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Page:United States Statutes at Large Volume 123.djvu/1184

 123STA T . 11 64PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (A)STUDYREQ U I RED .—The Se cr e ta r yof the In ter i or s ha l l u n d erta k e a study of the shared routes of the C ali - fornia Trail and O re g on Trail listed in su bp aragraph ( B ) and generally depicted on the m ap entitled ‘ W estern E migrant Trails 1830/ 18 7 0 ’ and dated 1 9 91/1993, and of such other shared routes that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as shared compo- nents of the California N ational H istoric Trail and the Oregon National Historic Trail. ‘‘(B) C OV ERED ROUTE S .—The routes to be studied under subparagraph (A) shall include the follo w ing ‘‘(i) St. J oe R oad. ‘‘(ii) Council Bluffs Road. ‘‘(iii) Sublette cutoff. ‘‘(i v ) Applegate route. ‘‘(v) Old F ort K earny Road (O x bow Trail). ‘‘(vi) Childs cutoff. ‘‘(vii) Raft River to Applegate.’’. SEC.530 3.C HI SH OLMTRA ILA NDG REAT W ESTERN TRAILS ST U DIES. Section 5 (c) of the National Trails System Act (1 6U .S.C. 1 24 4(c)) is amended by adding at the end the following: ‘‘(44) C H ISHO LM TR A IL.— ‘‘(A) I NG ENERAL.—The Chisholm Trail (also known as the ‘Abilene Trail’), from the vicinity of San Antonio, Texas, segments from the vicinity of Cuero, Texas, to Ft. Worth, Texas, D uncan, Oklahoma, alternate segments used through Oklahoma, to Enid, Oklahoma, Caldwell, Kansas, Wichita, Kansas, Abilene, Kansas, and commonly used seg- ments running to alternative Kansas destinations. ‘‘(B) REQUIREMENT.—In conducting the study re q uired under this paragraph, the Secretary of the Interior shall identify the point at which the trail originated south of San Antonio, Texas. ‘‘(45) G REAT W ESTERN TRAIL.— ‘‘(A) IN GENERAL.—The Great Western Trail (also known as the ‘Dodge City Trail’), from the vicinity of San Antonio, Texas, north-by-northwest through the vicinities of Kerrville and M enard, Texas, north-by-northeast through the vicinities of Coleman and Albany, Texas, north through the vicinity of V ernon, Texas, to Doan’s Crossing, Texas, northward through or near the vicinities of Altus, L one Wolf, Canute, Vici, and May, Oklahoma, north through Kansas to Dodge City, and north through Nebraska to Ogallala. ‘‘(B) REQUIREMENT.—In conducting the study required under this paragraph, the Secretary of the Interior shall identify the point at which the trail originated south of San Antonio, Texas.’’. Subti t leE— E f fe c t o f T itle SEC. 5 4 0 1 .E F FECT. (a) E F FE C T ON ACCESS FOR RECREATIONAL ACTIVITIES.—Nothing in this title shall be construed as affecting access for recreational 16USC 1 24 4 note.


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Page:United States Statutes at Large Volume 123.djvu/1185

 123STA T . 11 65PUBLIC LA W 111 – 11 —M A R .3 0, 200 9activ iti eso t h e rw ise a l lowe dby law or re gu latio n, including hunting, f ishing, or tra p ping .( b )EF F ECTONS T A TE AU T H O RI T Y . —N othing in this title shall be construed as affecting the authority, j urisdiction, or responsibility of the several States to m anage, control, or regulate fish and resi - dent wildlife under State law or regulations, including the regula- tion of hunting, fishing, and trapping. TI T LEV I —D E PAR T M E N T OF T H E INTERIOR A U THORI Z ATION S S ubti t le A— Co o p e ra ti v e W ater sh e d Ma n a g e m ent Program SEC.60 0 1 . D E FIN I T I O NS. I n this subtitle ( 1 ) AFFECTE DS TA K EHO L DER.— T he term ‘ ‘affected sta k e- holder ’ ’ means an entity that significantly affects, or is signifi- cantly affected by, the q uality or quantity of water in a water- shed, as determined by the Secretary. ( 2 ) G RANT RECI P IENT.—The term ‘‘grant recipient’’ means a watershed group that the Secretary has selected to receive a grant under section 60 02(c)(2). ( 3 ) P RO G RA M .—The term ‘‘program’’ means the C ooperative W atershed M anagement Program established by the Secretary under section 6002(a). ( 4 ) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 5 ) WATERSHED GROUP.—The term ‘‘watershed group’’ means a self-sustaining, cooperative watershed-wide group that— (A) is comprised of representatives of the affected stakeholders of the relevant watershed ( B ) incorporates the perspectives of a diverse array of stakeholders, including, to the ma x imum extent prac- ticable— (i) representatives of— (I) hydroelectric production; (II) livestock gra z ing; (III) timber production; (I V ) land development; (V) recreation or tourism; (VI) irrigated agricultural production; (VII) the environment; (VIII) potable water purveyors and industrial water users; and (I X ) private property owners within the water- shed; (ii) any F ederal agency that has authority with respect to the watershed; (iii) any State agency that has authority with respect to the watershed; (iv) any local agency that has authority with respect to the watershed; and (v) any Indian tribe that— 16USC 1 0 1 5.

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Page:United States Statutes at Large Volume 123.djvu/1186

 123STA T . 11 6 6 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I)ownsla n d w ith in th e wate r shed or (II) has land in the watershed that is held in tr u st; ( C )isa g rassroots , nonregulator y entity that addresses water a v aila b ility and q uality issues within the relevant watershed; ( D )is c a p able o f pro m oting the sustainable use of the water resources of the relevant watershed and improving the functioning condition of rivers and streams through — (i) water conservation; (ii) improved water quality; (iii) ecological resiliency; and (iv) the reduction of water conflicts; and ( E )ma k es decisions on a consensus basis, as defined in the bylaws of the watershed group . ( 6 ) WATERSH E DM A N A G EMENT P R OJ E C T.— T he term ‘ ‘water - shed management pro j ect ’ ’ means any project (including a dem- onstration project) that— ( A ) enhances water conservation, including alternative water uses; ( B ) improves water quality; (C) improves ecological resiliency of a river or stream; (D) reduces the potential for water conflicts; or (E) advances any other goals associated with water quality or quantity that the S ecretary determines to be appropriate. SEC.60 0 2 . PROG R AM . (a) ESTA BLI SHMENT.— N ot later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the ‘‘Cooperative Watershed M anagement P rogram’’, under which the Secretary shall provide grants— (1)(A) to form a watershed group; or (B) to enlarge a watershed group; and ( 2 ) to conduct 1 or more projects in accordance with the goals of a watershed group. (b) APPLICATION.— (1) ESTABLISHMENT O F APPLICATION PROCESS; CRITERIA.— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish— (A) an application process for the program; and (B) in consultation with the States, prioriti z ation and eligibility criteria for considering applications submitted in accordance with the application process. (c) DISTRIB U TION OF G RANT F UNDS.— (1) IN GENERAL.—In distributing grant funds under this section, the Secretary— (A) shall comply with paragraph (2); and (B) may give priority to watershed groups that— (i) represent ma x imum diversity of interests; or (ii) serve subbasin-sized watersheds with an 8- digit hydrologic unit code, as defined by the U nited States Geological Survey. (2) FUNDING PROCEDURE.— (A) FIRST PHASE.— Deadlin e . Deadline. Gr an ts . 16USC 1 0 1 5 a.


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The Encyclopedia Americana (1920)/Kirchbach, Wolfgang

KIRCHBACH, kĭrh'bäH, Wolfgang, German critic and poet: b. London, England, 18 Sept. 1857; d. 1906. He was the son of a German artist and studied in Dresden and Leipzig. Settling in the former city in 1888 he was editor of the Magazin für Litteratur des In- und Auslandes; but from 1896 lived in Berlin. Among his works may be cited ‘Märchen’ (1879); ‘Salvator Rosa,’ a romance (1880); ‘Gedichte’ (1883); ‘Das Leben auf der Walze’ (1892); ‘Die letzten Menschen,’ a drama (1892); ‘Miniaturen’ (Stuttgart 1892); ‘Des Sonnenreichs Untergang’ (Dresden 1895); ‘Gordon Pascha’ (ib. 1895); ‘Eginhardt und Emma’ (ib. 1896); ‘Der Lieder vom Zweirad’ (1900).


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Page:United States Statutes at Large Volume 123.djvu/1187

 123STA T . 11 67PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i)INGE NE RAL.—TheS e cr e ta r ym ay p r ov i d eto a g ra n t recipient a f ir s t - phase grant in an amo u nt not greater than $10 0, 000 each year for a period of not more than 3 years. (ii) M AN D A TO R YUS EO F FUNDS.— A grant recipient that receives a first-phase grant sha l l use the funds— (I) to esta b lish or enlarge a w atershed group (II) to develop a mission statement for the watershed group; (III) to develop pro j ect concepts; and (I V ) to develop a restoration plan. (iii) ANNUAL DETER MI NATION OF ELIGI B ILITY.— (I) D ETERMINATION.— F or each year of a first- phase grant, not later than 27 0 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding. (II) E FFE C T OF DETERMINATION.—If the Sec- retary determines under subclause (I) that the progress of a grant recipient during the year cov- ered by the determination justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year. (iv) AD V ANCEMENT CONDITIONS.—A grant recipient shall not be eligible to receive a second-phase grant under subparagraph ( B ) until the date on which the Secretary determines that the watershed group— (I) has approved articles of incorporation and bylaws governing the organi z ation; and (II)(aa) holds regular meetings; (bb) has completed a mission statement; and (cc) has developed a restoration plan and project concepts for the watershed. (v) E X CE P TION.—A watershed group that has not applied for or received first-phase grants may apply for and receive second-phase grants under subpara- graph (B) if the Secretary determines that the group has satisfied the re q uirements of first-phase grants. (B) SECOND P H ASE.— (i) IN GENERAL.—A watershed group may apply for and receive second-phase grants of $1,000,000 each year for a period of not more than 4 years if— (I) the watershed group has applied for and received watershed grants under subparagraph (A); or (II) the Secretary determines that the water- shed group has satisfied the requirements of first- phase grants. (ii) MANDATORY USE OF FUNDS.—A grant recipient that receives a second-phase grant shall use the funds to plan and carry out watershed management projects. (iii) ANNUAL DETERMINATION OF ELIGIBILITY.— (I) DETERMINATION.—For each year of the second-phase grant, not later than 270 days after the date on which a grant recipient first receives Deadlin e . Deadline.


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Page:United States Statutes at Large Volume 123.djvu/1188

 123STA T . 11 68PUBLIC LA W 111 – 11 —M A R .3 0, 200 9grantfu n ds f o rt hey ear , the S e c retary sha l l deter -mi ne w hether the grant reci p ient has made suffi- cient progress during the year to j ustify additional funding .(I I )EF F ECTO F D ETE RMINA TION. — If the Sec- retary determines under su b clause (I) that the progress of a grant recipient during the year justi- fies additional funding, the Secretary shall pro v ide to the grant recipient grant funds for the following year. (iv) A D V ANCEMENT CONDITION.—A grant recipient shall not be eligible to receive a third-phase grant under subparagraph ( C ) until the date on which the Secretary determines that the grant recipient has— (I) completed each re q uirement of the second- phase grant and (II) demonstrated that 1 or more pilot projects of the grant recipient have resulted in demon- strable improvements, as determined by the Sec- retary, in the functioning condition of at least 1 river or stream in the watershed. (C) TH IRD P HA S E.— (i) FU NDIN GL IMITATION.— (I) IN GENERAL.—E x cept as provided in sub- clause (II), the Secretary may provide to a grant recipient a third-phase grant in an amount not greater than $5, 0 00,000 for a period of not more than 5 years. (II) E X CEPTION.—The Secretary may provide to a grant recipient a third-phase grant in an amount that is greater than the amount described in subclause (I) if the Secretary determines that the grant recipient is capable of using the addi- tional amount to further the purposes of the pro- gram in a way that could not otherwise be achieved by the grant recipient using the amount described in subclause (I). (ii) M ANDATOR Y USE OF FUNDS.—A grant recipient that receives a third-phase grant shall use the funds to plan and carry out at least 1 watershed management project. ( 3 ) AUTHORI Z ING USE OF FUNDS FOR ADMINISTRATIVE AND OTHER COSTS.—A grant recipient that receives a grant under this section may use the funds— (A) to pay for— (i) administrative and coordination costs, if the costs are not greater than the lesser of— (I) 2 0 percent of the total amount of the grant; or (II) $100,000; (ii) the salary of not more than 1 full-time employee of the watershed group; and (iii) any legal fees arising from the establishment of the relevant watershed group; and ( B ) to fund— (i) water quality and quantity studies of the rel- evant watershed; and


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Page:United States Statutes at Large Volume 123.djvu/1189

 123STA T . 11 69PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (i i )theplan nin g,d e s ign, and i m plementati o no f an y p r o j e c ts relating to w ater qu ality or quantity . (d) COSTSHARE . — ( 1 ) PL A N N I N G .— T he F ederal share of the cost of an acti v ity provided assistance through a first - phase grant shall b e1 0 0 percent. ( 2 ) PRO J E C TS CARRIE D O U T UNDER SECOND P HASE.— ( A ) I N GENERAL.—The Federal share of the cost of any activity of a watershed management project provided assistance through a second-phase grant shall not e x ceed 5 0 percent of the total cost of the activity. ( B ) FOR M O F NON-FEDERAL SHARE.—The non-Federal share under subparagraph (A) may be in the form of in- k ind contributions. ( 3 ) PROJECTS CARRIED OUT UNDER THIRD PHASE.— (A) IN GENERAL.—The Federal share of the costs of any activity of a watershed group of a grant recipient relating to a watershed management project provided assistance through a third-phase grant shall not exceed 50 percent of the total costs of the watershed management project. (B) FORM OF NON-FEDERAL SHARE.—The non-Federal share under subparagraph (A) may be in the form of in- kind contributions. (e) ANNUAL R EPORTS.— (1) IN GENERAL.— N ot later than 1 year after the date on which a grant recipient first receives funds under this sec- tion, and annually thereafter, in accordance with paragraph (2), the watershed group shall submit to the Secretary a report that describes the progress of the watershed group. (2) RE Q UIRED DEGREE OF DETAIL.—The contents of an annual report required under paragraph (1) shall contain suffi- cient information to enable the Secretary to complete each report required under subsection (f), as determined by the Secretary. (f) REPORT.—Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall submit to the Committee on E nergy and Natural Resources of the Senate and the Committee on Natural Resources of the H ouse of Represent- atives a report that describes— (1) the ways in which the program assists the Secretary— (A) in addressing water conflicts (B) in conserving water; (C) in improving water quality; and ( D ) in improving the ecological resiliency of a river or stream; and (2) benefits that the program provides, including, to the maximum extent practicable, a quantitative analysis of eco- nomic, social, and environmental benefits. (g) AUTHORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated to carry out this section— (1) $ 2,000,000 for each of fiscal years 200 8 and 200 9 (2) $5,000,000 for fiscal year 2010; (3) $10,000,000 for fiscal year 2011; and ( 4 ) $20,000,000 for each of fiscal years 2012 through 2020.


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Page:United States Statutes at Large Volume 123.djvu/1190

 123STA T . 11 70PUBLIC LA W 111 – 11 —M A R .30, 200 9SEC.60 0 3 .E F FEC TO FS UB T I T L E. Nothing in thi s s ub tit leaf fe c tsthea p plicabilit y of any F e d e r al ,S tate, or local la w with respect to any watershed group .Subti t leB—Comp etiti v eSt a tu sf o rF e d eral E mplo y ees i nA las k a SEC. 6 1 01. CO MP ETITI V EST A TUS FO R CERTAI N FE D ERAL EMPLO Y EES INT H E STATE OF ALAS K A. Section 1308 of the A las k a National I nterest L ands C onser v a - tion Act ( 1 6U .S.C. 31 9 8 ) isa m ended by adding at the end the following

‘(e) C OMPETI TI V EST A T US . — ‘‘(1) I NG ENE R A L .—Nothing in subsection (a) provides that any person hired pursuant to the program established under that subsection is not eligible for competitive status in the same manner as any other employee hired as part of the competitive service. ‘‘( 2 ) R E D ESIGNATION O FC ERTAIN POSITIONS.— ‘‘(A) P ERSONS SERVING IN ORIGINAL POSITIONS.—Not later than 60 days after the date of enactment of this subsection, with respect to any person hired into a perma- nent position pursuant to the program established under subsection (a) who is serving in that position as of the date of enactment of this subsection, the Secretary shall redesignate that position and the person serving in that position as having been part of the competitive service as of the date that the person was hired into that position. ‘‘( B ) PERSONS NO LONGER SERVING IN ORIGINAL POSI- TIONS.— W ith respect to any person who was hired pursuant to the program established under subsection (a) that is no longer serving in that position as of the date of enact- ment of this subsection— ‘‘(i) the person may provide to the Secretary a re q uest for redesignation of the service as part of the competitive service that includes evidence of the employment and ‘‘(ii) not later than 90 days of the submission of a request under clause (i), the Secretary shall redesig- nate the service of the person as being part of the competitive service. ’ ’. Subtitle C— W olf L ivesto c k Loss D emonstration P ro j ect SEC. 6 2 01. DEFINITIONS. In this subtitle: (1) INDIAN TRI B E.— T he term ‘‘Indian tribe’’ has the meaning given the term in section 4 of the Indian Self- D etermination and E ducation Assistance Act (2 5 U.S.C. 450b). (2) LIVESTOC K .—The term ‘‘livestock’’ means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary. 7USC426note.D e adli ne s . 1 6USC1 0 1 5b .


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Page:United States Statutes at Large Volume 123.djvu/1191

 123STA T . 11 7 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)PROG R AM.—Thet e rm‘ ‘ p r og r a m ’ ’ mea ns the d emonstra - t i on program esta bl ished u nder se c tion 620 2(a). ( 4 ) SEC RE T AR I E S .—The term ‘‘Secretaries’’ means the Sec- retar y o f the I nterior and the Secretary of A griculture , acting j ointly. SEC.620 2. WOLF CO MP E N S ATI ON AN D P R E V ENTION PRO G RAM. (a) I NG ENERA L .—The Secretaries shall establish a 5 -year dem- onstration program to pro v ide grants to States and Indian tribes— ( 1 ) to assist livestoc k producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by w olves and (2) to compensate livestock producers for livestock losses due to such predation. (b) C RITERIA AN DR E QU IREMENTS.—The Secretaries shall— (1) establish criteria and re q uirements to implement the program; and (2) when promulgating regulations to implement the pro- gram under paragraph (1), consult with States that have imple- mented State programs that provide assistance to— (A) livestock producers to undertake proactive activities to reduce the risk of livestock loss due to predation by wolves; or ( B ) provide compensation to livestock producers for livestock losses due to such predation. (c) E LIGI B ILIT Y .—To be eligible to receive a grant under sub- section (a), a State or Indian tribe shall— (1) designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs funded by the grant; (2) establish 1 or more accounts to receive grant funds; (3) maintain files of all claims received under programs funded by the grant, including supporting documentation; (4) submit to the Secretary— (A) annual reports that include— (i) a summary of claims and e x penditures under the program during the year; and (ii) a description of any action taken on the claims; and (B) such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; and (5) promulgate rules for reimbursing livestock producers under the program. (d) ALLOCATION O FF UNDING.—The Secretaries shall allocate funding made available to carry out this subtitle— (1) equally between the uses identified in paragraphs (1) and (2) of subsection (a); and (2) among States and Indian tribes based on— (A) the level of livestock predation in the State or on the land owned by, or held in trust for the benefit of, the Indian tribe; (B) whether the State or Indian tribe is located in a geographical area that is at high risk for livestock preda- tion; or (C) any other factors that the Secretaries determine are appropriate. Regulations. Re p o r ts. Re c or d s. C onsultation. G rants.


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Page:United States Statutes at Large Volume 123.djvu/1192

 123STA T . 11 7 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(e)ELIG I B L ELAND.—Activ itie sandlo sses desc r i b edins u b - section (a) m a y occur on F ederal ,S tate, or p rivate land, or land o w ned by, or h eld in trust f or the benefit of, an I ndian tribe. (f) FEDE R AL COST S H ARE.— T he Federal share of the cost of any activity provided assistance made available under this subtitle shall not e x ceed 50 percent of the total cost of the activity. SEC.6203 . AUTHORIZ ATIO N O F A P PROPRIATIONS. There is authori z ed to be appropriated to carry out this subtitle $1 ,000,000 for fiscal year 2 00 9 and each fiscal year thereafter. Subti t leD—Pa le on tolo g i c al R e s ou r ces Preser v ation SEC. 630 1 . D EFINITIONS. In this subtitle (1) CAS U AL C OLLECTING.—The term ‘ ‘casual collectin g’ ’ means the collecting of a reasonable amount of common inverte- brate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non- powered hand tools resulting in only negligible disturbance to the Earth’s surface and other resources. As used in this paragraph, the terms ‘‘reasonable amount’’, ‘‘common inverte- brate and plant paleontological resources’’ and ‘‘negligible disturbance’’ shall be determined by the Secretary. (2) FEDERAL LAND.—The term ‘‘Federal land’’ means— (A) land controlled or administered by the Secretary of the Interior, except Indian land or ( B ) N ational Forest System land controlled or adminis- tered by the Secretary of Agriculture. ( 3 ) INDIAN LAND.—The term ‘‘Indian Land’’ means land of Indian tribes, or Indian individuals, which are either held in trust by the U nited States or sub j ect to a restriction against alienation imposed by the United States. ( 4 ) P ALEONTOLOGICAL RESOURCE.—The term ‘‘paleontolog- ical resource’’ means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth’s crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include— (A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological R esources Protection Act of 19 7 9(1 6 U.S.C. 470bb(1)); or (B) any cultural item (as defined in section 2 of the Native American G raves Protection and Repatriation Act (25 U.S.C. 3001)). (5) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture. (6) STATE.—The term ‘‘State’’ means the 50 States, the D istrict of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States. 16USC470a aa.


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Page:United States Statutes at Large Volume 123.djvu/1193

 123STA T . 11 7 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.6302 . MAN A G EMEN T . (a)INGE NE RAL.—TheS e cr e t ar ys ha l l m a n a g ean dp r o tect paleontolog i cal reso u rces on F ederal land using scienti f ic principles and e x pertise. The Secretary shall de v elop appropriate plans for inventory , monitoring, and the scientific and educational use of paleontological resources, in accordance w ith applica b le agency laws, regulations, and policies. These plans shall emphasi z e inter - agency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public. (b) CO OR DI NA T ION.—To the extent possible, the Secretary of the Interior and the Secretary of A griculture shall coordinate in the implementation of this subtitle. SEC. 6303. PUBLI CA W A R ENESS AN D EDUCATI O N PROGRAM. The Secretary shall establish a program to increase public awareness about the significance of paleontological resources. SEC. 630 4 . COLLECTION O F PALEONTOLOGICAL RESOURCES. (a) P ER M IT R E QU IREMENT.— ( 1 )IN G ENERAL.— E xcept as provided in this subtitle, a paleontological resource may not be collected from Federal land without a permit issued under this subtitle by the Secretary. ( 2 )CA S UAL C OLLECTING E X CE P TION.—The Secretary shall allow casual collecting without a permit on Federal land con- trolled or administered by the B ureau of L and M anagement, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle. ( 3 ) PRE V IOUS PERMIT EXCEPTION.— N othing in this section shall affect a valid permit issued prior to the date of enactment of this Act. (b) CRITERIA F OR ISSUANCE OF A PERMIT.—The Secretary may issue a permit for the collection of a paleontological resource pursu- ant to an application if the Secretary determines that— (1) the applicant is q ualified to carry out the permitted activity (2) the permitted activity is underta k en for the purpose of furthering paleontological knowledge or for public education; (3) the permitted activity is consistent with any manage- ment plan applicable to the Federal land concerned; and ( 4 ) the proposed methods of collecting will not threaten significant natural or cultural resources. (c) PERMIT SPECIFICATIONS.—A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this subtitle. Every permit shall include requirements that— (1) the paleontological resource that is collected from Fed- eral land under the permit will remain the property of the U nited States; (2) the paleontological resource and copies of associated records will be preserved for the public in an approved reposi- tory, to be made available for scientific research and public education; and 16USC470a aa –3. 16 USC 470aaa– 2 . Pl a ns. 16 USC 470aaa–1.


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Page:United States Statutes at Large Volume 123.djvu/1194

 123STA T . 11 74PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)specif ic lo c a li tyd ata w ill n ot b e r eleased by t h e per -m ittee or repository witho u t the written permission of the S ec- retary . (d) MODIF I CAT IO N, S USPE NSION, AND R E V OCATION OF P E RM ITS. — ( 1 ) T he Secretary may modify, suspend, or re v o k e a permit issued under this section— ( A ) for resource, safety, or other mana g ement consider- ations or ( B ) when there is a violation of term or condition of a permit issued pursuant to this section. ( 2 ) The permit shall be revoked if any person working under the authority of the permit is convicted under section 6 3 0 6 or is assessed a civil penalty under section 630 7 . (e) AREA CL OSURES.— I n order to protect paleontological or other resources or to provide for public safety, the Secretary may restrict access to or close areas under the Secretary ’ s j urisdiction to the collection of paleontological resources. SEC.6305 .C URATION O F RESOURCES. Any paleontological resource, and any data and records associ- ated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non- F ederal repositories regarding the curation of these resources, data, and records. SEC. 6306. P RO H I B ITE D ACTS CRI M INA L PENALTIES. (a) IN G ENERAL.—A person may not— (1) e x cavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this sub- title; (2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if the person knew or should have known such resource to have been excavated or removed from Federal land in viola- tion of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this subtitle; or (3) sell or purchase or offer to sell or purchase any paleon- tological resource if the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land. (b) FALSE L A B ELIN GO FFENSES.—A person may not make or submit any false record, account, or label for, or any false identifica- tion of, any paleontological resource excavated or removed from Federal land. (c) PENALTIES.—A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 1 8, U nited States Code, or imprisoned not more than 5 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $ 500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than 2 years, or both. 16USC470a aa –5. 16 USC 470aaa–4.


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Page:United States Statutes at Large Volume 123.djvu/1195

 123STA T . 11 75PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(d)MULTIP L EOF FE NS ES .—Inthecas e of a second o r s ub se q uent vi o l ation b y the sa m e p erson , the amount of the penalty assessed under subsection (c) may be doubled. (e) G ENE RA L EXC EPTI O N.— N othin g in subsection (a) shall apply to any person w ith respect to any paleontological resource which was in the lawful possession of such person prior to the date of enactment of this A ct. SEC.6307 .C IV I LP E NA L T IES. (a) IN GENERAL.— ( 1 ) H EARIN G .—A person who violates any prohibition con - tained in an applicable regulation or permit issued under this subtitle may be assessed a penalty by the S ecretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section. ( 2 )A M OUNT OF PENALT Y .— T he amount of such penalty assessed under paragraph (1) shall be determined under regula- tions promulgated pursuant to this subtitle, ta k ing into account the following factors (A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as deter- mined by the Secretary. ( B ) The cost of response, restoration, and repair of the resource and the paleontological site involved. ( C ) Any other factors considered relevant by the Sec- retary assessing the penalty. ( 3 ) MULTIPLE OFFENSES.—In the case of a second or subse- quent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled. ( 4 ) L IMITATION.—The amount of any penalty assessed under this subsection for any 1 violation shall not e x ceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered. (b) P ETITION FOR J U D ICIAL R E V IE W; COLLECTION OF U NPAID ASSESSMENTS.— (1) JUDICIAL REVIEW.—Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for j udicial review of the order in the United States D istrict Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 3 0 -day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record consid- ered as a whole. (2) F AILURE TO PAY.—If any person fails to pay a penalty under this section within 30 days— (A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or (B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment Records.D e a d lin es. Re gu la t ions. N oti f ication. 16USC470 aaa – 6.


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Page:United States Statutes at Large Volume 123.djvu/1196

 123STA T . 11 76PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ofthep e nal t y, the S e cr etary m ay re qu e s t the A ttorney G eneral to i nstitute a ci v il action in a d istrict court of the U nited States for any district in w hich the person if found, resides, or transacts b usiness, to collect the pen - alty ( plus interest at currently prevailin g rates from the date of the final order or the date of the final j udgment, as the case may be ).T he district court shall have jurisdic- tion to hear and decide any such action. I n such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings. (c) HEARINGS . — Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 5 5 4 of title 5, United States C ode. (d) USE OFR E C O V ERE D A M O U N T S.— P enalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows ( 1 ) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, and to protect, monitor, and study the resources and sites. ( 2 ) To provide educational materials to the public about paleontological resources and sites. ( 3 ) To provide for the payment of rewards as provided in section 6 3 08 . SEC.6308 . R E WA R D SA N D FO RFE ITU RE. (a) RE W ARDS.—The Secretary may pay from penalties collected under section 6306 or 630 7 or from appropriated funds— (1) consistent with amounts established in regulations by the Secretary or (2) if no such regulation e x ists, an amount up to 1⁄2 of the penalties, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. N o officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection. (b) F ORFEITURE.—All paleontological resources with respect to which a violation under section 6306 or 6307 occurred and which are in the possession of any person, shall be subject to civil for- feiture, or upon conviction, to criminal forfeiture. (c) TRANSFER OF SEI Z ED RESOURCES.—The Secretary may transfer administration of sei z ed paleontological resources to Fed- eral or non-Federal educational institutions to be used for scientific or educational purposes. SEC. 630 9 . CONFIDENTIA L IT Y . Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under sec- tion 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would— (1) further the purposes of this subtitle; 16USC470a aa –8. 16 USC 470aaa–7.


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Page:United States Statutes at Large Volume 123.djvu/1197

 123STA T . 11 7 7 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)notcrea ter isk o fh ar m to or theft or d estr u ction of the resource or the site containin g the resource and ( 3 ) b e in accordance w ith other a p p l icable laws .SEC.6310 . R E GULATION S. A s soon as practical after the date of enactment of this Act , the S ecretar y shall issue such regulations as are appropriate to carry out this subtitle, pro v iding opportunities for public notice and comment. SEC. 6311. SA V INGS P ROVISIONS. N othing in this subtitle shall be construed to — ( 1 ) invalidate, modify, or impose any additional restrictions or permitting re q uirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authori z ed by the aforementioned laws including but not limited to the F ederal L and P olicy M anagement Act ( 4 3 U .S. C . 1 70 1 – 17 8 4), Public Law 9 4–429 (commonly known as the ‘ ‘Mining in the Parks Act ’ ’) (1 6 U.S.C. 1901 et seq.), the Surface Mining Control and R eclamation Act of 1977 (30 U.S.C. 1201–13 5 8), and the O rganic Administration Act (16 U.S.C. 478, 482, 551); (2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under e x isting laws and authorities relating to reclamation and multiple uses of Federal land; (3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this subtitle; (4) affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land; (5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal land in addition to the protection provided under this subtitle; or (6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this subtitle. SEC. 631 2 . AUT H ORI Z ATION O F APPROPRIATIONS. T here are authorized to be appropriated such sums as may be necessary to carry out this subtitle. Subti t leE—Iz e m be kNa ti on al W il d li f e R efu g e L and E xch ange SEC. 6 4 01. D EFINITIONS. I n this subtitle
 * Alask

a .16USC 66 8d d note . 16 USC 470 aaa – 11. 16 USC 470aaa–10. N ot ic e. Pub lic co m ment. 16 USC 470aaa– 9.


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Page:United States Statutes at Large Volume 123.djvu/1198

 123STA T . 11 78PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)CORP OR ATI O N.—Thet e rm‘ ‘C o r p or a t i o n’ ’ mean s the K in g Co v e Corporation. ( 2 ) FED ERA L LAND.—The term ‘‘Fe d era l land’’ means— ( A ) the appro x imatel y 2 06 a c res o f Federal land located w ithin the R ef u ge , as generally depicted on the map and ( B ) the approximately 1,600 acres of Federal land located on S it k inak I sland, as generally depicted on the map. ( 3 ) M AP.—The term ‘‘map’’ means each of— (A) the map entitled ‘‘I z em b ek and Alaska P eninsula N ational W ildlife Refuges’’ and dated September 2, 200 8 and (B) the map entitled ‘‘Sitkinak Island – Alaska Maritime National Wildlife Refuge’’ and dated September 2, 2008. ( 4 ) NON -F EDERAL LAND.—The term ‘‘non-Federal land’’ means— (A) the approximately 43,0 9 3 acres of land owned by the State, as generally depicted on the map; and (B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5 ,430 acres of land for which the Corporation shall relin q uish the selec- tion rights of the Corporation under the Alaska Native Claims Settlement Act (43 U .S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map. (5) REF UG E.—The term ‘‘Refuge’’ means the Izembek National Wildlife Refuge. (6) SE C RETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 7 ) STATE.—The term ‘‘State’’ means the State of Alaska. (8) TRI B E.—The term ‘‘Tribe’’ means the Agdaagux Tribe of King Cove, Alaska. SEC.6402 . LAND E X C H AN G E. (a) IN G ENERAL.—Upon receipt of notification by the State and the Corporation of the intention of the State and the Corpora- tion to exchange the non-Federal land for the Federal land, sub j ect to the conditions and requirements described in this subtitle, the Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. The Federal land within the Refuge shall be transferred for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska. (b) CO M PLIANCE WIT H NATIONAL E N V IRONMENTAL POLICY ACT OF 1969 AND O THER APPLICABLE L A WS .— (1) IN GENERAL.—In determining whether to carry out the land exchange under subsection (a), the Secretary shall— (A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (B) except as provided in subsection (c), comply with any other applicable law (including regulations). (2) ENVIRONMENTAL IMPACT STATEMENT.— (A) IN GENERAL.—Not later than 60 days after the date on which the Secretary receives notification under subsection (a), the Secretary shall initiate the preparation of an environmental impact statement required under the Deadlin e .Not i f i c ation. K in gC o v e Co rp oration.


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Page:United States Statutes at Large Volume 123.djvu/1199

 123STA T . 11 79PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Nation a lE n v i r on me ntal P oli cyA cto f196 9 (42U.S . C .4 3 21 et s e q . ) . ( B ) REQUIR E M E NTS . —Th e environmental im p act state - ment prepare du nder su b para g raph (A) shall contain— (i) an analysis of— ( I ) the proposed land e x change and (II) the potential construction and operation of a road bet w een the communities of K ing Cove and Cold Bay , Alas k a; and (ii) an evaluation of a specific road corridor through the Refuge that is identified in consultation with the State, the City of King Cove, Alaska, and the Tribe. (3) C O O P ER A TIN G AGEN C IES.— (A) IN GENERA L .— D uring the preparation of the environmental impact statement under paragraph (2), each entity described in subparagraph (B) may participate as a cooperating agency. (B) AUT H ORI Z E D ENTITIES.—An authori z ed entity may include— (i) any F ederal agency that has permitting j urisdic- tion over the road described in paragraph (2)(B)(i)(II); (ii) the State; (iii) the Aleutians East Borough of the State; (iv) the City of King Cove, Alaska; (v) the Tribe; and (vi) the Alaska M igratory Bird Co-Management Council. (c) V ALUATION.—The conveyance of the Federal land and non- Federal land under this section shall not be subject to any require- ment under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land. (d) PU B LIC INTEREST DETERMINATION.— (1) CONDITIONS F OR LAND E X CHANGE.—Subject to para- graph (2), to carry out the land exchange under subsection (a), the Secretary shall determine that the land exchange (including the construction of a road between the City of King Cove, Alaska, and the Cold Bay Airport) is in the public interest. (2) L IMITATION OF AUTHORIT Y OF SECRETARY.—The Sec- retary may not, as a condition for a finding that the land exchange is in the public interest— (A) require the State or the Corporation to convey additional land to the United States; or (B) impose any restriction on the subsistence uses (as defined in section 80 3 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113)) of waterfowl by rural residents of the State. (e) KINZAROFF LAGOON.—The land exchange under subsection (a) shall not be carried out before the date on which the parcel of land owned by the State that is located in the Kinzaroff Lagoon has been designated by the State as a State refuge, in accordance with the applicable laws (including regulations) of the State. (f) DESIGNATION OF ROAD CORRIDOR.—In designating the road corridor described in subsection (b)(2)(B)(ii), the Secretary shall— (1) minimize the adverse impact of the road corridor on the Refuge; Waterfowl.


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Page:United States Statutes at Large Volume 123.djvu/1200

 123STA T . 11 80PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)transfe rt h e mi nim u ma c rea g e o f F e d era l land that is re q uired for the construction of the road corridor and ( 3 )tothema x imum extent p ractica b le , incorporate into the road corridor roads that are in existence as of the date of enactment of this A ct . (g) A D D IT I ONALTERMS AND C ONDITIONS. — The land exchange under subsection (a) shall be sub j ect to an y other term or condition that the S ecretary determines to be necessary. SEC.6403 . KING C OV E R O AD . (a) R E QU IREMENTS RELATIN G TO U SE, B ARRIER CA B LES, AND D IMENSIONS.— ( 1 ) L IMITATIONS ON USE.— (A) I N GENERAL.— E xcept as pro v ided in subparagraph (B), any portion of the road constructed on the Federal land conveyed pursuant to this subtitle shall be used pri - marily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommer- cial purposes. (B) E XC E P TIONS.— N ot w ithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organi z ed transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A). (C) REQUIREMENT O F AGREEMENT.—The limitations of the use of the road described in this paragraph shall be enforced in accordance with an agreement entered into between the Secretary and the State. (2) REQUIREMENT OF BARRIER CABLE.—The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled ‘ ‘ M itigation Measure MM – 11, K ing Cove Access P roject Final Environmental Impact Statement Record of Decision ’ ’ and dated J anuary 22, 2 0 0 4, unless a different type barrier is required as a mitigation measure in the Record of Decision for Final Environmental Impact Statement required in section 6 402(b)(2). (3) REQUIRED DIMENSIONS AND DESIGN FEATURES.—The road described in paragraph (1)(A) shall— (A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State; (B) be constructed with gravel; (C) be constructed to comply with any specific design features identified in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) as Mitigation Measures relative to the passage and migration of wildlife, and also the exchange of tidal flows, where applicable, in accordance with applicable Fed- eral and State design standards; and (D) if determined to be necessary, be constructed to include appropriate safety pullouts. (b) SUPPORT FACILITIES.—Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge. (c) FEDERAL PERMITS.—It is the intent of Congress that any Federal permit required for construction of the road be issued Deadlin e .


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Page:United States Statutes at Large Volume 123.djvu/1201

 123STA T . 11 8 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ordeni ed no tla ter t h an 1y ear a f ter the date of a p pli c ation for the per m it .( d )AP P LICAB L EL A W . —N othin g in thi s section amends , or modi - fies the application of, section 111 0 of the Alas k a National I nterest Lands C onser v ation Act (1 6U . S .C. 3 1 7 0). (e) M I T I G ATI ONP LAN.— (1) IN GENE R AL.— B ased on the eval u ation of impacts deter- mined through the completion of the environmental impact statement under section 6 4 0 2 ( b )(2), the Secretary, in consulta- tion w ith the entities described in section 6402(b)(3)(B), shall develop an enforceable mitigation plan. (2) CORRECTI V E M O D I F ICATION S .— T he Secretary may make corrective modifications to the mitigation plan developed under paragraph (1) if— (A) the mitigation standards re q uired under the mitiga- tion plan are maintained and (B) the Secretary provides an opportunity for public comment with respect to any proposed corrective modifica- tion. (3) AVOIDANCE OF WILDLIFE IMPACTS.— R oad construction shall adhere to any specific mitigation measures included in the Record of D ecision for F inal E nvironmental Impact State- ment required in section 6402(b)(2) that— (A) identify critical periods during the calendar year when the refuge is utili z ed by wildlife, especially migratory birds; and (B) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods in order to minimize impacts to wildlife, and (C) allow for the timely construction of the road. (4) MITIGATION OF WETLAND LOSS.—The plan developed under this subsection shall comply with section 404 of the Federal W ater Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest e x tent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and shall evaluate mitigating effect of those wetlands transferred in Federal ownership under the provisions of this subtitle. SEC.640 4. ADMIN IS TR ATI O NO F CON V E Y ED L ANDS. (1) FEDERAL LAND.—Upon completion of the land exchange under section 6402(a)— (A) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and (B) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast G uard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal. (2) NON-FEDERAL LAND.—Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be— (A) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and


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Page:United States Statutes at Large Volume 123.djvu/1202

 123STA T . 11 8 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)admin i ster edina c c o rdance w it h the l aws g enerall y a p plica b le to u nits o f the N ational W ildlife R efuge S ystem . ( 3 )W ILDERN E S S A DDI T I O NS. — ( A ) I N G ENERAL.— U pon completion of the land e x change under section 6402 (a) , approximately 43,0 9 3 acres of land as generally depicted on the map shall be added to— (i) the I z embe k National Wildlife Refuge Wilder - ness or (ii) the Alaska P eninsula National Wildlife Refuge Wilderness. (B) AD M INISTRATION.— T he land added as wilderness under subparagraph (A) shall be administered by the Sec- retary in accordance with the Wilderness Act ( 1 6 U.S. C . 1131 et se q .) and other applicable laws (including regula- tions). SEC.6405 . FAILUR E TOB E G I N ROA D CONSTRUCTION. (a) NOTI F I C ATION TO V OID L AND EX C H ANGE.—If the Secretary, the State, and the Corporation enter into the land exchange author- ized under section 6402(a), the State or the Corporation may notify the Secretary in writing of the intention of the State or Corporation to v oid the exchange if construction of the road through the Refuge has not begun. (b) D IS P OSITION OF LAND EXCHANGE.—Upon the latter of the date on which the Secretary receives a request under subsection (a), and the date on which the Secretary determines that the F ederal land conveyed under the land exchange under section 6402(a) has not been adversely impacted (other than any nominal impact associ- ated with the preparation of an environmental impact statement under section 6402(b)(2)), the land exchange shall be null and void. (c) RET U RN OF PRIOR OW NERSHIP STATUS OF FEDERAL AND NON-FEDERAL LAND.—If the land exchange is voided under sub- section (b)— (1) the Federal land and non-Federal land shall be returned to the respective ownership status of each land prior to the land exchange; (2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness; and (3) each selection of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was relinquished under this subtitle shall be reinstated. SEC. 6406. E XP IRATION OF LEGISLATI V E AUT H ORIT Y . (a) IN G ENERAL.—Any legislative authority for construction of a road shall expire at the end of the 7 -year period beginning on the date of the enactment of this subtitle unless a construction permit has been issued during that period. (b) EXTENSION OF AUTHORIT Y .—If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit. (c) EXTENSION OF AUTHORITY AS RESULT OF LEGAL CHAL- LENGES.— (1) IN GENERAL.—Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging 16USC 11 32note.


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Page:United States Statutes at Large Volume 123.djvu/1203

 123STA T . 11 8 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9theland e xc han g e or con s tr u ct i ono f the road ( including a challenge to the NEPAp rocess, decisions, or an y re q uired per m it process required to complete construction of the road ) , the 7- year deadline or the fi v e-year extension period, as appro- priate, shall b e extended for a time period equivalent to the time consumed by the full ad j udication of the legal challenge or related administrative process . ( 2 ) INJU N CTIO N. — After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5 -year extension, as appro- priate, shall be extended for a time period equivalent to time period that the injunction is in effect. (d) A P P L IC AB ILIT Y O FSE CTION 640 5.— U pon the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land o w nership shall revert to the respective ownership status prior to the land exchange as provided in section 6405. TI T LEV II —NA TI O NAL P A RKS ERVI C E A U T H ORI Z ATIONS S ubti t le A—A d diti ons tot h eN a tional Pa rk S y ste mSEC.70 0 1 . PAT E R S ONG REAT F A L LS NAT I ONAL H ISTORICAL PAR K, NE WJ ERSE Y . (a) D EFINITION S .—In this section ( 1 ) C ITY.— T he term ‘ ‘City ’ ’ means the City of Paterson, New J ersey. (2) CO M MISSION.—The term ‘‘Commission’’ means the Paterson G reat F alls National H istorical Par k Advisory Commission established by subsection (e)(1). ( 3 ) HISTO R IC D ISTRICT.—The term ‘‘Historic District’’ means the Great Falls Historic District in the State. (4) M ANA G EMENT PLAN.—The term ‘‘management plan’’ means the management plan for the Park developed under subsection (d). (5) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Paterson Great Falls National Historical Park – Proposed B oundary’’, numbered T03 /8 0,001, and dated May 2008. (6) PAR K .—The term ‘‘Park’’ means the Paterson Great Falls National Historical Park established by subsection (b)(1)(A). (7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (8) STATE.—The term ‘‘State’’ means the State of New Jersey. (b) PATERSON GREAT FALLS NATIONAL HISTORICAL PARK.— (1) ESTABLIS H MENT.— (A) IN GENERAL.—Subject to subparagraph (B), there is established in the State a unit of the National Park System to be known as the ‘‘Paterson Great Falls National Historical Park’’. 16USC4 1 0l ll .


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Page:United States Statutes at Large Volume 123.djvu/1204

 123STA T . 11 84PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)CONDIT ION SF O RE ST ABL IS HM ENT .—TheParks ha l l notb e establ i she du ntil the date on w hi c h the S ecretar y deter m ines that— (i)( I ) the Secretary has ac q uired su f ficient land or an interest in land within the boundary of the Park to constitute a mana g eable unit or (II) the State or City , asa p propriate, has entered into a written agreement with the Secretary to donate— (aa) the G reat F alls State Park, including facilities for Park administration and v isitor serv - ices; or (bb) any portion of the Great Falls State Park agreed to between the Secretary and the State or City; and (ii) the Secretary has entered into a written agree- ment with the State, City, or other public entity, as appropriate, providing that— (I) land owned by the State, City, or other public entity within the H istoric D istrict will be managed consistent with this section; and (II) future uses of land within the Historic District will be compatible with the designation of the Park. ( 2 )P U R P OSE.—The purpose of the Park is to preserve and interpret for the benefit of present and future generations cer- tain historical, cultural, and natural resources associated with the Historic District. ( 3 ) BOUNDARIES.—The Park shall include the following sites, as generally depicted on the M ap ( A ) The upper, middle, and lower raceways. (B) Mary E llen K ramer (Great Falls) Park and ad j acent land owned by the City. (C) A portion of U pper R aceway Park, including the Ivanhoe W heelhouse and the Society for Establishing Use- ful Manufactures Gatehouse. (D) O verlook Park and adjacent land, including the Society for Establishing Useful Manufactures Hydroelectric Plant and Administration Building. (E) The Allied Te x tile Printing site, including the Colt Gun Mill ruins, Mallory Mill ruins, Waverly Mill ruins, and Todd Mill ruins. (F) The Rogers L ocomotive Company Erecting Shop, including the Paterson Museum. (G) The Great Falls V isitor Center. ( 4 )A V AILABILIT Y OF MAP.—The Map shall be on file and available for public inspection in the appropriate offices of the N ational Park Service. ( 5 ) PUBLI C ATION OF NOTICE.—Not later than 60 days after the date on which the conditions in clauses (i) and (ii) of paragraph ( 1 )(B) are satisfied, the Secretary shall publish in the Federal Register notice of the establishment of the Park, including an official boundary map for the Park. (c) ADMINISTRATION.— (1) IN G ENERAL.—The Secretary shall administer the Park in accordance with— (A) this section; and Deadlin e .F ede r al R e g i st er ,pub li c ati o n. C ontracts.


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 123STA T . 11 85PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)thelawsg e n e r all y a p pl ic a b let ou nits o f the N ational P ar kS yste m, inclu d ing — (i) the National Park Ser v ice O rganic A ct( 16U. S. C . 1etse q .) and (ii) the Act of August 2 1,1 935 (16 U.S.C. 4 61 et seq.). (2) S TA T E A NDLOC AL JURIS DICTION.—Nothing in this sec - tion enlarges, diminishes, or modifies any authority of the State, or any political subdivision of the State (including the City)— (A)toe x ercise civil and criminal j urisdiction; or (B) to carry out State laws (including regulations) and rules on non- F ederal land located within the boundary of the Park. (3) COO P ERATI V EA G REE M ENTS.— (A) I N GENERAL.—As the Secretary determines to be appropriate to carry out this section, the Secretary may enter into cooperative agreements with the owner of the G reat Falls V isitor Center or any nationally significant properties within the boundary of the Park under which the Secretary may identify, interpret, restore, and provide technical assistance for the preservation of the properties. (B) R IG H TO F ACCESS.—A cooperative agreement entered into under subparagraph (A) shall provide that the Secretary, acting through the D irector of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of— (i) conducting visitors through the properties; and (ii) interpreting the properties for the public. (C) CHANGES OR ALTERATIONS.—No changes or alter- ations shall be made to any properties covered by a coopera- tive agreement entered into under subparagraph (A) unless the Secretary and the other party to the agreement agree to the changes or alterations. (D) CONVERSION, USE, OR DISPOSAL.—Any payment made by the Secretary under this paragraph shall be sub- ject to an agreement that the conversion, use, or disposal of a project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in amount equal to the greater of— (i) the amounts made available to the project by the United States; or (ii) the portion of the increased value of the project attributable to the amounts made available under this paragraph, as determined at the time of the conversion, use, or, disposal. ( E ) M ATCHING FUNDS.— (i) IN GENERAL.—As a condition of the receipt of funds under this paragraph, the Secretary shall require that any Federal funds made available under a cooperative agreement shall be matched on a 1-to- 1 basis by non-Federal funds. (ii) FORM.— W ith the approval of the Secretary, the non-Federal share required under clause (i) may


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 123STA T . 11 86PUBLIC LA W 111 – 11 —M A R .3 0, 200 9beinth e form of d on a ted p ropert y,g ood s ,orser v i c es from a non -F edera l so u rce .(4)ACQUIS I T I ON O FLA N D . — (A) I N GE NE R AL.— T he S ecretary may ac q uire land or interests in land w ithin the boundary of the P ar k by dona- tion, purchase from a willing seller with donated or appro- priated funds, or e x change. ( B ) D ONATION OF STATE O W NED LAND.— L and or interests in land owned by the State or any political sub- division of the State may only be acquired by donation. ( 5 ) TEC H NICAL ASSISTANCE AND P U B LIC INTERPRETATION.— The Secretary may provide technical assistance and public interpretation of related historic and cultural resources within the boundary of the H istoric District. (d) M ANAGE M ENT PLAN.— ( 1 ) IN GENERAL.— N ot later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary, in consultation with the C ommission, shall complete a management plan for the Park in accordance with— (A) section 1 2 (b) of Public Law 9 1 – 3 8 3 (commonly known as the ‘ ‘National Park Service G eneral Authorities Act ’ ’) (1 6U .S.C. 1a– 7 (b)) and (B) other applicable laws. (2) COST SHARE.—The management plan shall include provisions that identify costs to be shared by the Federal Government, the State, and the City, and other public or private entities or individuals for necessary capital improvements to, and maintenance and operations of, the Park. (3) SUBMISSION TO CONGRESS.— O n completion of the management plan, the Secretary shall submit the management plan to— (A) the Committee on E nergy and Natural R esources of the Senate; and (B) the Committee on Natural Resources of the House of Representatives. (e) PATERSON GREAT FALLS NATIONAL HISTORICAL PAR K AD V ISOR Y COMMISSION.— (1) ESTABLISHMENT.—There is established a commission to be known as the ‘‘Paterson Great Falls National Historical Park Advisory Commission’’. (2) DUTIES.—The duties of the Commission shall be to advise the Secretary in the development and implementation of the management plan. (3) MEMBERSHIP.— (A) COMPOSITION.—The Commission shall be composed of 9 members, to be appointed by the Secretary, of whom— (i) 4 members shall be appointed after consider- ation of recommendations submitted by the Governor of the State; (ii) 2 members shall be appointed after consider- ation of recommendations submitted by the City Council of Paterson, New J ersey; (iii) 1 member shall be appointed after consider- ation of recommendations submitted by the Board of Chosen Freeholders of Passaic County, New Jersey; and Deadlin e .


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 123STA T . 11 87PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(iv)2me m b e rs s hal lhavee xp erie nc e w i t h nati o nal par k san d historic preservation . ( B ) INIT I AL A P P O INT ME NT S . —T he S ecretar y shall appoint the initial members o f the C ommission not later than the earlier of— (i) the date that is 30 days after the date on which the Secretary has received all of the rec - ommendations for appointments u nder subpara g raph ( A ) or (ii) the date that is 30 days after the P ark is established in accordance with subsection (b). ( 4 )TE R M; V A C ANCIES.— (A) TERM.— (i) IN G ENERAL.—A member shall be appointed for a term of 3 years. (ii) R EAPPOINTMENT.—A member may be re- appointed for not more than 1 additional term. (B) V ACANCIES.—A vacancy on the Commission shall be filled in the same manner as the original appointment was made. ( 5 ) M EETINGS.—The Commission shall meet at the call of— (A) the Chairperson; or (B)ama j ority of the members of the Commission. ( 6 ) QU ORUM.—A majority of the Commission shall con- stitute a q uorum. ( 7 )C H AIRPERSON AN D VICE CHAIRPERSON.— (A) IN GENERAL.—The Commission shall select a Chair- person and Vice Chairperson from among the members of the Commission. (B) VICE CHAIRPERSON.—The Vice Chairperson shall serve as Chairperson in the absence of the Chairperson. (C) TERM.—A member may serve as Chairperson or Vice Chairman for not more than 1 year in each office. ( 8 ) COMMISSION PERSONNEL MATTERS.— (A) COMPENSATION O F MEM B ERS.— (i) IN GENERAL.—Members of the Commission shall serve without compensation. (ii) TRAVEL E X PENSES.—Members of the Commis- sion shall be allowed travel expenses , including per diem in lieu of subsistence, at rates authori z ed for an employee of an agency under subchapter I of chapter 57 of title 5, U nited States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. (B) STAFF.— (i) IN GENERAL.—The Secretary shall provide the Commission with any staff members and technical assistance that the Secretary, after consultation with the Commission, determines to be appropriate to enable the Commission to carry out the duties of the Commission. (ii) D ETAIL OF EMPLO Y EES.—The Secretary may accept the services of personnel detailed from— (I) the State; (II) any political subdivision of the State; or Deadlin e .


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 123STA T . 11 8 8 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I II )anye n ti ty r e p re s ente do nt h e C o m mis - sion . ( 9 ) FA CA NO N AP P LIC A B ILI TY . —S e c tion 14 ( b )o f the Federa l Ad v isory Committee Act ( 5U .S.C. App.) shall not apply to the Commission. (1 0 ) TERM INATION.—The Commission shall terminate 10 years after the date of enactment of this Act. (f) ST UD YO FH INC H LIFFE STADIUM.— (1) IN G ENERAL.— N ot later than 3 fiscal years after the date on w hich f u nds are made available to carry out this section , the Secretary shall complete a study re g arding the preservation and interpretation of Hinchliffe Stadium, which is listed on the National R egister of Historic P laces. ( 2 ) INCLU S IONS.—The study shall include an assessment of— (A) the potential for listing the stadium as a National Historic L andmar k; and ( B ) options for maintaining the historic integrity of Hinchliffe Stadium. (g) AUTHORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section. SEC.70 0 2 . WIL LI AMJ E F FE R S ON CLIN T ON B IRT HP LACE HOME NATIONAL HISTORIC SITE. (a) AC Q UISITION OF PROPERTY; E STABLISHMENT OF HISTORIC SITE.—Should the Secretary of the Interior ac q uire, by donation only from the Clinton Birthplace Foundation, Inc., fee simple, unencumbered title to the W illiam J efferson Clinton Birthplace Home site located at 11 7 South Hervey Street, Hope, Arkansas, 71 8 01, and to any personal property related to that site, the Sec- retary shall designate the William Jefferson Clinton Birthplace Home site as a National Historic Site and unit of the National Park System, to be known as the ‘ ‘President William Jefferson Clinton Birthplace Home National Historic Site ’ ’. (b) APPLICABILITY OF O THER LA W S.—The Secretary shall admin- ister the President William Jefferson Clinton Birthplace Home National Historic Site in accordance with the laws generally applicable to national historic sites, including the Act entitled ‘‘An Act to establish a National Park Service, and for other purposes’’, approved August 25, 191 6 (16 U.S.C. 1 – 4), and the Act entitled ‘‘An Act to provide for the preservation of historic American sites, buildings, ob j ects and antiquities of national significance, and for other purposes’’, approved August 21, 1935 (16 U.S.C. 461 et seq.). SEC. 700 3 .RI V ER RAISIN NATIONAL BATTLEFIEL D PAR K . (a) ESTABLISHMENT.— (1) IN GENERAL.—If M onroe County or Wayne County, Michigan, or other willing landowners in either County offer to donate to the United States land relating to the Battles of the River Raisin on January 18 and 22, 1813, or the after- math of the battles, the Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall accept the donated land. (2) D ESIGNATION OF PAR K .—On the acquisition of land under paragraph (1) that is of sufficient acreage to permit efficient administration, the Secretary shall designate the acquired land as a unit of the National Park System, to be Mich i gan.16USC430v v. Ark an s as. 16USC461n ote . D ea dl ine.


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 123STA T . 11 89PUBLIC LA W 111 – 11 —M A R .3 0, 2009 know n asthe‘ ‘ Riv e r Raisin N ationa lB attle f iel dP ark ’ ’ ( referred to in this se c tion as the ‘‘Park’’ ). ( 3 ) LEGALD E SCRIPT I ON . — ( A ) I N GENERAL.— T he S ecretar y shall p repare a le g al description of the land and interests in land designated as the Park b y paragraph ( 2 ). (B) A V AILA B ILIT Y O FM AP AND LEGAL DESCRIPTION.— A m ap with the legal description shall be on file and available for p u blic inspection in the appropriate offices of the National Park Service. (b) ADMINISTRATION.— ( 1 ) IN GENERAL.—The Secretary shall manage the Park for the purpose of preserving and interpreting the Battles of the River Raisin in accordance with the National Park Service O rganic Act (1 6U .S. C . 1etse q .) and the Act of August 21 , 1 9 3 5 (16 U.S.C. 4 61 et seq.). (2) G ENERAL MANAGEMENT PLAN.— (A) IN GENERAL.—Not later than 3 years after the date on which funds are made available, the Secretary shall complete a general management plan for the Park that, among other things, defines the role and responsibility of the Secretary with regard to the interpretation and the preservation of the site. (B) CONS U LTATION.—The Secretary shall consult with and solicit advice and recommendations from State, county, local, and civic organi z ations and leaders, and other interested parties in the preparation of the management plan. (C) INCLUSIONS.—The plan shall include— (i) consideration of opportunities for involvement by and support for the Park by State, county, and local governmental entities and nonprofit organizations and other interested parties and (ii) steps for the preservation of the resources of the site and the costs associated with these efforts. ( D ) SUBMISSION TO CONGRESS.—On the completion of the general management plan, the Secretary shall submit a copy of the plan to the Committee on Natural Resources of the H ouse of Representatives and the Committee on E nergy and Natural Resources of the Senate. (3) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with State, county, local, and civic organizations to carry out this section. (c) REPORT.—Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House a report describing the progress made with respect to acquiring real property under this section and designating the River Raisin National Battlefield Park. (d) AUT H ORI Z ATION OF APPROPRIATIONS.—There are authorized to be appropriated such sums as are necessary to carry out this section. Deadlin e .


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 123STA T . 11 90PUBLIC LA W 111 – 11 —M A R .30, 2009 Subti t leB—Am e nd ment s t oEx istin gU nits o f t h e Na tional P a rk S y stem SEC.710 1. FUNDI N G F ORK E W EEN A WNA T IONA LH ISTORICAL P ARK. (a)ACQUIS I T I ON O FPR O PE RT Y.—Section4 o f P ubl ic L a w102–5 4 3 (1 6U .S. C . 410 y y–3) i s a m en d edbyst r i k in g subsection (d). (b) MA TC H IN GF UN D S.—Section 8 (b) of Public Law 102–543 (16 U.S.C. 410yy– 7 (b)) is amended by striking ‘ ‘ $ 4 ’ ’ and inserting ‘‘$1’’. (c) AUTHORI Z ATION OF APPROPRIATIONS.—Section 10 of Public Law 102–543 (16 U.S.C. 410yy– 9 ) is amended— (1) in subsection (a)— (A) by striking ‘‘$25 , 000,000’’ and inserting ‘‘$50,000,000’’ and ( B ) by striking ‘‘$3,000,000’’ and inserting ‘‘$25,000,000’’; and (2) in subsection (b), by striking ‘‘$100,000’’ and all t h at follows through ‘‘those duties’’ and inserting ‘‘$250,000’’. SEC. 710 2 . LOCATION OF V ISITOR AND AD M INISTRATIVE FACILITIES FOR WEIR FARM NATIONAL HISTORIC SITE. Section 4(d) of the W eir Farm N ational H istoric Site E stablish - ment Act of 1990 (16 U.S.C. 461 note) is amended— (1) in p aragraph (1)(B), by striking ‘‘contiguous to’’ and all that follows and inserting ‘‘within Fairfield County.’’; (2) by amending paragraph (2) to read as follows ‘‘(2) D E V E L OP M ENT.— ‘‘(A) MAINTAINING NATURAL CHARACTER.— T he Sec- retary shall keep de v elopment of the property ac q uired under paragraph (1) to a minimum so that the character of the acquired property will be similar to the natural and undeveloped landscape of the property described in subsection (b). ‘‘(B) TREATMENT OF PREVIOUSLY DEVELOPED PROP- ERTY.—Nothing in subparagraph (A) shall either prevent the Secretary from acquiring property under paragraph (1) that, prior to the Secretary’s acquisition, was developed in a manner inconsistent with subparagraph (A), or require the Secretary to remediate such previously developed prop- erty to reflect the natural character described in subpara- graph (A).’’; and (3) in paragraph (3), in the matter preceding subparagraph (A), by striking ‘‘the appropriate z oning authority’’ and all that follows through ‘‘Wilton, Connecticut,’’ and inserting ‘‘the local governmental entity that, in accordance with applicable State law, has j urisdiction over any property acquired under para- graph (1)(A)’’. SEC. 710 3 . LITTLE RIVER CAN Y ON NATIONAL PRESERVE B OUNDARY E X PANSION. Section 2 of the Little R iver Canyon National Preserve Act of 1992 (16 U.S.C. 698q) is amended— (1) in subsection (b)— (A) by striking ‘‘The Preserve’’ and inserting the fol- lowing: ‘‘(1) I N GENERAL.—The Preserve’’; and 16USC4 61 note.


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 123STA T . 11 9 1 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (B)byad d ing a t t he end the fol lo w ing

‘( 2 )B OUNDARYEXP AN SI ON .—T he bo u nda r yofthe P re s er v e is m odified to in c lude the land de p icted on the map entitled ‘ L ittle R iver C anyon N ational Preserve Proposed Boundary ’, numbered 15 2 /80 ,00 4, and dated D ecember 200 7 .’’ and (2) in subsection (c), by stri k ing ‘‘map’’ and inserting ‘‘maps’’. SEC.7104 . HOP E W E L LC U L T U R E NA T I ONAL HISTORICAL PAR KB OUN D AR Y E X PANSION. S ection 2 of the A ct entitled ‘‘An Act to rename and e x pand the boundaries of the M ound City G roup National Monument in O hio’’, approved May 27, 1 9 92 (10 6 Stat. 185), is amended— (1) by striking ‘‘and’’ at the end of subsection (a)( 3 ); (2) by striking the period at the end of subsection (a)(4) and inserting ‘‘; and’’; (3) by adding after subsection (a)(4) the following new paragraph: ‘‘(5) the map entitled ‘ H opewell Culture National Historical Park, Ohio Proposed Boundary Ad j ustment’ numbered 353/ 80,049 and dated J une, 2006.’’; and (4) by adding after subsection (d)(2) the following new paragraph: ‘‘(3) The Secretary may ac q uire lands added by subsection (a)(5) only from willing sellers.’’. SEC. 710 5 . J EAN LA F ITTE NATIONAL HISTORICAL PARK AND PRESER V E BOUNDARY ADJUST M ENT. (a) I N GENERA L .—Section 901 of the National Parks and Recre - ation Act of 1978 (16 U .S.C. 230) is amended in the second sentence by striking ‘‘of approximately twenty thousand acres generally depicted on the map entitled ‘Barataria Marsh Unit-Jean Lafitte National Historical Park and Preserve’ numbered 90,000B and dated April 1978,’’ and inserting ‘‘generally depicted on the map entitled ‘Boundary Map, Barataria Preserve Unit, Jean Lafitte National Historical Park and Preserve’, numbered 467/80100A, and dated December 2007,’’. (b) A CQ UISI T ION O F LAND.—Section 902 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230a) is amended— (1) in subsection (a)— (A) by striking ‘‘(a) W ithin the’’ and all that follows through the first sentence and inserting the following: ‘‘(a) IN GENERAL.— ‘‘(1) BARATARIA PRESER V E UNIT.— ‘‘(A) IN G ENERAL.—The Secretary may acquire any land, water, and interests in land and water within the Barataria Preserve Unit by donation, purchase with donated or appropriated funds, transfer from any other F ederal agency, or exchange. ‘‘(B) LI M ITATIONS.— ‘‘(i) IN GENERAL.—Any non-Federal land depicted on the map described in section 901 as ‘Lands Proposed for Addition’ may be acquired by the Secretary only with the consent of the owner of the land. ‘‘(ii) BOUNDARY AD J USTMENT.—On the date on which the Secretary acquires a parcel of land described in clause (i), the boundary of the Barataria Preserve Unit shall be adjusted to reflect the acquisition. 16USC4 1 0u u – 1 .Ohio .


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 123STA T . 11 9 2 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 ‘ ‘ (i ii )EASEM E NT S .—Toensur e ad e q ua t e h urri c ane p rotection o f the co m munities l ocated in the area , an y land identified on the map descri b ed in section 901 that is acquired or transferred shall be sub j ect to any easements that ha v ebeena g reed to by the S ecretary and the Secretary of the A rmy. ‘‘( C )T R ANS F ER O FA D M I NISTRATION JU RISDI C TION.— Effective on the date of enactment of the O mnibus P ublic L and M anagement Act of 2 009, administrative jurisdiction over any F ederal land w ithin the areas depicted on the map described in section 901 as ‘Lands Proposed for Addi - tion ’ is transferred, without consideration, to the adminis- trative jurisdiction of the N ational Par k Service, to be administered as part of the B arataria Preserve U nit.’’ (B) in the second sentence, by striking ‘‘The Secretary may also acquire by any of the foregoing methods’’ and inserting the following ‘‘(2) FRENC HQ UARTER.—The Secretary may acquire by any of the methods referred to in paragraph (1)(A)’’; (C) in the third sentence, by striking ‘‘Lands, waters, and interests therein’’ and inserting the following: ‘‘( 3 ) ACQUISITION OF STATE L AND.—Land, water, and interests in land and water’’; and ( D ) in the fourth sentence, by striking ‘‘ I n acquiring’’ and inserting the following: ‘‘( 4 ) ACQUISITION OF OIL AND G AS RIGHTS.—In acquiring’’; (2) by striking subsections (b) through (f) and inserting the following: ‘‘(b) R ESOURCE PROTECTION.— W ith respect to the land, water, and interests in land and water of the Barataria Preserve Unit, the Secretary shall preserve and protect— ‘‘(1) fresh water drainage patterns; ‘‘(2) vegetative cover; ‘‘(3) the integrity of ecological and biological systems; and ‘‘(4) water and air quality. ‘‘(c) ADJACENT LAND.—With the consent of the owner and the parish governing authority, the Secretary may— ‘‘(1) acquire land, water, and interests in land and water, by any of the methods referred to in subsection (a)(1)(A) (including use of appropriations from the Land and Water Conservation Fund); and ‘‘(2) revise the boundaries of the Barataria Preserve Unit to include adjacent land and water.’’; and (3) by redesignating subsection (g) as subsection (d). (c) DEFINITION OF IM P RO V ED PROPERT Y .—Section 903 of the National Parks and Recreation Act of 19 78 (1 6 U.S.C. 230b) is amended in the fifth sentence by inserting ‘‘(or J anuary 1, 2007, for areas added to the park after that date)’’ after ‘‘January 1, 1977’’. (d) H UNTING, FISHING, AND TRAPPING.—Section 90 5 of the National Parks and Recreation Act of 1978 (16 U.S.C. 230d) is amended in the first sentence by striking ‘‘, e x cept that within the core area and on those lands acquired by the Secretary pursuant to section 902(c) of this title, he’’ and inserting ‘‘on land, and interests in land and water managed by the Secretary, except that the Secretary’’. Ef f ectiv e da te .


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 123STA T . 11 9 3 PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (e)ADMIN I STRA TI O N .—S e ction906 o f t h e Na tiona lP a rks an dR ecreation Act of 1 9 78 (16 U .S. C . 23 0e)isa m ended— (1) by strikin g the first sentence and (2) in the second sentence , by striking ‘ ‘Pending s u ch establishment and thereafter the ’ ’ and inserting ‘‘ T he’’. (f) R EF EREN C ES IN L A W .— (1) I N G ENERA L .—Any reference in a la w (including regula - tions), ma p, document, paper, or other record of the United States— (A) to the B arataria M arsh Unit shall be considered to be a reference to the Barataria Preser v e Unit; or (B) to the J ean Lafitte National H istorical Park shall be considered to be a reference to the Jean Lafitte National Historical Park and Preserve. (2) CONFORMING AMENDMENTS.—Title I X of the National Parks and Recreation Act of 1978 (16 U.S.C. 230 et se q .) is amended— (A) by striking ‘‘Barataria Marsh Unit’’ each place it appears and inserting ‘‘Barataria Preserve Unit’’; and (B) by striking ‘‘Jean Lafitte National Historical Park’’ each place it appears and inserting ‘‘Jean Lafitte National Historical Park and Preserve’’. SEC.7106 . MINUT EM A N NATI O NA LH ISTO R ICAL P AR K . (a) D EFINITIONS.—In this section (1) MA P .—The term ‘‘map’’ means the map entitled ‘‘Minute Man National Historical Park Proposed Boundary’’, numbered 4 06 / 81001, and dated July 2007. (2) PAR K .—The term ‘‘Park’’ means the Minute Man National Historical Park in the State of Massachusetts. (3) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. (b) MIN U TE MAN NATIONAL HISTORICAL PARK.— (1) BOUNDARY AD J USTMENT.— (A) IN GENERAL.—The boundary of the Park is modified to include the area generally depicted on the map. (B) A V AILA B ILITY OF MAP.—The map shall be on file and available for inspection in the appropriate offices of the National Park Service. (2) AC Q UISITION OF LAND.—The Secretary may acquire the land or an interest in the land described in paragraph (1)(A) by— (A) purchase from willing sellers with donated or appropriated funds; (B) donation; or (C) e x change. (3) ADMINISTRATION OF LAND.—The Secretary shall admin- ister the land added to the Park under paragraph (1)(A) in accordance with applicable laws (including regulations). (c) AUT H ORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section. SEC. 7107. E V ER G LA D ES NATIONAL PARK. (a) INCLUSION OF TARPON BASIN PROPERTY.— (1) DEFINITIONS.—In this subsection: (A) HURRICANE HOLE.—The term ‘‘Hurricane Hole’’ means the natural salt-water body of water within the Florida.16USC4 1 0 r –9 . M a s sa chu s et ts. 16 USC 410t n ote. 16 USC 23 0, 230a, 230h. 16 USC 230 b , 230d. 16 USC 230 note, 231–231b. 16 USC 230 note.


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 123STA T . 11 94PUBLIC LA W 111 – 11 —M A R .3 0, 2009 Dues e nb u ryT r act s of t h e eastern p arce l of the Tarpon B as i n boun d ary ad j ust m ent and accessed by Duesenbury C ree k.( B )MAP . — The term ‘ ‘map ’ ’ means the map entitled ‘‘ P roposed Tarpon Basin Boundary R e v ision’’ , numbered 160/8 0,01 2, and dated May 2008. (C) SECR E T AR Y .—The term ‘‘Secretary’’ means the Sec - retary of the I nterior. (D) TARP ONB A SI N PROPERTY.—The term ‘‘Tarpon Basin property’’ means land that— (i) is comprised of appro x imately 600 acres of land and w ater surroundin gH urricane Hole, as generally depicted on the map and (ii) is located in South K ey L argo. (2) BO U N D ARY RE V ISION.— ( A )IN G ENERA L .—The boundary of the E verglades N ational Park is adjusted to include the Tarpon Basin property. (B) AC Q UISITION AUT H ORITY.—The Secretary may ac q uire from willing sellers by donation, purchase with donated or appropriated funds, or exchange, land, water, or interests in land and water, within the area depicted on the map, to be added to Everglades National Park. (C) AVAILABILITY O FM AP.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (D) ADMINISTRATION.—Land added to Everglades National Park by this section shall be administered as part of Everglades National Park in accordance with applicable laws (including regulations). ( 3 ) HURRICANE HOLE.—The Secretary may allow use of Hurricane Hole by sailing vessels during emergencies, subject to such terms and conditions as the Secretary determines to be necessary. ( 4 ) AUTHORI Z ATION OF APPROPRIATIONS.—There are author- i z ed to be appropriated such sums as are necessary to carry out this subsection. (b) LAND E X CHANGES.— (1) DEFINITIONS.—In this subsection (A) COMPANY.—The term ‘‘Company’’ means F lorida Power & Light Company. (B) FEDERAL LAND.—The term ‘‘Federal Land’’ means the parcels of land that are— (i) owned by the U nited States; (ii) administered by the Secretary; (iii) located within the National Park; and (iv) generally depicted on the map as— (I) Tract A, which is adjacent to the Tamiami Trail, U.S. Rt. 41; and (II) Tract B, which is located on the eastern boundary of the National Park. (C) MAP.—The term ‘‘map’’ means the map prepared by the National Park Service, entitled ‘‘Proposed Land Exchanges, Everglades National Park’’, numbered 160/ 60411A, and dated September 2008. (D) NATIONAL PAR K .—The term ‘‘National Park’’ means the Everglades National Park located in the State.


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 123STA T . 11 95PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (E)NON-FED E RAL LAND .—Thet e rm‘ ‘ no n- F e d er al land ’ ’ mean s the land i n the S tate that— (i)iso w ned by the State , the s p e c i f ic area and location of which shall be determined by the State or (ii)( I ) is owned by the C ompany; (II) comprises appro x imately 320 acres; and (III) is located within the East E v er g lades A c qu isi- tion Area, as generally depicted on the map as ‘‘Tract D ’’. (F) SE C RE T AR Y .—The term ‘‘Secretary’’ means the Sec- retary of the Interior. ( G ) STATE.—The term ‘‘State’’ means the State of Florida and political subdivisions of the State, including the South Florida W ater M anagement District. (2) L AND E X C H AN G E WI TH S TATE.— (A) IN GENERAL.—Sub j ect to the provisions of this para- graph, if the State offers to convey to the Secretary all right, title, and interest of the State in and to specific parcels of non-Federal land, and the offer is acceptable to the Secretary, the Secretary may, subject to valid existing rights, accept the offer and convey to the State all right, title, and interest of the U nited States in and to the Federal land generally depicted on the map as ‘‘Tract A’’. ( B ) CONDITIONS.—The land exchange under subpara- graph (A) shall be subject to such terms and conditions as the Secretary may require. (C) V AL U ATION.— (i) IN GENERAL.—The values of the land involved in the land exchange under subparagraph (A) shall be equal. (ii) E Q UALI Z ATION.—If the values of the land are not equal, the values may be equali z ed by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land. (D) A P PRAISALS.—Before the exchange of land under subparagraph (A), appraisals for the Federal and non-Fed- eral land shall be conducted in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of P rofessional Appraisal Practice. (E) TECHNICAL CORRECTIONS.—Subject to the agree- ment of the State, the Secretary may ma k e minor correc- tions to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non- Federal land. (F) AD M INISTRATION OF LAND ACQUIRED B Y SEC- RETARY.—Land acquired by the Secretary under subpara- graph (A) shall— (i) become part of the National Park; and (ii) be administered in accordance with the laws applicable to the National Park System. (3) LAND EXCHANGE WITH COMPANY.— (A) IN GENERAL.—Subject to the provisions of this para- graph, if the Company offers to convey to the Secretary all right, title, and interest of the Company in and to


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 123STA T . 11 96PUBLIC LA W 111 – 11 —M A R .3 0, 2009 theno n -F e d e ral land g enerall y de pic ted on the m apa s‘ ‘ T ract D’ ’, and the o f fer is accepta b le to the S ecretary, the Secretary may, s u b j ect to v alid e x isting rights, accept the offer and convey to the C ompany all right, title, and interest of the U nited States in and to the Federal land generally depicted on the map as ‘‘Tract B ’’, along w ith a perpetual easement on a corridor of land contiguous to Tract B for the purpose of vegetation management .( B ) C ONDIT ION S . — The land exchange under subpara- graph ( A ) shall be subject to such terms and conditions as the Secretary may re q uire. (C) VALU ATION.— (i) I N GE NE R AL.—The values of the land involved in the land exchange under subparagraph (A) shall be equal unless the non-Federal land is of higher value than the Federal land. (ii) EQ UALI Z ATION.—If the values of the land are not equal, the values may be equali z ed by donation, payment using donated or appropriated funds, or the conveyance of additional parcels of land. (D) A P PRAISAL.—Before the exchange of land under subparagraph (A), appraisals for the Federal and non-Fed- eral land shall be conducted in accordance with the Uniform Appraisal Standards for Federal L and Acquisitions and the Uniform Standards of P rofessional Appraisal Practice. (E) TE CH NICAL CORRECTIONS.—Subject to the agree- ment of the Company, the Secretary may ma k e minor corrections to correct technical and clerical errors in the legal descriptions of the Federal and non-Federal land and minor adjustments to the boundaries of the Federal and non-Federal land. (F) AD M INISTRATION O F LAND ACQUIRED BY SEC- RETARY.—Land acquired by the Secretary under subpara- graph (A) shall— (i) become part of the N ational Park and (ii) be administered in accordance with the laws applicable to the National Park System. ( 4 ) M AP.—The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. ( 5 ) BOUNDARY RE V ISION.— O n completion of the land exchanges authorized by this subsection, the Secretary shall adjust the boundary of the National Park accordingly, including removing the land conveyed out of Federal ownership. SEC.7108 . KAL A UP APA N A TIO NAL H ISTO R ICAL PARK. (a) IN G ENERAL.—The Secretary of the Interior shall authorize K a ‘Ohana O Kalaupapa, a non-profit organization consisting of patient residents at Kalaupapa National H istorical Park, and their family members and friends, to establish a memorial at a suitable location or locations approved by the Secretary at Kalawao or Kalaupapa within the boundaries of Kalaupapa National Historical Park located on the island of Molokai, in the State of Hawaii, to honor and perpetuate the memory of those individuals who were forcibly relocated to Kalaupapa Peninsula from 186 6to1 9 69. (b) DESIGN.— Haw a i i .16USC4 1 0j j – 4 note . K a ‘Oh ana OKa l a up apa. Es ta b lish m ent.


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 123STA T . 11 97PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (1)INGE NE RAL.—Them em orial a ut hori z e dbys ubse c tio n (a) shall— ( A ) dis p lay in an appropriate manner the names o f the first 5,0 00 indi v iduals sent to the K alaupapa P eninsula bet w een 1 86 6and18 9 6, most of whom lived at Kalawao and ( B ) display in an appropriate manner the names of the appro x imately 3 ,000 individuals who arrived at Kalaupapa in the second part of its history, when most of the community was concentrated on the Kalaupapa side of the peninsula. ( 2 )A P PR OV AL.—The location, size, desi g n, and inscriptions of the memorial authorized by subsection (a) shall be sub j ect to the approval of the S ecretary of the Interior. (c) FU N DI NG.—Ka ‘O hana O Kalaupapa, a nonprofit organiza - tion, shall be solely responsible for acceptance of contributions for and payment of the expenses associated with the establishment of the memorial. SEC.7109 . BO S T O NHAR BOR I S L AN D S NATIONAL RECREATION AREA. (a) C OOPERA T IVE AGREE M ENT S .—Section 1029(d) of the Omni- bus Par k s and Public L ands M anagement Act of 1996 (16 U .S.C. 4 60kkk(d)) is amended by striking paragraph (3) and inserting the following ‘‘(3) AGREEMENTS.— ‘‘(A) D E F INITION OF ELIGI B LE ENTIT Y .—In this para- graph, the term ‘eligible entity ’ means— ‘‘(i) the Commonwealth of Massachusetts; ‘‘(ii) a political subdivision of the Commonwealth of Massachusetts; or ‘‘(iii) any other entity that is a member of the Boston H arbor Islands Partnership described in sub- section (e)(2). ‘‘(B) AUT H ORITY OF SE C RETARY.—Subject to subpara- graph (C), the Secretary may consult with an eligible entity on, and enter into with the eligible entity— ‘‘(i) a cooperative management agreement to ac q uire from, and provide to, the eligible entity goods and services for the cooperative management of land within the recreation area; and ‘‘(ii) notwithstanding section 6305 of title 31, United States Code, a cooperative agreement for the construction of recreation area facilities on land owned by an eligible entity for purposes consistent with the management plan under subsection (f). ‘‘(C) CONDITIONS.—The Secretary may enter into an agreement with an eligible entity under subparagraph (B) only if the Secretary determines that— ‘‘(i) appropriations for carrying out the purposes of the agreement are available; and ‘‘(ii) the agreement is in the best interests of the United States.’’. (b) TECHNICAL AMENDMENTS.— (1) MEMBERSHIP.—Section 1029(e)(2)(B) of the Omnibus Parks and Public Lands Management Act of 1996 (16 U.S.C. 460kkk(e)(2)(B)) is amended by striking ‘‘Coast G uard’’ and inserting ‘‘Coast Guard.’’. Mas sa chu s et ts .