 5
years thereafter the Secretary shall submit to the Committee
on Energy and Natural Resources of the United States Senate
and the Committee on Resources of the United States House of
Representatives a report analyzing whether the ski area
permit rental charge legislated by this Act is returning a
fair market value rental to the United States together with
any recommendations the Secretary may have for modifications
of the system.
(c) The rental charge set forth in subsection (b) shall be
due on June 1 of each year and shall be paid or pre-paid by
the permittee on a monthly, quarterly, annual or other
schedule as determined appropriate by the Secretary in
consultation with the permittee. Unless mutually agreed
otherwise by the Secretary and the permittee, the payment or
prepayment schedule shall conform to the permittee's schedule
in effect prior to enactment of this Act. To reduce costs to
the permittee and the Forest Service, the Secretary shall
each year provide the permittee with a standardized form and
worksheets (including annual rental charge calculation
brackets and rates) to be used for rental charge calculation
and submitted with the rental charge payment. Information
provided on such forms shall be compiled by the Secretary
annually and kept in the Office of the Chief, United States
Forest Service.
(d) The ski area permit rental charge set forth in this
section shall become effective on June 1, 1996 and cover
receipts retroactive to June 1, 1995: Provided however, That
if a permittee has paid rental charges for the period June 1,
1995, to June 1, 1996, under the graduated rate rental charge
system formula in effect prior to the date of enactment of
this Act, such rental charges shall be credited toward the
new rental charge due on June 1, 1996. In order to ensure
increasing rental charge receipt levels to the United States
during transition from the graduated rate rental charge
system formula to the formula of this Act, the rental charge
paid by any individual permittee shall be--
(1) for the 1995-1996 permit year, either the rental charge
paid for the preceding 1994-1995 base year or the rental
charge calculated pursuant to this Act, whichever is higher;
(2) for the 1996-1997 permit year, either the rental charge
paid for the 1994-1995 base year or the rental charge
calculated pursuant to this Act, whichever is higher; and
(3) for the 1997-1998 permit year, either the rental charge
for the 1994-1995 base year or the rental charge calculated
pursuant to this Act, whichever is higher.

If an individual permittee's adjusted gross revenue for the
1995-1996, 1996-1997, or 1997-1998 permit years falls more
than 10 percent below the 1994-1995 base year, the rental
charge paid shall be the rental charge calculated pursuant to
this Act.
(e) Under no circumstances shall revenue, or subpermittee
revenue (other than lift ticket, area use pass, or ski school
sales) obtained from operations physically located on non-
national forest land be included in the ski area permit
rental charge calculation.
(f) To reduce administrative costs of ski area permittees
and the Forest Service the terms ``revenue'' and ``sales'',
as used in this section, shall mean actual income from sales
and shall not include sales of operating equipment, refunds,
rent paid to the permittee by sublessees, sponsor
contributions to special events or any amounts attributable
to employee gratuities or employee lift tickets, discounts,
or other goods or services (except for bartered goods and
complimentary lift tickets) for which the permittee does not
receive money.
(g) In cases where an area of national forest land is under
a ski area permit but the permittee does not have revenue or
sales qualifying for

[[Page H11012]]

rental charge payment pursuant to subsection (a), the
permittee shall pay an annual minimum rental charge of $2 for
each national forest acre under permit or a percentage of
appraised land value, as determined appropriate by the
Secretary.
(h) Where the new rental charge provided for in subsection
(b)(1) results in an increase in permit rental charge greater
than one-half of 1 percent of the permittee's adjusted gross
revenue as determined under subsection (b)(1), the new rental
charge shall be phased in over a five year period in a manner
providing for increases of approximately equal increments.
(i) To reduce Federal costs in administering the provisions
of this Act, the reissuance of a ski area permit to provide
activities similar in nature and amount to the activities
provided under the previous permit shall not constitute a
major Federal action for the purposes of the National
Environmental Policy Act of 1969 (42 U.S.C. 4331 et seq.).
(j) Subject to valid existing rights, all lands located
within the boundaries of ski area permits issued prior to, on
or after the date of enactment of this Act pursuant to
authority of the Act of March 4, 1915 (38 Stat. 1101, chapter
144; 16 U.S.C. 497), and the Act of June 4, 1897, or the
National Forest Ski Area Permit Act of 1986 (16 U.S.C. 497b)
are hereby and henceforth automatically withdrawn from all
forms of appropriation under the mining laws and from
disposition under all laws pertaining to mineral and
geothermal leasing and all amendments thereto. Such
withdrawal shall continue for the full term of the permit and
any modification, reissuance, or renewal thereof. Unless the
Secretary requests otherwise of the Secretary of the
Interior, such withdrawal shall be canceled automatically
upon expiration or other termination of the permit and the
land automatically restored to all appropriation not
otherwise restricted under the public land laws.

SEC. 702. DELAWARE WATER GAP.

(a) In General.--Effective at noon on September 30, 2005,
the use of Highway 209 within Delaware Water Gap National
Recreation Area by commercial vehicles, when such use is not
connected with the operation of the recreation area, is
prohibited, except as provided in subsection (b).
(b) Local Business Use Protected.--Subsection (a) does not
apply with respect to the use of commercial vehicles to serve
businesses located within or in the vicinity of the
recreation area, as determined by the Secretary.
(c) Conforming Provisions.--
(1) Paragraphs (1) through (3) of the third undesignated
paragraph under the heading ``ADMINISTRATIVE PROVISIONS'' in
chapter VII of title I of Public Law 98-63 (97 Stat. 329) are
repealed, effective September 30, 2005.
(2) Prior to noon on September 30, 2005, the Secretary
shall collect and utilize a commercial use fee from
commercial vehicles in accordance with paragraphs (1) through
(3) of such third undesignated paragraph. Such fee shall not
exceed $25 per trip.

SEC. 703. VISITOR SERVICES.

(a) Short Title.--This section may be cited as the
``Visitor Services Improvement and Outdoor Legacy Act of
1996''.
(b) Purpose.--The purpose of this section is to improve the
overall quality of the visitor recreation experience on
Federal lands through increased funding provided by an
innovative and incentive-based recreation fee program
combined with an appropriation targeted to meet the
increasing demand for recreational use of the Federal lands.
(c) Repeal of Existing Recreation Fee Program and
Establishment of New Recreation Fee Program.--Section 4 of
the Land and Water Conservation Fund Act of 1965 (16 U.S.C.
460l-6a) is amended to read as follows:

``recreation fee program

``Sec. 4. (a) Program Goals and Policies.--
``(1) Congressional goals.--It is the policy of Congress
that the Federal land management agencies develop and
implement high quality recreation programs adequate to meet
the needs of the American people and to fund a portion of the
cost of providing recreation services through recreation
fees.
``(2) Administrative policies.--The administering
Secretaries shall jointly issue an integrated policy for the
establishment and collection of recreation fees under this
section. Such policy shall--
``(A) permit flexibility with regard to the amounts
charged;
``(B) provide for maximization of the number of persons who
pay fees to ensure that fees remain at the lowest possible
level;
``(C) provide that comparable fees be charged by the
several Federal agencies for similar services and facilities;
``(D) provide for the establishment of fees in a manner
which is equitable among user groups and which accounts for
any other fees, such as commercial tour fees and concession
fees, which are paid by user groups and used on Federal lands
for recreational purposes;
``(E) define administrative overhead and specify accounting
procedures to ensure that administrative overhead is not
included in the cost of visitor services provided;
``(F) provide for a uniform procedure for accounting for
fees collected under this section; and
``(G) recognize the importance of the convenience of the
public by avoiding fee programs which are overly complex or
which would require the payment of numerous fees at a
particular area.
``(b) Definitions.--For the purposes of this section:
``(1) Administering secretaries.--The term `administering
Secretaries' means--
``(A) the Secretary of Agriculture with respect to the
Forest Service; and
``(B) the Secretary of the Interior with respect to the
National Park Service and Bureau of Land Management.
``(2) Agency.--The term `agency' means an agency referred
to in paragraph (1)(A) or (B).
``(3) Area.--The term `area' means an administrative area
managed by an agency, such as a unit of the National Park
System or a national forest.
``(4) Area of concentrated public use.--The term `area of
concentrated public use' means an area or portion of an area
which--
``(A) provides developed facilities or services necessary
to accommodate public use maintained at Federal expense;
``(B) contains at least one major visitor attraction,
including (but not limited to) a lake, river, historical or
cultural site, or geologic feature; and
``(C) provides public access such that admission fees can
be cost-effectively collected.
``(5) Recreation fees.--The term `recreation fees' means
admission fees, recreation use fees, and fees granted to
Federal agencies from States whether collected by agency
personnel or others.
``(6) Admission fees.--The term `admission fees' means fees
charged for entry into any area designated by the
administering Secretary.
``(7) Recreation use fees.--The term `recreation use fees'
means the charge for specialized recreation services or
facilities furnished at Federal Government expense, including
(but not limited to) campgrounds, boat ramps, and back
country camping by permit.
``(8) Visitor services.--The term `visitor services' means
services and costs directly associated with management of
recreation visitors to Federal lands, including (but not
limited to) such programs as maintenance of facilities which
serve primarily visitor recreation use (such as campgrounds,
scenic roads, trails, visitor centers and picnic areas),
public information and interpretation, resource protection
directly related to public use (such as stream improvement to
improve fishing or mitigation of impacts to resources
resulting from visitor use), and other activities of
personnel assigned predominantly to management of visitors or
public safety programs, but not including costs of regional
and Washington headquarters offices or any administrative
services such as personnel, budget and finance, and
procurement.
``(9) Concession fees.--The term `concession fees' means
fees paid to the United States pursuant to provisions of law
other than this section for the privilege of providing
concession services, fees paid for the lease of government-
owned facilities, and non-Federal amounts paid for
construction of visitor facilities.
``(c) Establishment.--
``(1) In general.--In order to improve the quality of the
visitor experience on Federal lands, the administering
Secretaries shall establish and implement a fee program in
accordance with this section which provides for partial
recovery of the costs of visitor services provided through
admission fees, recreation use fees, and concession fees. In
carrying out such program, the administering Secretaries are
authorized and directed to collect admission fees in
accordance with this section at areas administered by the
National Park Service and areas of concentrated public use.
In addition, the administering Secretaries shall collect
recreation use fees at areas under their administration.
``(2) Factors in establishing and adjusting amount of
fees.--(A) All fees established pursuant to this section
shall be fair and equitable, taking into consideration the
cost to the Federal Government, the benefits to the
recipient, the public policy or interest served, the
comparable recreation fees charged by other public and
private entities, the economic and administrative feasibility
of fee collection, convenience to the recreation user, and
other pertinent factors.
``(B) Any adjustments in fees shall take into account the
factors specified in subparagraph (A). Any increases in fees
shall be on an incremental basis over time.
``(3) Public comment and federal register notice on
admission and commercial tour fees.--(A) In the case of
public admission fees, the administering Secretaries shall
publish in the Federal Register, for a 30-day comment period,
a proposed schedule of all changes to such fees not later
than six months prior to such fee changes.
``(B) In the case of changes to commercial tour fees or
initiating a new commercial tour fee, the administering
Secretaries shall publish in the Federal Register--
``(i) for a 30-day comment period, a proposed schedule of
all changes in such fees not later than 14 months prior to
such fee change or initiation; and
``(ii) a final schedule not later than 12 months prior to
such fee change or initiation.
``(4) Continuation of fee authority.--Until an admission or
commercial tour fee is initiated and in effect under this
section, the admission or commercial tour fee at an area
administered by the agencies shall be determined in
accordance with the applicable laws in effect on the day
before the date of enactment of the Visitor Services
Improvement and Outdoor Legacy Act of 1996.
``(5) Notice of fees.--Clear notice that a fee has been
established pursuant to this section, and the amount thereof,
shall be prominently posted at appropriate locations in each
area and shall be included in agency publications distributed
with respect to such areas.
``(6) Fee collection personnel.--Personnel exclusively
assigned to fee collection duties, which are over and above
the number of such personnel assigned exclusively to fee
collection duties on the day prior to enactment of the
Visitor Services Improvement and Outdoor Legacy Act of 1996,
shall not be counted against any full-time equivalent ceiling
established for that agency.
``(d) Recreation Fees.--

[[Page H11013]]

``(1) Admission fees.--Reasonable admission fees for a
single visit to any designated area shall be established by
the administering Secretary. A `single visit' means a more or
less continuous stay within a designated area. Payment of a
single visit admission fee shall authorize exits from and
reentries to a single designated area for a period of from
one to fifteen days, such period to be defined for each
designated area by the administering Secretary based on a
determination of the period of time reasonably and ordinarily
necessary for such a single visit. The entrance fee for
private parties and commercial tours shall be set in
accordance with this section by the administering Secretaries
and may be adjusted, taking into account the factors
specified in subsection (c)(2). The Secretaries shall ensure
that where appropriate the admission fee schedule developed
provides economic incentives for use of alternative modes of
transportation, including mass transportation, at areas
experiencing high levels of automobile traffic. The
administering Secretaries are authorized to implement
admission fee practices which vary by day of the week,
season, expedite entry and reduce congestion. The fee for
single admission visits shall be no greater than $10 per
person or $25 per vehicle.
``(2) Annual admission permits: golden eagle passport.--(A)
Golden eagle passport.--For admission into any area at which
admission fees are charged pursuant to this section, an
admission permit, to be known as the `Golden Eagle Passport',
valid for a 12-month period, shall be available. The fee for
the passport shall be set jointly by the administering
Secretaries, taking into account the factors specified in
subsection (c)(2). The permittee and all persons accompanying
the permittee in a single, private, non-commercial vehicle
or, alternatively, the permittee and the permittee's spouse,
children, and parents accompanying the permittee shall be
entitled to general admission into any area designated
pursuant to this section. The permit shall be
nontransferable, and the unlawful use thereof shall be
punishable in accordance with regulations established
pursuant to subsection (g). The permit shall be available for
purchase at any such designated area. The fee for a Golden
Eagle Passport shall be no greater than $50.
``(B) Non-Federal sale.--The administering Secretaries may
authorize units of State or local government, organizations,
businesses, and nonprofit entities to sell and collect
admission fees, including the Golden Eagle Passport, subject
to such conditions as the Secretaries may jointly prescribe.
The Secretaries shall develop detailed guidelines for
promotional advertising of non-Federal passport sales and
monitor compliance with those guidelines. The Secretaries may
authorize the seller or sellers to maintain an inventory of
Golden Eagle Passports for periods not to exceed six months
and to withhold amounts up to, but not exceeding, eight
percent of the gross fees collected from Golden Eagle
Passport sales as reimbursement for actual expenses of the
sales.
``(C) Discount for persons 62 years of age or older.--The
administering Secretaries shall provide for the sale of the
Golden Eagle Passport to persons 62 years of age or older at
a rate which is no more than 50 percent of the established
rate for the Golden Eagle Passport. Such passport shall
provide the same privileges as any other passport issued
pursuant to this subsection, except that such passport shall
cover admission only for the purchaser and one accompanying
individual.
``(3) Annual geographic admission permits.--For admission
into a specific designated area or into several specific
areas located in a particular geographic region at which
admission fees are charged pursuant to this section, the
administering Secretary or Secretaries are authorized to make
available an annual admission permit. The permit shall convey
the privileges of, and shall be subject to the same terms and
conditions as, the Golden Eagle Passport, except that it
shall be valid only for admission into the specific area or
areas indicated at the time of purchase. The fee for an
annual geographic admission permit shall be no greater than
$25.
``(4) Golden access passport.--The Secretary of the
Interior and the Secretary of Agriculture shall establish
procedures providing for the issuance of a lifetime admission
permit to any citizen of, or person legally domiciled in, the
United States, if such citizen or person applies for such
permit and is permanently disabled. Such procedures shall
ensure that a lifetime admission permit shall be issued only
to persons who have been medically determined to be
permanently disabled. A lifetime admission permit shall be
nontransferable, shall be issued without charge, and shall
entitle the permittee and one accompanying individual to
general admission into any area designated pursuant to this
section, notwithstanding the method of travel.
``(5) Recreation use fees.--Each agency developing,
administering, providing, or furnishing at Federal expense
services for such activities as camping at campgrounds with
basic sanitation and public safety services, back country
camping under permit, developed swimming sites, boat launch
facilities, group activities including picnic sites, managed
parking lots, motorized recreation use and other recreation
uses, shall in accordance with this section provide for the
collection of recreation use fees at the place of use or any
reasonably convenient location. The administering Secretary
may establish both daily and annual recreation use fees. Fees
may not be charged by any such agency for the use, either
singly or in any combination, of drinking water, wayside
exhibits, overlook sites, toilet facilities, picnic tables,
or visitor centers for areas where admission fees are
charged.
``(6) Commercial tour use fee.--(A) For each area for which
an admission fee is charged under this section, the
administering Secretary shall charge an admission fee for
each vehicle entering the area for the purpose of providing
commercial tour services. Such admission fees shall be
charged on a per vehicle basis and shall be deposited into
the special account established under subsection (e).
``(B) The administering Secretary shall establish fees per
commercial tour entry as follows:
``(i) $25 per vehicle with a passenger capacity of 25
persons or less; and
``(ii) $50 per vehicle with a passenger capacity of 26 or
more persons
``(C) The administering Secretary may periodically make
adjustments to such fees in accordance with subsection
(c)(3)(B).
``(D) At Grand Canyon, Hawaii Volcanoes, and Haleakala
National Parks only, the Secretary of the Interior is
authorized to charge a fee for aircraft providing scenic
tours of these areas. Fees for such aircraft use shall be in
accordance with subparagraph (B), except as provided in
subparagraph (E).
``(E) Within 12 months after the date of enactment of the
Visitor Services Improvement and Outdoor Legacy Act of 1996,
the Secretary of the Interior and the Secretary of
Transportation shall jointly submit a report to the
appropriate committees of Congress outlining revisions to the
commercial tour fee schedule for aircraft which encourages
the use of quiet aircraft technology.
``(7) Transportation provided by the secretary.--Where the
administering Secretary provides transportation to visit all
or a portion of any area, he may impose a charge for such
service in lieu of an admission fee. Collection of such fees
may occur at the transportation staging area or any
reasonably convenient location, whether inside or outside of
the area boundary. The administering Secretary may enter into
arrangements with qualified public or private entities
pursuant to which such entities may collect such fees. Such
funds collected shall be retained at the area where the
service was provided and expended for costs associated with
the transportation system. The charge imposed under this
paragraph shall not exceed the limits established in
subsection (d)(1).
``(8) Access provided by concessioner.--Where the primary
public access to an area at which an admission fee is charged
is provided by a concessioner, the administering Secretary
may not charge an admission fee.
``(9) Free admission for persons 12 years of age or
under.--A person who is 12 years of age or under shall be
charged no admission fee at any area at which admission fees
are charged.
``(e) Establishment of Accounts and Deposit of Recreation
Fees.--
``(1) Establishment.--The Secretary of the Treasury shall
establish a special account in the Treasury for each agency
which collects recreation fees under this section. Within
each such account, the administering Secretary shall
separately account for receipts and disbursements of funds
for each area.
``(2) Deposits.--(A) The administering Secretary shall
deposit in each agency account all receipts from fees
collected pursuant to this section by any Federal agency (or
by any public or private entity under contract with a Federal
agency).
``(B) All funds from the sale of the Golden Eagle Passport
shall be divided among the agencies based on a formula which
the administering Secretaries shall devise and which
considers total recreation admission fees collected by the
agency and total recreation use at designated admission fee
areas provided by the agency. Funds from the sale of the
Golden Eagle Passport shall be deposited as recreation fees
collected into the appropriate agency account.
``(C) All funds from the sale of geographic admission
permits under subsection (d)(3) shall be divided among the
areas for which such permits were issued on the basis of
visitor use, length of stay, and other pertinent factors as
determined by the administering Secretaries and shall be
deposited as recreation fees collected from those areas into
the appropriate agency account.
``(3) Fee collection costs.--Notwithstanding any other
provision of law, the administering Secretary may, in any
fiscal year, withdraw from the special account established
under paragraph (1) an amount up to 15 percent of all
receipts collected under this section in the preceding fiscal
year. The amounts so withdrawn shall be retained by the
administering Secretaries, and shall be available, without
further appropriation, for expenditure by the Secretary
concerned to cover fee collection costs, and shall remain
available until expended. For the purposes of this paragraph,
for any fiscal year, the term `fee collection costs' means
those costs for personnel and infrastructure directly
associated with the collection of fees imposed under this
section.
``(4) Use of special accounts.--Amounts covered into the
special account for each agency during each fiscal year shall
be available after the end of such fiscal year for
appropriation for visitor services, except as provided in
paragraphs (3) and (5). Funds credited to the special account
shall remain available until expended.
``(5) Availability of recreation fees.--(A) Of amounts
deposited in special accounts (as established in paragraph
(1)) in the Treasury for the National Park Service, beginning
in fiscal year 1998, 100 percent of the amounts earned in the
previous year in excess of the following amounts (except for
amounts made available for fee collection costs under
paragraph (3)) shall be made available to the National Park
Service without further appropriation as follows:

Amount Fiscal year
$ 85,000,000.................................................1998
88,000,000.................................................1999
91,000,000.................................................2000
94,000,000.................................................2001
97,000,000.................................................2002
100,000,000.................................................2003
103,000,000.................................................2004

[[Page H11014]]

106,000,000.................................................2005
109,000,000................................................2006.

``(B) Of the funds deposited in special accounts (as
established in paragraph (1)) in the Treasury for the Forest
Service and the Bureau of Land Management, beginning in
fiscal year 1998 and extending through fiscal year 2006, 100
percent of the amounts earned in the previous year in excess
of $10,000,000 and $4,000,000 respectively (except for
amounts made available for fee collection costs under
paragraph (3)) shall be made available without further
appropriations.
``(C) Beginning in fiscal year 2007, and each fiscal year
thereafter, the amount which shall be available without
further appropriation for each agency shall be the amount in
excess of the amounts specified for deposit in the Treasury
in fiscal year 2006 under subparagraph (A) or (B), as the
case may be.
``(6) Use of recreation fees.--Of the amounts made
available without appropriation under paragraph (5), after
the application of paragraph (3), 75 percent shall be
allocated among the areas of each agency in the same
proportion as fees collected from that specific area bear to
the total amount of fees collected from all areas of that
agency for the fiscal year. The remainder of the fees
collected pursuant to this section shall be allocated among
each agency's areas on the basis of need as determined by the
Secretary. All such funds shall remain available until
expended. Funds deposited into accounts under this paragraph
may only be used (A) to fund visitor services on Federal
lands, (B) for repair, rehabilitation, or replacement of
visitor use facilities, and (C) for construction of new
facilities as necessary to establish a recreation fee program
at any area.
``(f) Enforcement of Fee Collection Policies.--In
accordance with the provisions of this section, the
administering Secretaries may prescribe rules and regulations
for areas under their administration for the collection of
any fee established pursuant to this section. Persons
authorized by the administering Secretaries to enforce any
such rules or regulations issued under this section may,
within areas under the administration or authority of such
administering Secretary and with or, if the offense is
committed in his presence, without a warrant, arrest any
person who violates such rules and regulations. Any person so
arrested may be tried and sentenced by the United States
magistrate specifically designated for that purpose by the
court by which he was appointed, in the same manner and
subject to the same conditions as provided in subsections
(b), (c), (d), and (e) of section 3401 of title 18, United
States Code. Any violations of the rules and regulations
issued under this subsection shall be punishable by a fine as
provided by law.
``(g) Non-Federal Reservations.--The administering
Secretary, under such terms and conditions as he deems
appropriate, may contract with any public or private entity
to provide visitor reservation services. Any such contract
may provide that the contractor shall be permitted to deduct
a commission to be fixed by the agency head from the amount
charged the public for providing such services and to remit
the net proceeds therefrom to the contracting agency.
``(h) Use of Volunteers For Fee Collection.--When
authorized by the administering Secretary, volunteers at
designated areas may collect fees authorized or established
pursuant to this section. The administering Secretary shall
ensure that such volunteers have adequate training for this
purpose. The administering Secretary may require a surety
bond for any such volunteer performing services under this
subsection. Funds available to the collecting agency may be
used to cover the cost of any such surety bond.
``(i) Mitigation of Any Impacts of Recreational Fees on
Low-Income Individuals.--In carrying out this section, the
administering Secretaries shall implement such programs as
are necessary to ensure any impacts of recreational fees on
low-income persons are minimized. The administering
Secretaries shall determine any effects on low-income
individuals of recreation use and admission fees and shall
jointly submit recommendations to the Congress regarding
actions to be taken to resolve such impacts.
``(j) Limitations on Fees.--
``(1) Activities not subject to fees.--Nothing in this
section shall be construed to--
``(A) authorize Federal hunting or fishing licenses or
fees;
``(B) affect any rights or authority of the States with
respect to fish and wildlife;
``(C) authorize the collection of fees from any person who
has a right of access for hunting or fishing privileges under
a specific provision of law or treaty;
``(D) authorize charges for commercial or other activities
not related to recreation; or
``(E) authorize an admission fee or a commercial tour fee
at any area for organized school groups on outings conducted
for educational purposes.
``(2) Through travel.--No admission fee shall be charged
for travel by private, noncommercial vehicle or commercial
tour vehicle over any national parkway or any road or highway
established as a part of the National Federal Aid System, as
defined in section 101, title 23, United States Code, which
is commonly used by the public as a means of travel between
two places either or both of which are outside the area. Nor
shall any fee be charged for travel by private, noncommercial
vehicle over any road or highway to any land in which such
person has any property right if such land is within any such
designated area.
``(3) Persons conducting governmental business.--No
admission fee shall be charged to persons engaged in the
conduct of official Federal, State or local government
business or to others authorized by the administering
Secretary to conduct administrative duties within the area.
``(4) Lifetime admission permits.--No admission fee shall
be charged under this section to any person who possesses a
lifetime admission permit issued under section 4(a)(4) of
this Act as in effect on the day before the date of the
enactment of the Visitor Services Improvement and Outdoor
Legacy Act of 1996.
``(k) Annual Reporting Requirements.--Reports indicating
the number and location of fee collection areas, visitor use
statistics, fees collected, and other pertinent data, shall
be coordinated and compiled by the administering Secretaries
and transmitted to the Committee on Resources of the United
States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate. In order
to enable Congress to discern the specific benefits of this
section, the agencies shall include in the report area-
specific details on what is being accomplished with funds
provided pursuant to this section. These reports shall be
transmitted annually not later than the submission of the
President's budget under section 1105 of title 31, United
States Code, and shall include any recommendations which the
Secretaries may have with respect to improving the recreation
fee program.
``(l) Exemption of Fees.--Amounts collected under this
section which exceed the 1995 authorized recreation receipts
shall not be taken into account for the purposes of the Act
of May 23, 1908, and the Act of March 1, 1911 (16 U.S.C.
500), the Act of March 4, 1913 (16 U.S.C. 501), the Act of
July 22, 1937 (7 U.S.C. 1012), the Act of August 8, 1937, and
the Act of May 24, 1939 (43 U.S.C. 1181f et seq.), the Act of
June 14, 1926 (43 U.S.C. 869-4), chapter 69 of title 31,
United States Code, section 401 of the Act of June 15, 1935
(16 U.S.C. 715s), the Land and Water Conservation Fund Act of
1965 (16 U.S.C. 460l-1-4-460l-11), and any other provision of
law relating to revenue allocation.''.
(d) Conforming amendments.--(1)(A)(i) Title I of the
Department of the Interior and Related Agencies
Appropriations Act, 1994 is amended by striking out the third
proviso under the heading ``administrative provisions'' which
is under the heading ``National Park Service'' (related to
recovery of costs associated with special use permits).
(ii) For those recreational activities for which a fee was
charged prior to September 30, 1995, under the provision of
law amended by subparagraph (A), the Secretary may continue
to charge and retain all such fees until such park is
authorized to charge and retain such fees under section 4 of
the Land and Water Conservation Fund Act of 1965.
(B) Section 3 of the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 3), is amended--
(i) by inserting ``(a)'' after ``3.''; and
(ii) by adding at the end the following:
``(b) The Secretary shall publish regulations governing
commercial or nonrecreational special uses of units of the
National Park System for which a fee is not authorized to be
charged under section 4 of the Land and Water Conservation
Fund Act of 1965 (16 U.S.C. 460l-6), including (but not
limited to) such activities as filming, special athletic or
sporting events, weddings, cultural events and festivals.
After adoption of such regulations, the Secretary may retain
an amount equal to the direct administrative costs associated
with issuing any permits and managing such activities
(including, but not limited to, personnel costs, clean up
costs, and other special services) for which such permit is
issued. Such amounts retained shall be credited to the
appropriation current at the time, and may only be spent for
activities directly in support of the purposes for which the
permit was issued. Such amounts retained are authorized to
remain available until expended.''.
(2) The following Public Laws are amended as follows:
(A) Section 5(e) of Public Law 87-657 (16 U.S.C. 459c-
5(e)), as amended, is hereby repealed.
(B) Section 3(b) of Public Law 87-750 (16 U.S.C. 398e(b))
is hereby repealed.
(C) Section 4(e) of Public Law 92-589 (16 U.S.C. 460bb-3),
as amended, is further amended by striking the first
sentence.
(D) Section 6(j) of Public Law 95-348 (92 Stat. 493) is
hereby repealed.
(E) Section 207 of Public Law 96-199 (94 Stat. 77) is
hereby repealed.
(F) Section 106 of Public Law 96-287 (94 Stat. 600) is
amended by striking the last sentence.
(G) Section 204 of Public Law 96-287 (94 Stat. 601) is
amended by striking the last sentence.
(H) Section 5 of Public Law 96-428 (94 Stat. 1842) is
hereby repealed.
(I) Public Law 100-55 (101 Stat. 371) is hereby repealed.
(J) Section 203 of the Alaska National Interest Lands
Conservation Act shall not apply with respect to charging an
admission fee at Denali National Park and Preserve in Alaska.
(e) Savings Provision Relating to Areas Administered by the
United States Army Corps of Engineers.--Areas at civil works
projects administered by the United States Army Corps of
Engineers shall be subject to section 4 of the Land and Water
Conservation Fund Act of 1965, as in effect immediately
before the enactment of this Act, in lieu of being subject to
the amendments made by this section.
(f) Applicability of This Section.--Notwithstanding any
other provision of law, this section and the amendments and
repeals made by this section shall apply to all recreation
fees charged by the Forest Service, National Park Service,
and Bureau of Land Management, except for recreation fees
charged by the Forest Service pursuant to Public Law 104-134.

[[Page H11015]]

SEC. 704. GLACIER BAY NATIONAL PARK.

Section 3(g) of Public Law 91-383 (16 U.S.C. 1a-2(g)) is
amended by: striking ``and park programs'' and inserting the
following at the end: ``Sixty percent of the fees paid by
permittees for the privilege of entering into within Glacier
Bay for the period beginning on the first full fiscal year
following the date of enactment of this sentence shall be
deposited into a special account and that such funds shall be
available--
``(1) to the extent determined necessary, to acquire and
preposition necessary and adequate emergency response
equipment to prevent harm or the threat of harm to aquatic
park resources from permittees; and
``(2) to conduct investigations to quantify any effect of
permittees' activity on wildlife and other natural resource
values of Glacier Bay National Park. The investigations
provided for in this subsection shall be designed to provide
information of value to the Secretary, in determining any
appropriate limitations on permittees' activity in Glacier
Bay. The Secretary shall protect park resources through
limitations on permittees in Glacier Bay only if the need for
such limitations is based on substantial verifiable
scientific information, including, but not limited to,
information made available through the investigations under
this subsection. The Secretary may not impose any additional
permittee operating conditions in the areas of air, water,
and oil pollution beyond those determined and enforced by
other appropriate agencies. When competitively awarding
permits to enter Glacier Bay, the Secretary may take into
account the relative impact particular permittees will have
on park values and resources, provided that no operating
conditions or limitations relating to noise abatement shall
be imposed unless the Secretary determines, based on the
weight of the evidence from all available studies including
verifiable scientific information from the investigations
provided for in this subsection, that such limitations or
conditions are necessary to protect park values and
resources. Fees paid by certain permittees for the privilege
of entering into Glacier Bay shall not exceed $5 per
passenger. For the purposes of this subsection, `certain
permittee' shall mean a permittee which provides overnight
accommodations for at least 500 passengers for an itinerary
of at least 3 nights, and `permittee' shall mean a
concessionaire providing visitor services within Glacier Bay.
Nothing in this subsection authorizes the Secretary to
require additional categories of permits in Glacier Bay
National Park.''.
TITLE VIII--MISCELLANEOUS ADMINISTRATIVE AND MANAGEMENT PROVISIONS

SEC. 801. LIMITATION ON PARK BUILDINGS.

The 10th undesignated paragraph (relating to a limitation
on the expenditure of funds for park buildings) under the
heading ``miscellaneous objects, department of the
interior'', which appears under the heading ``under the
department of the interior'', as contained in the first
section of the Act of August 24, 1912 (37 Stat. 460), as
amended (16 U.S.C. 451), is hereby repealed.

SEC. 802. APPROPRIATIONS FOR TRANSPORTATION OF CHILDREN.

The first section of the Act of August 7, 1946 (16 U.S.C.
17j-2), is amended by adding at the end the following:
``(j) Provide transportation for children in nearby
communities to and from any unit of the National Park System
used in connection with organized recreation and interpretive
programs of the National Park Service.''.

SEC. 803. FERAL BURROS AND HORSES.

(a) Vehicles and Aircraft.--Section 9 of the Act of
December 15, 1971 (16 U.S.C. 1338a), is amended by adding at
the end thereof the following: ``Nothing in this title shall
be deemed to limit the authority of the Secretary in the
management of units of the National Park System, and the
Secretary may, without regard either to the provisions of
this title, or the provisions of section 47(a) of title 18,
United States Code, use motor vehicles, fixed-wing aircraft,
or helicopters, or to contract for such use, in furtherance
of the management of the National Park System, and section
47(a) of title 18, United States Code, shall be applicable to
such use.''.
(b) Ozark National Scenic Riverways.--Section 7 of the Act
entitled ``An Act to provide for the establishment of the
Ozark National Scenic Riverways in the State of Missouri, and
for other purposes'', approved August 27, 1964 (16 U.S.C.
460m-6), is amended to read as follows:
``Sec. 7. (a) The Secretary, in accordance with this
section, shall allow free-roaming horses in the Ozark
National Scenic Riverways. Within 180 days after enactment of
this section, the Secretary shall enter into an agreement
with the Missouri Wild Horse League or another qualified
nonprofit entity to provide for management of free-roaming
horses. The agreement shall provide for cost-effective
management of the horses and limit Federal expenditures to
the costs of monitoring the agreement. The Secretary shall
issue permits for adequate pastures to accommodate the
historic population level of the free-roaming horse herd,
which shall be not less than the number of horses in
existence on the date of the enactment of this section nor
more than 50.
``(b) The Secretary may not remove, or assist in, or permit
the removal of any free-roaming horses from Federal lands
within the boundary of the Ozark National Scenic Riverways
unless--
``(1) the entity with whom the Secretary has entered into
the agreement under subsection (a), following notice and a
90-day response period, substantially fails to meet the terms
and conditions of the agreement;
``(2) the number of free-roaming horses exceeds 50; or
``(3) in the case of an emergency or to protect public
health and safety, as defined in the agreement.
``(c) Nothing in this section shall be construed as
creating liability for the United States for any damages
caused by the free-roaming horses to property located inside
or outside the boundaries of the Ozark National Scenic
Riverways.''.

SEC. 804. AUTHORITIES OF THE SECRETARY OF THE INTERIOR
RELATING TO MUSEUMS.

(a) Functions.--The Act entitled ``An Act to increase the
public benefits from the National Park System by facilitating
the management of museum properties relating thereto, and for
other purposes'' approved July 1, 1955 (16 U.S.C. 18f), is
amended--
(1) in subsection (b) of the first section, by striking out
``from such donations and bequests of money''; and
(2) by adding at the end thereof the following:

``SEC. 2. ADDITIONAL FUNCTIONS.

``(a) Museum Objects and Collections.--In addition to the
functions specified in the first section of this Act, the
Secretary of the Interior may perform the following functions
in such manner as he shall consider to be in the public
interest:
``(1) Transfer museum objects and museum collections that
the Secretary determines are no longer needed for museum
purposes to qualified Federal agencies, including the
Smithsonian Institution, that have programs to preserve and
interpret cultural or natural heritage, and accept the
transfer of museum objects and museum collections for the
purposes of this Act from any other Federal agency, without
reimbursement. The head of any other Federal agency may
transfer, without reimbursement, museum objects and museum
collections directly to the administrative jurisdiction of
the Secretary of the Interior for the purpose of this Act.
``(2) Convey museum objects and museum collections that the
Secretary determines are no longer needed for museum
purposes, without monetary consideration but subject to such
terms and conditions as the Secretary deems necessary, to
private institutions exempt from Federal taxation under
section 501(c)(3) of the Internal Revenue Code of 1986 and to
non-Federal governmental entities if the Secretary determines
that the recipient is dedicated to the preservation and
interpretation of natural or cultural heritage and is
qualified to manage the property, prior to any conveyance
under this subsection.
``(3) Destroy or cause to be destroyed museum objects and
museum collections that the Secretary determines to have no
scientific, cultural, historic, educational, esthetic, or
monetary value.
``(b) Review and Approval.--The Secretary shall ensure that
museum collections are treated in a careful and deliberate
manner that protects the public interest. Prior to taking any
action under subsection (a), the Secretary shall establish a
systematic review and approval process, including
consultation with appropriate experts, that meets the highest
standards of the museum profession for all actions taken
under this section.''.
(b) Application and Definitions.--The Act entitled ``An Act
to increase the public benefits from the National Park System
by facilitating the management of museum properties relating
thereto, and for other purposes'' approved July 1, 1955 (16
U.S.C. 18f), as amended by subsection (a), is further amended
by adding the following after section 2:

``SEC. 3. APPLICATION AND DEFINITIONS.

``(a) Application.--Authorities in this Act shall be
available to the Secretary of the Interior with regard to
museum objects and museum collections that were under the
administrative jurisdiction of the Secretary for the purposes
of the National Park System before the date of enactment of
this section as well as those museum objects and museum
collections that may be acquired on or after such date.
``(b) Definition.--For the purposes of this Act, the terms
`museum objects' and `museum collections' mean objects that
are eligible to be or are made part of a museum, library, or
archive collection through a formal procedure, such as
accessioning. Such objects are usually movable and include
but are not limited to prehistoric and historic artifacts,
works of art, books, documents, photographs, and natural
history specimens.''.

SEC. 805. VOLUNTEERS IN PARKS INCREASE.

Section 4 of the Volunteers in the Parks Act of 1969 (16
U.S.C. 18j) is amended by striking out ``$1,000,000'' and
inserting in lieu thereof ``$3,500,000''.

SEC. 806. KATMAI NATIONAL PARK AGREEMENTS.

(a) In General.--Section 3 of the Act entitled ``An Act to
improve the administration of the National Park System by the
Secretary of the Interior, and to clarify the authorities
applicable to the system, and for other purposes'' approved
August 18, 1970 (16 U.S.C. 1a-2), is amended--
(1) in paragraph (i), by striking the period at the end
thereof and inserting in lieu thereof ``; and''; and
(2) by adding at the end thereof the following:
``(j) enter into cooperative agreements with public or
private educational institutions, States, and their political
subdivisions, for the purpose of developing adequate,
coordinated, cooperative research and training programs
concerning the resources of the National Park System, and,
pursuant to any such agreements, to accept from and make
available to the cooperator such technical and support staff,
financial assistance for mutually agreed upon research
projects, supplies and equipment, facilities, and
administrative services relating to cooperative research
units as the Secretary deems appropriate; except that this
paragraph shall not waive any requirements for research
projects that are subject to the Federal procurement
regulations.''.

[[Page H11016]]

(b) Volcanological Research in Katmai National Park.--Title
II of the Alaska National Interest Lands Conservation Act (94
Stat. 2377 et seq.) is amended by adding at the end the
following new section:

``SEC. 207. VOLCANOLOGICAL RESEARCH IN KATMAI NATIONAL PARK.

``The Secretary of Interior shall permit personnel, under
the direction of the United States Geological Survey, to
conduct research activities within Katmai National Park for
the purpose of obtaining rock and core samples from the 1912
eruption and to make subsurface measurements for
volcanological research.''.

SEC. 807. CARL GARNER FEDERAL LANDS CLEANUP DAY.

The Federal Lands Cleanup Act of 1985 (36 U.S.C. 169i-169i-
1) is amended by striking the terms ``Federal Lands Cleanup
Day'' each place it appears and inserting ``Carl Garner
Federal Lands Cleanup Day''.

SEC. 808. FORT PULASKI NATIONAL MONUMENT, GEORGIA.

Section 4 of the Act of June 26, 1936 (ch. 844; 49 Stat.
1979), is amended by striking ``: Provided, That'' and all
that follows and inserting a period.

SEC. 809. LAURA C. HUDSON VISITOR CENTER.

(a) Designation.--The visitor center at Jean Lafitte
National Historical Park, located at 419 Rue Decatur in New
Orleans, Louisiana, is hereby designated as the ``Laura C.
Hudson Visitor Center''.
(b) Legal References.--Any reference in any law,
regulation, paper, record, map, or any other document of the
United States to the visitor center referred to in subsection
(a) shall be deemed to be a reference to the ``Laura C.
Hudson Visitor Center''.

SEC. 810. ROBERT J. LAGOMARSINO VISITOR CENTER.

(a) Designation.--The visitor center at the Channel Islands
National Park, California, is designated as the ``Robert J.
Lagomarsino Visitor Center''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other document of the
United States to the visitor center referred to in section
301 is deemed to be a reference to the ``Robert J.
Lagomarsino Visitor Center''.

SEC. 811. EXPENDITURE OF FUNDS OUTSIDE AUTHORIZED BOUNDARY OF
ROCKY MOUNTAIN NATIONAL PARK.

The Secretary of the Interior is authorized to collect and
expend donated funds and expend appropriated funds for the
operation and maintenance of a visitor center to be
constructed for visitors to and administration of Rocky
Mountain National Park with private funds on privately owned
lands located outside the boundary of the park.

SEC. 812. DAYTON AVIATION.

Section 201(b) of the Dayton Aviation Heritage Preservation
Act of 1992 (Public Law 102-419, approved October 16, 1992),
is amended as follows:
(1) In paragraph (2), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(2) In paragraph (4), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(3) In paragraph (5), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(4) In paragraph (6), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.
(5) In paragraph (7), by striking ``from recommendations''
and inserting ``after consideration of recommendations''.

SEC. 813. PROHIBITION ON CERTAIN TRANSFERS OF NATIONAL FOREST
LANDS.

After the date of the enactment of this Act the Secretary
of Agriculture shall not transfer (by exchange or otherwise)
any lands owned by the United States and managed by the
Secretary as part of the Angeles National Forest to any
person unless the instrument of conveyance contains a
restriction, enforceable by the Secretary, on the future use
of such land prohibiting the use of any portion of such land
as a solid waste landfill. Such restriction shall be promptly
enforced by the Secretary when and if a violation of the
restriction occurs.

SEC. 814. GRAND LAKE CEMETERY.

(a) Agreement.--Notwithstanding any other law, not later
than 6 months after the date of enactment of this Act, the
Secretary of the Interior shall enter into an appropriate
form of agreement with the town of Grand Lake, Colorado,
authorizing the town to maintain permanently, under
appropriate terms and conditions, a cemetery within the
boundaries of the Rocky Mountain National Park.
(b) Cemetery Boundaries.--The cemetery shall be comprised
of approximately 5 acres of land, as generally depicted on
the map entitled ``Grand Lake Cemetery'' and dated February
1995.
(c) Availability for Public Inspection.--The Secretary of
the Interior shall place the map described in subsection (b)
on file, and make the map available for public inspection, in
the headquarters office of the Rocky Mountain National Park.
(d) Limitation.--The cemetery shall not be extended beyond
the boundaries of the cemetery shown on the map described in
subsection (b).

SEC. 815. NATIONAL PARK SERVICE ADMINISTRATIVE REFORM.

(a) National Park Service Housing Improvement.--
(1) Purposes.--The purposes of this section are--
(A) to develop where necessary an adequate supply of
quality housing units for field employees of the National
Park Service within a reasonable time frame;
(B) to expand the alternatives available for construction
and repair of essential government housing;
(C) to rely on the private sector to finance or supply
housing in carrying out this section, to the maximum extent
possible, in order to reduce the need for Federal
appropriations;
(D) to ensure that adequate funds are available to provide
for long-term maintenance needs of field employee housing;
and
(E) to eliminate unnecessary government housing and locate
such housing as is required in a manner such that primary
resource values are not impaired.
(2) General authority.--To enhance the ability of the
Secretary of the Interior (hereafter in this subsection
referred to as ``the Secretary''), acting through the
Director of the National Park Service, to effectively manage
units of the National Park System, the Secretary is
authorized where necessary and justified to make available
employee housing, on or off the lands under the
administrative jurisdiction of the National Park Service, and
to rent or lease such housing to field employees of the
National Park Service at rates based on the reasonable value
of the housing in accordance with requirements applicable
under section 5911 of title 5, United States Code.
(3) Review and revision of housing criteria.--Upon the
enactment of this Act, the Secretary shall review and revise
the existing criteria under which housing is provided to
employees of the National Park Service. Specifically, the
Secretary shall examine the existing criteria with respect to
what circumstances the National Park Service requires an
employee to occupy Government quarters to provide necessary
services, protect Government property, or because of a lack
of availability of non-Federal housing in the geographic
area.
(4) Submission of report.--A report detailing the results
of the revisions required by paragraph (3) shall be submitted
to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
Senate not later than 180 days after the date of the
enactment of this Act. The report shall include
justifications for keeping, or for changing, each of the
criteria or factors used by the Department of the Interior
with regard to the provision of housing to employees of the
National Park Service.
(5) Review of condition of and costs relating to housing.--
Using the revised criteria developed under paragraph (3), the
Secretary shall undertake a review, for each unit of the
National Park System, of existing government-owned housing
provided to employees of the National Park Service. The
review shall include an assessment of the physical condition
of such housing and the suitability of such housing to
effectively carry out the missions of the Department of the
Interior and the National Park Service. For each unit of such
housing, the Secretary shall determine whether the unit is
needed and justified. The review shall include estimates of
the cost of bringing each such unit that is needed and
justified into usable condition that meets all applicable
legal housing requirements or, if the unit is determined to
be obsolete but is still warranted to carry out the missions
of the Department of the Interior and the National Park
Service, the cost of replacing the unit.
(6) Authorization for housing agreements.--For those units
of the National Park System for which the review required by
paragraphs (3) and (5) has been completed, the Secretary is
authorized, pursuant to the authorities contained in this
subsection and subject to the appropriation of necessary
funds in advance, to enter into housing agreements with
housing entities under which such housing entities may
develop, construct, rehabilitate, or manage housing, located
on or off public lands, for rent or lease to National Park
Service employees who meet the housing eligibility criteria
developed by the Secretary pursuant to this Act.
(7) Joint public-private sector housing programs.--
(A) Lease to build program.--Subject to the appropriation
of necessary funds in advance, the Secretary may--
(i) lease Federal land and interests in land to qualified
persons for the construction of field employee quarters for
any period not to exceed 50 years; and
(ii) lease developed and undeveloped non-Federal land for
providing field employee quarters.
(B) Competitive leasing.--Each lease under subparagraph
(A)(i) shall be awarded through the use of publicly
advertised, competitively bid, or competitively negotiated
contracting procedures.
(C) Terms and conditions.--Each lease under subparagraph
(A)(i)--
(i) shall stipulate whether operation and maintenance of
field employee quarters is to be provided by the lessee,
field employees or the Federal Government;
(ii) shall require that the construction and rehabilitation
of field employee quarters be done in accordance with the
requirements of the National Park Service and local
applicable building codes and industry standards;
(iii) shall contain such additional terms and conditions as
may be appropriate to protect the Federal interest, including
limits on rents the lessee may charge field employees for the
occupancy of quarters, conditions on maintenance and repairs,
and agreements on the provision of charges for utilities and
other infrastructure; and
(iv) may be granted at less than fair market value if the
Secretary determines that such lease will improve the quality
and availability of field employee quarters available.
(D) Contributions by united states.--The Secretary may make
payments, subject to appropriations, or contributions in kind
either in advance of or on a continuing basis to reduce the

[[Page H11017]]

costs of planning, construction, or rehabilitation of
quarters on or off Federal lands under a lease under this
paragraph.
(8) Rental guarantee program.--
(A) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into a
lease to build arrangement as set forth in paragraph (7) with
further agreement to guarantee the occupancy of field
employee quarters constructed or rehabilitated under such
lease. A guarantee made under this paragraph shall be in
writing.
(B) Limitations.--The Secretary may not guarantee--
(i) the occupancy of more than 75 percent of the units
constructed or rehabilitated under such lease; and
(ii) at a rental rate that exceeds the rate based on the
reasonable value of the housing in accordance with
requirements applicable under section 5911 of title 5, United
States Code.

In no event shall outstanding guarantees be in excess of
$3,000,000.
(C) Rental to government employees.--A guarantee may be
made under this subsection only if the lessee agrees to
permit the Secretary to utilize for housing purposes any
units for which the guarantee is made.
(D) Failure to maintain a satisfactory level of operation
and maintenance.--The lease shall be null and void if the
lessee fails to maintain a satisfactory level of operation
and maintenance.
(9) Joint development authority.--The Secretary may use
authorities granted by statute in combination with one
another in the furtherance of providing where necessary and
justified affordable field employee housing.
(10) Contracts for the management of field employee
quarters.--
(A) General authority.--Subject to the appropriation of
necessary funds in advance, the Secretary may enter into
contracts of any duration for the management, repair, and
maintenance of field employee quarters.
(B) Terms and conditions.--Any such contract shall contain
such terms and conditions as the Secretary deems necessary or
appropriate to protect the interests of the United States and
assure that necessary quarters are available to field
employees.
(11) Leasing of seasonal employee quarters.--
(A) General authority.--Subject to subparagraph (B), the
Secretary may lease quarters at or near a unit of the
national park system for use as seasonal quarters for field
employees. The rent charged to field employees under such a
lease shall be a rate based on the reasonable value of the
quarters in accordance with requirements applicable under
section 5911 of title 5, United States Code.
(B) Limitation.--The Secretary may only issue a lease under
subparagraph (A) if the Secretary finds that there is a
shortage of adequate and affordable seasonal quarters at or
near such unit and that--
(i) the requirement for such seasonal field employee
quarters is temporary; or
(ii) leasing would be more cost effective than construction
of new seasonal field employee quarters.
(C) Unrecovered costs.--The Secretary may pay the
unrecovered costs of leasing seasonal quarters under this
paragraph from annual appropriations for the year in which
such lease is made.
(12) Survey of existing facilities.--The Secretary shall--
(A) complete a condition assessment for all field employee
housing, including the physical condition of such housing and
the necessity and suitability of such housing for carrying
out the agency mission, using existing information; and
(B) develop an agency-wide priority listing, by structure,
identifying those units in greatest need for repair,
rehabilitation, replacement, or initial construction.
(13) Use of housing-related funds.--Expenditure of any
funds authorized and appropriated for new construction,
repair, or rehabilitation of housing under this section shall
follow the housing priority listing established by the agency
under paragraph (13), in sequential order, to the maximum
extent practicable.
(14) Annual budget submittal.--The President's proposed
budget to Congress for the first fiscal year beginning after
enactment of this Act, and for each subsequent fiscal year,
shall include identification of nonconstruction funds to be
spent for National Park Service housing maintenance and
operations which are in addition to rental receipts
collected.
(15) Study of housing allowances.--Within 12 months after
the date of enactment of this Act, the Secretary shall
conduct a study to determine the feasibility of providing
eligible employees of the National Park Service with housing
allowances rather than government housing. The study shall
specifically examine the feasibility of providing rental
allowances to temporary and lower paid permanent employees.
Whenever the Secretary submits a copy of such study to the
Office of Management and Budget, he shall concurrently
transmit copies of the report to the Resources Committee of
the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate.
(16) Study of sale of employee housing.--Within 18 months
of the date of the enactment of the Act, the Secretary shall
complete a study of the sale of Government quarters to a
cooperative consisting of field employees. The Secretary
shall examine the potential benefits to the Government as
well as the employees and any risks associated with such a
program.
(17) General provisions.--
(A) Construction limitations on federal lands.--The
Secretary may not utilize any lands for the purposes of
providing field employee housing under this section which
will impact primary resource values of the area or adversely
affect the mission of the agency.
(B) Rental rates.--To the extent practicable, the Secretary
shall establish rental rates for all quarters occupied by
field employees of the National Park Service that are based
on the reasonable value of the quarters in accordance with
requirements applicable under section 5911 of title 5, United
States Code.
(C) Exemption from leasing requirements.--The provisions of
section 5 of the Act of July 15, 1968 (82 Stat. 354, 356; 16
U.S.C. 460l-22), and section 321 of the Act of June 30, 1932
(40 U.S.C. 303b; 47 Stat. 412), shall not apply to leases
issued by the Secretary under this section.
(18) Proceeds.--The proceeds from any lease under paragraph
(7)(A)(i)(I), any lease under paragraph (11)(B), and any
lease of seasonal quarters under subsection (l), shall be
retained by the National Park Service. Such proceeds shall be
deposited into the special fund established for maintenance
and operation of quarters.
(19) Definitions.--For purposes of this subsection:
(A) The term ``field employee'' means--
(i) an employee of the National Park Service who is
exclusively assigned by the National Park Service to perform
duties at a field unit, and the members of their family; and
(ii) other individuals who are authorized to occupy
Government quarters under section 5911 of title 5, United
States Code, and for whom there is no feasible alternative to
the provision of Government housing, and the members of their
family.
(B) The term ``land management agency'' means the National
Park Service, Department of the Interior.
(C) The term ``primary resource values'' means resources
which are specifically mentioned in the enabling legislation
for that field unit or other resource value recognized under
Federal statute.
(D) The term ``quarters'' means quarters owned or leased by
the Government.
(E) The term ``seasonal quarters'' means quarters typically
occupied by field employees who are hired on assignments of 6
months or less.
(b) Minor Boundary Revision Authority.--Section 7(c) of the
Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
9(c)) is amended as follows:
(1) In the first sentence, by striking ``Committee on
Natural'' and inserting ``Committee on''.
(2)(A) By striking ``: Provided, however,'' and all that
follows through ``1965''; and
(B) by inserting ``(1)'' after ``(c)'' and by inserting at
the end the following:
``(2) For the purposes of clause (i) of paragraph (1), in
all cases except the case of technical boundary revisions
(resulting from such causes as survey error or changed road
alignments), the authority of the Secretary under such clause
(i) shall apply only if each of the following conditions is
met:
``(A) The sum of the total acreage of lands, waters, and
interests therein to be added to the area and the total such
acreage to be deleted from the area is not more than 5
percent of the total Federal acreage authorized to be
included in the area and is less than 200 acres in size.
``(B) The acquisition, if any, is not a major Federal
action significantly affecting the quality of the human
environment, as determined by the Secretary.
``(C) The sum of the total appraised value of the lands,
water, and interest therein to be added to the area and the
total appraised value of the lands, waters, and interests
therein to be deleted from the area does not exceed $750,000.
``(D) The proposed boundary revision is not an element of a
more comprehensive boundary modification proposal.
``(E) The proposed boundary has been subject to a public
review and comment period.
``(F) The Director of the National Park Service obtains
written consent for the boundary modification from all
property owners whose lands, water, or interests therein, or
a portion of whose lands, water, or interests therein, will
be added to or deleted from the area by the boundary
modification.
``(G) The lands are adjacent to other Federal lands
administered by the Director of the National Park Service.

Minor boundary revisions involving only deletions of acreage
owned by the Federal Government and administered by the
National Park Service may be made only by Act of Congress.''.
(c) Authorization for Park Facilities To Be Located Outside
the Boundaries of Zion National Park.--In order to facilitate
the administration of Zion National Park, the Secretary of
the Interior is authorized, under such terms and conditions
as he may deem advisable, to expend donated or appropriated
funds for the establishment of essential facilities for park
administration and visitor use outside the boundaries, but
within the vicinity, of the park. Such facilities and the use
thereof shall be in conformity with approved plans for the
park. The Secretary shall use existing facilities wherever
feasible. Such facilities may only be constructed by the
Secretary upon a finding that the location of such facilities
would--
(1) avoid undue degradation of natural or cultural
resources within the park;
(2) enhance service to the public; or
(3) provide a cost saving to the Federal Government.

The Secretary is authorized to enter into cooperative
agreements with State or local governments or private
entities to undertake the authority granted under this
subsection. The Secretary is encouraged to identify and
utilize funding sources to supplement any Federal funding
used for these facilities.
(d) Elimination of Unnecessary Congressional Reporting
Requirements.--
(1) Repeals.--The following provisions are hereby repealed:

[[Page H11018]]

(A) Section 302(c) of the Act entitled ``An Act to
authorize the establishment of the Chattahoochee River
National Recreation Area in the State of Georgia, and for
other purposes (Public Law 95-344; 92 Stat. 478; 16 U.S.C.
2302(c)).
(B) Section 503 of the Act of December 19, 1980 (Public Law
96-550; 94 Stat. 3228; 16 U.S.C. 410ii-2).
(C) Subsections (b) and (c) of section 4 of the Act of
October 15, 1982 (Public Law 97-335; 96 Stat. 1628; 16 U.S.C.
341 note).
(D) Section 7 of Public Law 89-671 (96 Stat. 1457; 16
U.S.C. 284f).
(E) Section 3(c) of the National Trails System Act (Public
Law 90-543; 82 Stat. 919; 16 U.S.C. 1242(c)).
(F) Section 4(b) of the Act of October 24, 1984 (Public Law
98-540; 98 Stat. 2720; 16 U.S.C. 1a-8).
(G) Section 106(b) of the National Visitor Center
Facilities Act of 1968 (Public Law 90-264; 82 Stat. 44; 40
U.S.C. 805(b)).
(H) Section 6(f)(7) of the Act of September 3, 1964 (Public
Law 88-578; 78 Stat. 900; 16 U.S.C. 460l-8(f)(7)).
(I) Subsection (b) of section 8 of the Act of August 18,
1970 (Public Law 91-383; 90 Stat. 1940; 16 U.S.C. 1a-5(b)).
(J) The last sentence of section 10(a)(2) of the National
Trails System Act (Public Law 90-543; 82 Stat. 926; 16 U.S.C.
1249(a)(2)).
(K) Section 4 of the Act of October 31, 1988 (Public Law
100-573; 102 Stat. 2891; 16 U.S.C. 460o note).
(L) Section 104(b) of the Act of November 19, 1988 (Public
Law 100-698; 102 Stat. 4621).
(M) Section 1015(b) of the Urban Park and Recreation
Recovery Act of 1978 (Public Law 95-625; 92 Stat. 3544; 16
U.S.C. 2514(b)).
(N) Section 105 of the Act of August 13, 1970 (Public Law
91-378; 16 U.S.C. 1705).
(O) Section 307(b) of the National Historic Preservation
Act (Public Law 89-665; 16 U.S.C. 470w-6(b)).
(2) Amendments.--The following provisions are amended:
(A) Section 10 of the Archaeological Resources Protection
Act of 1979, by striking the last sentence of subsection (c)
(Public Law 96-95; 16 U.S.C. 470ii(c)).
(B) Section 5(c) of the Act of June 27, 1960 (Public Law
86-523; 16 U.S.C. 469a-3(c); 74 Stat. 220), by inserting a
period after ``Act'' and striking ``and shall submit'' and
all that follows.
(C) Section 7(a)(3) of the Act of September 3, 1964 (Public
Law 88-578; 78 Stat. 903; 16 U.S.C. 460l-9(a)(3)), by
striking the last sentence.
(D) Section 111 of the Petroglyph National Monument
Establishment Act of 1990 (Public Law 101-313; 104 Stat.
278), by striking the second sentence.
(E) Section 307(a) of the National Historic Preservation
Act (Public Law 89-665; 16 U.S.C. 470w-6(a)) is amended by
striking the first and second sentences.
(F) Section 101(a)(1)(B) of the National Historic
Preservation Act (Public Law 89-665; 16 U.S.C. 470a) by
inserting a period after ``Register'' the last place such
term appears and by striking ``and submitted'' and all that
follows.
(e) Senate Confirmation of the Director of the National
Park Service.--
(1) In general.--The first section of the Act entitled ``An
Act to establish a National Park Service, and for other
purposes'', approved August 25, 1916 (39 Stat. 535; 16 U.S.C.
1; commonly referred to as the ``National Park Service
Organic Act''), is amended in the first sentence by striking
``who shall be appointed by the Secretary'' and all that
follows and inserting ``who shall be appointed by the
President, by and with the advice and consent of the Senate.
The Director shall have substantial experience and
demonstrated competence in land management and natural or
cultural resource conservation. The Director shall select two
Deputy Directors. The first Deputy Director shall have
responsibility for National Park Service operations, and the
second Deputy Director shall have responsibility for other
programs assigned to the National Park Service.''.
(2) Effective date and application.--The amendment made by
subsection (a) shall take effect on February 1, 1997, and
shall apply with respect to the individual (if any) serving
as the Director of the National Park Service on that date.
(f) National Park System Advisory Board Authorization.--
(1) National park system advisory board.--Section 3 of the
Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463) is
amended as follows:
(A) In subsection (a) by striking the first 3 sentences and
inserting in lieu thereof: ``There is hereby established a
National Park System Advisory Board, whose purpose shall be
to advise the Director of the National Park Service on
matters relating to the National Park Service, the National
Park System, and programs administered by the National Park
Service. The Board shall advise the Director on matters
submitted to the Board by the Director as well as any other
issues identified by the Board. Members of the Board shall be
appointed on a staggered term basis by the Secretary for a
term not to exceed 4 years and shall serve at the pleasure of
the Secretary. The Board shall be comprised of no more than
12 persons, appointed from among citizens of the United
States having a demonstrated commitment to the mission of the
National Park Service. Board members shall be selected to
represent various geographic regions, including each of the
administrative regions of the National Park Service. At least
6 of the members shall have outstanding expertise in 1 or
more of the following fields: history, archeology,
anthropology, historical or landscape architecture, biology,
ecology, geology, marine science, or social science. At least
4 of the members shall have outstanding expertise and prior
experience in the management of national or State parks or
protected areas, or national or cultural resources
management. The remaining members shall have outstanding
expertise in 1 or more of the areas described above or in
another professional or scientific discipline, such as
financial management, recreation use management, land use
planning or business management, important to the mission of
the National Park Service. At least 1 individual shall be a
locally elected official from an area adjacent to a park. The
Board shall hold its first meeting by no later than 60 days
after the date on which all members of the Advisory Board who
are to be appointed have been appointed. Any vacancy in the
Board shall not affect its powers, but shall be filled in the
same manner in which the original appointment was made. The
Board may adopt such rules as may be necessary to establish
its procedures and to govern the manner of its operations,
organization, and personnel. All members of the Board shall
be reimbursed for travel and per diem in lieu of subsistence
expenses during the performance of duties of the Board while
away from home or their regular place of business, in
accordance with subchapter 1 of chapter 57 of title 5, United
States Code. With the exception of travel and per diem as
noted above, a member of the Board who is otherwise an
officer or employee of the United States Government shall
serve on the Board without additional compensation.''.
(B) By redesignating subsections (b) and (c) as (f) and (g)
and by striking from the first sentence of subsection (f), as
so redesignated ``1995'' and inserting in lieu thereof
``2006''.
(C) By adding the following new subsections after
subsection (a):
``(b)(1) The Secretary is authorized to hire 2 full-time
staffers to meet the needs of the Advisory Board.
``(2) Service of an individual as a member of the Board
shall not be considered as service or employment bringing
such individual within the provisions of any Federal law
relating to conflicts of interest or otherwise imposing
restrictions, requirements, or penalties in relation to the
employment of persons, the performance of services, or the
payment or receipt of compensation in connection with claims,
proceedings, or matters involving the United States. Service
as a member of the Board, or as an employee of the Board,
shall not be considered service in an appointive or elective
position in the Government for purposes of section 8344 of
title 5, United States Code, or comparable provisions of
Federal law.
``(c)(1) Upon request of the Director, the Board is
authorized to--
``(A) hold such hearings and sit and act at such times,
``(B) take such testimony,
``(C) have such printing and binding done,
``(D) enter into such contracts and other arrangements,
``(E) make such expenditures, and
``(F) take such other actions,
as the Board may deem advisable. Any member of the Board may
administer oaths or affirmations to witnesses appearing
before the Board.
``(2) The Board may establish committees or subcommittees.
Any such subcommittees or committees shall be chaired by a
voting member of the Board.
``(d) The provisions of the Federal Advisory Committee Act
shall apply to the Board established under this section with
the exception of section 14(b).
``(e)(1) The Board is authorized to secure directly from
any office, department, agency, establishment, or
instrumentality of the Federal Government such information as
the Board may require for the purpose of this section, and
each such officer, department, agency, establishment, or
instrumentality is authorized and directed to furnish, to the
extent permitted by law, such information, suggestions,
estimates, and statistics directly to the Board, upon request
made by a member of the Board.
``(2) Upon the request of the Board, the head of any
Federal department, agency, or instrumentality is authorized
to make any of the facilities and services of such
department, agency, or instrumentality to the Board, on a
nonreimbursable basis, to assist the Board in carrying out
its duties under this section.
``(3) The Board may use the United States mails in the same
manner and under the same conditions as other departments and
agencies in the United States.''.
(2) Authorization of appropriations.--There are authorized
to be appropriated to the National Park System Advisory Board
$200,000 per year to carry out the provisions of section 3 of
the Act of August 21, 1935 (49 Stat. 667; 16 U.S.C. 463).
(3) Effective date.--This subsection shall take effect on
December 7, 1997.
(g) Challenge Cost-Share Agreement Authority.--
(1) Definitions.--For purposes of this subsection:
(A) The term ``challenge cost-share agreement'' means any
agreement entered into between the Secretary and any
cooperator for the purpose of sharing costs or services in
carrying out authorized functions and responsibilities of the
Secretary of the Interior with respect to any unit or program
of the National Park System (as defined in section 2(a) of
the Act of August 8, 1953 (16 U.S.C. 1c(a))), any affiliated
area, or any designated National Scenic or Historic Trail.
(B) The term ``cooperator'' means any State or local
government, public or private agency, organization,
institution, corporation, individual, or other entity.
(2) Challenge cost-share agreements.--The Secretary of the
Interior is authorized to negotiate and enter into challenge
cost-share agreements with cooperators.
(3) Use of federal funds.--In carrying out challenge cost-
share agreements, the Secretary

[[Page H11019]]

of the Interior is authorized to provide the Federal funding
share from any funds available to the National Park Service.
(h) Cost Recovery for Damage to National Park Resources.--
Public Law 101-337 is amended as follows:
(1) In section 1 (16 U.S.C. 19jj), by amending subsection
(d) to read as follows:
``(d) `Park system resource' means any living or non-living
resource that is located within the boundaries of a unit of
the National Park System, except for resources owned by a
non-Federal entity.''.
(2) In section 1 (16 U.S.C. 19jj) by adding at the end
thereof the following:
``(g) `Marine or aquatic park system resource' means any
living or non-living part of a marine or aquatic regimen
within or is a living part of a marine or aquatic regimen
within the boundaries of a unit of the National Park System,
except for resources owned by a non-Federal entity.''.
(3) In section 2(b) (16 U.S.C. 19jj-1(b)), by inserting
``any marine or aquatic park resource'' after ``any park
system resource''.

SEC. 816. MINERAL KING ADDITION PERMITS.

Paragraph (2) of section 314(d) of the National Parks and
Recreation Act of 1978 (16 U.S.C. 45f(d)) is amended by
adding at the end the following:
``(C)(i) Notwithstanding subparagraphs (A) and (B), until
the date of the death of the last cabin permittee of record
on the date of enactment of this Act, the Secretary may renew
or extend permits or leases continued under subparagraph (A)
or (B) to the heirs of lessees or permittees (including heirs
to whom such leases or permits have been renewed or extended)
who have died prior to the enactment of this subparagraph or
may die after its enactment in the same manner (including by
requiring the payment of annual fees based on fair market
value) as leases or permits may be renewed or extended under
subparagraph (B), unless--
``(I) the permit or lease is incompatible with the
protection of the parks resources; or
``(II) the land occupied under the leases or permit will be
used for some other park purpose in accordance with the
comprehensive management plan prepared under subsection (e),
and the Secretary has available sufficient funds to carry out
such use.
``(ii) For the purposes of this subparagraph, the term
`heirs' means--
``(I) those family members of the deceased permittee or
lessee, designated by the permittee or lessee, in a manner
prescribed by the Secretary, as heirs eligible for renewals
or extensions under this subparagraph, and
``(II) in the absence of such designation, those family
members of the deceased permittee or lessee who are entitled
to inherit the estate of the permittee or lessee.''.

SEC. 817. WILLIAM B. SMULLIN VISITOR CENTER.

(a) Designation.--The Bureau of Land Management's visitors
center in Rand, Oregon is hereby designated as the ``William
B. Smullin Visitor Center''.
(b) Legal References.--Any reference in any law,
regulation, document, record, map, or other document of the
United States to the visitor center referred to in subsection
(a) shall be deemed to be a reference to the ``William B.
Smullin Visitor Center''.

SEC. 818. CALUMET ECOLOGICAL PARK.

(a) Feasibility study.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary of the Interior shall
conduct a study of the feasibility of establishing an urban
ecological park to be known as ``Calumet Ecological Park'',
in the Lake Calumet area situated between the Illinois and
Michigan Canal National Heritage Corridor and the Indiana
Dunes National Lakeshore.
(2) Particulars of study.--The study under paragraph (1)
shall include consideration of the following:
(A) The suitability of establishing a park in the Lake
Calumet area that--
(i) conserves and protects the wealth of natural resources
threatened by development and pollution in the Lake Calumet
area; and
(ii) consists of a number of nonadjacent sites forming
green corridors between the Illinois and Michigan Canal
National Heritage Corridor and the Indiana Dunes National
Lakeshore, that are based on the lakes and waterways in the
area.
(B) The long term future use of the Lake Calumet area.
(C) Ways in which a Calumet Ecological Park would--
(i) benefit and enhance the cultural, historical, and
natural resources of the Lake Calumet area; and
(ii) preserve natural lands and habitats in the Lake
Calumet area and northwest Indiana.
(3) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall submit to the
Congress a report containing findings and recommendations of
a study under this section.

SEC. 819. ACQUISITION OF CERTAIN PROPERTY ON SANTA CRUZ
ISLAND.

Section 202 of Public Law 96-199 (16 U.S.C. 410ff-1) is
amended by adding the following new subsection at the end
thereof:
``(e)(1) Notwithstanding any other provision of law,
effective 90 days after the date of enactment of this
subsection, all right, title, and interest in and to, and the
right to immediate possession of, the real property on the
eastern end of Santa Cruz Island which is known as the
Gherini Ranch is hereby vested in the United States, except
for the reserved rights of use and occupancy set forth in
Instrument No. 90-027494 recorded in the Official Records of
the County of Santa Barbara, California.
``(2) The United States shall pay just compensation to the
owners of any real property taken pursuant to this
subsection, determined as of the date of taking. The full
faith and credit of the United States is hereby pledged to
the payment of any judgment entered against the United States
with respect to the taking of such property. Payment shall be
in the amount of the agreed negotiated value of such real
property plus interest or the valuation of such real property
awarded by judgment plus interest. Interest shall accrue from
the date of taking to the date of payment. Interest shall be
compounded quarterly and computed at the rate applicable for
the period involved, as determined by the Secretary of the
Treasury on the basis of the current average market yield on
outstanding marketable obligations of the United States of
comparable maturities from the date of enactment of this
subsection to the last day of the month preceding the date on
which payment is made. Payment shall be made from the
permanent judgment appropriation established pursuant to
section 1304 of title 31, United States Code.
``(3) In the absence of a negotiated settlement, or an
action by the owner, within 1 year after the date of
enactment of this subsection, the Secretary shall initiate a
proceeding, seeking in a court of competent jurisdiction a
determination of just compensation with respect to the taking
of such property.''.
``(4) The Secretary shall not allow any unauthorized use of
the lands to be acquired under this subsection, except that
the Secretary shall permit the orderly termination of all
current activities and the removal of any equipment,
facilities, or personal property.''.
TITLE IX--HERITAGE AREAS

SEC. 901. BLACKSTONE RIVER VALLEY NATIONAL HERITAGE CORRIDOR.

(a) Boundary Changes.--Section 2 of the Act entitled ``An
Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island'',
approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended by striking the first sentence and
inserting the following new sentence: ``The boundaries shall
include the lands and water generally depicted on the map
entitled `Blackstone River Valley National Heritage Corridor
Boundary Map', numbered BRV-80-80,011, and dated May 2,
1993.''.
(b) Terms.--Section 3(c) of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage
Corridor in Massachusetts and Rhode Island'', approved
November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), is
amended by inserting before the period at the end the
following: ``, but may continue to serve after the expiration
of this term until a successor has been appointed''.
(c) Revision of Plan.--Section 6 of the Act entitled ``An
Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island'',
approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended by adding at the end the following new
subsection:
``(d) Revision of Plan.--(1) Not later than 1 year after
the date of the enactment of this subsection, the Commission,
with the approval of the Secretary, shall revise the Cultural
Heritage and Land Management Plan. The revision shall address
the boundary change and shall include a natural resource
inventory of areas or features that should be protected,
restored, managed, or acquired because of their contribution
to the understanding of national cultural landscape values.
``(2) No changes other than minor revisions may be made in
the approved plan as amended without the approval of the
Secretary. The Secretary shall approve or disapprove any
proposed change in the plan, except minor revisions, in
accordance with subsection (b).''.
(d) Extension of Commission.--Section 7 of the Act entitled
``An Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island'',
approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended to read as follows:

``SEC. 7. TERMINATION OF COMMISSION.

``The Commission shall terminate on the date that is 10
years after the date of enactment of this section.''.
(e) Implementation of Plan.--Subsection (c) of section 8 of
the Act entitled ``An Act to establish the Blackstone River
Valley National Heritage Corridor in Massachusetts and Rhode
Island'', approved November 10, 1986 (Public Law 99-647; 16
U.S.C. 461 note), is amended to read as follows:
``(c) Implementation.--(1) To assist in the implementation
of the Cultural Heritage and Land Management Plan in a manner
consistent with purposes of this Act, the Secretary is
authorized to undertake a limited program of financial
assistance for the purpose of providing funds for the
preservation and restoration of structures on or eligible for
inclusion on the National Register of Historic Places within
the Corridor which exhibit national significance or provide a
wide spectrum of historic, recreational, or environmental
education opportunities to the general public.
``(2) To be eligible for funds under this section, the
Commission shall submit an application to the Secretary that
includes--
``(A) a 10-year development plan including those resource
protection needs and projects critical to maintaining or
interpreting the distinctive character of the Corridor; and
``(B) specific descriptions of annual work programs that
have been assembled, the participating parties, roles, cost
estimates, cost-sharing, or cooperative agreements necessary
to carry out the development plan.
``(3) Funds made available pursuant to this subsection
shall not exceed 50 percent of the total cost of the work
programs.
``(4) In making the funds available, the Secretary shall
give priority to projects that attract greater non-Federal
funding sources.
``(5) Any payment made for the purposes of conservation or
restoration of real property or

[[Page H11020]]

structures shall be subject to an agreement either--
``(A) to convey a conservation or preservation easement to
the Department of Environmental Management or to the Historic
Preservation Commission, as appropriate, of the State in
which the real property or structure is located; or
``(B) that conversion, use, or disposal of the resources so
assisted for purposes contrary to the purposes of this Act,
as determined by the Secretary, shall result in a right of
the United States for reimbursement of all funds expended
upon such resources or the proportion of the increased value
of the resources attributable to such funds as determined at
the time of such conversion, use, or disposal, whichever is
greater.
``(6) The authority to determine that a conversion, use, or
disposal of resources has been carried out contrary to the
purposes of this Act in violation of an agreement entered
into under paragraph (5)(A) shall be solely at the discretion
of the Secretary.''.
(f) Local Authority.--Section 5 of the Act entitled ``An
Act to establish the Blackstone River Valley National
Heritage Corridor in Massachusetts and Rhode Island'',
approved November 10, 1986 (Public Law 99-647; 16 U.S.C. 461
note), is amended by adding at the end the following new
subsection:
``(j) Local Authority and Private Property Not Affected.--
Nothing in this Act shall be construed to affect or to
authorize the Commission to interfere with--
``(1) the rights of any person with respect to private
property; or
``(2) any local zoning ordinance or land use plan of the
Commonwealth of Massachusetts or any political subdivision of
the Commonwealth.''.
(g) Authorization of Appropriations.--Notwithstanding any
other provision of law regarding limitations on funding for
heritage areas, section 10 of the Act entitled ``An Act to
establish the Blackstone River Valley National Heritage
Corridor in Massachusetts and Rhode Island'', approved
November 10, 1986 (Public Law 99-647; 16 U.S.C. 461 note), as
amended, is further amended:
(1) in subsection (a), by striking ``$350,000'' and
inserting ``$650,000''; and
(2) by amending subsection (b) to read as follows:
``(b) Development Funds.--For fiscal years 1996, 1997, and
1998, there is authorized to be appropriated to carry out
section 8(c) not to exceed $5,000,000.''.

SEC. 902. ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE
CORRIDOR.

The Illinois and Michigan Canal National Heritage Corridor
Act of 1984 (Public Law 98-398; 16 U.S.C. 461 note) is
amended by inserting after section 117 the following new
section:

``SEC. 118. STUDY OF POSSIBLE ADDITIONS TO CORRIDOR

``The Commission shall undertake a study to determine
whether the Joliet Army Ammunition Plant and the Calumet-Sag
and Chicago Sanitary and Ship Canals should be added to the
corridor. The study shall specifically examine the
relationship between the purposes of this Act and the areas
proposed for study and shall identify any specific resources
which are related to the purposes for which the corridor was
established. The study shall propose boundaries which provide
for the inclusion of any related resources within the
corridor. The Commission shall submit the study to the
Secretary and the appropriate congressional committees. Upon
receipt of the study, the Secretary shall determine which
lands (if any) should be added to the corridor and shall so
notify the appropriate congressional committees.''.
TITLE X--MISCELLANEOUS
Subtitle A--Tallgrass Prairie National Preserve

SEC. 1001. SHORT TITLE.

This subtitle may be cited as the ``Tallgrass Prairie
National Preserve Act of 1996''.

SEC. 1002. FINDINGS AND PURPOSES.

(a) Findings.--Congress finds that--
(1) of the 400,000 square miles of tallgrass prairie that
once covered the North American Continent, less than 1
percent remains, primarily in the Flint Hills of Kansas;
(2) in 1991, the National Park Service conducted a special
resource study of the Spring Hill Ranch, located in the Flint
Hills of Kansas;
(3) the study concludes that the Spring Hill Ranch--
(A) is a nationally significant example of the once vast
tallgrass ecosystem, and includes buildings listed on the
National Register of Historic Places pursuant to section 101
of the National Historic Preservation Act (16 U.S.C. 470a)
that represent outstanding examples of Second Empire and
other 19th Century architectural styles; and
(B) is suitable and feasible as a potential addition to the
National Park System; and
(4) the National Park Trust, which owns the Spring Hill
Ranch, has agreed to permit the National Park Service--
(A) to purchase a portion of the ranch, as specified in
this subtitle; and
(B) to manage the ranch in order to--
(i) conserve the scenery, natural and historic objects, and
wildlife of the ranch; and
(ii) provide for the enjoyment of the ranch in such a
manner and by such means as will leave the scenery, natural
and historic objects, and wildlife unimpaired for the
enjoyment of future generations.
(b) Purposes.--The purposes of this subtitle are--
(1) to preserve, protect, and interpret for the public an
example of a tallgrass prairie ecosystem on the Spring Hill
Ranch, located in the Flint Hills of Kansas; and
(2) to preserve and interpret for the public the historic
and cultural values represented on the Spring Hill Ranch.

SEC. 1003. DEFINITIONS.

In this subtitle:
(1) Advisory committee.--The term ``Advisory Committee''
means the Advisory Committee established under section 1007.
(2) Preserve.--The term ``Preserve'' means the Tallgrass
Prairie National Preserve established by section 1004.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Trust.--The term ``Trust'' means the National Park
Trust, Inc., a District of Columbia nonprofit corporation, or
any successor-in-interest.

SEC. 1004. ESTABLISHMENT OF TALLGRASS PRAIRIE NATIONAL
PRESERVE.

(a) In General.--In order to provide for the preservation,
restoration, and interpretation of the Spring Hill Ranch area
of the Flint Hills of Kansas, for the benefit and enjoyment
of present and future generations, there is established the
Tallgrass Prairie National Preserve.
(b) Description.--The Preserve shall consist of the lands
and interests in land, including approximately 10,894 acres,
generally depicted on the map entitled ``Boundary Map, Flint
Hills Prairie National Monument'' numbered NM-TGP 80,000 and
dated June 1994, more particularly described in the deed
filed at 8:22 a.m. of June 3, 1994, with the Office of the
Register of Deeds in Chase County, Kansas, and recorded in
Book L-106 at pages 328 through 339, inclusive. In the case
of any difference between the map and the legal description,
the legal description shall govern, except that if, as a
result of a survey, the Secretary determines that there is a
discrepancy with respect to the boundary of the Preserve that
may be corrected by making minor changes to the map, the
Secretary shall make changes to the map as appropriate, and
the boundaries of the Preserve shall be adjusted accordingly.
The map shall be on file and available for public inspection
in the appropriate offices of the National Park Service of
the Department of the Interior.

SEC. 1005. ADMINISTRATION OF NATIONAL PRESERVE.

(a) In General.--The Secretary shall administer the
Preserve in accordance with this subtitle, the cooperative
agreements described in subsection (f)(1), and the provisions
of law generally applicable to units of the National Park
System, including the Act entitled ``An Act to establish a
National Park Service, and for other purposes'', approved
August 25, 1916 (16 U.S.C. 1, 2 through 4) and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.).
(b) Application of Regulations.--With the consent of a
private owner of land within the boundaries of the Preserve,
the regulations issued by the Secretary concerning the
National Park Service that provide for the proper use,
management, and protection of persons, property, and natural
and cultural resources shall apply to the private land.
(c) Facilities.--For purposes of carrying out the duties of
the Secretary under this subtitle relating to the Preserve,
the Secretary may, with the consent of a landowner, directly
or by contract, construct, reconstruct, rehabilitate, or
develop essential buildings, structures, and related
facilities including roads, trails, and other interpretive
facilities on real property that is not owned by the Federal
Government and is located within the Preserve.
(d) Liability.--
(1) Liability of the united states and its officers and
employees.--Except as otherwise provided in this subsection,
the liability of the United States is subject to the terms
and conditions of the Federal Tort Claims Act, as amended, 28
U.S.C. 2671 et seq., with respect to the claims arising by
virtue of the Secretaries administration of the Preserve
pursuant to this Act.
(2) Liability of landowners.--
(A) The Secretary of the Interior is authorized, under such
terms and conditions as he deems appropriate, to include in
any cooperative agreement entered into in accordance with
subsection (f)(1) an indemnification provision by which the
United States agrees to hold harmless, defend and indemnify
the landowner in full from and against any suit, claim,
demand or action, liability, judgment, cost or other fee
arising out of any claim of personal injury or property
damage that occurs in connection with the operation of the
Preserve under the agreement: Provided however, That
indemnification shall not exceed $3 million per claimant per
occurrence.
(B) The indemnification provision authorized by
subparagraph (A) shall not include claims for personal injury
or property damage proximately caused by the wanton or
willful misconduct of the landowner.
(e) Unit of the National Park System.--The Preserve shall
be a unit of the National Park System for all purposes,
including the purpose of exercising authority to charge
entrance and admission fees under section 4 of the Land and
Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6a).
(f) Agreements and Donations.--
(1) Agreements.--The Secretary may expend Federal funds for
the cooperative management of private property within the
Preserve for research, resource management (including pest
control and noxious weed control, fire protection, and the
restoration of buildings), and visitor protection and use.
(2) Donations.--The Secretary may accept, retain, and
expend donations of funds, property (other than real
property), or services from individuals, foundations,
corporations, or public entities for the purposes of
providing programs,

[[Page H11021]]

services, facilities, or technical assistance that further
the purposes of this subtitle.
(g) General Management Plan.--
(1) In general.--Not later than the end of the third full
fiscal year beginning after the date of enactment of this
Act, the Secretary shall prepare and submit to the Committee
on Energy and Natural Resources of the Senate and the
Committee on Resources of the House of Representatives a
general management plan for the Preserve.
(2) Consultation.--In preparing the general management
plan, the Secretary, acting through the Director of the
National Park Service, shall consult with--
(A)(i) appropriate officials of the Trust; and
(ii) the Advisory Committee; and
(B) adjacent landowners, appropriate officials of nearby
communities, the Kansas Department of Wildlife and Parks, and
the Kansas Historical Society, and other interested parties.
(3) Content of plan.--The general management plan shall
provide for the following:
(A) Maintaining and enhancing the tallgrass prairie within
the boundaries of the Preserve.
(B) Public access and enjoyment of the property that is
consistent with the conservation and proper management of the
historical, cultural, and natural resources of the ranch.
(C) Interpretive and educational programs covering the
natural history of the prairie, the cultural history of
Native Americans, and the legacy of ranching in the Flint
Hills region.
(D) Provisions requiring the application of applicable
State law concerning the maintenance of adequate fences
within the boundaries of the Preserve. In any case in which
an activity of the National Park Service requires fences that
exceed the legal fence standard otherwise applicable to the
Preserve, the National Park Service shall pay the additional
cost of constructing and maintaining the fences to meet the
applicable requirements for that activity.
(E) Provisions requiring the Secretary to comply with
applicable State noxious weed, pesticide, and animal health
laws.
(F) Provisions requiring compliance with applicable State
water laws and Federal and State waste disposal laws
(including regulations) and any other applicable law.
(G) Provisions requiring the Secretary to honor each valid
existing oil and gas lease for lands within the boundaries of
the Preserve (as described in section 1004(b)) that is in
effect on the date of enactment of this Act.
(H) Provisions requiring the Secretary to offer to enter
into an agreement with each individual who, as of the date of
enactment of this Act, holds rights for cattle grazing within
the boundaries of the Preserve (as described in section
1004(b)).
(4) Hunting and fishing.--The Secretary may allow hunting
and fishing on Federal lands within the Preserve.
(5) Financial analysis.--As part of the development of the
general management plan, the Secretary shall prepare a
financial analysis indicating how the management of the
Preserve may be fully supported through fees, private
donations, and other forms of non-Federal funding.

SEC. 1006. LIMITED AUTHORITY TO ACQUIRE.

(a) In General.--The Secretary shall acquire, by donation,
not more than 180 acres of real property within the
boundaries of the Preserve (as described in section 1004(b))
and the improvements on the real property.
(b) Payments in Lieu of Taxes.--For the purposes of
payments made under chapter 69 of title 31, United States
Code, the real property described in subsection (a)(1) shall
be deemed to have been acquired for the purposes specified in
section 6904(a) of that title.
(c) Prohibitions.--No property may be acquired under this
section without the consent of the owner of the property. The
United States may not acquire fee ownership of any lands
within the Preserve other than lands described in this
section.

SEC. 1007. ADVISORY COMMITTEE.

(a) Establishment.--There is established an advisory
committee to be known as the ``Tallgrass Prairie National
Preserve Advisory Committee''.
(b) Duties.--The Advisory Committee shall advise the
Secretary and the Director of the National Park Service
concerning the development, management, and interpretation of
the Preserve. In carrying out those duties, the Advisory
Committee shall provide timely advice to the Secretary and
the Director during the preparation of the general management
plan under section 1005(g).
(c) Membership.--The Advisory Committee shall consist of 13
members, who shall be appointed by the Secretary as follows:
(1) Three members shall be representatives of the Trust.
(2) Three members shall be representatives of local
landowners, cattle ranchers, or other agricultural interests.
(3) Three members shall be representatives of conservation
or historic preservation interests.
(4)(A) One member shall be selected from a list of persons
recommended by the Chase County Commission in the State of
Kansas.
(B) One member shall be selected from a list of persons
recommended by appropriate officials of Strong City, Kansas,
and Cottonwood Falls, Kansas.
(C) One member shall be selected from a list of persons
recommended by the Governor of the State of Kansas.
(5) One member shall be a range management specialist
representing institutions of higher education (as defined in
section 1201(a) of the Higher Education Act of 1965 (20
U.S.C. 1141(a))) in the State of Kansas.
(d) Terms.--
(1) In general.--Each member of the Advisory Committee
shall be appointed to serve for a term of 3 years, except
that the initial members shall be appointed as follows:
(A) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to serve
for a term of 3 years.
(B) Four members shall be appointed, one each from
paragraphs (1), (2), (3), and (4) of subsection (c), to serve
for a term of 4 years.
(C) Five members shall be appointed, one each from
paragraphs (1) through (5) of subsection (c), to serve for a
term of 5 years.
(2) Reappointment.--Each member may be reappointed to serve
a subsequent term.
(3) Expiration.--Each member shall continue to serve after
the expiration of the term of the member until a successor is
appointed.
(4) Vacancies.--A vacancy on the Advisory Committee shall
be filled in the same manner as an original appointment is
made. The member appointed to fill the vacancy shall serve
until the expiration of the term in which the vacancy
occurred.
(e) Chairperson.--The members of the Advisory Committee
shall select 1 of the members to serve as Chairperson.
(f) Meetings.--Meetings of the Advisory Committee shall be
held at the call of the Chairperson or the majority of the
Advisory Committee. Meetings shall be held at such locations
and in such a manner as to ensure adequate opportunity for
public involvement. In compliance with the requirements of
the Federal Advisory Committee Act (5 U.S.C. App.), the
Advisory Committee shall choose an appropriate means of
providing interested members of the public advance notice of
scheduled meetings.
(g) Quorum.--A majority of the members of the Advisory
Committee shall constitute a quorum.
(h) Compensation.--Each member of the Advisory Committee
shall serve without compensation, except that while engaged
in official business of the Advisory Committee, the member
shall be entitled to travel expenses, including per diem in
lieu of subsistence in the same manner as persons employed
intermittently in Government service under section 5703 of
title 5, United States Code.
(i) Charter.--The rechartering provisions of section 14(b)
of the Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Advisory Committee.

SEC. 1008. RESTRICTION ON AUTHORITY.

Nothing in this subtitle shall give the Secretary authority
to regulate lands outside the land area acquired by the
Secretary under section 1006(a).

SEC. 1009. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department
of the Interior such sums as are necessary to carry out this
subtitle.
Subtitle B--Sterling Forest

SEC. 1011. PALISADES INTERSTATE PARK COMMISSION.

(a) Funding.--The Secretary of the Interior is authorized
to provide funding to the Palisades Interstate Park
Commission to be used for the acquisition of lands and
interests in lands within the area generally depicted on the
map entitled ``Boundary Map, Sterling Forest Reserve'',
numbered SFR-60,001 and dated July 1, 1994. There are
authorized to be appropriated for purposes of this section
not more than $17,500,000. No funds made available under this
section may be used for the acquisition of any lands or
interest in lands without the consent of the owner thereof.
(b) Land Exchange.--The Secretary of the Interior is
authorized to exchange unreserved unappropriated Federal
lands under the administrative jurisdiction of the Secretary
for the lands comprising approximately 2,220 acres depicted
on the map entitled ``Sterling Forest, Proposed Sale of
Sterling Forest Lands'' and dated July 25, 1996. The
Secretary shall consult with the Governor of any State in
which such unreserved unappropriated lands are located prior
to carrying out such exchange. The lands acquired by the
Secretary under this section shall be transferred to the
Palisades Interstate Park Commission to be included within
the Sterling Forest Reserve. The lands exchanged under this
section shall be of equal value, as determined by the
Secretary utilizing nationally recognized appraisal
standards. The authority to exchange lands under this section
shall expire on the date 18 months after the date of
enactment of this Act.
Subtitle C--Additional Provisions

SEC. 1021. BLACK CANYON OF THE GUNNISON NATIONAL PARK
COMPLEX.

(a) Establishment of Black Canyon of the Gunnison National
Park.--
(1) There is hereby established the Black Canyon of the
Gunnison National Park (hereinafter referred to as the
``park'') in the State of Colorado. The Black Canyon National
Monument is abolished as such, and all lands and interests
therein are hereby incorporated within and made part of the
Black Canyon of the Gunnison National Park. Any reference to
the Black Canyon of the Gunnison National Monument shall be
deemed a reference to Black Canyon of the Gunnison National
Park, and any funds available for the purposes of the
monument shall be available for purposes of the park.
(2) The Secretary of the Interior (hereinafter referred to
as the ``Secretary'') acting through the Director of the
National Park Service shall manage the park, subject to valid
existing rights, in accordance with this subsection and under
the provisions of law generally applicable to units of the
National Park System, including but not limited to the Act of
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), the Act
of August 21, 1935 (49 Stat. 666; 16 U.S.C. 461 et seq.), and
other applicable provisions of law.
(b) Establishment of the Gunnison Gorge National
Conservation Area.--

[[Page H11022]]

(1) There is hereby established the Gunnison Gorge National
Conservation Area (hereinafter referred to as the
``conservation area'') in the State of Colorado, consisting
of approximately 64,139 acres as generally depicted on the
map entitled ``Black Canyon of the Gunnison National Park
Complex--Map No. 9, dated July 29, 1996'' (hereinafter
referred to as the ``map'').
(2) The Secretary, acting through the Director of the
Bureau of Land Management, shall manage the conservation
area, subject to valid existing rights, in accordance with
this subsection, the Federal Land Management and Policy Act
of 1976, and other applicable provisions of law.
(3) In addition to the use of motorized vehicles on
established roadways, the use of motorized vehicles in the
conservation area shall be allowed to the extent compatible,
in accordance with existing off-highway vehicle designations
as described in the current approved management plan, or as
part of the comprehensive plan prepared pursuant to this
subsection.
(4) If no later than 5 years after the date of enactment of
this Act the United States acquires, from willing sellers
only, lands that are depicted on the map as private lands
within the conservation area as established by this section,
such lands upon their acquisition by the United States shall
be included in and managed as part of the conservation area.
(5) In furtherance of the purposes of the Wilderness Act
(16 U.S.C. 1131 et seq.) certain lands in the conservation
area comprised of approximately 22,111 acres, as generally
depicted on the map, and which shall be known as the Gunnison
Gorge Wilderness.
(6) That portion of the Gunnison Gorge Wilderness Study
Area (Uncompahgre Basin Wilderness Final Environmental Impact
Statement, 1989) not designated as wilderness by this Act, is
no longer subject to the terms and conditions contained in
section 603 of the Federal Land Policy and Management Act of
1976 (43 U.S.C. 1782) for management of wilderness study
areas in a manner that does not impair the suitability of
such areas for preservation, and shall be managed for
multiple use or other values in accordance with land use
plans developed pursuant to section 202 of the Federal Land
Policy and Management Act of 1976.
(7) Nothing in this subsection or any other Act shall
constitute either an express or implied Federal reservation
of water or water rights for any purpose arising from the
designation of areas as wilderness by this subsection.
(c) Establishment of the Curecanti National Recreation
Area, and the Denver and Rio Grande Railroad National
Historic Site.--
(1) In order to conserve the scenic, natural, historic,
archaeological, wildlife, and fishery resources, and to
provide for the public use and enjoyment of the land
withdrawn or acquired for, and the water areas created by the
Wayne N. Aspinall Unit of the Colorado River Storage Project,
there is hereby established the Curecanti National Recreation
Area (hereinafter referred to as the ``recreation area'') in
the State of Colorado. The recreation area shall consist of
the lands and waters within the area designated ``Curecanti
National Recreation Area'' as depicted on the map.
(2) The Secretary, acting through the Director of the
National Park Service, shall manage the recreation area,
subject to valid existing rights, in accordance with this
subsection and under provisions of law generally applicable
to units of the National Park System including but not
limited to the Act of August 25, 1916 (39 Stat. 535; 16
U.S.C. 1 et seq.), and the Act of August 21, 1935 (49 Stat.
666; 16 U.S.C. 461 et seq.), and other applicable provisions
of law, except as otherwise provided in this subsection.
(3) The establishment of the recreation area and land
transfer of administration under subsection (a) and (b) shall
not affect or interfere with the validity of existing rights,
including withdrawals, acquisitions and conveyances, made
before the date of enactment of this section for reclamation
or power purposes. Subject to their respective authorities
under the Colorado River Storage Project Act of 1956 (42
U.S.C. 620 et seq.) and the Uncompahgre Project, operation,
maintenance, and management of all facilities and
improvements on and the management of lands occupied by dams,
structures, administrative areas, or other facilities shall
be the responsibility of the Secretary and the Secretary of
Energy, acting through the Commissioner of the Bureau of
Reclamation and the Western Area Power Administration. Such
lands shall be delineated through a joint agreement among the
Bureau of Reclamation, the National Park Service, and the
Western Area Power Administration. The Secretary may enter
into additional agreements which address sharing of
jurisdiction and authorities on the delineated lands. All
lands within the recreation area which have been withdrawn or
acquired by the United States for reclamation purposes shall
remain subject to the purposes and uses established under the
Colorado River Storage Project Act of 1956 (42 U.S.C. 620 et
seq.) and the Uncompahgre Project as originally authorized by
the Secretary as the Gunnison Project on March 14, 1903 under
the provisions of the Reclamation Act of October 17, 1902 (32
Stat. 388, 43 U.S.C. 391), as amended. The Secretary, acting
through the Bureau of Reclamation, may exclude any area from
the recreation area for reclamation or power purposes upon
determining that it is in the national interest to do so.
(4) Subject to valid existing rights, all Federal lands and
interests within the national recreation area administered by
the Bureau of Land Management are withdrawn from disposition
under the public land laws from location, entry, and patent
under the mining laws of the United States, from the
operation of mineral leasing laws of the United States, and
from operation of the Geothermal Steam Act of 1970, and the
administrative jurisdiction of such lands is transferred to
the National Park Service upon enactment of this section.
(5) Within the recreation area there is hereby established,
subject to the provisions of this subsection, the Denver and
Rio Grande National Historic Site (hereinafter referred to as
the ``historic site'') consisting of the Denver and Rio
Grande rolling stock and train trestle at Cimarron, as
depicted on the map. The Secretary may include those portions
of the historic railroad bed within the boundaries of the
historic site which would serve to enhance or contribute to
the interpretation of the development of the railroad and its
role in the development of western Colorado.
(6) The Secretary is authorized to convey to the city of
Gunnison, Colorado, or to such public agency as the Secretary
deems appropriate, for an amount not to exceed fair market
appraised value, the land known as the Riverway Tract in
section 8, township 49 north, range 1 west, New Mexico
principal meridian.
(7) The Secretary is authorized, upon a finding that it is
not needed for public purposes, to convey without
consideration by quit claim deed all right, title, and
interest in the United States in and to parcels of ten acres
or less which are encroached upon, as of the date of this
section, by improvements occupied or used to such person or
persons under claim or color of title by persons to whom no
advance notice was given that such improvements encroached or
would encroach upon such parcels, and who in good faith
relied upon an erroneous survey, title search or other land
description indicating there was not such encroachment. Such
lands so conveyed shall be deleted from the national
recreation area.
(8) The Secretary shall complete an official boundary
survey of the areas depicted on the map within three years of
the date of this subsection.
(9) If no later than 3 years after the date of enactment of
this title the United States acquires lands comprising
approximately 520 acres adjacent to Colorado Highway 92 and
the Curecanti National Recreation Area as designated by this
title and as generally depicted on a map entitled ``Hall
Property, Colorado'', dated September, 1996, such lands upon
their acquisition by the United States from willing sellers
only shall be included in and managed as part of such
recreation area.
(d) The Establishment of the Black Canyon of the Gunnison
National Park Complex.--
(1) There is hereby established the Black Canyon of the
Gunnison National Park Complex (hereinafter referred to as
the ``complex'') in the State of Colorado. The purposes of
the complex are to emphasize management of the Gunnison River
and its environs while managing the components of the complex
(the park, the conservation area, and the recreation area)
according to their respective purposes and mandates; to seek
out and promote efficiencies in the management of the
complex; to integrate and coordinate planning efforts within
the complex; and as permitted by agency mandates and
policies, to utilize the resources of the involved agencies
cooperatively to enhance public service, to resolve issues,
and to provide a focal point for public contact. The complex
shall include the following lands as depicted on the map:
(A) The park.
(B) The conservation area
(C) The recreation area.
(D) Those portions of lands comprising the Gunnison
National Forest as depicted on the map.
(2) The Secretary, acting through the Director of the
National Park Service, shall manage the park, recreation
area, historic site and district; and acting through the
Director of the Bureau of Land Management, shall manage the
conservation area in accordance with this subsection, and
other applicable provisions of law.
(3) The Secretary of Agriculture, acting through the Chief
of the Forest Service shall manage, subject to valid existing
rights, those portions of the forest that have been included
in the complex in accordance with the laws, rules, and
regulations pertaining to the National Forest System and this
subsection.
(4) The Secretaries shall manage the areas under their
jurisdiction within the complex in a consistent manner, and
are authorized to share personnel, equipment, and other
resources to reduce or eliminate duplication of effort.
(5) Within four years following the date of enactment of
this section, the Secretary shall develop and transmit to the
Committee on Energy and Natural Resources of the United
States Senate and to the Committee on Resources of the United
States House of Representatives a comprehensive plan for the
long-range protection and management of the complex. The plan
shall describe the appropriate uses and management of the
complex consistent with the provisions of this section. The
plan may incorporate appropriate decisions contained in any
current management or activity plan for the complex. The plan
may also incorporate appropriate wildlife habitat management
or other plans that have been prepared for the lands within
or adjacent to the complex, and shall be prepared in close
consultation with appropriate Federal agencies and agencies
of the State of Colorado and shall use information developed
in previous studies of the lands within or adjacent to the
complex.
(e) Water Rights.--Nothing in this section, nor in any
action taken pursuant thereto under any other Act, shall
constitute an express or implied reservation of water for any
purpose. Nothing in this section, nor any actions taken
pursuant thereto shall affect any existing water rights,
including, but not limited to, any water rights held by the
United States prior to the date of enactment of this section.
Any water rights that the Secretary determines are necessary
for the purposes of this section shall be acquired under the
procedural and substantive

[[Page H11023]]

requirements of the laws of the State of Colorado.
(f) Recreational and Multiple-Use Activities.--
(1) In carrying out this section, in addition to other
related activities that may be permitted pursuant to this
section, the Secretaries shall provide for general recreation
and multiple use activities that are considered appropriate
and compatible within the areas of their respective
jurisdiction, including, but not limited to, swimming,
fishing, boating, rafting, hiking, horseback riding, camping
and picnicking. The Secretaries shall also provide for
certain multiple use activities, subject to valid existing
rights, including grazing; and the maintenance of existing
designated roads, stock driveways, and utility rights-of-way.
Within the boundaries of the recreation area the Secretary
may also provide for off-road vehicle use below high water
levels, on frozen lake surfaces, and on related designated
access routes; and other such uses as the Secretary may deem
appropriate.
(2) The Secretaries shall permit hunting, fishing,
noncommercial taking of fresh-water crustaceans, and trapping
on the lands and waters under the Secretaries jurisdiction in
accordance with applicable laws and regulations of the United
States and the State of Colorado, except that the
Secretaries, after consultation with the Colorado Division of
Wildlife, may issue regulations designating zones where and
establishing periods when no hunting or trapping shall be
permitted for reasons of public safety, administration, or
public use and enjoyment. Subject to valid existing rights,
hunting and trapping will not be allowed within the
boundaries of the park.
(g) Authorization of Appropriations.--There are hereby
authorized to be appropriated such sums as may be necessary
to carry out this section.

SEC. 1022. NATIONAL PARK FOUNDATION.

(a) The Act entitled ``An Act to establish the National
Park Foundation'', approved December 18, 1967 (16 U.S.C. 19e-
19n), is amended--
(1) in section 1--
(A) by striking ``therein'' and inserting in lieu thereof
``therein, and to develop and implement means of securing
funds from the private sector, to enhance funding for the
National Park System without supplanting appropriated funds
otherwise available for the National Park System,''; and
(B) by striking ``to accept and administer such gifts'';
(2) in section 3--
(A) by inserting ``(a)'' after ``Sec. 3.''; and
(B) by inserting at the end:
``(b)(1) In furtherance of the purposes of this Act, the
Foundation shall have exclusive authority to license or
authorize persons to use such trademarks, tradenames, signs,
symbols, emblems, insignia, logos, likenesses or slogans that
are or may be in the future adopted and owned by the
Foundation, and for which the Foundation has filed an
application or applications with the United States Patent and
Trademark Office, for the purposes of representing, promoting
or advertising for commercial purposes or pecuniary gain that
an individual, company, or particular good or service is an
official sponsor or official supporter of the National Park
System or National Park Service.
``(2) The authority provided in paragraph (1) shall be
subject to the following conditions:
``(A) The criteria and guidelines for the competitive
issuance and the maintenance of a license or authorization,
and the issuance of each license or authorization, shall be
subject to the prior written approval of the Secretary as
being appropriate to the image of the National Park System
and consistent with the management policies and practices of
the National Park Service, and such approval authority may
not be delegated. Criteria and guidelines developed under
this paragraph shall be printed in the Federal Register and
shall not take effect until 60 days after the date of
publication.
``(B) For good cause, the Secretary of the Interior may,
after consultation with the Foundation, terminate any license
or authorization granted pursuant to this subsection.
``(C) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an individual,
company, or particular good or service to represent, promote,
or advertise, and no person may represent or imply, for
commercial purposes or for pecuniary gain that it is an
official sponsor or official supporter of any individual unit
of the National Park System.
``(D) The advertisements and promotional activities
undertaken by a licensee or authorized person shall be
appropriate to the image of the National Park System and
consistent with the management policies and practices of the
National Park Service.
``(E) Neither the Secretary of the Interior, the
Foundation, nor any other person may authorize an individual,
company, or particular good or service to represent that it
is endorsed by the National Park Service.
``(F) Any license or authorization issued pursuant to this
subsection shall be for a term not to exceed 5 years and
shall not grant any right or preference of renewal.
``(G) Nothing in this Act shall in any way restrict the
authority of the President to manage White House matters or
restrict or preclude the Statue of Liberty - Ellis Island
Foundation, Inc. (the ``Statue of Liberty Foundation''), so
long as its activities are authorized by a Memorandum of
Agreement with the Secretary of the Interior, from raising
donations for the restoration of the Statue of Liberty and
Ellis Island by, among other things, offering to any third
parties exclusive rights to any trademark, tradename, sign,
symbol, insignia, emblem, logo, likeness, or slogan owned by
the Statue of Liberty Foundation.
``(F) Activities of the Foundation undertaken pursuant to
this Act, including the licensing or authorizing of official
sponsors and official supporters of the National Park System
or National Park Service by the Foundation, shall not
preclude charitable organizations or cooperating associations
from conducting fundraising activities or selling merchandise
to generate support for a unit or units of the National Park
System or the National Park Service, so long as such
activities do not convey a right to be considered as an
official sponsor or official supporter of such unit or units
as prohibited by subparagraph (B) or of the National Park
System or National Park Service.
``(c) No license or authorization referred to in subsection
(b) shall grant any person any right or authority to market,
advertise, display, sell, or promote, any goods, products or
services in any unit of the National Park System or in any
related facility operated outside the boundaries of any unit,
or to advertise or promote that it is an official sponsor or
official supporter within the meaning of subsection (b) in
any such unit or related facility.
``(2) No license or authorization may be granted to any
person--
``(A) that is in litigation against the Department of the
Interior; or
``(B) that has had a judgment rendered against it by a
court of law for a violation of any Federal environmental law
during the previous 5 years; or
``(C) which would create a conflict of interest or the
appearance thereof between the Department of the Interior and
such person.
(3) in section 4--
(A) by inserting ``and section 8(b)'' between ``transfer''
and the comma;
(B) by inserting ``license,'' between ``lease,'' and
``invest''; and
(C) by striking ``any business, nor shall the Foundation''
and inserting in lieu thereof ``business for pecuniary profit
or gain, except for the purposes set forth in this Act;
operate any commercial establishment or enterprise within any
unit of the National Park System; engage in any lobbying
activities as defined in section 3(7) of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1602(7)) concerning the
management of the National Park System; or'';
(4) in section 8--
(A) by inserting ``(a)'' after ``Sec. 8.''; and
(B) by inserting at the end:
``(b) All of the income in the Foundation, net of
reasonable operating expenses, any contributions to local
government pursuant to subsection (a), and reserves
determined necessary or appropriate by the Board, shall be
provided to or for the benefit of the National Park Service:
Provided, That all such net income derived from the licenses
and authorizations referred to in section 3(b) shall be
expended in accordance with policies and priorities of the
National Park Service on programs, projects, or activities
that benefit the National Park System or National Park
Service as identified by the Secretary in consultation with
the Foundation Provided further, That no person designated as
an official sponsor or supporter pursuant to section 3(b)
shall be permitted to direct or stipulate how fees paid for
such designated are to be expended.'';
(5) in section 10--
(A) by inserting ``(a)'' after ``Sec. 10.''; and
(B) by inserting at the end:
``(b) Within 30 days of the execution of each license or
authorization referred to in section 3(b), the Foundation
shall transmit a copy thereof to the Committee on Resources
of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United
States Senate.
``(c) No later than 5 years after the date of enactment of
this subsection, the Secretary of the Interior shall submit
to the Committee on Resources of the House of Representatives
and the Committee on Energy and Natural Resources of the
United States Senate a report assessing the cost,
effectiveness, and effects of the licensing and authorization
program established pursuant to section 3(b). The report
shall include, but not be limited to, assessments of the
effect of such program on--
``(1) visitation levels in the National Park System;
``(2) the image of the National Park System;
``(3) achievement of the needs and priorities of the
National Park Service;
``(4) appropriations for the National Park System;
``(5) the costs of the Foundation and the Secretary of the
Interior to administer the program.''; and
(6) at the end, by inserting:
``Sec. 11. Whoever, without the authorization of the
Foundation, uses for purposes of trade, to induce the sale of
any good or service, to promote any commercial activity, or
for other commercial purpose the name of the Foundation or
any trademark, tradename, sign, symbol, emblem, insignia,
logo, likeness, or slogan referred to in section 3(b)(1), or
any facsimile or simulation thereof tending to cause
confusion, to cause mistake, to deceive, or to suggest
falsely that an individual, company, or particular good or
service is an official sponsor or official supporter of the
National Park System or National Park Service, shall be
subject to suit in a civil action by the Foundation for the
remedies provided in the Act of July 5, 1946, 60 Stat. 427
(15 U.S.C. sec. 1051 et. seq.).''.
(b) Section 1 of Public Law 88-504 (36 U.S.C. 1101), as
amended, is further amended by adding at the end, ``(78) The
National Park Foundation.''.

SEC. 1023. RECREATION LAKES.

(a) Findings and Purposes.--The Congress finds that the
Federal Government, under the authority of the Reclamation
Act and other statutes, has developed manmade lakes and
reservoirs that have become a powerful magnet for diverse
recreational activities and that such activities contribute
to the well-being of families

[[Page H11024]]

and individuals and the economic viability of local
communities. The Congress further finds that in order to
further the purposes of the Land and Water Conservation Fund,
the President should appoint an advisory commission to review
the current and anticipated demand for recreational
opportunities at federally-managed manmade lakes and
reservoirs through creative partnerships involving Federal,
State and local governments and the private sector and to
develop alternatives for enhanced recreational use of such
facilities.
(b) Commission.--The Land and Water Conservation Fund Act
of 1965 (P.L. 88-578, 78 Stat. 897) is amended by adding at
the end the following new section:
``Sec. 13. (a) The President shall appoint an advisory
commission to review the opportunities for enhanced
opportunities for water based recreation which shall submit a
report to the President and to the Committee on Energy and
Natural Resources of the Senate and in the House of
Representatives to the Committee on Transportation and
Infrastructure and the Committee on Resources of the House of
Representatives within one year from the date of enactment of
this section.
``(b) The members of the Commission shall include--
``(1) the Secretary of the Interior, or his designee;
``(2) the Secretary of the Army, or his designee;
``(3) the Chairman of the Tennessee Valley Authority, or
his designee;
``(4) the Secretary of Agriculture, or his designee;
``(5) a person nominated by the National Governor's
Association; and
``(6) four persons familiar with the interests of the
recreation and tourism industry, conservation and recreation
use, Indian tribes, and local governments, at least one of
whom shall be familiar with the economics and financing of
recreation related infrastructure.
``(c) The President shall appoint one member to serve as
Chairman. Any vacancy on the Commission shall be filled in
the same manner as the original appointment. Members of the
Commission shall serve without compensation but shall be
reimbursed for travel, subsistence, and other necessary
expenses incurred by them in the performance of their duties.
The Secretary of the Interior shall provide all financial,
administrative, and staffing requirements for the Commission,
including office space, furnishings, and equipment. The heads
of other Federal agencies are authorized, at the request of
the Commission, to provide such information or personnel, to
the extent permitted by law and within the limits of
available funds, to the Commission as may be useful to
accomplish the purposes of this section.
``(d) The Commission may hold such hearings, sit and act at
such times and places, take such testimony, and receive such
evidence as it deems advisable: Provided, That, to the
maximum extent possible, the Commission shall use existing
data and research. The Commission is authorized to use the
United States mail in the same manner and upon the same
conditions as other departments and agencies of the United
States.
``(e) The report shall review the extent of water related
recreation at Federal manmade lakes and reservoirs and shall
develop alternatives to enhance the opportunities for such
use by the public. In developing the report, the Commission
shall--
``(1) review the extent to which recreation components
identified in specific authorizations associated with
individual federal manmade lakes and reservoirs have been
accomplished,
``(2) evaluate the feasibility of enhancing recreation
opportunities at federally-managed lakes and reservoirs under
existing statutes,
``(3) consider legislative changes that would enhance
recreation opportunities consistent with and subject to the
achievement of the authorized purposes of federal water
projects, and
``(4) make recommendations on alternatives for enhanced
recreation opportunities including, but not limited to, the
establishment of a National Recreation Lake System under
which specific lakes would receive national designation and
which would be managed through innovative partnership-based
agreements between federal agencies, State and local units of
government, and the private sector.

Any such alternatives shall be consistent with and subject to
the authorized purposes for any manmade lakes and reservoirs
and shall emphasize private sector initiatives in concert
with State and local units of government.''.

SEC. 1024. BISTI/DE-NA-ZIN WILDERNESS EXPANSION AND FOSSIL
FOREST PROTECTION.

(a) Short Title.--This section may be cited as the ``Bisti/
De-Na-Zin Wilderness Expansion and Fossil Forest Protection
Act''.
(b) Wilderness Designation.--Section 102 of the San Juan
Basin Wilderness Protection Act of 1984 (98 Stat. 3155) is
amended--
(1) in subsection (a)--
(A) by striking ``wilderness, and, therefore,'' and all
that follows through ``System--'' and inserting ``wilderness
areas, and as one component of the National Wilderness
Preservation System, to be known as the `Bisti/De-Na-Zin
Wilderness'--'';
(B) in paragraph (1), by striking ``, and which shall be
known as the Bisti Wilderness; and'' and inserting a
semicolon;
(C) in paragraph (2), by striking ``, and which shall be
known as the De-Na-Zin Wilderness.'' and inserting ``; and'';
and
(D) by adding at the end the following new paragraph:
``(3) certain lands in the Farmington District of the
Bureau of Land Management, New Mexico, which comprise
approximately 16,525 acres, as generally depicted on a map
entitled `Bisti/De-Na-Zin Wilderness Amendment Proposal',
dated May 1992.'';
(2) in the first sentence of subsection (c), by inserting
after ``of this Act'' the following: ``with regard to the
areas described in paragraphs (1) and (2) of subsection (a),
and as soon as practicable after the date of enactment of
subsection (a)(3) with regard to the area described in
subsection (a)(3)'';
(3) in subsection (d), by inserting after ``of this Act''
the following: ``with regard to the areas described in
paragraphs (1) and (2) of subsection (a), and where
established prior to the date of enactment of subsection
(a)(3) with regard to the area described in subsection
(a)(3)''; and
(4) by adding at the end the following new subsection:
``(e)(1) Subject to valid existing rights, the lands
described in subsection (a)(3) are withdrawn from all forms
of appropriation under the mining laws and from disposition
under all laws pertaining to mineral leasing, geothermal
leasing, and mineral material sales.
``(2) The Secretary of the Interior may issue coal leases
in New Mexico in exchange for any preference right coal lease
application within the area described in subsection (a)(3).
Such exchanges shall be made in accordance with applicable
existing laws and regulations relating to coal leases after a
determination has been made by the Secretary that the
applicant is entitled to a preference right lease and that
the exchange is in the public interest.
``(3) Operations on oil and gas leases issued prior to the
date of enactment of subsection (a)(3) shall be subject to
the applicable provisions of Group 3100 of title 43, Code of
Federal Regulations (including section 3162.5-1), and such
other terms, stipulations, and conditions as the Secretary of
the Interior considers necessary to avoid significant
disturbance of the land surface or impairment of the
ecological, educational, scientific, recreational, scenic,
and other wilderness values of the lands described in
subsection (a)(3) in existence on the date of enactment of
subsection (a)(3). In order to satisfy valid existing rights
on the lands described in subsection (a)(3), the Secretary of
the Interior may exchange any oil and gas lease within this
area for an unleased parcel outside this area of like mineral
estate and with similar appraised mineral values.''.
(c) Exchanges for State Lands.--Section 104 of the San Juan
Basin Wilderness Protection Act of 1984 (98 Stat. 3156) is
amended--
(1) in the first sentence of subsection (b), by inserting
after ``of this Act'' the following: ``with regard to the
areas described in paragraphs (1) and (2) of subsection (a),
and not later than 120 days after the date of enactment of
subsection (a)(3) with regard to the area described in
subsection (a)(3)'';
(2) in subsection (c), by inserting before the period the
following: ``with regard to the areas described in paragraphs
(1) and (2) of subsection (a), and as of the date of
enactment of subsection (a)(3) with regard to the area
described in subsection (a)(3)''; and
(3) in the last sentence of subsection (d), by inserting
before the period the following: ``with regard to the areas
described in paragraphs (1) and (2) of subsection (a), and
not later than 2 years after the date of enactment of
subsection (a)(3) with regard to the area described in
subsection (a)(3)''.
(d) Exchanges for Indian Lands.--Section 105 of the San
Juan Basin Wilderness Protection Act of 1984 (98 Stat. 3157)
is amended by adding at the end the following new subsection:
``(d)(1) The Secretary of the Interior shall exchange any
lands held in trust for the Navajo Tribe by the Bureau of
Indian Affairs that are within the boundary of the area
described in subsection (a)(3).
``(2) The lands shall be exchanged for lands within New
Mexico approximately equal in value that are selected by the
Navajo Tribe.
``(3) After the exchange, the lands selected by the Navajo
Tribe shall be held in trust by the Secretary of the Interior
in the same manner as the lands described in paragraph
(1).''.
(e) Fossil Forest Research Natural Area.--Section 103 of
the San Juan Basin Wilderness Protection Act of 1984 (98
Stat. 3156) is amended to read as follows:

``SEC. 103. FOSSIL FOREST RESEARCH NATURAL AREA.

``(a) Establishment.--To conserve and protect natural
values and to provide scientific knowledge, education, and
interpretation for the benefit of future generations, there
is established the Fossil Forest Research Natural Area
(referred to in this section as the `Area'), consisting of
the approximately 2,770 acres in the Farmington District of
the Bureau of Land Management, New Mexico, as generally
depicted on a map entitled `Fossil Forest', dated June 1983.
``(b) Map and Legal Description.--
``(1) In general.--As soon as practicable after the date of
enactment of this paragraph, the Secretary of the Interior
shall file a map and legal description of the Area with the
Committee on Energy and Natural Resources of the Senate and
the Committee on Natural Resources of the House of
Representatives.
``(2) Force and effect.--The map and legal description
described in paragraph (1) shall have the same force and
effect as if included in this Act.
``(3) Technical corrections.--The Secretary of the Interior
may correct clerical, typographical, and cartographical
errors in the map and legal description subsequent to filing
the map pursuant to paragraph (1).
``(4) Public inspection.--The map and legal description
shall be on file and available for public inspection in the
Office of the Director of the Bureau of Land Management,
Department of the Interior.
``(c) Management.--

[[Page H11025]]

``(1) In general.--The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
manage the Area--
``(A) to protect the resources within the Area; and
``(B) in accordance with this Act, the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1701 et seq.), and
other applicable provisions of law.
``(2) Mining.--
``(A) Withdrawal.--Subject to valid existing rights, the
lands within the Area are withdrawn from all forms of
appropriation under the mining laws and from disposition
under all laws pertaining to mineral leasing, geothermal
leasing, and mineral material sales.
``(B) Coal preference rights.--The Secretary of the
Interior is authorized to issue coal leases in New Mexico in
exchange for any preference right coal lease application
within the Area. Such exchanges shall be made in accordance
with applicable existing laws and regulations relating to
coal leases after a determination has been made by the
Secretary that the applicant is entitled to a preference
right lease and that the exchange is in the public interest.
``(C) Oil and gas leases.--Operations on oil and gas leases
issued prior to the date of enactment of this paragraph shall
be subject to the applicable provisions of Group 3100 of
title 43, Code of Federal Regulations (including section
3162.5-1), and such other terms, stipulations, and conditions
as the Secretary of the Interior considers necessary to avoid
significant disturbance of the land surface or impairment of
the natural, educational, and scientific research values of
the Area in existence on the date of enactment of this
paragraph.
``(3) Grazing.--Livestock grazing on lands within the Area
may not be permitted.
``(d) Inventory.--Not later than 3 full fiscal years after
the date of enactment of this subsection, the Secretary of
the Interior, acting through the Director of the Bureau of
Land Management, shall develop a baseline inventory of all
categories of fossil resources within the Area. After the
inventory is developed, the Secretary shall conduct
monitoring surveys at intervals specified in the management
plan developed for the Area in accordance with subsection
(e).
``(e) Management Plan.--
``(1) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary of the Interior shall
develop and submit to the Committee on Energy and Natural
Resources of the Senate and the Committee on Natural
Resources of the House of Representatives a management plan
that describes the appropriate uses of the Area consistent
with this Act.
``(2) Contents.--The management plan shall include--
``(A) a plan for the implementation of a continuing
cooperative program with other agencies and groups for--
``(i) laboratory and field interpretation; and
``(ii) public education about the resources and values of
the Area (including vertebrate fossils);
``(B) provisions for vehicle management that are consistent
with the purpose of the Area and that provide for the use of
vehicles to the minimum extent necessary to accomplish an
individual scientific project;
``(C) procedures for the excavation and collection of
fossil remains, including botanical fossils, and the use of
motorized and mechanical equipment to the minimum extent
necessary to accomplish an individual scientific project; and
``(D) mitigation and reclamation standards for activities
that disturb the surface to the detriment of scenic and
environmental values.''.

SEC. 1025. OPAL CREEK WILDERNESS AND SCENIC RECREATION AREA.

(a) Definitions.--In this section:
(1) Bull of the woods wilderness.--The term ``Bull of the
Woods Wilderness'' means the land designated as wilderness by
section 3(4) of the Oregon Wilderness Act of 1984 (Public Law
98-328; 16 U.S.C. 1132 note).
(2) Opal creek wilderness.--The term ``Opal Creek
Wilderness'' means certain land in the Willamette National
Forest in the State of Oregon comprising approximately 12,800
acres, as generally depicted on the map entitled ``Proposed
Opal Creek Wilderness and Scenic Recreation Area'', dated
July 1996.
(3) Scenic recreation area.--The term ``Scenic Recreation
Area'' means the Opal Creek Scenic Recreation Area,
comprising approximately 13,000 acres, as generally depicted
on the map entitled ``Proposed Opal Creek Wilderness and
Scenic Recreation Area'', dated July 1996 and established
under subsection (c)(1)(C).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(b) Purposes.--The purposes of this section are--
(1) to establish a wilderness and scenic recreation area to
protect and provide for the enhancement of the natural,
scenic, recreational, historic and cultural resources of the
area in the vicinity of Opal Creek;
(2) to protect and support the economy of the communities
in the Santiam Canyon; and
(3) to provide increased protection for an important
drinking water source for communities served by the North
Santiam River.
(c) Establishment of Opal Creek Wilderness and Scenic
Recreation Area.--
(1) Establishment.--On a determination by the Secretary
under paragraph (2)--
(A) the Opal Creek Wilderness, as depicted on the map
described in subsection (a)(2), is hereby designated as
wilderness, subject to the provisions of the Wilderness Act
of 1964, shall become a component of the National Wilderness
System, and shall be known as the Opal Creek Wilderness;
(B) the part of the Bull of the Woods Wilderness that is
located in the Willamette National Forest shall be
incorporated into the Opal Creek Wilderness; and
(C) the Secretary shall establish the Opal Creek Scenic
Recreation Area in the Willamette National Forest in the
State of Oregon, comprising approximately 13,000 acres, as
generally depicted on the map described in subsection (a)(3).
(2) Conditions.--The designations in paragraph (1) shall
not take effect unless the Secretary makes a determination,
not later than 2 years after the date of enactment of this
title, that the following conditions have been met:
(A) the following have been donated to the United States in
an acceptable condition and without encumbrances:
(i) all right, title, and interest in the following
patented parcels of land--

(I) Santiam Number 1, mineral survey number 992, as
described in patent number 39-92-0002, dated December 11,
1991;
(II) Ruth Quartz Mine Number 2, mineral survey number 994,
as described in patent number 39-91-0012, dated February 12,
1991;
(III) Morning Star Lode, mineral survey number 993, as
described in patent number 36-91-0011, dated February 12,
1991;

(ii) all right, title, and interest held by any entity
other than the Times Mirror Land and Timber Company, its
successors and assigns, in and to lands located in section
18, township 8 south, range 5 east, Marion County, Oregon,
Eureka numbers 6, 7, 8, and 13 mining claims; and
(iii) an easement across the Hewitt, Starvation, and Poor
Boy Mill Sites, mineral survey number 990, as described in
patent number 36-91-0017, dated May 9, 1991. In the sole
discretion of the Secretary, such easement may be limited to
administrative use if an alternative access route, adequate
and appropriate for public use, is provided.
(B) a binding agreement has been executed by the Secretary
and the owners of record as of March 29, 1996, of the
following interests, specifying the terms and conditions for
the disposition of such interests to the United States
Government--
(i) The lode mining claims known as Princess Lode, Black
Prince Lode, and King Number 4 Lode, embracing portions of
sections 29 and 32, township 8 south, range 5 east,
Willamette Meridian, Marion County, Oregon, the claims being
more particularly described in the field notes and depicted
on the plat of mineral survey number 887, Oregon; and
(ii) Ruth Quartz Mine Number 1, mineral survey number 994,
as described in patent number 39-91-0012, dated February 12,
1991.
(3) Additions to the wilderness and scenic recreation
areas.--
(A) Lands or interests in lands conveyed to the United
States under this subsection shall be included in and become
part of, as appropriate, Opal Creek Wilderness or the Opal
Creek Scenic Recreation Area.
(B) On acquiring all or substantially all of the land
located in section 36, township 8 south, range 4 east, of the
Willamette Meridian, Marion County, Oregon, commonly known as
the Rosboro section by exchange, purchase from a willing
seller, or by donation, the Secretary shall expand the
boundary of the Scenic Recreation Area to include such land.
(C) On acquiring all or substantially all of the land
located in section 18, township 8 south, range 5 east, Marion
County, Oregon, commonly known as the Times Mirror property,
by exchange, purchase from a willing seller, or by donation,
such land shall be included in and become a part of the Opal
Creek Wilderness.
(d) Administration of the Scenic Recreation Area.--
(1) In general.--The Secretary shall administer the Scenic
Recreation Area in accordance with this section and the laws
(including regulations) applicable to the National Forest
System.
(2) Opal creek management plan.--
(A) In general.--Not later than 2 years after the date of
establishment of the Scenic Recreation Area, the Secretary,
in consultation with the advisory committee established under
subsection (e)(1), shall prepare a comprehensive Opal Creek
Management Plan (Management Plan) for the Scenic Recreation
Area.
(B) Incorporation in land and resource management plan.--
Upon its completion, the Opal Creek Management Plan shall
become part of the land and resource management plan for the
Willamette National Forest and supersede any conflicting
provision in such land and resource management plan.Nothing
in this paragraph shall be construed to supersede the
requirements of the Endangered Species Act or the National
Forest Management Act or regulations promulgated under those
Acts, or any other law.
(C) Requirements.--The Opal Creek Management Plan shall
provide for a broad range of land uses, including--
(i) recreation;
(ii) harvesting of nontraditional forest products, such as
gathering mushrooms and material to make baskets; and
(iii) educational and research opportunities.
(D) Plan amendments.--The Secretary may amend the Opal
Creek Management Plan as the Secretary may determine to be
necessary, consistent with the procedures and purposes of
this section.
(3) Cultural and historic resource inventory.--
(A) In general.--Not later than 1 year after the date of
establishment of the Scenic Recreation Area, the Secretary
shall review and revise the inventory of the cultural and
historic resources on the public land in the Scenic
Recreation Area developed pursuant to the Oregon Wilderness
Act of 1984 (Public Law 98-328; 16 U.S.C. 1132).
(B) Interpretation.--Interpretive activities shall be
developed under the management plan in consultation with
State and local historic preservation organizations and shall
include a balanced and factual interpretation of the
cultural, ecological, and industrial history of forestry and
mining in the Scenic Recreation Area.

[[Page H11026]]

(4) Transportation planning.--
(A) In general.--Except as provided in this subparagraph,
motorized vehicles shall not be permitted in the Scenic
Recreation Area.To maintain reasonable motorized and other
access to recreation sites and facilities in existence on the
date of enactment of this title, the Secretary shall prepare
a transportation plan for the Scenic Recreation Area that--
(i) evaluates the road network within the Scenic Recreation
Area to determine which roads should be retained and which
roads should be closed;
(ii) provides guidelines for transportation and access
consistent with this section;
(iii) considers the access needs of persons with
disabilities in preparing the transportation plan for the
Scenic Recreation Area;
(iv) allows forest road 2209 beyond the gate to the Scenic
Recreation Area, as depicted on the map described in
subsection (a)(2), to be used by motorized vehicles only for
administrative purposes and for access by private inholders,
subject to such terms and conditions as the Secretary may
determine to be necessary; and
(v) restricts construction or improvement of forest road
2209 beyond the gate to the Scenic Recreation Area to
maintaining the character of the road as it existed upon the
date of enactment of this Act, which shall not include paving
or widening.
In order to comply with subsection (f)(2), the Secretary may
make improvements to forest road 2209 and its bridge
structures consistent with the character of the road as it
existed on the date of enactment of this Act.
(5) Hunting and fishing.--
(A) In general.--Subject to applicable Federal and State
law, the Secretary shall permit hunting and fishing in the
Scenic Recreation Area.
(B) Limitation.--The Secretary may designate zones in
which, and establish periods when, no hunting or fishing
shall be permitted for reasons of public safety,
administration, or public use and enjoyment of the Scenic
Recreation Area.
(C) Consultation.--Except during an emergency, as
determined by the Secretary, the Secretary shall consult with
the Oregon State Department of Fish and Wildlife before
issuing any regulation under this subsection.
(6) Timber cutting.--
(A) In general.--Subject to subparagraph (B), the Secretary
shall prohibit the cutting and/or selling of trees in the
Scenic Recreation Area.
(B) Permitted cutting.--
(i) In general.--Subject to clause (ii), the Secretary may
allow the cutting of trees in the Scenic Recreation Area
only--

(I) for public safety, such as to control the continued
spread of a forest fire in the Scenic Recreation Area or on
land adjacent to the Scenic Recreation Area;

(II) for activities related to administration of the Scenic
Recreation Area, consistent with the Opal Creek Management
Plan; or
(III) for removal of hazard trees along trails and
roadways.

(ii) Salvage sales.--The Secretary may not allow a salvage
sale in the Scenic Recreation Area.
(7) Withdrawal.
(A) subject to valid existing rights, all lands in the
scenic recreation area are withdrawn from--
(i) any form of entry, appropriation, or disposal under the
public land laws;
(ii) location, entry, and patent under the mining laws; and
(iii) disposition under the mineral and geothermal leasing
laws.
(8) Bornite project.--
(A) Nothing in this section shall be construed to interfere
with or approve any exploration, mining, or mining-related
activity in the Bornite Project Area, depicted on the map
described in subsection (a)(3), conducted in accordance with
applicable laws.
(B) Nothing in this section shall be construed to interfere
with the ability of the Secretary to approve and issue, or
deny, special use permits in connection with exploration,
mining, and mining-related activities in the Bornite Project
Area.
(C) Motorized vehicles, roads, structures, and utilities
(including but not limited to power lines and water lines)
may be allowed inside the Scenic Recreation Area to serve the
activities conducted on land within the Bornite Project.
(D) After the date of enactment of this Act, no patent
shall be issued for any mining claim under the general mining
laws located within the Bornite Project Area.
(9) Water impoundments.--Notwithstanding the Federal Power
Act (16 U.S.C. 791a et seq.), the Federal Energy Regulatory
Commission may not license the construction of any dam, water
conduit, reservoir, powerhouse, transmission line, or other
project work in the Scenic Recreation Area, except as may be
necessary to comply with the provisions of paragraph (8) with
regard to the Bornite Project.
(10) Recreation.--
(A) Recognition.--Congress recognizes recreation as an
appropriate use of the Scenic Recreation Area.
(B) Minimum levels.--The management plan shall permit
recreation activities at not less than the levels in
existence on the date of enactment of this Act.
(C) Higher levels.--The management plan may provide for
levels of recreation use higher than the levels in existence
on the date of enactment of this Act if such uses are
consistent with the protection of the resource values of
Scenic Recreation Area.
(D) The management plan may include public trail access
through section 28, township 8 south, range 5 east,
Willamette Meridian, to Battle Axe Creek, Opal Pool and other
areas in the Opal Creek Wilderness and the Opal Creek Scenic
Recreation Area.
(11) Participation.--So that the knowledge, expertise, and
views of all agencies and groups may contribute affirmatively
to the most sensitive present and future use of the Scenic
Recreation Area and its various subareas for the benefit of
the public:
(A) Advisory council.--The Secretary shall consult on a
periodic and regular basis with the advisory council
established under subsection (e) with respect to matters
relating to management of the Scenic Recreation Area.
(B) Public participation.--The Secretary shall seek the
views of private groups, individuals, and the public
concerning the Scenic Recreation Area.
(C) Other agencies.--The Secretary shall seek the views and
assistance of, and cooperate with, any other Federal, State,
or local agency with any responsibility for the zoning,
planning, or natural resources of the Scenic Recreation Area.
(D) Nonprofit agencies and organizations.--The Secretary
shall seek the views of any nonprofit agency or organization
that may contribute information or expertise about the
resources and the management of the Scenic Recreation Area.
(e) Advisory Council.--
(1) Establishment.--not later than 90 days after the
establishment of the scenic recreation area, the secretary
shall establish an advisory council for the scenic recreation
area.
(2) Membership.--the advisory council shall consist of not
more than 13 members, of whom--
(A) 1 member shall represent Marion County, Oregon, and
shall be designated by the governing body of the county;
(B) 1 member shall represent the State of Oregon and shall
be designated by the Governor of Oregon; and
(C) 1 member shall represent the City of Salem, and shall
be designated by the mayor of Salem, Oregon;
(D) 1 member from a city within a 25 mile radius of the
Opal Creek Scenic Recreation Area, to be designated by the
Governor of the State of Oregon from a list of candidates
provided by the mayors of the cities located within a 25 mile
radius of the Opal Creek Scenic Recreation Area; and
(E) not more than 9 members shall be appointed by the
Secretary from among persons who, individually or through
association with a national or local organization, have an
interest in the administration of the Scenic Recreation Area,
including, but not limited to, representatives of the timber
industry, environmental organizations, the mining industry,
inholders in the Opal Creek Wilderness and Scenic Recreation
Area, economic development interests and Indian tribes.
(3) Staggered terms.--Members of the advisory council shall
serve for staggered terms of 3 years.
(4) Chairman.--The Secretary shall designate 1 member of
the advisory council as chairman.
(5) Vacancies.--The Secretary shall fill a vacancy on the
advisory council in the same manner as the original
appointment.
(6) Compensation.--Members of the advisory council shall
receive no compensation for their service on the advisory
council.
(f) General Provisions.--
(1) Land acquisition.--
(A) In general.--Subject to the other provisions of this
section, the Secretary may acquire any lands or interests in
land in the Scenic Recreation Area or the Opal Creek
Wilderness that the Secretary determines are needed to carry
out this section.
(B) Public land.--Any lands or interests in land owned by a
State or a political subdivision of a State may be acquired
only by donation or exchange.
(C) Condemnation.--Within the boundaries of the Opal Creek
Wilderness or the Scenic Recreation Area, the Secretary may
not acquire any privately owned land or interest in land
without the consent of the owner unless the Secretary finds
that--
(i) the nature of land use has changed significantly, or
the landowner has demonstrated intent to change the land use
significantly, from the use that existed on the date of the
enactment of this Act; and
(ii) acquisition by the Secretary of the land or interest
in land is essential to ensure use of the land or interest in
land in accordance with the purposes of this title or the
management plan prepared under subsection (d)(2).
(D) Nothing in this section shall be construed to enhance
or diminish the condemnation authority available to the
Secretary outside the boundaries of the Opal Creek Wilderness
or the Scenic Recreation Area.
(2) Environmental response actions and cost recovery.--
(A) Response actions.--Nothing in this section shall limit
the authority of the Secretary or a responsible party to
conduct an environmental response action in the Scenic
Recreation Area in connection with the release, threatened
release, or cleanup of a hazardous substance, pollutant, or
contaminant, including a response action conducted under the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(B) Liability.--Nothing in this section shall limit the
authority of the Secretary or a responsible party to recover
costs related to the release, threatened release, or cleanup
of any hazardous substance or pollutant or contaminant in the
Scenic Recreation Area.
(3) Maps and description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
boundary description for the Opal Creek Wilderness and for
the Scenic Recreation Area with the Committee on Resources of
the House of Representatives and the Committee on Energy and
Natural Resources of the Senate.
(B) Force and effect.--The boundary description and map
shall have the same force and

[[Page H11027]]

effect as if the description and map were included in this
section, except that the Secretary may correct clerical and
typographical errors in the boundary description and map.
(C) Availability.--The map and boundary description shall
be on file and available for public inspection in the Office
of the Chief of the Forest Service, Department of
Agriculture.
(4) Savings provision.--Nothing in this section shall
interfere with any activity for which a special use permit
has been issued, has not been revoked, and has not expired,
before the date of enactment of this Act, subject to the
terms of the permit.
(g) Rosboro Land Exchange.--
(1) Authorization.--Notwithstanding any other law, if the
Rosboro Lumber Company (referred to in this subsection as
``Rosboro'') offers and conveys marketable title to the
United States to the land described in paragraph (2), the
Secretary of Agriculture shall convey all right, title and
interest held by the United States to sufficient lands
described in paragraph (3) to Rosboro, in the order in which
they appear in this subsection, as necessary to satisfy the
equal value requirements of paragraph (4).
(2) Land to be offered by rosboro.--The land referred to in
paragraph (1) as the land to be offered by Rosboro shall
comprise Section 36, Township 8 South, Range 4 East,
Willamette Meridian.
(3) Land to be conveyed by the united states.--The land
referred to in paragraph (1) as the land to be conveyed by
the United States shall comprise sufficient land from the
following prioritized list to be of equal value under
paragraph (4):
(A) Section 5, Township 17 South, Range 4 East, Lot 7
(37.63 acres);
(B) Section 2, Township 17 South, Range 4 East, Lot 3
(29.28 acres);
(C) Section 13, Township 17 South, Range 4 East, S\1/2\
SE\1/4\ (80 acres);
(D) Section 2, Township 17 South, Range 4 East, SW\1/4\
SW\1/4\ (40 acres);
(E) Section 2, Township 17 South, Range 4 East, NW\1/4\
SE\1/4\ (40 acres);
(F) Section 8, Township 17 South, Range 4 East, SE\1/4\
SW\1/4\ (40 acres);
(G) Section 11, Township 17 South, Range 4 East, W\1/2\
NW\1/4\ (80 acres);
(4) Equal value.--The land and interests in land exchanged
under this subsection shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of
Professional Appraisal Practice, or shall be equalized by way
of payment of cash pursuant to the provisions of section
206(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)), and other applicable law. The appraisal
shall consider access costs for the parcels involved.
(5) Timetable.--
(A) The exchange directed by this subsection shall be
consummated not later than 120 days after the date Rosboro
offers and conveys the property described in paragraph (2) to
the United States.
(B) The authority provided by this subsection shall lapse
if Rosboro fails to offer the land described in paragraph (2)
within 2 years after the date of enactment of this Act.
(6) Challenge.--Rosboro shall have the right to challenge
in United States District Court for the District of Oregon a
determination of marketability under paragraph (1) and a
determination of value for the lands described in paragraphs
(2) and (3) by the Secretary of Agriculture. The court shall
have the authority to order the Secretary to complete the
transaction contemplated in this subsection.
(7) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(h) Designation of Elkhorn Creek as a Wild and Scenic
River.--Section 3(a) of the Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the
following:
``( )(A) Elkhorn Creek.--The 6.4-mile segment traversing
federally administered lands from that point along the
Willamette National Forest boundary on the common section
line between Sections 12 and 13, Township 9 South, Range 4
East, Willamette Meridian, to that point where the segment
leaves Federal ownership along the Bureau of Land Management
boundary in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, in the following classes:
``(i) a 5.8-mile wild river area, extending from that point
along the Willamette National Forest boundary on the common
section line between Sections 12 and 13, Township 9 South,
Range 4 East, Willamette Meridian, to its confluence with
Buck Creek in Section 1, Township 9 South, Range 3 East,
Willamette Meridian, to be administered as agreed on by the
Secretaries of Agriculture and the Interior, or as directed
by the President; and
``(ii) a 0.6-mile scenic river area, extending from the
confluence with Buck Creek in Section 1, Township 9 South,
Range 3 East, Willamette Meridian, to that point where the
segment leaves Federal ownership along the Bureau of Land
Management boundary in Section 1, Township 9 South, Range 3
East, Willamette Meridian, to be administered by the
Secretary of Interior, or as directed by the President.
``(B) Notwithstanding section 3(b) of this Act, the lateral
boundaries of both the wild river area and the scenic river
area along Elkhorn Creek shall include an average of not more
than 640 acres per mile measured from the ordinary high water
mark on both sides of the river.''.
(i) Economic Development.--
(1) Economic development plan.--As a condition for
receiving funding under paragraph (2), the State of Oregon,
in consultation with Marion County, Oregon, and the Secretary
of Agriculture, shall develop a plan for economic development
projects for which grants under this subsection may be used
in a manner consistent with this section and to benefit local
communities in the vicinity of the Opal Creek area. Such plan
shall be based on an economic opportunity study and other
appropriate information.
(2) Funds provided to the states for grants.--Upon
completion of the Opal Creek Management Plan, and receipt of
the plan referred to in paragraph (1), the Secretary shall
provide, subject to appropriations, $15,000,000 to the State
of Oregon. Such funds shall be used to make grants or loans
for economic development projects that further the purposes
of this section and benefit the local communities in the
vicinity of the Opal Creek area.
(3) Report.--The State of Oregon shall--
(A) prepare and provide the Secretary and Congress with an
annual report on the use of the funds made available under
this subsection;
(B) make available to the Secretary and to Congress, upon
request, all accounts, financial records, and other
information related to grants and loans made available
pursuant to this subsection; and
(C) as loans are repaid, make additional grants and loans
with the money made available for obligation by such
repayments.

SEC. 1026. UPPER KLAMATH BASIN ECOLOGICAL RESTORATION
PROJECTS.

(a) Definitions.--In this section:
(1) Ecosystem restoration office.--The term ``Ecosystem
Restoration Office'' means the Klamath Basin Ecosystem
Restoration Office operated cooperatively by the United
States Fish and Wildlife Service, Bureau of Reclamation,
Bureau of Land Management, and Forest Service.
(2) Working group.--The term ``Working Group'' means the
Upper Klamath Basin Working Group, established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including--
(A) 3 tribal members;
(B) 1 representative of the city of Klamath Falls, Oregon;
(C) 1 representative of Klamath County, Oregon;
(D) 1 representative of institutions of higher education in
the Upper Klamath Basin;
(E) 4 representatives of the environmental community,
including at least one such representative from the State of
California with interests in the Klamath Basin National
Wildlife Refuge Complex;
(F) 4 representatives of local businesses and industries,
including at least one representative of the forest products
industry and one representative of the ocean commercial
fishing industry and/or the recreational fishing industry
based in either Oregon or California;
(G) 4 representatives of the ranching and farming
community, including representatives of Federal lease-land
farmers and ranchers and of private land farmers and ranchers
in the Upper Klamath Basin;
(H) 2 representatives from State of Oregon agencies with
authority and responsibility in the Klamath River Basin,
including one from the Oregon Department of Fish and Wildlife
and one from the Oregon Water Resources Department;
(I) 4 representatives from the local community; and
(J) One representative each from the following Federal
resource management agencies in the Upper Klamath Basin: Fish
and Wildlife Service, Bureau of Reclamation, Bureau of Land
Management, Bureau of Indian Affairs, Forest Service, Natural
Resources Conservation Service, National Marine Fisheries
Service and Ecosystem Restoration Office.
(K) One representative of the Klamath County Soil and Water
Conservation District.
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(4) Task force.--The term ``Task Force'' means the Klamath
River Basin Fisheries Task Force as established by the
Klamath River Basin Fishery Resource Restoration Act (P.L.
99-552, 16 U.S.C. 460ss-3, et.seq.).
(5) Compact commission.--The term ``Compact Commission''
means the Klamath River Basin Compact Commission created
pursuant to the Klamath River Compact Act of 1954.
(6) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and consisting
of at least a quorum at a regularly scheduled business
meeting.
(7) Quorum.--The term ``quorum'' means one more than half
of those qualified Working Group members appointed and
eligible to serve.
(8) Trinity task force.--The term ``Trinity Task Force''
means the Trinity River Restoration Task Force created by
Public Law 98-541, as amended by Public Law 104-143.
(b) In General.--
(1) The Working Group through the Ecosystem Restoration
Office, with technical assistance from the Secretary, will
propose ecological restoration projects, economic development
and stability projects, and projects designed to reduce the
impacts of drought conditions to be undertaken in the Upper
Klamath Basin based on a consensus of the Working Group
membership.
(2) The Secretary shall pay, to the greatest extent
feasible, up to 50 percent of the cost of performing any
project approved by the Secretary or his designee, up to a
total amount of $1,000,000 during each of fiscal years 1997
through 2001.
(3) Funds made available under this title through the
Department of the Interior or the Department of Agriculture
shall be distributed through the Ecosystem Restoration
Office.
(4) The Ecosystem Restoration Office may utilize not more
than 15 percent of all Federal funds administered under this
section for administrative costs relating to the
implementation of this section.
(5) All funding recommendations developed by the Working
Group shall be based on a consensus of Working Group members.

[[Page H11028]]

(c) Coordination.--(1) The Secretary shall formulate a
cooperative agreement among the Working Group, the Task
Force, the Trinity Task Force and the Compact Commission for
the purposes of ensuring that projects proposed and funded
through the Working Group are consistent with other basin-
wide fish and wildlife restoration and conservation plans,
including but not limited to plans developed by the Task
Force and the Compact Commission;
(2) To the greatest extent practicable, the Working Group
shall provide notice to, and accept input from, two members
each of the Task Force, the Trinity Task Force, and the
Compact Commission, so appointed by those entities, for the
express purpose of facilitating better communication and
coordination regarding additional basin-wide fish and
wildlife and ecosystem restoration and planning efforts.The
roles and relationships of the entities involved shall be
clarified in the cooperative agreement.
(d) Public Meetings.--The Working Group shall conduct all
meetings subject to Federal open meeting and public
participation laws.The chartering requirements of the Federal
Advisory Committee Act (5 U.S.C. App.) are hereby deemed to
have been met by this section.
(e) Terms and Vacancies.-- Working Group members shall
serve for three-year terms, beginning on the date of
enactment of this title. Vacancies which occur for any reason
after the date of enactment of this title shall be filled by
direct appointment of the governor of the State of Oregon, in
consultation with the Secretary of the Interior and the
Secretary of Agriculture, in accordance with nominations from
the appropriate groups, interests, and government agencies
outlined in subsection (a)(2).
(f) Rights, Duties and Authorities Unaffected.--The Working
Group will supplement, rather than replace, existing efforts
to manage the natural resources of the Klamath Basin. Nothing
in this section affects any legal right, duty or authority of
any person or agency, including any member of the working
group.
(g) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $1,000,000 for
each of fiscal years 1997 through 2002.

SEC. 1027. DESCHUTES BASIN ECOSYSTEM RESTORATION PROJECTS.

(a) Definitions.--In this section:
(1) Working group.--The term ``Working Group'' means the
Deschutes River Basin Working Group established before the
date of enactment of this title, consisting of members
nominated by their represented groups, including--
(A) 5 representatives of private interests including one
each from hydroelectric production, livestock grazing,
timber, land development, and recreation/tourism;
(B) 4 representatives of private interests including two
each from irrigated agriculture and the environmental
community;
(C) 2 representatives from the Confederated Tribes of the
Warm Springs Reservation of Oregon;
(D) 2 representatives from Federal agencies with authority
and responsibility in the Deschutes River Basin, including
one from the Department of the Interior and one from the
Agriculture Department;
(E) 2 representatives from the State of Oregon agencies
with authority and responsibility in the Deschutes River
Basin, including one from the Oregon Department of Fish and
Wildlife and one from the Oregon Water Resources Department;
and
(F) 4 representatives from county or city governments
within the Deschutes River Basin county and/or city
governments.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Federal agencies.--The term ``Federal agencies'' means
agencies and departments of the United States, including, but
not limited to, the Bureau of Reclamation, Bureau of Indian
Affairs, Bureau of Land Management, Fish and Wildlife
Service, Forest Service, Natural Resources Conservation
Service, Farm Services Agency, the National Marine Fisheries
Service, and the Bonneville Power Administration.
(4) Consensus.--The term ``consensus'' means a unanimous
agreement by the Working Group members present and
constituting at least a quorum at a regularly scheduled
business meeting.
(5) Quorum.--The term ``quorum'' means one more than half
of those qualified Working Group members appointed and
eligible to serve.
(b) In General.--
(1) The Working Group will propose ecological restoration
projects on both Federal and non-Federal lands and waters to
be undertaken in the Deschutes River Basin based on a
consensus of the Working Group, provided that such projects,
when involving Federal land or funds, shall be proposed to
the Bureau of Reclamation in the Department of the Interior
and any other Federal agency with affected land or funds.
(2) The Working Group will accept donations, grants or
other funds and place such funds received into a trust fund,
to be expended on ecological restoration projects which, when
involving Federal land or funds, are approved by the affected
Federal agency.
(3) The Bureau of Reclamation shall pay from funds
authorized under subsection (h) of this title up to 50
percent of the cost of performing any project proposed by the
Working Group and approved by the Secretary, up to a total
amount of $1,000,000 during each of the fiscal years 1997
through 2001.
(4) Non-Federal contributions to project costs for purposes
of computing the Federal matching share under paragraph (3)
of this subsection may include in-kind contributions.
(5) Funds authorized in subsection (h) of this section
shall be maintained in and distributed by the Bureau of
Reclamation in the Department of the Interior.The Bureau of
Reclamation shall not expend more than 5 percent of amounts
appropriated pursuant to subsection (h) for Federal
administration of such appropriations pursuant to this
section.
(6) The Bureau of Reclamation is authorized to provide by
grant to the Working Group not more than 5 percent of funds
appropriated pursuant to subsection (h) of this title for not
more than 50 percent of administrative costs relating to the
implementation of this section.
(7) The Federal agencies with authority and responsibility
in the Deschutes River Basin shall provide technical
assistance to the Working Group and shall designate
representatives to serve as members of the Working Group.
(8) All funding recommendations developed by the Working
Group shall be based on a consensus of the Working Group
members.
(c) Public Notice and Participation.--The Working Group
shall conduct all meetings subject to applicable open meeting
and public participation laws.The activities of the Working
Group and the Federal agencies pursuant to the provisions of
this title are exempt from the provisions of 5 U.S.C. App. 2
1-15.
(d) Priorities.--The Working Group shall give priority to
voluntary market-based economic incentives for ecosystem
restoration including, but not limited to, water leases and
purchases; land leases and purchases; tradable discharge
permits; and acquisition of timber, grazing, and land
development rights to implement plans, programs, measures,
and projects.
(e) Terms and Vacancies.--Members of the Working Group
representing governmental agencies or entities shall be named
by the represented government. Members of the Working Group
representing private interests shall be named in accordance
with the articles of incorporation and bylaws of the Working
Group.Representatives from Federal agencies will serve for
terms of 3 years.Vacancies which occur for any reason after
the date of enactment of this title shall be filled in
accordance with this title.
(f) Additional Projects.--Where existing authority and
appropriations permit, Federal agencies may contribute to the
implementation of projects recommended by the Working Group
and approved by the Secretary.
(g) Rights, Duties and Authorities Unaffected.--The Working
Group will supplement, rather than replace, existing efforts
to manage the natural resources of the Deschutes
Basin.Nothing in this title affects any legal right, duty or
authority of any person or agency, including any member of
the working group.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this title $1,000,000 for
each of fiscal years 1997 through 2001.

SEC. 1028. MOUNT HOOD CORRIDOR LAND EXCHANGE.

(a) Authorization.--Notwithstanding any other law, if
Longview Fibre Company (referred to in this section as
``Longview'') offers and conveys title that is acceptable to
the United States to some or all of the land described in
subsection (b), the Secretary of the Interior (referred to in
this section as the ``Secretary'') shall convey to Longview
title to some or all of the land described in subsection (c),
as necessary to satisfy the requirements of subsection (d).
(b) Land To Be Offered by Longview.--The land referred to
in subsection (a) as the land to be offered by Longview are
those lands depicted on the map entitled ``Mt. Hood Corridor
Land Exchange Map'', dated July 18, 1996.
(c) Land To Be Conveyed by the Secretary.--The land
referred to in subsection (a) as the land to be conveyed by
the Secretary are those lands depicted on the map entitled
``Mt. Hood Corridor Land Exchange Map'', dated July 18, 1996.
(d) Equal Value.--The land and interests in land exchanged
under this section shall be of equal market value as
determined by nationally recognized appraisal standards,
including, to the extent appropriate, the Uniform Standards
for Federal Land Acquisition, the Uniform Standards of
Professional Appraisal Practice, or shall be equalized by way
of payment of cash pursuant to the provisions of section
206(d) of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(d)), and other applicable law.
(e) Redesignation of Land To Maintain Revenue Flow.--So as
to maintain the current flow of revenue from land subject to
the Act entitled ``An Act relating to the revested Oregon and
California Railroad and reconveyed Coos Bay Wagon Road grant
land situated in the State of Oregon'', approved August 28,
1937 (43 U.S.C. 1181a et seq.), the Secretary may redesignate
public domain land located in and west of Range 9 East,
Willamette Meridian, Oregon, as land subject to that Act.
(f) Timetable.--The exchange directed by this section shall
be consummated not later than 1 year after the date of
enactment of this title.
(g) Withdrawal of Lands.--All lands managed by the
Department of the Interior, Bureau of Land Management,
located in Townships 2 and 3 South, Ranges 6 and 7 East,
Willamette Meridian, which can be seen from the right-of-way
of U.S. Highway 26, (in this section, such lands are referred
to as the ``Mt. Hood Corridor Lands"), shall be managed
primarily for the protection or enhancement of scenic
qualities. Management prescriptions for other resource values
associated with these lands shall be planned and conducted
for purposes other than timber harvest, so as not to impair
the scenic qualities of the area.
(h) Timber Cutting.--Timber harvest may be conducted on Mt.
Hood Corridor Lands following a resource-damaging
catastrophic event. Such cutting may only be conducted to
achieve the following resource management objectives, in
compliance with the current land use plans--
(1) to maintain safe conditions for the visiting public;

[[Page H11029]]

(2) to control the continued spread of forest fire;
(3) for activities related to administration of the Mt.
Hood Corridor Lands; or
(4) for removal of hazard trees along trails and roadways.
(i) Road Closure.--The forest road gate located on Forest
Service Road 2503, located in T. 2 S., R. 6 E., sec. 14,
shall remain closed and locked to protect resources and
prevent illegal dumping and vandalism. Access to this road
shall be limited to--
(1) Federal and State officers and employees acting in an
official capacity;
(2) employees and contractors conducting authorized
activities associated with the telecommunication sites
located in T. 2 S., R. 6 E., sec. 14; and
(3) the general public for recreational purposes, except
that all motorized vehicles will be prohibited.
(j) NEPA Exemption.--Notwithstanding any other provision of
law, the National Environmental Policy Act of 1969 (Public
Law 91-190) shall not apply to this section.
(k) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this section.

SEC. 1029. CREATION OF THE COQUILLE FOREST.

The Coquille Restoration Act (Public Law 101-42) is amended
by inserting at the end of section 5 the following:
``(d) Creation of the Coquille Forest.
``(1) Definitions.--In this subsection:
``(A) The term `Coquille Forest' means certain lands in
Coos County, Oregon, comprising approximately 5,400 acres, as
generally depicted on the map entitled `Coquille Forest
Proposal', dated July 8, 1996.
``(B) The term `Secretary' means the Secretary of Interior.
``(C) The term `the Tribe' means the Coquille Tribe of Coos
County, Oregon.
``(2) Map.--The map described in paragraph (1)(A), and such
additional legal descriptions which are applicable, shall be
placed on file at the local District Office of the Bureau of
Land Management, the Agency Office of the Bureau of Indian
Affairs, and with the Senate Committee on Energy and Natural
Resources and the House Committee on Resources.
``(3) Interim period.--From the date of enactment of this
subsection until two years after the date of enactment of
this subsection, the Bureau of Land Management shall--
``(A) retain Federal jurisdiction for the management of
lands designated under this subsection as the Coquille Forest
and continue to distribute revenues from such lands in a
manner consistent with existing law; and
``(B) prior to advertising, offering or awarding any timber
sale contract on lands designated under this subsection as
the Coquille Forest, obtain the approval of the Assistant
Secretary for Indian Affairs, acting on behalf of and in
consultation with the Tribe.
``(4) Transition planning and designation.--
``(A) During the two-year interim period provided for in
paragraph (3), the Assistant Secretary for Indian Affairs,
acting on behalf of and in consultation with Tribe, is
authorized to initiate development of a forest management
plan for the Coquille Forest. The Secretary, acting through
the director of the Bureau of Land Management, shall
cooperate and assist in the development of such plan and in
the transition of forestry management operations for the
Coquille Forest to the Assistant Secretary for Indian
Affairs.
``(B) Two years after the date of enactment of this
subsection, the Secretary shall take the lands identified
under subparagraph (d)(1)(A) into trust, and shall hold such
lands in trust, in perpetuity, for the Coquille Tribe.Such
lands shall be thereafter designated as the Coquille Forest.
``(5) Management.--The Secretary of Interior, acting
through the Assistant Secretary for Indian Affairs shall
manage the Coquille Forest under applicable forestry laws and
in a manner consistent with the standards and guidelines of
Federal forest plans on adjacent or nearby Federal lands. The
Secretary shall otherwise manage the Coquille Forest in
accordance with the laws pertaining to the management of
Indian Trust lands and shall, except as provied in
subparagraph (C), distribute revenues in accordance with PL
101-630, 25 U.S.C. 3107.
``(A) Unprocessed logs harvested from the Coquille Forest
shall be subject to the same Federal statutory restrictions
on export to foreign Nations that apply to unprocessed logs
harvested from Federal lands.
``(B) Notwithstanding any other provision of law, all sales
of timber from land subject to this subsection shall be
advertised, offered and awarded according to competitive
bidding practices, with sales being awarded to the highest
responsible bidder.
``(C) So as to maintain the current flow of revenue from
land subject to the Act entitled ``An Act relating to the
revested Oregon and California Railroad and reconveyed Coos
Bay Wagon Road grant land situated in the State of Oregon''
(the O & C Act), approved August 28, 1937 (43 U.S.C. 1181a et
seq.), the Secretary shall redesignate, from public domain
lands within the Tribe's service area, as defined in this
Act, certain lands to be subject to the O & C Act. Lands
redesignated under this subparagraph shall not exceed lands
sufficient to constitute equivalent timber value as compared
to lands constituting the Coquille Forest.
``(6) Indian self-determination act agreement.--No sooner
than 2 years after the date of enactment of this subsection,
the Secretary may, upon a satisfactory showing of management
competence and pursuant to the Indian Self-Determination Act
(25 U.S.C. 450 et seq.), enter into a binding Indian self-
determination agreement (agreement) with the Coquille Indian
Tribe. Such agreement may provide for the Tribe to carry out
all or a portion of the forest management for the Coquille
Forest.
``(A) Prior to entering such an agreement, and as a
condition of maintaining such an agreement, the Secretary
must find that the Coquille Tribe has entered into a binding
memorandum of agreement (MOA) with the State of Oregon, as
required under paragraph (7), and with the 18 Oregon counties
as required by paragraph (8).
``(B) The authority of the Secretary to rescind the Indian
self-determination agreement shall not be encumbered.
``(i) The Secretary shall rescind the agreement upon a
demonstration that the Tribe and the State of Oregon or the
18 Oregon counties are no longer engaged in a memorandum of
agreement as required under paragraph (7).
``(ii) The Secretary may rescind the agreement on a showing
that the Tribe has managed the Coquille Forest in a manner
inconsistent with this subsection, or the Tribe is no longer
managing, or capable of managing, the Coquille Forest in a
manner consistent with this subsection.
``(7) Memorandum of agreement with oregon.--The Coquille
Tribe shall enter into a memorandum of agreement (MOA) with
the State of Oregon relating to the establishment and
management of the Coquille Forest. The MOA shall include, but
not be limited to, the terms and conditions for managing the
Coquille Forest in a manner consistent with paragraph (5) of
this subsection, preserving public access, advancing jointly-
held resource management goals, achieving tribal restoration
objectives and establishing a coordinated management
framework. Further, provisions set forth in the MOA shall be
consistent with Federal trust responsibility requirements
applicable to Indian trust lands and paragraph (5) of this
subsection.
``(8) Public access.--The Coquille Forest shall remain open
to public access for purposes of hunting, fishing, recreation
and transportation, except when closure is required by state
or Federal law, or when the Coquille Indian Tribe and the
State of Oregon agree in writing that restrictions on access
are necessary or appropriate to prevent harm to natural
resources, cultural resources or environmental quality:
Provided, That the State of Oregon's agreement shall not be
required when immediate action is necessary to protect
archaeological resources.
``(9) Jurisdiction.--
``(A) The United States District Court for the District of
Oregon shall have jurisdiction over actions against the
Secretary arising out of claims that this subsection has been
violated. Consistent with existing precedents on standing to
sue, any affected citizen may bring suit against the
Secretary for violations of this subsection, except that suit
may not be brought against the Secretary for claims that the
MOA has been violated. The court has the authority to hold
unlawful and set aside actions pursuant to this subsection
that are arbitrary and capricious, an abuse of discretion, or
otherwise an abuse of law.
``(B) The United States District Court for the District of
Oregon shall have jurisdiction over actions between the State
of Oregon, or the 18 Oregon counties, and the tribe arising
out of claims of breach of the MOA.
``(C) Unless otherwise provided for by law, remedies
available under this subsection shall be limited to equitable
relief and shall not include damages.
``(10) State regulatory and civil jurisdiction.--In
addition to the jurisdiction described in paragraph (7) of
this subsection, the State of Oregon may exercise exclusive
regulatory civil jurisdiction, including but not limited to
adoption and enforcement of administrative rules and orders,
over the following subjects:
``(A) Management, allocation and administration of fish and
wildlife resources, including but not limited to
establishment and enforcement of hunting and fishing seasons,
bag limits, limits on equipment and methods, issuance of
permits and licenses, and approval or disapproval of
hatcheries, game farms, and other breeding facilities:
Provided, That nothing herein shall be construed to permit
the State of Oregon to manage fish or wildlife habitat on
Coquille Forest lands.
``(B) Allocation and administration of water rights,
appropriation of water and use of water.
``(C) Regulation of boating activities, including equipment
and registration requirements, and protection of the public's
right to use the waterways for purposes of boating or other
navigation.
``(D) Fills and removals from waters of the State, as
defined in Oregon law.
``(E) Protection and management of the State s proprietary
interests in the beds and banks of navigable waterways.
``(F) Regulation of mining, mine reclamation activities,
and exploration and drilling for oil and gas deposits.
``(G) Regulation of water quality, air quality (including
smoke management), solid and hazardous waste, and remediation
of releases of hazardous substances.
``(H) Regulation of the use of herbicides and pesticides.
``(I) Enforcement of public health and safety standards,
including standards for the protection of workers, well
construction and codes governing the construction of bridges,
buildings, and other structures.
``(J) Other subject where State authority is provided for
except that, in the event of a conflict between Federal and
State law under this subsection, Federal law shall control.
``(11) Savings clause; state authority.--
``(A) Nothing in this subsection shall be construed to
grant Tribal authority over private or State-owned lands.
``(B) To the extent that the State of Oregon is regulating
the foregoing areas pursuant to a

[[Page H11030]]

delegated Federal authority or a Federal program, nothing in
this subsection shall be construed to enlarge or diminish the
State's authority under such law.
``(C) Where both the State of Oregon and the United States
are regulating, nothing herein shall be construed to alter
their respective authorities.
``(D) To the extent that Federal law authorizes the
Coquille Indian Tribe to assume regulatory authority over an
area, nothing herein shall be construed to enlarge or
diminish the Tribe's authority to do so under such law.
``(E) Unless and except to the extent that the Tribe has
assumed jurisdiction over the Coquille Forest pursuant to
Federal law, or otherwise with the consent of the State, the
State of Oregon shall have jurisdiction and authority to
enforce its laws addressing the subjects listed in paragraph
(10) of this subsection on the Coquille Forest against the
Coquille Indian Tribe, its members and all other persons and
entities, in the same manner and with the same remedies and
protections and appeal rights as otherwise provided by
general Oregon law. Where the State of Oregon and Coquille
Indian Tribe agree regarding the exercise of tribal civil
regulatory jurisdiction over activities on the Coquille
Forest lands, the tribe may exercise such jurisdiction as is
agreed upon.
``(12) In the event of a conflict between Federal and State
law under this subsection, Federal law shall control.''.

SEC. 1030. BULL RUN PROTECTION.

(a) Amendments to Public Law 95-200.--
(1) The first sentence of section 2(a) of Public Law 95-200
is amended after ``referred to in this subsection (a)'' by
striking ``2(b)'' and inserting in lieu thereof ``2(c)''.
(2) The first sentence of section 2(b) of Public Law 95-200
is amended after ``the policy set forth in subsection (a)''
by inserting ``and (b)''.
(3) Subsection (b) of section 2 of Public Law 95-200 is
redesignated as subsection (c).
(4) Section 2 of Public Law 95-200 is amended by inserting
after subsection (a) the following new subsection:
``(b) Timber Cutting.--
``(1) In general.--Subject to paragraph (2), the Secretary
of Agriculture shall prohibit the cutting of trees in that
part of the unit consisting of the hydrographic boundary of
the Bull Run River Drainage, including certain lands within
the unit and located below the headworks of the city of
Portland, Oregon's water storage and delivery project, and as
depicted in a map dated July 22, 1996 and entitled `Bull Run
River Drainage'.
``(2) Permitted cutting.--
``(A) In general.--Subject to subparagraph (B), the
Secretary of Agriculture shall prohibit the cutting of trees
in the area described in subparagraph (1).
``(B) Permitted cutting.--Subject to subparagraph (C), the
Secretary may only allow the cutting of trees in the area
described in subparagraph (1)--
``(i) for the protection or enhancement of water quality in
the area described in subparagraph (1); or
``(ii) for the protection, enhancement, or maintenance of
water quantity available from the area described in
subparagraph (1); or
``(iii) for the construction, expansion, protection or
maintenance of municipal water supply facilities; or
``(iv) for the construction, expansion, protection or
maintenance of facilities for the transmission of energy
through and over the unit or previously authorized
hydroelectric facilities or hydroelectric projects associated
with municipal water supply facilities.
``(C) Salvage sales.--The Secretary of Agriculture may not
authorize a salvage sale in the area described in
subparagraph (1).''.
[(5) Redesignate subsequent subsections of Public Law 95-
200 accordingly.]
(b) Report to Congress.--The Secretary of Agriculture
shall, in consultation with the city of Portland and other
affected parties, undertake a study of that part of the
Little Sandy Watershed that is within the unit (hereinafter
referred to as the ``study area''). The study shall
determine--
(1) the impact of management activities within the study
area on the quality of drinking water provided to the
Portland Metropolitan area;
(2) the identity and location of certain ecological
features within the study area, including late successional
forest characteristics, aquatic and terrestrial wildlife
habitat, significant hydrological values, or other
outstanding natural features; and
(3) the location and extent of any significant cultural or
other values within the study area.
(c) Recommendations.--The study referred to in subsection
(b) shall include both legislative and regulatory
recommendations to Congress on the future management of the
study area. In formulating such recommendations, the
Secretary shall consult with the city of Portland and other
affected parties.
(d) Existing Data and Processes.--To the greatest extent
possible, the Secretary shall use existing data and processes
to carry out the study and report.
(e) Submission to Congress.--The study referred to in
subsection (b) shall be submitted to the Senate Committees on
Energy and Natural Resources and Agriculture and the House
Committees on Resources and Agriculture not later than one
year from the date of enactment of this section.
(f) Moratorium.--The Secretary is prohibited from
advertising, offering or awarding any timber sale within the
study area for a period of two years after the date of
enactment of this section.
(g) Water Rights.--Nothing in this section shall in any way
affect any State or Federal law governing appropriation, use
of or Federal right to water on or flowing through National
Forest System lands.Nothing in this section is intended to
influence the relative strength of competing claims to the
waters of the Little Sandy River.Nothing in this section
shall be construed to expand or diminish Federal, State, or
local jurisdiction, responsibility, interests, or rights in
water resources development or control, including rights in
and current uses of water resources in the unit.
(h) Other Lands in Unit.--Lands within the Bull Run
Management Unit, as defined in Public Law 95-200, but not
contained within the Bull Run River Drainage, as defined by
this section and as depicted on the map dated July 1996
described in section 604 of this title, shall continue to be
managed in accordance with Public Law 95-200.

SEC. 1031. OREGON ISLANDS WILDERNESS, ADDITIONS.

(a) Designation.--In furtherance of the purposes of the
Wilderness Act of 1964, certain lands within the boundaries
of the Oregon Islands National Wildlife Refuge, Oregon,
comprising approximately 95 acres and as generally depicted
on a map entitled ``Oregon Island Wilderness Additions--
Proposed'' dated August 1996, are hereby designated as
wilderness. The map shall be on file and available for public
inspection in the offices of the Fish and Wildlife Service,
Department of Interior.
(b) Other Areas Within Refuge Boundaries.--All other
federally owned named, unnamed, surveyed and unsurveyed
rocks, reefs, islets and islands lying within three
geographic miles off the coast of Oregon and above mean high
tide, not currently designated as wilderness and also within
the Oregon Islands National Wildlife Refuge boundaries under
the administration of the U.S. Fish and Wildlife Service,
Department of Interior, as designated by Executive Order
7035, Proclamation 2416, Public Land Orders 4395, 4475 and
6287, and Pubic Laws 91-504 and 95-450, are hereby designated
as wilderness.
(c) Areas Under BLM Jurisdiction.--All federally owned
named, unnamed, surveyed and unsurveyed rocks, reefs, islets
and islands lying within three geographic miles off the coast
of Oregon and above mean high tide, and presently under the
jurisdiction of the Bureau of Land Management, except Chiefs
Island, are hereby designated as wilderness, shall become
part of the Oregon Islands National Wildlife Refuge and the
Oregon Islands Wilderness and shall be under the jurisdiction
of the United States Fish and Wildlife Service, Department of
the Interior.
(d) Map and Description.--As soon as practicable after this
Act takes effect, a map of the wilderness area and a
description of its boundaries shall be filed with the Senate
Committee on Energy and Natural Resources and the House
Committee on Resources, and such map shall have the same
force and effect as if included in this section: Provided,
however, That correcting clerical and typographical errors in
the map and land descriptions may be made.
(e) Order 6287.--Public Land Order 6287 of June 16, 1982,
which withdrew certain rocks, reefs, islets, and islands
lying within three geographical miles off the coast of Oregon
and above mean high tide, including the 95 acres described in
subsection (a), as an addition to the Oregon Islands National
Wildlife Refuge is hereby made permanent.

SEC. 1032. UMPQUA RIVER LAND EXCHANGE STUDY: POLICY AND
DIRECTION.

(a) In General.--The Secretaries of the Interior and
Agriculture (Secretaries) are hereby authorized and directed
to consult, coordinate and cooperate with the Umpqua Land
Exchange Project (ULEP), affected units and agencies of State
and local government, and, as appropriate, the World Forestry
Center and National Fish and Wildlife Foundation, to assist
ULEP's ongoing efforts in studying and analyzing land
exchange opportunities in the Umpqua River basin and to
provide scientific, technical, research, mapping and other
assistance and information to such entities. Such
consultation, coordination and cooperation shall at a minimum
include, but not be limited to--
(1) working with ULEP to develop or assemble comprehensive
scientific and other information (including comprehensive and
integrated mapping) concerning the Umpqua River basin's
resources of forest, plants, wildlife, fisheries (anadromous
and other), recreational opportunities, wetlands, riparian
habitat and other physical or natural resources;
(2) working with ULEP to identify general or specific areas
within the basin where land exchanges could promote
consolidation of forestland ownership for long-term,
sustained timber production; protection and restoration of
habitat for plants, fish and wildlife (including any
federally listed threatened or endangered species);
protection of drinking water supplies; recovery of threatened
and endangered species; protection and restoration of
wetlands, riparian lands and other environmentally sensitive
areas; consolidation of land ownership for improved public
access and a broad array of recreational uses; and
consolidation of land ownership to achieve management
efficiency and reduced costs of administration; and
(3) developing a joint report for submission to the
Congress which discusses land exchange opportunities in the
basin and outlines either a specific land exchange proposal
or proposals which may merit consideration by the Secretaries
or the Congress, or ideas and recommendations for new
authorizations, direction, or changes in existing law or
policy to expedite and facilitate the consummation of
beneficial land exchanges in the basin via administrative
means.
(b) Matters for Specific Study.--In analyzing land exchange
opportunities with ULEP, the Secretaries shall give priority
to assisting ULEP's ongoing efforts in:
(1) studying, identifying, and mapping areas where the
consolidation of land ownership via

[[Page H11031]]

land exchanges could promote the goals of long term species
and watershed protection and utilization, including but not
limited to the goals of the Endangered Species Act of 1973
more effectively than current land ownership patterns and
whether any changes in law or policy applicable to such lands
after consummation of an exchange would be advisable or
necessary to achieve such goals;
(2) studying, identifying and mapping areas where land
exchanges might be utilized to better satisfy the goals of
sustainable timber harvest, including studying whether
changes in existing law or policy applicable to such lands
after consummation of an exchange would be advisable or
necessary to achieve such goals;
(3) identifying issues and studying options and
alternatives, including possible changes in existing law or
policy, to insure that combined post-exchange revenues to
units of local government from state and local property,
severance and other taxes or levies and shared Federal land
receipts will approximate pre-exchange revenues;
(4) identifying issues and studying whether possible
changes in law, special appraisal instruction, or changes in
certain Federal appraisal procedures might be advisable or
necessary to facilitate the appraisal of potential exchange
lands which may have special characteristics or restrictions
affecting land values;
(5) identifying issues and studying options and
alternatives, including changes in existing laws or policy,
for achieving land exchanges without reducing the net supply
of timber available to small business;
(6) identifying, mapping, and recommending potential
changes in land use plans, land classifications, or other
actions which might be advisable or necessary to expedite,
facilitate or consummate land exchanges in certain areas;
(7) analyzing potential sources for new or enhanced
Federal, State, or other funding to promote improved resource
protection, species recovery, and management in the basin;
and
(8) identifying and analyzing whether increased efficiency
and better land and resource management could occur through
either consolidation of Federal forest management under one
agency or exchange of lands between the Forest Service and
Bureau of Land Management.
(c) Report to Congress.--No later than February 1, 1998,
ULEP and the Secretaries shall submit a joint report to the
Committee on Resources of the United States House of
Representatives and to the Committee on Energy and Natural
Resources of the United States Senate concerning their
studies, findings, recommendations, mapping and other
activities conducted pursuant to this section.
(d) Authorization of Appropriations.--In furtherance of the
purposes of this section, there is hereby authorized to be
appropriated the sum of $2,000,000, to remain available until
expended.

SEC. 1033. BOSTON HARBOR ISLANDS RECREATION AREA.

(a) Purposes.--The purposes of this section are--
(1) to preserve for public use and enjoyment the lands and
waters that comprise the Boston Harbor Islands National
Recreation Area;
(2) to manage the recreation area in partnership with the
private sector, the Commonwealth of Massachusetts,
municipalities surrounding Massachusetts and Cape Cod Bays,
the Thompson Island Outward Bound Education Center, and
Trustees of Reservations, and with historical, business,
cultural, civic, recreational and tourism organizations;
(3) to improve access to the Boston Harbor Islands through
the use of public water transportation; and
(4) to provide education and visitor information programs
to increase public understanding of and appreciation for the
natural and cultural resources of the Boston Harbor Islands,
including the history of Native American use and involvement.
(b) Definitions.--For the purposes of this section--
(1) the term recreation area means the Boston Harbor
Islands National Recreation Area established by subsection
(c); and
(2) the term ``Secretary'' means the Secretary of the
Interior.
(c) Boston Harbor Islands National Recreation Area.--
(1) Establishment.--In order to preserve for the benefit
and inspiration of the people of the United States as a
national recreation area certain lands located in
Massachusetts Bay, there is established as a unit of the
National Park System the Boston Harbor Islands National
Recreation Area.
(2) Boundaries.--(A) The recreation area shall be comprised
of the lands, waters, and submerged lands generally depicted
on the map entitled ``Proposed Boston Harbor Islands NRA'',
numbered BOHA 80002, and dated September 1996. Such map shall
be on file and available for public inspection in the
appropriate offices of the National Park Service. Alter
advising the Committee on Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate, in writing, the Secretary may make
minor revisions of the boundaries of the recreation area when
necessary by publication of a revised drawing or other
boundary description in the Federal Register.
(B) The recreation area shall include the following:
(i) The areas depicted on the map referenced in
subparagraph (A).
(ii) Landside points required for access, visitor services,
and administration in the city of Boston along its Harborwalk
and at Long Wharf, Fan Pier, John F. Kennedy Library, and the
Custom House; Charlestown Navy Yard; Old Northern Avenue
Bridge; the city of Quincy at Squantum Point/Marina Bay, the
Fore River Shipyard, and Town River; the Town of Hingham at
Hewitt's Cove; the Town of Hull; the city of Salem at Salem
National Historic Site; and the city of Lynn at the Heritage
State Park.
(d) Administration of Recreation Area.--
(1) In general.--The recreation area shall be administered
in partnership by the Secretary, the Commonwealth of
Massachusetts, City of Boston and its applicable subdivisions
and others in accordance with the provisions of law generally
applicable to units of the National Park System, including
the Act entitled ``An Act to establish a National Park
Service, and for other purposes'', approved August 25, 1916
(39 Stat. 535; 16 U.S.C. 1, 2, 3, and 4), and the Act of
August 21, 1935 (49 Stat. 666; 16 U.S.C. 461-467) as amended
and supplemented and in accordance with the integrated
management plan specified in subsection (f).
(2) State and local jurisdiction.--Nothing in this section
shall be construed to diminish, enlarge, or modify any right
of the Commonwealth of Massachusetts or any political
subdivision thereof, to exercise civil and criminal
jurisdiction or to carry out State laws, rules, and
regulations within the recreation area, including those
relating to fish and wildlife, or to tax persons,
corporations, franchises, or private property on the lands
and waters included in the recreation area.
(3) Cooperative agreements.--The Secretary may consult and
enter into cooperative agreements with the Commonwealth of
Massachusetts or its political subdivisions to acquire from
and provide to the Commonwealth or its political subdivisions
goods and services to be used in the cooperative management
of lands within the recreation area, if the Secretary
determines that appropriations for that purpose are available
and the agreement is in the best interest of the United
States.
(4) Construction of facilities on non-Federal lands.--In
order to facilitate the administration of the recreation
area, the Secretary is authorized, subject to the
appropriation of necessary funds in advance, to construct
essential administrative or visitor use facilities on non-
Federal public lands within the recreation area. Such
facilities and the use thereof shall be in conformance with
applicable plans.
(5) Other property, funds, and services.--The Secretary may
accept and use donated funds, property, and services to carry
out this section.
(6) Relationship of recreation area to boston-logan
international airport.--With respect to the recreation area,
the present and future maintenance, operation, improvement
and use of Boston-Logan International Airport and associated
flight patterns from time to time in effect shall not be
deemed to constitute the use of publicly owned land of a
public park, recreation area, or other resource within the
meaning of section 303(c) of title 49, United States Code,
and shall not be deemed to have a significant effect on
natural, scenic, and recreation assets within the meaning of
section 47101(h)(2) of title 49, United States Code.
(7) Management in accordance with integrated management
plan.--The Secretary shall preserve, interpret, manage, and
provide educational and recreational uses for the recreation
area, in consultation with the owners and managers of lands
in the recreation area, in accordance with the integrated
management plan.
(e) Boston Harbor Islands Partnership Establishment.--
(1) Establishment.--There is hereby established the Boston
Harbor Islands Partnership whose purpose shall be to
coordinate the activities of Federal, State, and local
authorities and the private sector in the development and
implementation of an integrated resource management plan for
the recreation area.
(2) Membership.--The Partnership shall be composed of 13
members, as follows:
(A) One individual appointed by the Secretary, to represent
the National Park Service.
(B) One individual, appointed by the Secretary of
Transportation, to represent the United States Coast Guard.
(C) Two individuals, appointed by the Secretary, after
consideration of recommendations by the Governor of
Massachusetts, to represent the Department of Environmental
Management and the Metropolitan District Commission.
(D) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent
the Massachusetts Port Authority.
(E) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent
the Massachusetts Water Resources Authority.
(F) One individual, appointed by the Secretary, after
consideration of recommendations by the Mayor of Boston, to
represent the Office of Environmental Services of the city of
Boston.
(G) One individual, appointed by the Secretary, after
consideration of recommendations by the Chair, to represent
the Boston Redevelopment Authority.
(H) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the
Thompson Island Outward Bound Education Center, to represent
the Center.
(I) One individual, appointed by the Secretary, after
consideration of recommendations of the Chair, to represent
the Trustees of Reservations.
(J) One individual, appointed by the Secretary, after
consideration of recommendations of the President of the
Island Alliance, to represent the Alliance, a non-profit
organization whose sole purpose is to provide financial
support for the Boston Harbor Islands National Recreation
Area.
(K) Two individuals, appointed by the Secretary, to
represent the Boston Harbor Islands Advisory Council,
established in subsection (g).
(3) Terms of office; reappointment.--(A) Members of the
Partnership shall serve for terms

[[Page H11032]]

of three years. Any member may be reappointed for one
additional 3-year term.
(B) The Secretary shall appoint the first members of the
Partnership within 30 days after the date on which the
Secretary has received all of the recommendations for
appointment pursuant to subsections (b)(3), (4), (5), (6),
(7), (8), (9), and (10).
(C) A member may serve after the expiration of his or her
term until a successor has been appointed.
(4) Compensation.--Members of the Partnership shall serve
without pay, but while away from their homes or regular
places of business in the performance of services for the
Partnership, members shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service
are allowed expenses under section 5703 of title 5, United
States Code.
(5) Election of officers.--The Partnership shall elect one
of its members as Chairperson and one as Vice Chairperson.
The term of office of the Chairperson and Vice Chairperson
shall be one year. The Vice Chairperson shall serve as
chairperson in the absence of the Chairperson.
(6) Vacancy.--Any vacancy on the Partnership shall be
filled in the same manner in which the original appointment
was made.
(7) Meetings.--The Partnership shall meet at the call of
the Chairperson or a majority of its members.
(8) Quorum.--A majority of the Partnership shall constitute
a quorum.
(9) Staff of the partnership.--The Secretary shall provide
the Partnership with such staff and technical assistance as
the Secretary, after consultation with the Partnership,
considers appropriate to enable the Partnership to carry out
its duties. The Secretary may accept the services of
personnel detailed from the Commonwealth of Massachusetts,
any political subdivision of the Commonwealth or any entity
represented on the Partnership.
(10) Hearings.--The Partnership may hold such hearings, sit
and act at such times and places, take such testimony, and
receive such evidence as the Partnership may deem
appropriate.
(11) Donations.--Notwithstanding any other provision of
law, the Partnership may seek and accept donations of funds,
property, or services from individuals, foundations,
corporations, and other private and public entities for the
purpose of carrying out this section.
(12) Use of funds to obtain money.--The Partnership may use
its funds to obtain money from any source under any program
or law requiring the recipient of such money to make a
contribution in order to receive such money.
(13) Mails.--The Partnership may use the United States
mails in the same manner and upon the same conditions as
other departments and agencies of the United States.
(14) Obtaining property.--The Partnership may obtain by
purchase, rental, donation, or otherwise, such property,
facilities, and services as may be needed to carry out its
duties, except that the Partnership may not acquire any real
property or Interest in real property.
(15) Cooperative agreements.--For purposes of carrying out
the plan described in subsection (f), the Partnership may
enter into cooperative agreements with the Commonwealth of
Massachusetts, any political subdivision thereof, or with any
organization or person.
(f) Integrated Resource Management Plan.--
(1) In general.--Within three years after the date of
enactment of this Act, the Partnership shall submit to the
Secretary a management plan for the recreation area to be
developed and implemented by the Partnership.
(2) Contents of plan.--The plan shall include (but not be
limited to) each of the following:
(A) A program providing for coordinated administration of
the recreation area with proposed assignment of
responsibilities to the appropriate governmental unit at the
Federal, State, and local levels, and non-profit
organizations, including each of the following:
(i) A plan to finance and support the public improvements
and services recommended in the plan, including allocation of
non-Federal matching requirements set forth in subsection
(h)(2) and a delineation of private sector roles and
responsibilities.
(ii) A program for the coordination and consolidation, to
the extent feasible, of activities that may be carried out by
Federal, State, and local agencies having jurisdiction over
land and waters within the recreation area, including
planning and regulatory responsibilities.
(B) Policies and programs for the following purposes:
(i) Enhancing public outdoor recreational opportunities in
the recreation area.
(ii) Conserving, protecting and maintaining the scenic,
historical, cultural, natural and scientific values of the
islands.
(iii) Developing educational opportunities in the
recreation area.
(iv) Enhancing public access to the Is lands, including
development of transportation networks.
(v) Identifying potential sources of revenue from programs
or activities carried out within the recreation area.
(vi) Protecting and preserving Native American burial
grounds connected with the King Philip's War internment
period and other periods.
(C) A policy statement that recognizes existing economic
activities within the recreation area.
(3) Development of plan.--In developing the plan, the
Partnership shall--
(A) consult on a regular basis with appropriate officials
of any local government or Federal or State agency which has
jurisdiction over lands and waters within the recreation
area;
(B) consult with interested conservation, business,
professional, and citizen organizations; and
(C) conduct public hearings or meetings for the purposes of
providing interested persons with the opportunity to testify
with respect to matters to be addressed by the plan.
(4) Approval of plan.--(A) The Partnership shall submit the
plan to the Governor of Massachusetts for review. The
Governor shall have 90 days to review and make any
recommendations. After considering the Governor's
recommendations, the Partnership shall submit the plan to the
Secretary, who shall approve or disapprove the plan within 90
days. In reviewing the plan the Secretary shall consider each
of the following:
(i) The adequacy of public participation.
(ii) Assurances of plan implementation from State and local
officials.
(iii) The adequacy of regulatory and financial tools that
are in place to implement the plan.
(B) If the Secretary disapproves the plan, the Secretary
shall within 60 days after the date of such disapproval,
advise the Partnership in writing of the reasons therefore,
together with recommendations for revision. Within 90 days of
receipt of such notice of disapproval, the Partnership shall
revise and resubmit the plan to the Secretary who shall
approve or disapprove the revision within 60 days.
(5) Interim program.--Prior to adoption of the
Partnership's plan, the Secretary and the Partnership shall
assist the owners and managers of lands and waters within the
recreation area to ensure that existing programs, services,
and activities that promote the purposes of this section are
supported.
(g) Boston Harbor Islands Advisory Council.--
(1) Establishment.--The Secretary, acting through the
Director of the National Park Service, shall establish an
advisory committee to be known as the Boston Harbor Islands
Advisory Council. The purpose of the Advisory Council shall
be to represent various groups with interests in the
recreation area and make recommendations to the Boston Harbor
Islands Partnership on issues related to the development and
implementation of the integrated resource management plan
developed under subsection (f). The Advisory Council is
encouraged to establish committees relating to specific
recreation area management issues, including (but not limited
to) education, tourism, transportation, natural resources,
cultural and historic resources, and revenue raising
activities. Participation on any such committee shall not be
limited to members of the Advisory Council.
(2) Membership.--The Advisory Council shall consist of not
fewer than 15 individuals, to be appointed by the Secretary,
acting through the Director of the National Park Service. The
Secretary shall appoint no fewer than three individuals to
represent each of the following categories of entities:
municipalities; educational and cultural institutions;
environmental organizations; business and commercial
entities, including those related to transportation, tourism
and the maritime industry; and Boston Harbor-related advocacy
organizations; and organizations representing Native American
interests.
(3) Procedures.--Each meeting of the Advisory Council and
its committees shall be open to the public.
(4) FACA.--The provisions of section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.), are hereby waived
with respect to the Advisory Council.
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
such sums as may be necessary to carry out this section,
provided that no funds may be appropriated for land
acquisition.
(2) Matching requirement.--Amounts appropriated in any
fiscal year to carry out this section may only be expended on
a matching basis in a ration of at least three non-Federal
dollars to every Federal dollar. The non-Federal share of the
match may be in the form of cash, services, or in-kind
contributions, fairly valued.

SEC. 1034. NATCHEZ NATIONAL HISTORICAL PARK.

Section 3 of the Act of October 8, 1988, entitled ``An Act
to create a national park at Natchez, Mississippi'' (16
U.S.C. 410oo et seq.), is amended--
(1) by inserting ``(a) In General.--'' after ``Sec. 3.'';
and
(2) by adding at the end the following:
``(b) Building for Joint Use by the Secretary and the City
of Natchez.--
``(1) Contribution toward construction.--The Secretary
shall enter into an agreement with the city of Natchez under
which the Secretary agrees to pay not to exceed $3,000,000
toward the planning and construction by the city of Natchez
of a structure to be partially used by the Secretary as an
administrative headquarters, administrative site, and
visitors' center for Natchez National Historical Park.
``(2) Use for satisfaction of matching requirements.--The
amount of payment under paragraph (1) may be available for
matching Federal grants authorized under other law
notwithstanding any limitations in any such law.
``(3) Agreement.--Prior to the execution of an agreement
under paragraph (1), and subject to the appropriation of
necessary funds in advance, the Secretary shall enter into a
contract, lease, cooperative agreement, or other appropriate
form of agreement with the city of Natchez providing for the
use and occupancy of a portion of the structure constructed
under paragraph (1) (including appropriate use of the land on
which it is situated), at no cost to the Secretary (except
maintenance, utility, and other operational costs), for a
period of 50 years, with an option for renewal by the
Secretary for an additional 50 years.
``(4) Authorization of appropriations.--There is authorized
to be appropriated $3,000,000 to carry out this
subsection.''.

[[Page H11033]]

SEC. 1035. SUBSTITUTION OF TIMBER FOR CANCELED TIMBER SALE.

(a) In General.--Notwithstanding the provisions of the Act
of July 31, 1947 (30 U.S.C. 601 et seq.), and the
requirements of section 5402.0-6 of title 43, Code of Federal
Regulations, the Secretary of the Interior, acting through
the Bureau of Land Management, is authorized to substitute,
without competition, a contract for timber identified for
harvest located on public lands administered by the Bureau of
Land Management in the State of California of comparable
value for the following terminated timber contract: Elkhorn
Ridge Timber Sale, Contract No. CA-050-TS-88-01.
(b) Disclaimer.--Nothing in this section shall be construed
as changing any law or policy of the Federal Government
beyond the timber sale substitution specified in this
section.

SEC. 1036. RURAL ELECTRIC AND TELEPHONE FACILITIES.

(a) In General.--Section 504(g) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1764(g)) is amended by
striking ``financed pursuant to the Rural Electrification Act
of 1936, as amended,'' in the last sentence and inserting
``eligible for financing pursuant to the Rural
Electrification Act of 1936, as amended, determined without
regard to any application requirement under that Act,''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to rights-of-way leases held on or
after the date of enactment of this Act.

SEC. 1037. FEDERAL BOROUGH RECOGNITION.

(a) Section 6901(2) of title 31, United States Code, is
amended to read as follows:
``(2)(A) `unit of general local government' means--
``(i) a county (or parish), township, borough, or city
where the city is independent of any other unit of general
local government, that--
``(I) is within the class or classes of such political
subdivision in a State that the Secretary of the Interior, in
his discretion, determines to be the principal provider or
providers of governmental services within the State; and
``(II) is a unit of general government, as determined by
the Secretary of the Interior on the basis of the same
principles as were used by the Secretary of Commerce on
January 1, 1983, for general statistical purposes;
``(ii) any area in Alaska that is within the boundaries of
a census area used by the Secretary of Commerce in the
decennial census, but that is not included within the
boundary of a governmental entity described under clause (i);
``(iii) the District of Columbia;
``(iv) the Commonwealth of Puerto Rico;
``(v) Guam; and
``(vi) the Virgin Islands.
``(B) the term `governmental services' includes, but is not
limited to, those services that relate to public safety, the
environment, housing, social services, transportation, and
governmental administration.''.
(b) Payment in Lieu of Taxes.--Section 6902(a) of title 31,
United States Code, is amended to read as follows:
``(a)(1) Except as provided in paragraph (2), the Secretary
of the Interior shall make a payment for each fiscal year to
each unit of general local government in which entitlement
land is located as set forth in this chapter. A unit of
general local government may use the payment for any
governmental purpose.
``(2) For each unit of general local government described
in section 6901(2)(A)(ii), the Secretary of the Interior
shall make a payment for each fiscal year to the State of
Alaska for entitlement land located within such unit as set
forth in this chapter. The State of Alaska shall distribute
such payment to home rule cities and general law cities (as
such cities are defined by the State) located within the
boundaries of the unit of general local government for which
the payment was received. Such cities may use monies received
under this paragraph for any governmental purpose.''.

SEC. 1038. ALTERNATIVE PROCESSING.

The Secretary of Agriculture shall not terminate or
otherwise interfere with the purchaser's operations under
Forest Service Timber Contract A10fs-1042 for failure to
operate a pulp mill and such failure shall not prejudice any
other contract dispute currently under appeal or in
litigation.

SEC. 1039. VILLAGE LAND NEGOTIATION.

(a) Negotiations.--The Secretary of the Interior shall
negotiate with the Alaska Native Village Corporations of
Tyonek Native Corporation, Ninilchik Native Association Inc.,
Knikatnu Inc., Seldovia Native Association Inc., Chikaloon
Moose Creek Native Association, Inc. and the Alaska Native
Regional Corporation, Cook Inlet Region, Inc. (CIRI) for the
purpose of finalizing conveyance to the affected village
corporation of the high priority lands or, in the case of
CIRI, subsurface estate underlying lands described in
``Appendix C'' of the Deficiency Agreement dated August 31,
1976, pursuant to Public Law 94-456 or such alternative lands
or other consideration as the village corporation, CIRI and
the Secretary may agree upon.
(b) Report to Committees.--The Secretary shall report to
the Committee on Energy and Natural Resources of the United
States Senate and the Committee on Resources of the United
States House of Representatives by March 1, 1997, the result
of those negotiations.
(c) Statute of Limitations.--
(1) If the Secretary is unable to reach an agreement with
the affected corporation on conveyance of the lands described
in paragraph (1) or alternative consideration by March 1,
1997, the affected corporation or corporations may commence
litigation at any time within 12 months of enactment of this
Act in Federal District Court for Alaska to challenge any
determination by the Department of the Interior that the
Native Corporations will not receive conveyance of lands
described in ``Appendix C'' of the Deficiency Agreement.
(2) If such litigation is commenced, trial de novo to the
Federal District Court for Alaska shall be held and the
Deficiency Agreement shall be construed as an agreement for
the benefit of Alaska Natives as Native Americans consistent
with the Federal trust responsibilities.

SEC. 1040. UNRECOGNIZED COMMUNITIES IN SOUTHEAST ALASKA.

(a) Establishment of Additional Native Corporations in
Southeast Alaska.--(1) Section 14(h) of the Alaska Native
Claims Settlement Act (43 U.S.C. 1613(h)), hereinafter in
this section referred to as the ``Act'') is amended by adding
at the end the following new paragraph:
``(12)(A) The Native residents of each of the Native
Villages of Haines, Ketchikan, Petersburg and Wrangell,
Alaska, may organize as an Urban Corporation.
``(B) The Native residents of the Native Village of
Tenakee, Alaska, may organize as a Group Corporation.
``(C) Nothing in this paragraph shall affect existing
entitlement to land of any Native Corporation pursuant to
this Act or any other provision of law.''.
(2) Notwithstanding any other provision of the Act, nothing
in this section shall create any entitlement to Federal lands
for an urban or group corporation organized pursuant to
paragraph (1) without further Act of Congress.
(b) Distribution Rights.--Section 7 of the Alaska Native
Claims Settlement Act is amended by adding at the end of
subsection (j) the following new sentence: ``Native members
of the communities of Haines, Ketchikan, Petersburg, Tenakee,
and Wrangell who are shareholders of Sealaska Corporation and
who become shareholders in an Urban or Group Corporation for
such a community shall continue to be eligible to receive
distributions under this subsection as at-large shareholders
of Sealaska Corporation.''.
(c) Planning Grants.--The Native Corporation for the
communities of Haines, Ketchikan, Petersburg, Tenakee, and
Wrangell are authorized to receive grants in the amount of
$250,000 to each such corporation, to be used only for
planning, development, and other purposes for which Native
Corporations are organized under this section.
(d) Consideration of Recommendations.--(1) In developing
the Tongass Land Management Plan, the Secretary of
Agriculture shall, after consultation with the Southeast
Alaska Landless Coalition, Sealaska Corporation, the Urban
Corporations for the Native communities of Haines, Ketchikan,
Petersburg, and Wrangell, and the Group Corporation for the
Native Community of Tenakee (hereinafter collectively
referred to as ``Southeast Native Corporations''), take into
account the establishment of additional Native Corporations
under section 14(h)(12) of the Act, as amended by this
section.
(2) In meeting the requirements set forth in paragraph (1),
the Secretary shall fully consider and analyze all
recommendations by the Southeast Native Corporations.
(3) Within 9 months following the enactment of this
section, the Secretary shall submit a report to Congress
setting forth an analysis of the impact that establishment of
the Native Corporations under section 14(h)(12) of the Act,
as amended by this section, will have on the Tongass Land
Management Plan.
(4) The Tongass Land Management Plan shall incorporate all
appropriate recommendations from the Southeast Native
Corporations.
(e) Miscellaneous Provision.--No provision of this section
shall affect the ratio for determination of distribution of
revenues among the Regional Corporations under section 7(i)
of the Act and the 1982 section 7(i) Settlement Agreement
among the Regional Corporations or among Village Corporations
under section 7(j) of the Act.

SEC. 1041. CONVEYANCE TO GROSS BROTHERS.

(a) In General.--The Secretary of Agriculture shall--
(1) survey certain real property located in Tongass
National Forest and described in subsection (b); and
(2) convey all right, title, and interest of the United
States, subject to valid existing rights, in and to the
property, to Danial J. Gross, Sr., and Douglas K. Gross of
Wrangell Alaska.
(b) Description.--The real property referred to in
subsection (a)--
(1) consists of approximately 160.8 acres;
(2) is located at Green Point on the Stikine River in
Alaska; and
(3) has the legal description T61S R84E S31, NE1/4, NW1/4
and NW1/4, NE1/4, Copper River Meridian.

SEC. 1042. REGULATION OF FISHING IN CERTAIN WATERS OF ALASKA.

(a) In General.--Local residents who are descendants of
Katmai residents who lived in the Naknek Lake and River
Drainage shall be permitted, subject to reasonable
regulations established by the Secretary of the Interior, to
continue their traditional fishery for red fish within Katmai
National Park (the national park and national preserve
redesignated, established, and expanded under section 202(2)
of the Alaska National Interest Lands Conservation Act (16
U.S.C. 410hh-1)).
(b) Red Fish Defined.--For the purposes of subsection (a),
the term ``red fish'' means spawned-out sockeye salmon that
has no significant commercial value.
(c) Title.--No provision of this section shall be construed
to invalidate or validate or in any other way affect any
claim by the State of Alaska to title to any or all submerged
lands, nor shall any actions taken pursuant to or in
accordance with this Act operate under any provision or
principle of the law to bar the State of Alaska from
asserting at any time its claim of title to any or all of the
submerged lands.

[[Page H11034]]

(d) Jurisdiction.--Nothing in this section nor in any
actions taken pursuant to this section shall be construed as
expanding or diminishing Federal or State jurisdiction,
responsibility, interests, or rights in management,
regulation, or control over waters of the State of Alaska or
submerged lands under any provision of Federal or State law.

SEC. 1043. CREDIT FOR RECONVEYANCE.

Within 24 months after the date of the enactment of this
Act, the Cape Fox Corporation may transfer all or part of its
right, title, and interest in and to the approximately 320-
acre parcel that includes Beaver Falls Hydroelectric power-
house site to the United States. In exchange for the
transfer, the acreage entitlement of the Cape Fox Corporation
shall be credited in the amount of the number of acres
returned to the United States under this section.

SEC. 1044. RADIO SITE REPORT.

The Secretary of Agriculture (1) shall have a period of 180
days from the date of enactment of this Act to review
management of Inspiration Point, San Bernadino National
Forest, make a determination whether the continued presence
of the KATY-FM antenna on the site is in the public interest,
and report the determination with the reasons therefor to the
Committee on Energy and Natural Resources, United States
Senate, and the Committee on Resources, House of
Representatives, and (2) shall take no action within such
period which causes or results in, directly or indirectly,
the removal of the antenna from the site.

SEC. 1045. MANAGEMENT OF EXISTING DAMS AND WEIRS.

With respect to the Emigrant Wilderness in the Stanislaus
National Forest, California, as designated by section 2(b) of
Public Law 93-632 (88 Stat. 2154; 16 U.S.C. 1132 note), the
Secretary of Agriculture shall retain and maintain the 18
concrete dams and weirs that were located within the
boundaries of the Emigrant Wilderness on the date of the
enactment of such Public Law, January 3, 1975. If personnel
of the Forest Service are unavailable to perform the
maintenance of the dams and weirs, or to supplement the
maintenance activities of Forest Service personnel, the
Secretary shall contract with other persons to perform the
maintenance at Government expense or permit other persons to
perform the maintenance at private expense.

SEC. 1046. UNIVERSITY OF ALASKA LAND NEGOTIATION.

(a) Subject to valid existing rights and the conditions set
forth in this legislation, the Secretary of the Interior is
authorized to convey to the University of Alaska, as a grant
and in fee simple, a basic Federal entitlement of 350,000
acres of Federal lands in Alaska.
(b) The University of Alaska may submit to the Secretary a
list of properties the university has selected to receive
under the conditions of this grant. The university may submit
selections that exceed the basic entitlement, except that
such selections shall not exceed 385,000 acres.
(c) The Secretary shall not approve or convey, under this
grant--
(1) any Federal lands which, at the time of enactment of
this Act, are included in a Conservation System Unit as
defined in the Alaska National Interests Lands Conservation
Act or a National Forest.
(2) any Federal lands validly selected but not conveyed to
the State of Alaska or the corporations organized pursuant to
the Alaska Native Claims Settlement Act.
(d) Lands shall be conveyed to the university only to the
extent that the State of Alaska conveys, or has conveyed an
equivalent amount of acreage to the university subsequent to
enactment of this Act.
TITLE XI--CALIFORNIA BAY DELTA ENVIRONMENTAL ENHANCEMENT

SEC. 1101. PROGRAM FUNDING.

(a) Authorization of Appropriations.--For each of the
fiscal years 1998, 1999, and 2000, there are authorized to be
appropriated an additional $143,300,000 for both--
(1) the initial Federal share of the cost of developing and
implementing that portion of an ecosystem protection plan for
the Bay-Delta, referred to as ``the Category III program''
emanating out of the document entitled ``Principles for
Agreement on Bay-Delta Standards Between the State of
California and the Federal Government'', dated December 15,
1994, and
(2) the initial Federal share of the cost of developing and
implementing the ecosystem restoration elements of the long-
term CALFED Bay-Delta Program, pursuant to the cost sharing
agreement required by section 78684.10 of California Senate
Bill 900, Chapter 135, Statutes of 1996, signed by the
Governor of California on July 11, 1996.

Funds appropriated pursuant to this section shall remain
available until expended and shall be administered in
accordance with procedures established by CALFED Bay-Delta
Program until Congress authorizes another entity that is
recommended by CALFED Bay-Delta Program to carry out this
section.
(b) Treatment of Funds.--Funds authorized to be
appropriated pursuant to this section to those agencies that
are currently or subsequently become participants in the
CALFED Bay-Delta Program shall be in addition to the baseline
funding levels established pursuant to subsection (e), for
currently authorized projects and programs under the Central
Valley Project Improvement Act (title XXXIV of of Public Law
102-575) and other currently authorized Federal programs for
the purpose of Bay-Delta ecosystem protection and
restoration.
(c) Long-term Solution.--Nothing in this section shall be
deemed to diminish the Federal interest in and responsibility
for working with the State of California through the CALFED
Bay-Delta Program in developing, funding, and implementing a
balanced, long-term solution to the problems of ecosystem
quality, water quality, water supply and reliability, and
system vulnerability affecting the San Francisco Bay/
Sacramento-San Joaquin Delta Watershed in California.
Participation in such long term solution shall only be
undertaken pursuant to authorization provided by law other
than this section, and shall be based on the equitable
allocation of program costs among beneficiary groups that the
CALFED Bay-Delta programs shall develop.
(d) Activities.--To the extent not otherwise authorized,
those agencies and departments that are currently or
subsequently become participants in the CALFED Bay-Delta
Program are hereby authorized to undertake the activities and
programs for which Federal cost sharing is provided by this
section. The United States shall immediately initiate
coordinated consultations and negotiations with the State of
California to expeditiously execute the cost-sharing
agreement required by section 78684.10 of California Senate
Bill 900, Chapter 135, Statutes of 1996, signed by the
Governor of California on July 11, 1996. Such activities
shall include, but not be limited to, planning, design,
technical assistance, and construction for ecosystem
restoration programs and projects.
(e) Budget Crosscut.--The Office of Management and Budget
is directed to submit to the House and Senate Committees on
Appropriations, as part of the President's Fiscal Year 1998
Budget, an interagency budget crosscut that displays Federal
spending for fiscal years 1993 through 1998 on ecosystem
restoration and other purposes in the Bay-Delta region,
separately showing funding provided previously or requested
under both pre-existing authorities and new authorities
granted by this section.
(f) Effective Date.--Subsections (a) through (d) of this
section shall take effect on the date of passage of
California State Proposition 204.
And the Senate agree to the same.

Don Young,
James V. Hansen,
Wayne Allard,
J.D. Hayworth,
Barbara Cubin,
Managers on the Part of the House.

Frank H. Murkowski,
Pete V. Domenici,
Don Nickles,
J. Bennett Johnston,
Managers on the Part of the Senate.

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE OF CONFERENCE

The Managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the
amendment of the Senate to the bill (H.R. 1296), to provide
for the administration of certain Presidio properties at
minimal cost to the Federal taxpayer, submit the following
joint statement to the House and the Senate in explanation of
the effect of the action agreed upon by the managers and
recommended in the accompanying conference report:
The Senate amendment struck all of the House bill after the
enacting clause and inserted a substitute text.
The House recedes from its disagreement to the amendment of
the Senate with an amendment that is a substitute for the
House bill and the Senate amendment.

Title I: Presidio of San Francisco

Title I is very similar to H.R. 1296 passed by the House
and described in House Report 104-202. The Managers have made
a number of relatively small refinements to the language as
passed.
Perhaps most importantly, the Managers have clarified that
all lands within the Presidio will remain within the boundary
of Golden Gate National Recreation Area, even after formation
of the Presidio Trust. This location within a unit of the
National Park System is expected to have a strong influence
on the future management of the area.
The Managers have made adjustments to the language
regarding the transition of the Presidio from management by
the National Park Service to management by the Presidio
Trust. Those adjustments include clarification of how
previously appropriated funds would be handled, how current
employees of the National Park Service would be dealt with,
and the manner in which the National Park Service would
continue to oversee certain ongoing activities, particularly
construction projects. In addition, the Managers have
provided guidance with respect to the transfer of personal
property. The Managers are aware that the National Park
Service inherited a substantial amount of personal property
from the Army when they departed. In fact, there was so much
personal property transferred that some of the equipment has
already been transferred to other park units in the Bay area.
The Managers have therefore specified that personal property
received by the National Park Service should be transferred
to the Trust for their ongoing management of the property,
rather than remain with the National Park Service.
The Managers have provided for the U.S. Park Police to
provide for continued law enforcement presence at the
Presidio. Currently, the National Park Service has both park
rangers and park police performing such services; and the
Managers concur with the position of the Senate that the park
police are best suited to carry out this function.
The Managers have agreed to provide reasonable flexibility
to the Trust in terms of compliance with Federal procurement
laws. The flexibility provided to the Trust in this
legislation is consistent with overall efforts by both the
Administration and the Congress to reduce the administrative
burden of procurement laws.

[[Page H11035]]

Finally, the Managers have agreed to extend the timeframe
for providing federal funding to the Trust from 12 to 15
years. While analysis conducted by the Trust indicates that
it is feasible to eliminate the need for Federal funds in 12
years, extending such authority for 15 years provides a
greater level of assurance of success for the Trust. In
recognition of the overall level of funding which will still
be required to implement this legislation, as well as in the
interest of charting the progress of this relatively unique
partnership, the Managers have agreed to a strong commitment
on behalf of the General Accounting Office to provide
oversight and feedback to the Congress.

Title II: Boundary Adjustments and Conveyances

Section 201

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 202

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 203

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 204

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 205

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 206

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 207

For an explanation of the text see House Report 104-59
(H.R. 694).

Section 208

For an explanation of the text see House Report 104-60
(H.R. 562).

Section 209

For an explanation of the text see House Report 104-9 (H.R.
440).

Section 210

For an explanation of the text see House Report 104-7 (H.R.
101).

Section 211

The Managers agreed to modify the language pertaining to
the expansion of Colonial National Historical Park as passed
by the House in H.R. 1091 by deleting the limitation on land
acquisition. The acquisition methods agreed to by Managers
are typical of park expansion legislation.

Section 212

For an explanation of the text see Senate Report 104-189
(S. 1196).

Section 213

For an explanation of the text see House Report 104-711
(H.R. 3579).

Section 214

The language is self-explanatory.

Section 215

For an explanation of the text see House Report 104-307
(H.R. 1585).

Section 216

For an explanation of the text see House Report 104-308
(H.R. 1585).

Section 217

For an explanation of the text see House Report 104-176
(H.R. 1091).

Section 218

The Managers agreed to certain changes in language
pertaining to the establishment of Shenandoah National Park
as contained in the House-passed version of H.R. 1091. While
the boundary of the park is established to consist of lands
in Federal ownership as of the date of enactment of the
provision, the Secretary is provided additional flexibility
in making future minor boundary adjustments at the park. The
original House version of H.R. 1091 permitted future minor
boundary adjustments only where essential to facilitate
trailhead access. The Managers agreed to permit minor
boundary adjustments where the Secretary determines it would
further the purposes of the park. H.R. 1091 as passed by the
House limited the methods for future boundary adjustments to
donation only, while the Managers agreed to permit such
adjustments by donation, exchange or acquisition from willing
sellers. The Managers also agreed to direct the National Park
Service to undertake a comprehensive boundary study, which
would guide all future boundary modifications after its
completion.

Section 219

The purpose of this provision is to validate certain
conveyances made by the Southern Pacific Transportation
Company within the city of Tulare, California.
From 1862 through 1871, Congress adopted the Pacific
Railroad Acts (The Charter Acts) to establish a system of
railroads in the western United States. The Charter Acts gave
railroads a right-of-way to strips of land 200 feet wide on
each side of the railroad tracks where the tracks were laid
along routes established in the Charter Acts.
The right-of-way for the railroad tracks and a strip 200
feet wide on either side within the Downtown Redevelopment
Area of the City of Tulare (Railroad Right-of-Way) was
granted to the Central Pacific Railroad Company of California
and the Southern Pacific Railroad Company under the Charter
Acts in 1862.
Currently, the Railroad Rights-of-Way through Tulare are an
active and essential part of the railroad corridor. There is
only a remote possibility that the railroad tracks through
downtown Tulare will ever be abandoned; however, that
possibility means title to eight parcels of land is somewhat
clouded and could be impaired or lost. Congressional action
is the only relief to clear title to the eight parcels.
The Managers have agreed to correct the problem by
validating and confirming title to the eight parcels in
accordance with 43 U.S.C. 912. On seven previous occasions,
Congress has validated similar conveyances under the same
authority.

Section 220

For an explanation of the text see House Report 104-759
(H.R. 3547).

Section 221

For an explanation of the text see House Report 104-760
(H.R. 3147).

Section 222

The language is self-explanatory.

Section 223

For an explanation of the text see House Report 104-452
(H.R. 2100).

Section 224

For an explanation of the text see House Report 104-763
(H.R. 2709).

Title III: Exchanges

Section 301

For an explanation of the text see House Report 104-55 (HR
529).

Section 302

For an explanation of the text see House Report 104-8 (HR
400).

Section 303

For an explanation of the text see Senate Report 104-49 (S.
719).

Section 304

For an explanation of the text see House Report 104-409 (HR
2402).

Section 305

For an explanation of the text see Senate Report 104-268
(S. 1025).

Section 306

For an explanation of the text see House Report 104-371 (HR
826).

Section 307

The language is self-explanatory. This section includes a
waiver of the Comprehensive Environmental Response,
Compensation and Liability Act and the Federal Water
Pollution Control Act at the insistence of the
Administration.

Section 308

For an explanation of the text see House Report 104-310 (HR
207).

Section 309

For an explanation of the text see House Report 104-306 (HR
1838).

Section 310

For an explanation of the text see House Report 104-658 (HR
3290).

Section 311

The City of Greeley, Colorado and the Water Supply and
Storage Company operate eight reservoirs in the Roosevelt
National Forest in Colorado. This provision would provide the
framework for the agreement that has been reached between the
United States Forest Service and the City of Greeley and
Water Supply and Storage.
The agreement has been negotiated over the last twelve
months and would provide for the Forest Service with 708
acres of land to improve the administration of the Roosevelt
National Forest. Some of this land is within the boundaries
of Federally designated Wilderness Areas.

Section 312

The Conference Committee has adopted language which could
lead to a major expansion of the Gates of the Arctic National
Park and Preserve and to significant additions to the
Maritime National Wildlife Refuge and other conservation
system units in Alaska. These expansions would be made if
mutually agreeable land exchanges are negotiated by the
Secretary of the Interior with the Arctic Slope Regional
Corporation (ASRC) and the State of Alaska. In return for
conveying to the United States title to lands long sought for
addition to the Park and other conservation units, ASRC and
the State could receive title to lands located within the 23
million acre National Petroleum Reserve-Alaska (NPR-A).

Section 313

See House Report 104-756 for background information.

Title IV: Rivers and Trails

Section 401

For an explanation of the text see Senate Report 104-188 (S
342). The Managers changed the title to reflect it was not a
heritage area and per a request from the Government Reform
Committee the Federal Property and Administrative Services
Act was waived instead of amended.

Section 402

For an explanation of the text see Senate Report 104-37 (S
363).

Section 403

For an explanation of the text see Senate Report 104-41 (S
587).

Section 404

For an explanation of the text see House Report 104-54 (HR
531).

Section 405

For an explanation of the text see Senate Report 104-261 (S
1425).

[[Page H11036]]

Section 406

For an explanation of the text see House Report 104-716 (HR
2292).

Section 407

For an explanation of the text see House Report 104-716 (HR
2292).

Section 408

The Managers agreed to add an amendment to the House-passed
text of HR 2292 which authorizes the National Park Service to
construct a new visitor center at New River Gorge National
Recreation Area.

Section 409

For an explanation of the text see House Report 104-716 (HR
2292).

Section 410

For an explanation of the text see House Report 104-716 (HR
2292).

Title V: Historic Areas and Civil Rights

Section 501

For an explanation of the text see House Report 104-567 (HR
1129).

Section 502

The language is self-explanatory.

Section 503

For an explanation of the text see House Report 104-59 (HR
694).

Section 504

For an explanation of the text see House Report 104-59 (HR
694).

Section 505

For an explanation of the text see Senate Report 104-49 (S
719).

Section 506

The Managers agree that establishment of the memorial to
Black Revolutionary War Patriots is an important effort.
Further, it is the understanding of the Managers that the
fund raising effort for the memorial is now well underway and
therefore the Managers have agreed that an additional two
year extension of this authority to complete such fundraising
efforts is meritorious.

Section 507

For an explanation of the text see House Report 104-758 (HR
1179).

Section 508

For an explanation of the text see Senate Report 104-190 (S
426).

Section 509

The authorization for the Advisory Council on Historic
Preservation is scheduled to expire at the end of the current
fiscal year. The Managers are aware that under the current
Section 106 process for implementation of the National
Historic Preservation Act, the Advisory Council plays an
important role in assessing and mitigating the impacts of
Federal actions on significant historic properties. The
Managers are also aware that in the recent past, the Advisory
Council has attempted to promulgate regulations which could
have led to significant increases in the cost of compliance
with the National Historic Preservation Act, and which would
have provided little additional benefit in terms of resource
protection. While the Advisory Council has subsequently
withdrawn those regulations in the face of overwhelming
public opposition, the Managers remain concerned about the
nature of final regulations to be adopted.
The Managers agreed to a four-year extension of the
authorization of the Advisory Council, but within that time
frame have directed that the Council provide recommendations
for modifying the overly complex historic preservation
compliance process. In particular, the Managers are seeking
alternative ways to carry out the Historic Preservation Act
which will be less burdensome on both the public and private
sectors.
The Managers have also agreed on a number of technical
amendments which are needed to improve the day-to-day
operations of the Advisory Council.

Section 510

See Senate Report 104-49 (S. 188) for background
information.

Section 511

The language is self-explanatory.

Section 512

The language is self-explanatory.

Section 513

The Conference Committee adopted a Senate provision which
designates the Aleutian World War II National Historic Area
within lands owned by the Ounalaska Corporation on the island
of Amaknak, Alaska and to provide for the interpretation, for
the educational and inspirational benefit of present and
future generations, of the unique and significant
circumstances involving the history of the Aleut people, and
the role of the Aleut people and the Aleutian Islands in the
defense of the United States in World War II.

Section 514

For an explanation of the text see House Report 104-368 (HR
2636).

Section 515

For an explanation of the text see House Report 104-709 (HR
3006).

Section 516

The language is self-explanatory.

Title VI: Civil and Revolutionary War Sites

Section 601

For an explanation of the text see Senate Report 104-263
(SJ Res 42).

Section 602

For an explanation of the text see Senate Report 104-43 (S
610).

Section 603

Richmond National Battlefield Park
Subsection a: Findings and purposes
This subsection establishes the findings and purposes.
Congress finds that the boundaries of the Richmond National
Battlefield Park do not include all of the historically
significant areas important to the Civil War campaigns in and
around the City of Richmond which served as the capital of
the Confederacy.
The purposes of this section are to establish a revised
boundary for the park to consist of the lands currently in
Federal ownership and to provide for procedures for the
National Park Service to expand the boundaries.
Subsection b: Modification of boundary
This subsection designates the boundary of the park to
comprise those lands in Federal ownership and administered by
the National Park Service before the date of enactment of
this legislation.
Subsection c: Land acquisition
This subsection authorizes the Secretary to expand the
boundaries of the park to include those lands identified in
the general management plan for the park approved in June
1996 and depicted on the National Park Service map dated
August 1993. The Secretary may acquire lands for addition to
the park by donation, purchase with donated or appropriated
funds or exchange with the consent of the land owner. Upon
acquisition of any lands by the Secretary, the park boundary
is modified to include those lands without further action by
Congress.
Subsection d: Park management and administration
This subsection directs the Secretary to interpret for the
benefit of the public the significance of the Battles of
Richmond on the Civil War and the effects of the Civil War on
all American people. To further the interpretation and
preservation of the historic resources of the park identified
in the general management plan, the Secretary is directed to
provide technical assistance and to enter into cooperative
agreements with local governments, nonprofit organizations
and land owners. The Secretary is also authorized to provide
technical assistance to local governments, nonprofit
organizations and land owners to protect and preserve
historically significant Civil War resources located outside
of the boundary of the park.
Subsection e: Administration
This subsection clarifies that Richmond National
Battlefield Park is to be managed in accord with the Historic
Sites Act of 1935.

Section 604

For an explanation of the text see Senate Report 104-310 (S
1226).

Section 605

For an explanation of the text see Senate Report 104-310 (S
1226).

Section 606

For an explanation of the text see House Report 104-603 (HR
848).

Section 607

Title 607. Shenandoah Valley Battlefields National Historic
District
Subsection (a.): Short title
This subsection entitles this section as the Shenandoah
Valley National Battlefields National Historic District
comprising 10 Civil War battlefields in Virginia's Shenandoah
Valley.
Subsection (b.): Congressional findings
In 1990, Congress enacted the Civil War Sites Study Act
(section 1204 of Public Law 101-628). That law directed the
Secretary of the Interior to prepare a study of Civil War
sites within the Shenandoah Valley in Virginia. The study was
completed in September 1992, and transmitted to Congress in
summer of 1993.
The study notes that ``the battlefields identified in this
study collectively appear to meet criteria for national
significance. The study shows that the Shenandoah Valley
represents a unique geographic and historic resource: that it
possesses tremendous scenic beauty and exceptional potential
for interpreting aspects of the Civil War that are currently
not represented in the National Park System; . . . and that
many portions of the Valley retain a high degree of historic,
rural, and scenic integrity.''
The study identifies the historical significance of the
battles in the Valley associated with Confederate General
Thomas J. (Stonewall) Jackson's campaign of 1862 and the
decisive Union campaigns of 1864 led by Union General Philip
Sheridan.
Subsection (c.): Statement of purposes
Until recently, most of the Shenandoah Valley had remained
in the same type of agricultural use since the Civil War.
However, increasing development within the Valley has begun
to threaten the integrity of many of these battlefield sites.
This subsection sets forth the purposes of the Historic
District to provide a coordinated strategy for protection
involving the National Park Service, the Commonwealth of
Virginia, local governments, private organizations and land
owners.
Partnerships between all levels of government, private
landowners and non-profit organizations will foster the
protection of the natural, cultural, and historic resources
within the historic district linking the battlefields.
Subsection (d.): Definitions
This subsection defines certain key terms used in this
section.

[[Page H11037]]

Subsection (e.): Shenandoah Valley Battlefields National
Historic District
This subsection establishes the Shenandoah Valley
Battlefields National Historic District consisting of lands
identified in the Park Service study, the battlefield areas
identified on the National Park Service map at Cedar Creek,
Cross Keys, Fisher's Hill, McDowell, New Market, Opequon,
Port Republic, Second Kernstown, Second Winchester, and Tom's
Brook, and the historic transportation routes linking these
battlefields.
Subsection (f.): Shenandoah Valley Battlefields National
Historic District Plan
This subsection provides that the District is to be managed
by the Commission and the management entity pursuant to this
Act and the Shenandoah Valley Battlefields Historic District
Plan (the ``plan''), pursuant to this section.
It also sets forth the specific provisions of the plan,
including the development of an inventory of lands that
should be acquired, managed or preserved because of its
historical significance; provisions for the establishment of
a management entity which may be either a unit of government
or a private nonprofit organization; identification of
partnerships between state, local and regional entities and
the private sector; and, provisions for the protection and
interpretation of natural, cultural and historic resources in
the Historic District.
The purpose of the management entity is to administer the
District consistent with the plan. The management entity
would have legal ability to receive and disburse Federal
funds, enter into agreements with all levels of governments
or organizations to provide for the implementation of the
plan, and to acquire lands from willing sellers for the
purposes of preserving the historic resources in the
District.
This subsection directs the Commission to prepare a draft
plan within 3 years. The Commission is required to ensure
that appropriate notice of the draft plan is provided to
local communities.
It also requires that the Secretary review the plan and
within 90 days after receiving the plan, either approve it or
reject the plan and recommend modifications that would make
the plan acceptable.
Subsection (g.): Duties of the Secretary
This subsection authorizes the Secretary to award grants,
provide technical assistance and enter into cooperative
agreements with local governments, property owners and
nonprofit organizations to preserve and interpret the
historic resources in the District.
The Secretary may acquire land from a willing seller that
has been identified by the Commission as important to the
preservation of battlefields within the District.
The Secretary is directed, upon request of the Commission,
to detail two employees of the Department of the Interior to
the Commission to assist with the preparation of the plan.
Following the approval of the plan, the Secretary is to
report to Congress on whether the Historic District or
specific components should be added as units of the National
Park System.
Subsection (h.): Shenandoah Valley Battlefields National
Heritage Corridor Commission
This subsection establishes the Shenandoah Valley National
Battlefields Historic District Commission (the
``Commission'') consisting of 19 members. The Commission is
to be composed of local governments, property owners, a
member with expertise in historic preservation, a Civil War
historian, and the Governor of Virginia and the Director of
the National Park Service, in an ex-officio capacity.
Subsection (I.): Duties of the Commission
The duties of the Commission are the development of the
plan; assisting in the management, protection and
interpretation of the natural, cultural and historical
resources within the District; and, taking appropriate action
to encourage protection of the resources within the District
by landowners, local governments, and other organizations.
Section (j.): Authorization of appropriations
This subsection authorizes the appropriation of $250,000
annually from the amounts available to carry out the National
Historic Preservation Act for the establishment and operation
of the Commission.
There is authorized to be appropriated to the Secretary
$2,000,000 annually from the National Historic Preservation
Act to make grants, provide technical assistance and enter
into cooperative agreements pursuant to Section 7.
For the purposes of land acquisition within the Historic
District, $2,000,000 is authorized to be appropriated from
the National Historic Preservation Act pursuant to Section
7(d).
A total of $500,000 annually is authorized to be
appropriated from the National Historic Preservation Act for
the establishment and operation of the management entity.

Title VII: Fees

Section 701

For an explanation of the text see House Report 104-516
part I (HR 1527).

Section 702

For an explanation of the text see House Report 104-57 (HR
536).

Section 703

The Managers agree that many provisions of the existing
recreation fee policy, as provided in Section 4 of the Land
and Water Conservation Act are outdated and unworkable. The
Managers have therefore agreed that current law should be
replaced in its entirety. The policy adopted by the Managers
is similar to the recreation fee policy contained in HR 2107
as reported by the House Resources Committee. However, the
Managers have agreed to include a number of limitations on
fee increases, similar to those included in the Balanced
Budget Act which was vetoed by the President.
The inclusion of caps in the legislation is probably one of
the biggest changes to the fee policy reported by the House
Resources Committee. The Managers have agreed to caps of $10
per person or $25 per car for single admission visits, $25
for annual geographic permits and $50 for Golden Eagle
Passports. The Managers have also provided that Golden Eagle
Passports would be available to persons 62 years of age or
older for no more than 50 percent of the rate charged for
other persons. In addition, the Managers have agreed that all
children 12 and under should be charged no admission fee. The
Managers have included language which provides that increases
in fees will be implemented over a reasonable period of time
in order to minimize rapid escalation of fees charged to
recreation users. The Managers do not anticipate that
agencies will begin to immediately charge fees as provided
for in this legislation at the maximum allowable rate.
The Managers have agreed to limit the scope of this
provision to the National Park Service, Bureau of Land
Management and Forest Service only, at this time. The
Managers recognize that over the long term, it is desirable
for the public to have a single recreation fee policy for all
Federal lands. However, since other agencies have recreation
fee authority conformance is not essential at this time. The
Managers expect that other such agencies will undertake no
program inconsistent with this provision, unless otherwise
specifically provided in law.
The Managers have also simplified the recreation fee
program as contained in HR 2107. Specifically, the Managers
have agreed to delete target recreation revenue goals, delete
appropriation language and simplify the calculation of how
much revenue should be retained by each of the collecting
areas.
The Managers have included in the text the current fee
schedule for admission fees for commercial tour operators.
The Managers recognize that in some cases agencies may
already be charging rates higher than those specifically
included in this text, but does not intend in any way to
imply that current fees schedules should be modified. Rather,
the Managers intend simply that future increases in such
commercial tour entry fees be in accord with the provisions
of this section.
The Managers recognize that the four land management
agencies were recently authorized under the FY 96 Interior
Appropriation Act (Public Law 104-134) to implement
recreation fee demonstration programs. Unfortunately, none of
the agencies with this authority, except the Forest Service,
have elected to implement it. Therefore, in order to develop
a consistent policy, this legislation repeals that authority
for all agencies except the Forest Service.

Section 704

This section provides for the protection of the natural
resources of Glacier Bay National Park by the Secretary of
the Interior while preserving the authority of other Federal
agencies to enforce environmental laws under their authority
in the Park. The Secretary of the Interior issues permits and
charges fees to concessionaires in the Glacier Bay national
park, including cruise ships. The fees collected by the
Secretary be used to protect Park resources within the Park.
Therefore, this section provides that 60 percent of the fees
charged to certain permittees be used by the Secretary to
protect park resources, including prepositioned oil spill
prevention equipment.
In addition, the Committee on Conference is concerned that
recent rulemakings by the Secretary of the Interior regarding
permit conditions for park concessionaires appear to overstep
the authority of the Secretary and usurp the authority of
other Federal agencies, such as the Coast Guard and the
Environmental Protection Agency, to enforce the Oil Pollution
Act, the Federal Water Pollution Control Act and the Clean
Air Act. Accordingly, this provision limits the authority of
the Secretary to condition permits, including permits for
vessel operations, in the Park.
Finally, the Committee is concerned that the permit
conditions being considered by the Secretary be based on
substantial, verifiable scientific information. Therefore,
this section allows permit fees to be used for further
scientific investigations to help the Secretary to develop
appropriate and justified permit conditions to protect
Glacier Bay National Park resources.

Title VIII: Miscellaneous Administrative and Management Provisions

Section 801

For an explanation of the text see House Report 104-59 (HR
694).

Section 802

For an explanation of the text see House Report 104-59 (HR
694).

Section 803

For an explanation of the text see House Report 104-59 (HR
694) and Senate Report (104-312)

[[Page H11038]]

Section 804

For a basic explanation of the text see House Report 104-59
(HR 694). The Managers also agreed to a provision to ensure
that the Smithsonian Institute is consulted whenever the
National Park Service determines that it has museum
collections surplus to its needs.

Section 805

The Managers agreed to a ceiling of $3.5 million for
expenditures for volunteer purposes.

Section 806

The Committee adopted a provision which would allow for
core sampling to take place in Katmai National Park for the
purposes of volcanological research.

Section 807

For an explanation of the text see House Report 104-34 (S.
197).

Section 808

For an explanation of the text see House Report 104-59 (HR
694).

Section 809

For an explanation of the text see House Report 104-262 (S.
1627).

Section 810

For an explanation of the text see House Report 104-10
(H.J. Res. 50).

Section 811

For an explanation of the text see Senate Report 104-50
(H.R. 629).

Section 812

For an explanation of the text see House Report 104-58
(H.R. 606).

Section 813

For an explanation of the text see House Report 104-309
(H.R. 924).

Section 814

For an explanation of the text see Senate Report 104-198
(S. 509).

Section 815

The Managers agreed to a broad array of administrative
reforms for the National Park Service as generally provided
by H.R. 2941 (see House Report 104-802, Part I). However, the
Managers did agree to make changes to the language from H.R.
2941 pertaining to both housing and construction of
administrative facilities outside of the boundaries of park
areas.
The most significant change to the housing authority is the
elimination of the authority to sell government housing to
cooperatives consisting of field employees. While Managers
agree that this provision has merit, they also agree that
there are potential problems and have therefore agreed to a
study of such a program prior to its authorization. The
Managers have also agreed to direct the Secretary to refine
the concept of required occupancy. The Managers have found
evidence that this concept is not applied uniformly and
believe that employees who are required to occupy government
quarters due to isolation deserve similar treatment
regardless of occupation.
The Managers deleted the generic authority for the National
Park Service to construct facilities outside of park
boundaries on non-federal land and substituted the site-
specific authority for such construction at Zion National
Park. The Managers are aware of several similar proposals
currently receiving congressional consideration. However, the
Managers generally believe that park facilities should be
located in the park, and that other federal leasing
authorities are generally adequate to provide needed building
space outside the parks. It is the conclusion of the Managers
that the need for facilities outside of park boundaries
should continue to be evaluated on a case-by-case basis.

Section 816

Section 816 is based on legislation passed by the House
Resources Committee (H.R. 3534) which authorizes the National
Park Service to continue to issue special use permits to
cabin owners at Mineral King in Sequoia National Park, after
the death of the permittee of record.
There is no accurate count of persons living within areas
designated by Congress as units of the national park system,
either on private property or on Federally-owned property.
For example, Indiana Dunes National Lakeshore reports that at
one point, there were over 700 use and occupancy agreements
at that park alone.
Individuals currently reside inside parks under three basic
sets of conditions. The first is on private property within
the park boundary which has not yet been acquired by the
Federal government. The second is when property has been
acquired by the Federal government under terms of a use and
occupancy agreement. The third is when the Federal government
permits persons to reside on Federal lands.
Since 1972, acquisition of Federal lands has been guided by
the Uniform Relocation and Assistance Act. That law generally
provides for the government to authorize the lease back of an
improved residence which has been acquired, for up to 25
years or the life of the occupant, depending on any
limitations contained in the specific authorizing statute.
For example, if the Federal government is acquiring the area
for road construction purposes, the resident would typically
not be offered a lifetime estate. The homeowner pays for this
extended use of the property through a reduction in the
purchase price paid by the government. These persons have a
property right which is reflected as a use and occupancy
agreement. Such use of the property can be bought and sold.
In the 1970's, when the Federal government was acquiring
extensive lands for park purposes, it has been alleged that
some of the acquisition was heavy-handed. It is unclear
whether residents were fully advised of their rights, and
there were a number of bitter land acquisition disputes
across the park system. Congress has addressed this issue at
least once before, when an Act was passed which permitted
residents of Minute Man National Historic Park to extend
their original use and occupancy agreements (PL 102-488).
The history of the National Park Service permitting persons
to use park lands for residential purposes is less clear.
Typically these situations arise due to prevailing conditions
at the time of park establishment. However, there has been a
wide discrepancy among parks with regard to how any generic
authority is interpreted. Some park superintendents claim
they have no authority to permit such non-park residential
use of the land, while others have seen no problem with the
issuance of special use permits for residential purposes.
Mineral King was Forest Service land added to Sequoia-
Kings Canyon National Park in the 1970's in order to prevent
Disney from developing a ski area. When the land was added,
there were a number of residents within the addition; both
persons who owned their property and persons who occupied
cabins under a special use permit from the Forest Service.
The legislation establishing the area stated that such
``special use'' permits would only be issued to the owner or
lessee of record at the time. Now, nearly 20 years after
enactment of the original law, some original owners have died
and their heirs are seeking to continue their permits.
This provision amends the 1978 statute adding the Mineral
King area to Sequoia-Kings Canyon National Park by
specifically authorizing the National Park Service to issue
cabin leases to the heirs of the original permittees of
record until the death of the last permittee of record.
The language of the bill requires permittees to pay fair
market value for such use, and specifically provides for
protection of park resources and termination of the use if
lands are needed for other purposes. The legislation provides
that the Secretary must have the funds to implement such
alternative use, rather than simply prepare a plan calling
for such use. The Managers do not believe that these persons
should be forced out of their cabins until such alternative
use is a reality.

Section 817

Language is self-explanatory.

Section 818

This section directs the Secretary of the Interior to
conduct a study of the Lake Calumet area to analyze
alternative ways to manage the area.

Section 819

This section provides for a legislative taking of the
balance of private property in the Gherini Ranch on Santa
Cruz Island in Channel Islands National Park. The National
Park Service currently owns a three-fourths undivided
interest in the Gherini Ranch, which is a 6,200-acre parcel
located on the east end of Santa Cruz Island. This parcel of
land is currently being severely impacted by uncontrolled
populations of feral sheep. While the Federal government has
acquired three undivided one-fourth interest portions of this
ranch on a willing seller basis, there is little hope of the
Federal government reaching agreement with the remaining
property owner regarding the value of the land. Therefore, in
order to bring an end to overgrazing, and resultant impacts
on park resources, including irreversible destruction of
archeological sites, the Managers support this legislative
taking.

Title IX: Heritage Areas

Section 901

For an explanation of the text see Senate Report 104-42 (S.
601).

Section 902

The language is self-explanatory. The Managers agreed to
direct the Administration to study the area.

Title X: Miscellaneous

SUBTITLE A

The conference agreement includes language to create a
tallgrass prairie national preserve in the Flint Hills of
Kansas. The preserve will be created through a unique
private/public partnership between the federal government and
a private conservation group. The partnership is the
culmination of decades of discussions between agriculture and
conservation interests who, until now, have disagreed over
issues such as federal ownership and cattle grazing as part
of a tallgrass prairie preserve in Kansas. The language
drafted in this legislation is the result of consensus
building and compromise between these various groups.
While the conference agreement only provides for federal
ownership, by donation, of 180 acres of land on the preserve,
it is hoped that the National Park Service, through the
cooperative agreement language contained in this bill, will
be able to work with the private land owners (and its leasee)
of the rest of the 10,894-acre ranch to provide interpretive
and recreation opportunities within the boundaries of the
preserve, but beyond the federally owned-core.
The stated purposes of this bill remain broad to give the
National Park Service

[[Page H11039]]

maximum flexibility in determining land use practices within
the preserve through the general management planning process,
with input from an advisory committee created by this bill.
We believe a public planning process, with input from all
Kansans, including local citizens and adjacent landowners,
will enable the National Park Service to identify the best
use for the 180 federally-owned acres, and provide guidance
for possible cooperative agreements between the federal
government and the private owner and its leasee.
The conferees note that the Kansas congressional delegation
is united in its belief that a strong emphasis of the
preserve should include the management of range lands through
historic and contemporary ranching practices. While the
conferees are unwilling to include language in the act that
would require any predetermined use of private property
mentioned within this bill, the conferees agree with the
Kansas congressional delegation that current cattle ranching
activities, consistent with the ecologically sound and
sustainable management of this property, should continue
after the preserve is created. Cattle ranching, as practiced
under the current grazing lease, is consistent with the
interpretation of the history and culture of the Flint Hills
region of the tallgrass prairie.

SUBTITLE B

The language is self-explanatory.

SUBTITLE C

Section 1021

This provision establishes a national recreation area,
changes the designation of the black canyon of the Gunnison
National Monument to a National Park, and designates a new
BLM conservation area on the Lower Black Canyons.
The conferees intend that all agencies operating within the
newly designated complex share personnel, supplies, materials
and equipment to the extent practicable for a more efficient
and effective overall operation.

Section 1022

See Senate Report 104-299 (S. 1703) for background
information. Miscellaneous amendments were added to protect
the integrity of the park system.

Section 1023

The language is self-explanatory.

Section 1024

The language is self-explanatory.

Section 1025

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1026

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1027

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1028

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1029

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1030

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1031

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1032

For an explanation of the text see Senate Report 104-314
(S. 1662).

Section 1033

The language is self-explanatory.

Section 1034

The language is self-explanatory.

Section 1035

For an explanation of the text see House Report 104-761 (HR
2711).

Section 1036

The language is self-explanatory.

Section 1037

Despite Alaska's stature as the largest State in the Union
and the millions of acres of federal lands in the State,
Alaska ranks 10th in Payment in Lieu of Taxes (PILT)
receipts. This is because the definition of ``unit of local
government'' includes only organized boroughs and certain
independent cities in Alaska. Yet over 60 percent of the
federal lands in Alaska are located outside any organized
borough.
This section will not increase the current entitlement
ceiling of PILT, it will only change the way the PILT fund is
divided by providing a small additional share of the PILT
fund distribution to those Alaskan communities that are
outside unorganized boroughs. The legislation also will not
reduce other states PILT funding significantly because PILT
calculations also include population statistics.

Section 1038

The conferees have included bill language that prohibits
termination of a timber sale contract solely for failure to
operate a pulp mill. This provision is necessary to provide
flexibility to the Administration so that jobs in the sawmill
portion of the contract holder's operation are not lost along
with pulp mill jobs. The Forest Service shall work with the
contract holder to make any excess volume available to
sawmills in Southeast Alaska closed for lack of timber.

Section 1039

This provision directs the Secretary of the Interior to
undertake a negotiation with several Alaska Native
Corporations in the Cook Inlet region of Alaska to resolve
disagreements over final land conveyances to the Native
Corporations under the Alaska Native Claims Settlement Act.
The Secretary is required to report to the relevant
authorizing committees the results of the negotiation by
March 1, 1997. To facilitate the negotiation, the amendment
extends a statute of limitations which could be interpreted
as requiring the filing of a suit by the corporations against
the Secretary for failure to convey lands described in the
Deficiency Agreement of August 31, 1976.

Section 1040

This section authorizes the Native residents of the
Southeast Alaska Native villages of Haines, Ketchikan,
Petersburg, Tenakee and Wrangell to organize as urban or
group corporations under an amendment to the Alaska Native
Claims Settlement Act of 1971 (ANCSA). ANCSA authorized the
creation of village, urban and regional corporations to
receive settlements and manage assets distributed to settle
aboriginal claims of Natives and Native groups in Alaska. The
original ANCSA language failed to include the Native villages
of Haines, Ketchikan, Petersburg, Tenakee or Wrangell in the
exclusive list of villages in Southeast Alaska eligible to
create village or urban corporation. Unlike the treatment of
other Native villages elsewhere in Alaska, ANCSA did not
provide an appeal right or other procedures for qualification
of Southeast Native villages not included in the original
list. Although Natives enrolled to Haines, Ketchikan,
Petersburg, Tenakee and Wrangell during the ANCSA process did
become at-large shareholders in the regional corporation for
Southeast Alaska, Natives from these five communities were
denied the benefits from rights to land and local resources
that other village and urban corporations in Southeast Alaska
received under ANCSA.

Section 1041

This section would transfer legal title to approximately
160 acres of land to Daniel and Douglas Gross. The Gross
brothers are the surviving sons of Mr. and Mrs. Lee Gross of
Wrangell, Alaska, the original homesteaders.

Section 1042

For an explanation of the text see House Report 104-687 (HR
1786).

Section 1043

The Conferees adopted a provision recognizing that in 1982,
Cape Fox Corporation (CFC) selected approximately 320 acres
surrounding the Beaver Falls hydro-project's powerhouse. The
facility was constructed in 1945 and licensed by the FPC, now
FERC. It is owned and operated by the City of Ketchikan
through the Ketchikan Public Utilities. The City of Ketchikan
protested CFC's selection of the site to the Interior Board
of Land Appeals (IBLA). The IBLA upheld CFC's selection in a
decision made in 1983. In this decision IBLA essentially
ruled that the City could continue to operate the hydro
facility under the terms of Section 14(g) of ANCSA until
their license expired in 1995. At license expiration, use of
the land by the City would be subject to acquisition of a
real property interest from CFC.
A FERC order dated November 7, 1994, issuing the ``new''
license for this facility, Project No. 1922-008, includes a
clause that directs the City to pay all land use fees
including use of CFC land to the federal government. The
effect of this decision removes CFC's property rights, which
deprive CFC of its ability to make economic use of its land.
The FERC order also creates a conflict between two federal
agencies, IBLA and FERC.
This section grants authority for CFC to return the 320
acre Beaver Falls selection area to the federal government
and expands CFC's selection area accordingly.

Section 1044

The conferees have included bill language requiring the
Secretary to report to the relevant committees of the House
and Senate on a determination of whether the continued
presence of a small antenna at an existing radio
communications site barely within the San Bernardino National
Forest at Inspiration Point is in the public interest. The
conferees regret the need to direct that such a report, given
the overwhelming community support for continued presence of
the antenna, is necessary for public safety and emergency
broadcasts.

Section 1045

Between 1931 and 1954 local sporting enthusiasts and back
country users built and constructed a series of 18 dams and
concrete weirs throughout the area which later came to be
known as the Immigrant Wilderness Area. These dams were built
from native rock so as to blend in naturally with their
surroundings, most of these dams do not exceed two feet in
height. The last dam was built 20 years before wilderness
designation was considered for the area.
Report language for H.R. 12884 which established the
Immigrant Wilderness Area indicated that ``the weirs and
small dams will be retained.'' Inclusion of this provision in
the conference report to preserve these dams will maintain
traditional wilderness and recreation uses.

Section 1046

This provision concerns a longstanding inequity affecting
the University of Alaska,

[[Page H11040]]

the State's only federal land grant institution of higher
learning. The University was established in 1890. However,
because of Alaska's territorial status, it did not benefit
from the original Morrill School Lands Act, which only
benefited states. Congress sought to address this problem in
1915 and 1929 through legislation which reserved certain
public lands in Alaska for the benefit of the University.
Unfortunately, the University has as of today received less
than one-third of the acres it was entitled to receive from
the federal government. As a result, even though Alaska is
the largest of the fifty states, it ranks 48th in terms of
land devoted to higher education. This language begins to
address both of these problems by authorizing the Secretary
of the Interior to convey up to 350,000 acres of federal
lands, on a matching basis with the State of Alaska, to the
University.

Title XI: Calfironia Bay-Delta Environmental Enhancement

The Managers agreed to the inclusion of this proposal which
will authorize $430 million for fiscal years 1998 through
2000 for ecosystem protection and restoration in the San
Francisco Bay-Delta region. These funds will represent the
three-year federal match of state funds allocated in
accordance with California Proposition 204. This provision is
only effective if the corresponding state proposition 204 is
adopted by the voters in November of 1996. If passed, the
corresponding state proposition would provide $995 million in
state dollars for the program.

Don Young,
James V. Hansen,
Wayne Allard,
J.D. Hayworth,
Barbara Cubin,
Managers on the Part of the House.

Frank H. Murkowski,
Pete V. Domenici,
Don Nickles,
J. Bennett Johnston,
Managers on the Part of the Senate.

____________________