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 123STA T . 112 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (f)EXCEPTION.—Notwi t hs t and in g th e withd r awa l ins ub se c tion (a) , the S ecretar ym ay lease oil and gas resources in the W yoming R ange Withdrawal A rea that are within 1 mile of the boundary of the Wyoming Range Withdrawal Area in accordance with the M ineral L easing Act ( 30U .S. C . 1 8 1etse q .) and sub j ect to the following conditions (1) T he lease may only be accessed by directional drilling from a lease held by p roduction on the date of enactment of this Act on National F orest System land that is adjacent to, and outside of, the Wyoming Range Withdrawal Area. ( 2 ) The lease shall prohibit, without e x ception or wai v er, surface occupancy and surface disturbance for any activities, including activities related to exploration, development, or production. (3) The directional drilling may extend no further than 1 mile inside the boundary of the Wyoming Range Withdrawal Area. SEC.320 3. A CCE PT A N CE OF T H E D ONAT I ON OF V A L IDE X ISTIN GM INING O R LEASING RIGHTS IN THE WY OMING RANGE. (a) NOTI F IC A TION OF LEA S E H O LD E R S.—Not later than 120 days after the date of enactment of this Act, the Secretary shall provide notice to holders of valid existing mining or leasing rights within the Wyoming Range Withdrawal Area of the potential opportunity for repurchase of those rights and retirement under this section. (b) RE QU EST FOR LEASE RETIRE M ENT.— (1) I N G ENERAL.—A holder of a valid existing mining or leasing right within the Wyoming Range Withdrawal Area may submit a written notice to the Secretary of the interest of the holder in the retirement and repurchase of that right. (2) LIST OF INTERESTED HOLDERS.—The Secretary shall pre - pare a list of interested holders and ma k e the list available to any non-Federal entity or person interested in acquiring that right for retirement by the Secretary. (c) P ROHI B ITION.—The Secretary may not use any Federal funds to purchase any right referred to in subsection (a). (d) D ONATION AUTHORIT Y .—The Secretary shall— (1) accept the donation of any valid existing mining or leasing right in the Wyoming Range Withdrawal Area from the holder of that right or from any non-Federal entity or person that acquires that right and (2) on acceptance, cancel that right. (e) RELATIONSHIP TO O THER AUTHORITY.—Nothing in this sub- title affects any authority the Secretary may otherwise have to modify, suspend, or terminate a lease without compensation, or to recogni z e the transfer of a valid existing mining or leasing right, if otherwise authorized by law. Subti t leD—LandCo n v e y an c e s and Ex c h an g es SEC. 330 1 . LAND CONVEYANCE TO CITY OF COFFMAN COVE , ALAS K A. (a) DEFINITIONS.—In this section: (1) CITY.—The term ‘ ‘City ’ ’ means the city of Coffman Cove, Alaska. Deadlin e .


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 123STA T . 113 0PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)SECR E TA R Y.—Thet e rm‘ ‘Se c ret a r y’ ’ mea ns the Secretary ofAg r i c ul ture. ( b ) CONV EYANCE.— ( 1 ) I N G ENERA L .—Sub j ect to v ali d e x isting rights , the Sec - retary shall convey to the City, w ithout consideration and by q uitclaim deed all right, title, and interest of the U nited States, exce p t as provided in paragraphs ( 3 )and( 4 ),inandtothe parcel of N ational F orest System land described in paragraph (2). (2) D E S CR IP TION O F LAN D .— (A) IN GENERAL.—The parcel of National Forest System land referred to in paragraph (1) is the approximately 12 acres of land identified in U.S. Survey 1 0 0 9 9, as depicted on the plat entitled ‘‘Subdivision of U.S. Survey No. 10099’’ and recorded as P lat 2003 – 1on J anuary 21, 2003, Peters- burg R ecording District, Alas k a. ( B ) EX CL U DED LAND.—The parcel of National Forest System land conveyed under paragraph (1) does not include the portion of U.S. Survey 10099 that is north of the right-of-way for Forest Development Road 3030–29 5 and southeast of Tract CC– 8 . (3) RIG H T-OF- W AY.—The United States may reserve a right- of-way to provide access to the National Forest System land excluded from the conveyance to the City under paragraph (2)(B). (4) REVERSION.—If any portion of the land conveyed under paragraph (1) (other than a portion of land sold under para- graph (5)) ceases to be used for public purposes, the land shall, at the option of the Secretary, revert to the United States. (5) CONDITIONS ON SU B SE Q UENT CONVEYANCES.—If the City sells any portion of the land conveyed to the City under para- graph (1)— (A) the amount of consideration for the sale shall reflect fair market value, as determined by an appraisal and (B) the City shall pay to the Secretary an amount equal to the gross proceeds of the sale, which shall be available, without further appropriation, for the Tongass National Forest. SEC.3 3 02 . B E AV E RH EA D- DEER LO D G E N A TI ONAL F OREST LAND CONVE Y ANCE ,M ONTANA. (a) DEFINITIONS.—In this section (1) COUNTY.—The term ‘‘County’’ means Jefferson County, M ontana. (2) MAP.—The term ‘‘map’’ means the map that is— (A) entitled ‘‘Elkhorn Cemetery’’; (B) dated May 9, 2005; and (C) on file in the office of the Beaverhead-Deerlodge National Forest Supervisor. (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. (b) CONVEYANCE TO JEFFERSON COUNTY, MONTANA.— (1) CONVEYANCE.—Not later than 180 days after the date of enactment of this Act and subject to valid existing rights, the Secretary (acting through the Regional Forester, Northern Region, Missoula, Montana) shall convey by quitclaim deed Deadlin e .P a ym en ts. Ap p r aisal.

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Page:United States Statutes at Large Volume 123.djvu/1151

 123STA T . 1131 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9to t heC o un t yf o r no c on sid er a tion , a l lri g ht, title, and interest of the U nited S tates, e x ce p taspro v ided in paragraph (5), in and to the parcel of land descri b ed in paragraph ( 2 ) . (2) DESCRIPT I ON O FLA N D . —T he parcel of land referred to in paragraph ( 1 ) is the parcel of approxi m ately 9 . 67 acres of N ational F orest System land (including any improvements to the land) in the County that is k no w nasthe ‘ ‘ E lkhorn Cemetery ’ ’, as generally depicted on the map. ( 3 ) USE OF LAND.— A s a condition of the conveyance under paragraph (1), the County shall— (A) use the land described in paragraph (2) as a County cemetery and ( B ) agree to manage the cemetery with due consider - ation and protection for the historic and cultural values of the cemetery, under such terms and conditions as are agreed to by the Secretary and the County. ( 4 ) EASE M ENT.— I n conveying the land to the County under paragraph (1), the Secretary, in accordance with applicable law, shall grant to the County an easement across certain National Forest System land, as generally depicted on the map, to provide access to the land conveyed under that para- graph. (5) R E V ERSION.—In the q uitclaim deed to the County, the Secretary shall provide that the land conveyed to the County under paragraph (1) shall revert to the Secretary, at the election of the Secretary, if the land is— (A) used for a purpose other than the purposes described in paragraph (3)(A); or (B) managed by the County in a manner that is incon- sistent with paragraph (3)(B). SEC.3 3 0 3.S ANT A F E NAT IO NA L FO R EST ECOS NATIONAL H ISTOR - ICAL PAR K LAN D E X CHAN G E. (a) DEFINITIONS.—In this section (1) FEDERAL LAND.—The term ‘‘Federal land’’ means the approximately 16 0 acres of Federal land within the Santa Fe National Forest in the State, as depicted on the map. (2) L ANDO W NER.—The term ‘‘landowner’’ means the 1 or more owners of the non-Federal land. (3) M AP.—The term ‘‘map’’ means the map entitled ‘‘ P ro- posed Land Exchange for Pecos National H istorical Park’’, num- bered 430 /8 0,054, dated November 19, 1999, and revised Sep- tember 18, 2000. (4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means the approximately 154 acres of non-Federal land in the Park, as depicted on the map. (5) PAR K .—The term ‘‘Park’’ means the Pecos National Historical Park in the State. (6) SECRETARIES.—The term ‘‘Secretaries’’ means the Sec- retary of the Interior and the Secretary of Agriculture, acting j ointly. (7) STATE.—The term ‘‘State’’ means the State of New Mexico. (b) LAND E X C H AN G E.— (1) IN GENERAL.—If the Secretary of the Interior accepts the non-Federal land, title to which is acceptable to the Sec- retary of the Interior, the Secretary of Agriculture shall, subject NewM e xico.
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 123STA T . 1132 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9to t hec o ndi tion s o f this section a nd the N ationa lE n v i r on m ental P olic yA ct of 196 9 (42U.S . C . 4 3 21etse q . ), convey to the lando w ner the F ederal land. (2) E ASEM E NT . — (A) I N G ENE R A L .—As a condition of the conveyance of the non - Federal land, the landowner may reserve an easement (incl u din g an easement for service access) for water p ipelines to 2 well sites located in the Par k ,as generally depicted on the map. ( B ) ROU TE.— T he Secretary of the Interior and the land- owner shall determine the appropriate route of the ease- ment through the non-Federal land. (C) TERMS AN DC OND I TIONS.—The easement shall include such terms and conditions relating to the use of, and access to, the well sites and pipeline, as the Secretary of the Interior and the landowner determine to b e appro- priate. ( D )A P PLICA B LE LA W .—The easement shall be estab- lished, operated, and maintained in compliance with applicable Federal, State, and local laws. (3) V ALUATION, APPRAISALS, AND E Q UALI Z ATION.— (A) IN GENERAL.—The value of the Federal land and non-Federal land— (i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B) or (ii) if the value is not equal, shall be equali z ed in accordance with subparagraph (C). (B) APPRAISALS.— (i) IN GENERAL.—The Federal land and non-Fed- eral land shall be appraised by an independent appraiser selected by the Secretaries. (ii) REQUIREMENTS.—An appraisal conducted under clause (i) shall be conducted in accordance with— (I) the Uniform Appraisal Standards for Fed- eral L and Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice. (iii) APPRO V AL.—The appraisals conducted under this subparagraph shall be submitted to the Secretaries for approval. (C) EQUALIZATION O F VALUES.— (i) IN GENERAL.—If the values of the non-Federal land and the Federal land are not equal, the values may be equalized in accordance with section 2 0 6of the Federal Land Policy and M anagement Act of 19 7 6 (43 U.S.C. 1716). (ii) CAS H EQUALIZATION PA Y MENTS.—Any amounts received by the Secretary of Agriculture as a cash equalization payment under section 206(b) of the Fed- eral Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)) shall— (I) be deposited in the fund established by Public Law 90 – 171 (commonly known as the ‘ ‘Sisk Act ’ ’) (16 U.S.C. 4 8 4a); and


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 123STA T . 1133 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I I )beav a il able for e xp e nd i tu re ,w it h out fur - ther appropriation, for the a cq ui s ition of land and interests in land in the S tate . ( 4 ) COST S. —B efore the co m pletion of the exchan g e under this subsection, the Secretaries and the landowner shall enter into an agreement that allocates the costs of the exchange among the Secretaries and the landowner. ( 5 ) AP P LICAB L E LA W .— E xcept as otherwise provided in this section, the exchange of land and interests in land under this section shall be in accordance with— (A) section 206 of the F ederal L and P olic y and M anage- ment Act of 197 6(4 3U .S.C. 1716) and (B) other applicable Federal, State, and local laws. (6) A D DITIO N AL TE RM S AND CONDITIONS.— T he Secretaries may require, in addition to any requirements under this section, such terms and conditions relating to the exchange of Federal land and non-Federal land and the granting of easements under this section as the Secretaries determine to be appropriate to protect the interests of the United States. (7) COMPLETION O F T H EE X CHAN G E.— (A) IN GENERAL.—The exchange of Federal land and non-Federal land shall be completed not later than 1 8 0 days after the later of— (i) the date on which the requirements of the N ational Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) have been met; (ii) the date on which the Secretary of the Interior approves the appraisals under paragraph (3)(B)(iii); or (iii) the date on which the Secretaries and the landowner agree on the costs of the exchange and any other terms and conditions of the exchange under this subsection. (B) NOTICE.—The Secretaries shall submit to the Com- mittee on Energy and Natural R esources of the Senate and the Committee on Resources of the H ouse of Represent- atives notice of the completion of the exchange of Federal land and non-Federal land under this subsection. (c) ADMINISTRATION.— (1) IN GENERAL.—The Secretary of the Interior shall admin- ister the non-Federal land acquired under this section in accord- ance with the laws generally applicable to units of the National Par k System, including the Act of August 25, 1916 (commonly known as the ‘ ‘National Park Service O rganic Act ’ ’) (16 U.S.C. 1 et seq.). (2) MAPS.— (A) IN GENERAL.—The map shall be on file and avail- able for public inspection in the appropriate offices of the Secretaries. (B) TRANSMITTAL OF RE V ISED MAP TO CONGRESS.—Not later than 180 days after completion of the exchange, the Secretaries shall transmit to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives a revised map that depicts— (i) the Federal land and non-Federal land exchanged under this section; and Deadlin e . Deadline. Co n tr a c t s .


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 123STA T . 113 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(i i )the e as e m e n t d es cr i b edins u bsecti o n (b)( 2 ) .SEC.3 3 04 . S ANT A F E NAT IO NA L FO R EST LAN D CON V E Y ANCE , NE WM E X ICO. (a) DEFIN I T I O N S . —I n this section ( 1 ) CLA I M .— T he term ‘ ‘C l aim ’ ’ means a claim o f the Claim - ants to an y ri g ht , title, or interest in any land located in lot 1 0, sec.22,T.1 8N ., R. 12 E ., Ne wM e x ico P rinci p al Meridian, S an Miguel County, New Mexico, except as pro v ided in subsection (b)(1). (2) CLAIMANTS.—The term ‘‘Claimants’’ means Ramona L awson and B oyd Lawson. ( 3 ) F E D E R AL LAND.—The term ‘‘Federal land’’ means a parcel of National Forest System land in the Santa Fe National Forest, New Mexico, that is— ( A ) comprised of approximately 6 .20 acres of land and (B) described and delineated in the survey. ( 4 )SE C RETAR Y .—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Forest Service Regional For- ester, Southwestern Region. ( 5 )S U R V EY.—The term ‘‘survey’’ means the survey plat entitled ‘‘Boundary Survey and Conservation Easement Plat’’, prepared by Chris A. Chave z , Land Surveyor, Forest Service, NMPLS 12 79 3, and recorded on February 27, 2007, at boo k 55, page 93, of the land records of San Miguel County, New Mexico. (b) SANTA FE NATIONAL FOREST LAND CONVEYANCE.— (1) IN G ENERAL.—The Secretary shall, except as provided in subparagraph (A) and sub j ect to valid existing rights, convey and q uitclaim to the Claimants all right, title, and interest of the U nited States in and to the Federal land in exchange for— (A) the grant by the Claimants to the United States of a scenic easement to the Federal land that— (i) protects the purposes for which the Federal land was designated under the W ild and Scenic Rivers Act (16 U.S.C. 1271 et seq.); and (ii) is determined to be acceptable by the Secretary; and (B) a release of the United States by the Claimants of— (i) the Claim; and (ii) any additional related claims of the Claimants against the United States. (2) SURVEY.—The Secretary, with the approval of the Claimants, may make minor corrections to the survey and legal description of the Federal land to correct clerical, typo- graphical, and surveying errors. (3) SATISFACTION OF CLAIM.—The conveyance of Federal land under paragraph (1) shall constitute a full satisfaction of the Claim. SEC. 330 5 . K ITTITAS CO U NTY, WAS H IN G TON, LAND CONVEYANCE. (a) CONVEYANCE RE Q UIRED.—The Secretary of Agriculture shall convey, without consideration, to the K ing and Kittitas Counties Fire District #51 of King and Kittitas Counties, Washington (in this section referred to as the ‘‘District’’), all right, title, and interest of the United States in and to a parcel of National Forest System


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 123STA T . 113 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9landi n K i t tita sCou nt y,W as h in g ton, c onsisting o f a p p r o x i m at e ly 1.5 acres w ithin the S W 1⁄4 oftheS E 1⁄4 of section 4, township 2 2 north, range 11 east, Willamette meridian, for the purpose of permitting the D istrict to use the parcel as a site for a new Sno q ualmie P ass fire and rescue station. (b)REV E RSIONA R YI N T EREST. — If the Secretary determines at any time that the real property con v eyed under subsection (a) is not being used in accordance with the purpose of the conveyance specified in such subsection, all right, title, and interest in and to the property shall revert, at the option of the Secretary, to the U nited States, and the United States shall have the right of immediate entry onto the property. A ny determination of the Secretary under this subsection shall be made on the record after an opportunity for a hearing. (c) S U RVEY.—If necessary, the exact acreage and legal descrip - tion of the lands to be conveyed under subsection (a) shall be determined by a survey satisfactory to the Secretary. T he cost of a survey shall be borne by the District. (d) A D DITIONA L TER M S AND CONDITIONS.—The Secretary may require such additional terms and conditions in connection with the conveyance under subsection (a) as the Secretary considers appropriate to protect the interests of the United States. SEC.3 3 06 . MA MM OTH COMM UNI T YW ATE RD ISTRICT USE RESTRIC - TIONS. N otwithstanding Public L aw 90– 1 7 1 (commonly k nown as the ‘ ‘Sisk Act ’ ’) (1 6 U.S.C. 4 8 4a), the approximately 3 6.25 acres patented to the M ammoth County Water District (now known as the ‘‘Mam- moth Community Water District’’) by Patent No. 04–87–0038, on J une 26, 1987, and recorded in volume 482, at page 516, of the official records of the Recorder’s O ffice, Mono County, California, may be used for any public purpose. SEC. 330 7 . L AND E X CHAN G E , WASATCH-CACHE NATIONAL F OREST, UTAH. (a) DE F INITIONS.—In this section (1) CITY.—The term ‘‘City’’ means the City of B ountiful, Utah. (2) F EDERAL LAND.—The term ‘‘Federal land’’ means the land under the j urisdiction of the Secretary identified on the map as ‘‘Shooting Range Special Use Permit Area’’. (3) MA P .—The term ‘‘map’’ means the map entitled ‘‘Bounti- ful City Land Consolidation Act’’ and dated October 15, 2007. (4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’ means the 3 parcels of City land comprising a total of approxi- mately 1,680 acres, as generally depicted on the map. (5) SE C RETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture. (b) E X C H AN G E.—Subject to subsections (d) through (h), if the City conveys to the Secretary all right, title, and interest of the City in and to the non-Federal land, the Secretary shall convey to the City all right, title, and interest of the United States in and to the Federal land. (c) AVAILA B ILITY OF MAP.—The map shall be on file and avail- able for public inspection in the appropriate offices of the Forest Service. (d) V ALUATION AND E Q UALI Z ATION.—


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 123STA T . 113 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)VALU A TION.—Thevalu e oft he F e d e r al la n d and the non - Federal land to b e c onve y ed under s ubsect i on (b)— ( A )shallbee q ual , as deter m ined by a p praisals carried out in accordance w ith section 206 of the Federal L and P olicy and M ana g ement Act of 1 97 6( 43U . S . C . 1716) or ( B ) if not equal, shall be equali z ed in accordance with paragraph (2). (2) EQ UALI Z ATION.— I f the value of the Federal land and the non-Federal land to be conveyed in a land e x change under this section is not equal, the value may be equalized by— (A) ma k ing a cash equalization payment to the Sec- retary or to the City, as appropriate; or (B) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (e) A P PLI C A B L E LA W .—Section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) shall apply to the land exchange authorized under subsection (b), except that the Secretary may accept a cash equalization payment in excess of 2 5 percent of the value of the Federal land. (f) CON D ITION S .— (1) LIABILIT Y .— (A) IN G ENE R AL.—As a condition of the exchange under subsection (b), the Secretary shall— (i) require that the City— (I) assume all liability for the shooting range located on the Federal land, including the past, present, and future condition of the Federal land; and (II) hold the United States harmless for any liability for the condition of the Federal land; and (ii) comply with the hazardous substances disclo- sure requirements of section 120(h) of the Comprehen- sive Environmental R esponse, Compensation, and Liability Act of 19 8 0 (42 U.S.C. 9620(h)). (B) LI M ITATION.—Clauses (ii) and (iii) of section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9620(h)(3)(A)) shall not apply to the conveyance of Federal land under subsection (b). (2) ADDITIONAL TERMS AND CONDITIONS.—The land exchange under subsection (b) shall be sub j ect to— (A) valid existing rights; and (B) such additional terms and conditions as the Sec- retary may require. (g) MANAGEMENT O F ACQUIRED LAND.—The non-Federal land acquired by the Secretary under subsection (b) shall be— (1) added to, and administered as part of, the W asatch- Cache N ational Forest; and (2) managed by the Secretary in accordance with— (A) the Act of March 1, 1911 (commonly known as the ‘ ‘Weeks Law ’ ’) (16 U.S.C. 480 et seq.); and (B) any laws (including regulations) applicable to the National Forest System. (h) EASEMENTS; RIG H TS-OF-WAY.— (1) BONNE V ILLE SHORELINE TRAIL EASEMENT.—In carrying out the land exchange under subsection (b), the Secretary shall


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 123STA T . 113 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9ensur e tha t an ease m ent n o t l ess than 60f eet i n w i d th is reser v ed for the B onneville S horeline T rail .(2)OTHER R IG HT S-OF - WAY . — The Se c retar y and the C ity may reserve any other ri g hts-of-way for utilities , roads, and trails that— ( A ) are mutually agreed to b y the Secretary and the City and (B) the Secretary and the City consider to be in the p ublic interest. (i) D IS P OSA L OF R E M AI N ING F E D ERAL L AND.— ( 1 ) I N GENERAL.—The Secretary may, by sale or e x change, dispose of all, or a portion of, the parcel of N ational Forest System land comprising approximately 220 acres, as generally depicted on the map that remains after the conveyance of the Federal land authori z ed under subsection (b), if the Sec- retary determines, in accordance with paragraph (2), that the land or portion of the land is in excess of the needs of the National Forest System. (2) RE QU IREMENTS.—A determination under paragraph (1) shall be made— (A) pursuant to an amendment of the land and resource management plan for the W asatch-Cache National Forest; and (B) after carrying out a public process consistent with the National E nvironmental P olicy Act of 1 9 69( 4 2 U .S.C. 4 3 21etse q .). (3) CONSIDERATION.—As consideration for any conveyance of Federal land under paragraph (1), the Secretary shall require payment of an amount equal to not less than the fair mar k et value of the conveyed National Forest System land. (4) RELATION TO OTHER LAWS.—Any conveyance of Federal land under paragraph (1) by exchange shall be sub j ect to section 206 of the Federal Land Policy and M anagement Act of 19 7 6 (43 U.S.C. 1716). ( 5 ) DISPOSITION OF PRO C EEDS.—Any amounts received by the Secretary as consideration under subsection (d) or para- graph (3) shall be— (A) deposited in the fund established under Public Law 90 – 171 (commonly known as the ‘ ‘Sisk Act ’ ’) (16 U.S.C. 4 8 4a); and (B) available to the Secretary, without further appro- priation and until expended, for the acquisition of land or interests in land to be included in the Wasatch-Cache National Forest. (6) ADDITIONAL TERMS AND CONDITIONS.—Any conveyance of Federal land under paragraph (1) shall be subject to— (A) valid existing rights; and (B) such additional terms and conditions as the Sec- retary may require. SEC.3 3 08 . BOUNDARY AD J US TM ENT ,F RAN K C H URCH R IV EROFNO RETURN W I L DERNESS. (a) PURPOSES.—The purposes of this section are— (1) to adjust the boundaries of the wilderness area; and (2) to authorize the Secretary to sell the land designated for removal from the wilderness area due to encroachment. (b) DEFINITIONS.—In this section
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 123STA T . 113 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)LAND D ESIG NA T ED FOR E XCLU SION .—Thet e rm‘ ‘ land de sig nated fo re xc l u sion ’ ’ means the p arcel of land that is— ( A ) comprised of approximatel y 1 0 . 2 acres of land ( B ) generally depicted on the sur v ey plat entitled ‘‘ P ro - posed Boundary C hange F C RON R WS ections 1 5 (unsurveyed) To w nship 1 4 North , Range 1 3E ast, B. M ., Custer County, I daho’’ and dated Novem b er 14, 2001; and (C) more particularly described in the survey plat and legal description on file in— (i) the office of the Chief of the Forest Service, Washington, D C; and (ii) the office of the Intermountain Regional For- ester, Ogden, U tah. (2) LAND DESIGNATED FOR INCLUSION.—The term ‘‘land des- ignated for inclusion’’ means the parcel of National Forest System land that is— (A) comprised of approximately 10.2 acres of land; (B) located in unsurveyed section 22, T. 14 N., R. 13 E., Boise Meridian, Custer County, Idaho; (C) generally depicted on the map entitled ‘‘Challis National Forest, T.14 N., R. 13 E., B.M., Custer County, Idaho, Proposed Boundary Change FCRONRW’’ and dated September 1 9, 200 7 (D) more particularly described on the map and legal description on file in— (i) the office of the Chief of the Forest Service, Washington, DC; and (ii) the Intermountain Regional Forester, Ogden, Utah. (3) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of Agriculture. (4) WILDERNESS AREA.—The term ‘‘wilderness area’’ means the Fran k Church River of No Return Wilderness designated by section 3 of the Central Idaho Wilderness Act of 19 8 0(1 6 U.S.C. 1132 note; 94 Stat. 948). (c) BOUNDARY AD J UST M ENT.— (1) ADJUSTMENT TO W ILDERNESS AREA.— (A) INCLUSION.—The wilderness area shall include the land designated for inclusion. (B) EXCLUSION.—The wilderness area shall not include the land designated for exclusion. (2) CORRECTIONS TO LEGAL DESCRI P TIONS.—The Secretary may make corrections to the legal descriptions. (d) CON V EYANCE OF LAND DESIGNATED FOR EXCLUSION.— (1) IN GENERAL.—Sub j ect to paragraph (2), to resolve the encroachment on the land designated for exclusion, the Sec- retary may sell for consideration in an amount e q ual to fair market value— (A) the land designated for exclusion; and (B) as the Secretary determines to be necessary, not more than 10 acres of land adjacent to the land designated for exclusion. (2) CONDITIONS.—The sale of land under paragraph (1) shall be subject to the conditions that— (A) the land to be conveyed be appraised in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions;
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 123STA T . 113 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (B)thep e rsonbuyi n g the la n d shall pay — (i) the c osts associated w ith appraising and , i f the land needs to be resur v eyed, resurveying the land and (ii) any analyses and closing costs associated with the conveyance; ( C ) for m anagement purposes, the S ecretary may recon - figure the description of the land for sale; and ( D ) the owner of the ad j acent private land shall have the first opportunity to buy the land . ( 3 )D ISPO SI T IO N O F P R O CE E D S.— ( A ) I N G ENER AL .— T he Secretary shall deposit the cash proceeds from a sale of land under paragraph ( 1 )inthe fund established under P ublic L aw 90– 1 7 1 (commonly k nown as the ‘ ‘Sisk Act ’ ’) (1 6U .S.C. 48 4a). (B) A V AILA B ILIT Y AND U SE.—Amounts deposited under subparagraph (A)— (i) shall remain available until e x pended for the ac q uisition of land for N ational F orest purposes in the State of Idaho; and (ii) shall not be subject to transfer or reprogram- ming for— (I) wildland fire management; or (II) any other emergency purposes. SEC.3 3 09 . S ANDI A PU E BLO LAND E X C H AN G E T ECHNICAL A M END - MENT. Section 413(b) of the T’uf Shur Bien Preservation Trust Area Act (16 U.S.C. 5 39m–11) is amended— (1) in paragraph (1), by inserting ‘‘3,’’ after ‘‘sections’’; and ( 2 ) in the first sentence of paragraph (4), by inserting ‘‘, as a condition of the conveyance,’’ before ‘‘remain’’. Subti t leE—Co lo rad o N ort h er nF ront R an g e Stud y SEC. 3 4 0 1 .PU R POSE. The purpose of this subtitle is to identify options that may be available to assist in maintaining the open space characteristics of land that is part of the mountain backdrop of communities in the northern section of the Front R ange area of Colorado. SEC. 340 2 .DE F INITIONS. In this subtitle (1) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service. (2) STATE.—The term ‘‘State’’ means the State of Colorado. (3) STUDY AREA.— (A) IN GENERAL.—The term ‘‘study area’’ means the land in southern Boulder, northern J efferson, and northern G ilpin Counties, Colorado, that is located west of Colorado State H ighway 93, south and east of Colorado State High- way 119, and north of Colorado State Highway 46, as generally depicted on the map entitled ‘‘Colorado Northern Front Range M ountain Backdrop Protection Study Act: Study Area’’ and dated August 27, 2008. Payments.


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 123STA T . 11 40PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)EXCLUSION S .—Thet e rm‘ ‘ s t udya rea ’ ’d o es n ot i n cl ude land w ithin the city limits o f the cities of A r v ada , Boulder, or G olden, C olorado. ( 4 ) U N DEV ELO P EDL A ND.—The term ‘‘undevelo p ed land’’ means land— (A) that is located within the study area (B) that is free or primarily free of structures; and (C) the development of which is li k ely to affect adversely the scenic, wildlife, or recreational value of the study area. SEC.340 3.C OL O RAD O N OR TH ERN F RONT RAN G E M O U NTA I N B AC K- DRO P STUD Y . (a) ST UD Y R EPO R T.— N ot later than 1 year after the date of enactment of this Act and e x cept as provided in su b section (c), the Secretary shall— (1) conduct a study of the land within the study area; and ( 2 ) complete a report that— (A) identifies the present ownership of the land within the study area; (B) identifies any undeveloped land that may be at risk of development; and (C) describes any actions that could be taken by the United States, the State, a political subdivision of the State, or any other parties to preserve the open and undeveloped character of the land within the study area. (b) RE Q UIRE M ENTS.—The Secretary shall conduct the study and develop the report under subsection (a) with the support and partici - pation of 1 or more of the followin g State and local entities (1) The Colorado D epartment of Natural Resources. (2) Colorado State F orest Service. ( 3 ) Colorado State Conservation Board. (4) Great O utdoors Colorado. ( 5 ) Boulder, J efferson, and Gilpin Counties, Colorado. (c) L IMITATION.— I f the State and local entities specified in subsection (b) do not support and participate in the conduct of the study and the development of the report under this section, the Secretary may— (1) decrease the area covered by the study area, as appro- priate; or (2)(A) opt not to conduct the study or develop the report; and (B) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the H ouse of Representatives notice of the decision not to conduct the study or develop the report. (d) E F FECT.—Nothing in this subtitle authori z es the Secretary to take any action that would affect the use of any land not owned by the United States. Notice.


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 123STA T . 11 4 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9TI T LE I V—FOR E S TL AND S C A P E RESTORATION SEC.40 0 1 . PUR P O SE. Thepur p os eo ft h i s tit l eistoe nc our ag e the colla b orati v e , science - base d ecos y ste m restoration of priority forest landscapes through a process that —(1) encourages ecological, economic, and social sustain- ability ( 2 ) leverages local resources w ith national and private resources; ( 3 ) facilitates the reduction of wildfire management costs, including through reestablishing natural fire regimes and reducing the ris k of uncharacteristic wildfire; and ( 4 ) demonstrates the degree to which— ( A ) various ecological restoration techni q ues— (i) achieve ecological and watershed health ob j ec- tives; and (ii) affect wildfire activity and management costs; and ( B ) the use of forest restoration byproducts can offset treatment costs while benefitting local rural economies and improving forest health . SEC. 400 2 . D E FIN I T IONS. I n this title (1) FUND .—The term ‘ ‘Fund ’ ’ means the C ollaborative Forest L andscape R estoration Fund established by section 4 0 03(f). (2) PROG R AM .—The term ‘‘program’’ means the Collabo- rative Forest Landscape Restoration Program established under section 4003(a). (3) PRO P O S A L .—The term ‘‘proposal’’ means a collaborative forest landscape restoration proposal described in section 4003(b). (4) SEC RE T AR Y .—The term ‘‘Secretary’’ means the Secretary of Agriculture, acting through the Chief of the Forest Service. ( 5 ) STRATEGY.—The term ‘‘strategy’’ means a landscape restoration strategy described in section 4003(b)(1). SEC. 400 3 .CO L L AB ORATI V E FOREST LANDSCAPE RESTORATION PRO -G RA M . (a) IN G ENERAL.—The Secretary, in consultation with the Sec- retary of the Interior, shall establish a Collaborative Forest Land- scape Restoration Program to select and fund ecological restoration treatments for priority forest landscapes in accordance with— (1) the E ndangered Species Act of 1 97 3(1 6U .S.C. 1531 et seq.); (2) the N ational Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (3) any other applicable law. (b) EL I GI B ILITY CRITERIA.—To be eligible for nomination under subsection (c), a collaborative forest landscape restoration proposal shall— (1) be based on a landscape restoration strategy that— (A) is complete or substantially complete; 16USC730 3 . 16 USC 730 2 . 16 USC 7301.


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 123STA T . 11 4 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)ident i f ie sa nd pr i o riti z ese c o l o g ical restoration treat m ents for a 10-y ear period w it h in a landscape that is — (i) at least 5 0, 000 acres (ii) comprised primarily of forested N ational F orest S ystem land, bu t may also include land under the j urisdiction of the Bureau of L and M anagement, land under the jurisdiction of the Bureau of I ndian A ffairs, or other Federal, State, tribal, or pri v ate land; (iii) in need of active ecosystem restoration; and (iv) accessible by e x isting or proposed wood-proc- essing infrastructure at an appropriate scale to use woody biomass and small-diameter wood removed in ecological restoration treatments; ( C ) incorporates the best available science and sci- entific application tools in ecological restoration strategies; ( D ) fully maintains, or contributes toward the restora- tion of, the structure and composition of old growth stands according to the pre-fire suppression old growth conditions characteristic of the forest type, ta k ing into account the contribution of the stand to landscape fire adaptation and watershed health and retaining the large trees contributing to old growth structure; ( E ) would carry out any forest restoration treatments that reduce hazardous fuels by— (i) focusing on small diameter trees, thinning, stra- tegic fuel breaks, and fire use to modify fire behavior, as measured by the projected reduction of uncharacteristically severe wildfire effects for the forest type (such as adverse soil impacts, tree mortality or other impacts); and (ii) maximizing the retention of large trees, as appropriate for the forest type, to the extent that the trees promote fire-resilient stands; and (F)(i) does not include the establishment of permanent roads; and (ii) would commit funding to decommission all tem- porary roads constructed to carry out the strategy; ( 2 ) be developed and implemented through a collaborative process that— (A) includes multiple interested persons representing diverse interests; and (B)(i) is transparent and nonexclusive; or (ii) meets the re q uirements for a resource advisory committee under subsections (c) through (f) of section 205 of P ublic Law 10 6–39 3 (16 U. S.C. 500 note); (3) describe plans to— (A) reduce the risk of uncharacteristic wildfire, including through the use of fire for ecological restoration and maintenance and reestablishing natural fire regimes, where appropriate; (B) improve fish and wildlife habitat, including for endangered, threatened, and sensitive species; (C) maintain or improve water quality and watershed function; (D) prevent, remediate, or control invasions of exotic species;


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 123STA T . 11 4 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(E)maint ain ,deco mmi s sion, and r e h a b i l itate roads and trails ( F ) u se w ood y biomass and small - diameter trees p ro- duced f rom pro j ects implementin g the strategy; ( G ) report annually on performance, including through performance measures from the plan entitled the ‘ ‘ 10Y ear C omprehensi v e S trategy I mplementation P lan ’ ’ and dated D ecember 2 00 6 ( H )ta k e into account any applicable community wild- fire protection plan; ( 4 ) analy z e any anticipated cost savings, including those resulting from — ( A ) reduced wildfire management costs; and ( B ) a decrease in the unit costs of implementing ecological restoration treatments over time; ( 5 ) estimate— (A) the annual Federal funding necessary to implement the proposal; and (B) the amount of new non-Federal investment for carrying out the proposal that would be leveraged; (6) describe the collaborative process through which the proposal was developed, including a description of— (A) participation by or consultation with State, local, and T ribal governments; and (B) any established record of successful collaborative planning and implementation of ecological restoration projects on N ational Forest System land and other land included in the proposal by the collaborators; and ( 7 ) benefit local economies by providing local employment or training opportunities through contracts, grants, or agree- ments for restoration planning, design, implementation, or mon- itoring with— (A) local private, nonprofit, or cooperative entities; (B) Youth Conservation Corps crews or related partner- ships, with State, local, and non-profit youth groups; (C) e x isting or proposed small or micro-businesses, clusters, or incubators; or (D) other entities that will hire or train local people to complete such contracts, grants, or agreements; and ( 8 ) be subject to any other re q uirements that the Secretary, in consultation with the Secretary of the Interior, determines to be necessary for the efficient and effective administration of the program . (c) N OMINAT ION P R O CES S.— (1) S UB MISSION.—A proposal shall be submitted to— (A) the appropriate R egional Forester; and (B) if actions under the jurisdiction of the Secretary of the Interior are proposed, the appropriate— (i) State Director of the Bureau of L and M anage- ment; (ii) Regional Director of the Bureau of Indian Affairs; or (iii) other official of the Department of the Interior. (2) NOMINATION.— (A) IN G ENERA L .—A Regional Forester may nominate for selection by the Secretary any proposals that meet the eligibility criteria established by subsection (b). Prop o sal.
 * and


text: Dictionary of National Biography, 1885-1900/Montgomerie, Hugh (1739-1819)


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Page:United States Statutes at Large Volume 123.djvu/1164

 123STA T . 11 4 4 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)CONCUR R E NCE .—Anypro po sal no mi na tedb yt h e R e g ional F orester that proposes a c tions u nder the j urisdic - tion o f the S ecretary of the I nterior shall include the concur- rence of the appropriate— (i) State D irector of the Bureau of L and M anage- ment (ii) Regional Director of the Bureau of Indian Affairs; or (iii) other official of the Department of the Interior. ( 3 ) DOCU M EN TA T I ON.— W ith respect to each proposal that is nominated under paragraph ( 2 )— (A) the appropriate Regional Forester shall— (i) include a plan to use Federal funds allocated to the region to fund those costs of planning and car- rying out ecological restoration treatments on N ational Forest System land , consistent w ith the strategy, that would not be co v ered by amounts transferred to the Secretary from the Fund; and (ii) provide evidence that amounts proposed to be transferred to the Secretary from the Fund during the first 2 fiscal years following selection would be used to carry out ecological restoration treatments con- sistent with the strategy during the same fiscal year in which the funds are transferred to the Secretary; (B) if actions under the jurisdiction of the Secretary of the Interior are proposed, the nomination shall include a plan to fund such actions, consistent with the strategy, by the appropriate— (i) State Director of the Bureau of Land Manage- ment; (ii) Regional Director of the Bureau of Indian Affairs; or (iii) other official of the Department of the Interior; and (C) if actions on land not under the jurisdiction of the Secretary or the Secretary of the Interior are proposed, the appropriate Regional Forester shall provide evidence that the landowner intends to participate in, and provide appropriate funding to carry out, the actions. (d) SE L ECTION P ROCE S S.— ( 1 )IN G ENERAL.—After consulting with the advisory panel established under subsection (e), the Secretary, in consultation with the Secretary of the Interior, shall, subject to paragraph (2), select the best proposals that— (A) have been nominated under subsection (c)(2); and (B) meet the eligibility criteria established by sub- section (b). (2) CRITERIA.—In selecting proposals under paragraph (1), the Secretary shall give special consideration to— (A) the strength of the proposal and strategy; (B) the strength of the ecological case of the proposal and the proposed ecological restoration strategies; (C) the strength of the collaborative process and the li k elihood of successful collaboration throughout implementation; (D) whether the proposal is likely to achieve reductions in long-term wildfire management costs; Plans.


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 123STA T . 11 45PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(E)whet he r the p r o po sal wo u l d redu c e the relat iv e costs o f carr y i ng out ecological restoration treat m ents as a result of the use of woody b iomass and small - diameter trees and ( F ) whether an appropriate level of non-Federal invest- ment would be leveraged in carrying out the proposal . ( 3 ) LIM I TA TI ON . —T he S ecretary may select not more than— ( A ) 10 proposals to be funded during any fiscal year; ( B ) 2 proposals in any 1 region of the N ational Forest System to be funded during any fiscal year; and ( C ) the number of proposals that the Secretary deter- mines are li k ely to receive ade q uate funding. (e) A DV I S O RYP AN EL .— (1) I N G ENERAL.—The Secretary shall establish and main- tain an advisory panel comprised of not more than 1 5 members to evaluate , and provide recommendations on, each proposal that has been nominated under subsection (c)(2). (2) R E P RESENTATION.—The Secretary shall ensure that the membership of the advisory panel is fairly balanced in terms of the points of view represented and the functions to be per- formed by the advisory panel. (3) IN C L U SION.—The advisory panel shall include e x perts in ecological restoration, fire ecology, fire management, rural economic development, strategies for ecological adaptation to climate change, fish and wildlife ecology, and woody biomass and small-diameter tree utili z ation. (f) COLLA B ORATIVE FOREST LANDSCAPE RESTORATION FUND.— (1) ESTABLIS H MENT.—There is established in the Treasury of the U nited States a fund, to be known as the ‘ ‘Collaborative Forest Landscape Restoration Fund ’ ’, tobeusedtopayup to 50 percent of the cost of carrying out and monitoring ecological restoration treatments on National Forest System land for each proposal selected to be carried out under sub- section (d). (2) INCLUSION.—The cost of carrying out ecological restora- tion treatments as provided in paragraph (1) may, as the Sec- retary determines to be appropriate, include cancellation and termination costs required to be obligated for contracts to carry out ecological restoration treatments on National Forest System land for each proposal selected to be carried out under sub- section (d). (3) CONTENTS.—The Fund shall consist of such amounts as are appropriated to the Fund under paragraph ( 6 ). ( 4 )E X PENDITURES F ROM FUND.— (A) IN GENERAL.— O n request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are appropriate, in accordance with paragraph (1). (B) LIMITATION.—The Secretary shall not expend money from the Fund on any 1 proposal— (i) during a period of more than 10 fiscal years; or (ii) in excess of $ 4,000,000 in any 1 fiscal year. (5) ACCOUNTING AND REPORTING SYSTEM.—The Secretary shall establish an accounting and reporting system for the Fund. Establi s hmen t .


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Page:United States Statutes at Large Volume 123.djvu/1166

 123STA T . 11 46PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(6)AUTHORIZA TIO N O F A P PROPRIATION S.—Ther e isaut h o r - i z e d to b ea p propriated to the F u n d $40, 000,000 f or ea c hof fisca ly ears 2 00 9 throu g h20 1 9,tore m ain a v ailable until e x pended. (g) P RO G RA MI MP LE MENTATION AN DM ONITORING.— (1) W OR K PLAN.— N ot later than 1 8 0 days after the date on w hich a proposal is selected to be carried out, the S ecretary shall create, in collaboration with the interested persons, an implementation wor k plan and budget to implement the pro- posal that includes— (A) a description of the manner in which the proposal would be implemented to achieve ecological and community economic benefit, including capacity building to accomplish restoration ( B ) a business plan that addresses— (i) the anticipated unit treatment cost reductions over 10 years; (ii) the anticipated costs for infrastructure needed for the proposal; (iii) the pro j ected sustainability of the supply of woody biomass and small-diameter trees removed in ecological restoration treatments; and (iv) the projected local economic benefits of the proposal; ( C ) documentation of the non-Federal investment in the priority landscape, including the sources and uses of the investments; and ( D ) a plan to decommission any temporary roads estab- lished to carry out the proposal. (2) PRO J E C T IMPLEMENTATION.—Amounts transferred to the Secretary from the Fund shall be used to carry out ecological restoration treatments that are— (A) consistent with the proposal and strategy; and (B) identified through the collaborative process described in subsection (b)(2). ( 3 ) ANNUAL REPORT.—The Secretary, in collaboration with the Secretary of the Interior and interested persons, shall pre- pare an annual report on the accomplishments of each selected proposal that includes— (A) a description of all acres (or other appropriate unit) treated and restored through projects implementing the strategy; (B) an evaluation of progress, including performance measures and how prior year evaluations have contributed to improved project performance; (C) a description of community benefits achieved, including any local economic benefits; (D) the results of the multiparty monitoring, evalua- tion, and accountability process under paragraph (4); and ( E ) a summary of the costs of— (i) treatments; and (ii) relevant fire management activities. (4) MULTIPART Y MONITORING.—The Secretary shall, in collaboration with the Secretary of the Interior and interested persons, use a multiparty monitoring, evaluation, and account- ability process to assess the positive or negative ecological, social, and economic effects of projects implementing a selected Deadlin e .Bu d g e t.


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Page:United States Statutes at Large Volume 123.djvu/1167

 123STA T . 11 47PUBLIC LA W 111 – 11 —M A R .3 0, 200 9pro po salf or n o t l e sst h an 15y ears after pro j e c t im plementation commences .( h )REPORT . —N ot later than 5 years after the first fiscal year in w hich f u n d in g is made a v aila b le to carry out ecological restora - tion projects under the program , and every 5 years thereafter, the S ecretary, in consultation with the Secretary of the I nterior, shall submit a report on the program, including an assessment of whether, and to what e x tent, the program is fulfilling the pur- poses of this title, to— (1) the C ommittee on E nergy and Natural Resources of the Senate ( 2 ) the Committee on A ppropriations of the Senate; ( 3 ) the Committee on Natural Resources of the H ouse of Representatives; and ( 4 ) the Committee on Appropriations of the House of Rep- resentatives. SEC.40 04. AUTHORIZ ATIO N O F A P PROPRIATIONS. T here are authori z ed to be appropriated to the Secretary and the Secretary of the Interior such sums as are necessary to carry out this title. TI T LEV—R IVER SAND TRAILS S ubti t le A—A d diti ons tot h eN a tional W ild and S c enic Ri v e r sS y ste m SEC. 5 00 1 . FOSSI L CREE K, ARIZONA. Section 3(a) of the W ild and Scenic Rivers Act (1 6U .S.C. 12 7 4(a)) (as amended by section 1 8 52) is amended by adding at the end the following

‘(2 0 5) F O S S ILC REE K , A RI Z O N A.—Approximately 16.8 miles of Fossil Cree k from the confluence of Sand Rock and Calf P en Canyons to the confluence with the V erde River, to be administered by the Secretary of Agriculture in the following classes: ‘‘(A) The approximately 2.7-mile segment from the con- fluence of Sand Rock and Calf Pen Canyons to the point where the segment exits the Fossil Spring Wilderness, as a wild river. ‘‘( B ) The approximately 7.5-mile segment from where the segment exits the Fossil Creek Wilderness to the boundary of the M azatzal Wilderness, as a recreational river. ‘‘(C) The 6.6-mile segment from the boundary of the Mazatzal Wilderness downstream to the confluence with the Verde River, as a wild river. ’ ’. SEC. 500 2 . SNAKE RI V ER HEA DW ATERS, W Y O M IN G. (a) S H ORT TITLE.—This section may be cited as the ‘‘Craig Thomas Snake Headwaters L egacy Act of 2008’’. (b) FIN D IN G S;P U RPOSES.— (1) FINDINGS.—Congress finds that— (A) the headwaters of the Snake River System in north- west Wyoming feature some of the cleanest sources of CraigThom a sSn a keH ea dw a t ers L ega cyA ct o f20 0 8.16U SC 12 7 1 note. 16USC7 3 0 4.


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 123STA T . 11 48PUBLIC LA W 111 – 11 —M A R .3 0, 200 9freshwat er , hea l th i est n ati v etr ou t fisheries, an dm ost inta c t rivers and streams in the lower 48S tates the rivers and streams of the headwaters of the Sna k e R iver S y stem — (i) p rovide unparalleled fishin g , hunting, b oating, and other recreational activities for— ( I ) local residents; and (II) millions of visitors from around the world; and (ii) are national treasures; ( C ) each year, recreational activities on the rivers and streams of the headwaters of the Snake River System generate millions of dollars for the economies of— (i) T eton County, W yoming; and (ii) L incoln County, Wyoming; ( D ) to ensure that future generations of citi z ens of the U nited States en j oy the benefits of the rivers and streams of the headwaters of the Snake River System, Congress should apply the protections provided by the Wild and Scenic Rivers A ct( 16 U . S.C. 1 27 1etse q .) to those rivers and streams; and ( E ) the designation of the rivers and streams of the headwaters of the Snake River System under the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.) will signify to the citizens of the United States the importance of maintaining the outstanding and remarkable qualities of the Snake River System while— (i) preserving public access to those rivers and streams; (ii) respecting private property rights (including e x isting water rights); and (iii) continuing to allow historic uses of the rivers and streams. (2) PURPOSE S.—The purposes of this section are— (A) to protect for current and future generations of citizens of the United States the outstandingly remarkable scenic, natural, wildlife, fishery, recreational, scientific, his - toric, and ecological values of the rivers and streams of the headwaters of the Snake River System, while con- tinuing to deliver water and operate and maintain valuable irrigation water infrastructure; and (B) to designate approximately 3 87.7 miles of the rivers and streams of the headwaters of the Snake River System as additions to the N ational Wild and Scenic Rivers System. (c) DE FIN I T IONS.—In this section (1) SE C RET A R Y CONCERNE D .—The term ‘ ‘Secretary con- cerned ’ ’ means— (A) the Secretary of Agriculture (acting through the Chief of the F orest Service), with respect to each river segment described in paragraph (2 05 ) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) that is not located in— (i) G rand Teton National Park; (ii) Y ellowstone National Park; (iii) the J ohn D. Rockefeller, Jr. M emorial Park- way; or (iv) the National Elk Refuge; and 16USC 1 274note.
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Page:United States Statutes at Large Volume 123.djvu/1169

 123STA T . 11 49PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (B)theS e cr et a r yof the In ter i or ,w ith re sp ect to each ri v er se gm ent d escri b ed in paragraph ( 205 ) of section 3 (a) of the W i l d and Scenic R ivers A ct( 16U. S. C . 12 74 (a)) (as added by s u bsection (d)) that is located in — (i) G rand T eton N ational P ar k; (ii) Y ellowstone National Park; (iii) the J ohn D . Rockefeller, Jr. M emorial Park - way; or (iv) the National E lk Refuge. (2) S TA T E .—The term ‘ ‘State ’ ’ means the State of Wyoming. (d) W ILD A N DS C ENIC RI V E R DE S I G NATI O NS, SNA K E RIVER H EAD- W ATERS, W Y O M ING.—Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 5001) is amended by adding at the end the following ‘‘(206) SNAKE RIVER H EADWATERS, WYOMING.—The following segments of the Snake River System, in the State of Wyoming: ‘‘(A) BAILEY CREEK.—The 7-mile segment of Bailey Creek, from the divide with the L ittle Greys River north to its confluence with the Snake River, as a wild river. ‘‘(B) BLACKROCK CREEK.—The 22-mile segment from its source to the Bridger-Teton National F orest boundary, as a scenic river. ‘‘(C) B UF FALO FORK OF THE SNAKE RIVER.—The portions of the Buffalo Fork of the Snake River, consisting of— ‘‘(i) the 55-mile segment consisting of the North Fork, the Soda Fork, and the South Fork, upstream from Turpin Meadows, as a wild river; ‘‘(ii) the 14-mile segment from Turpin Meadows to the upstream boundary of Grand Teton National Park, as a scenic river; and ‘‘(iii) the 7.7-mile segment from the upstream boundary of Grand Teton National Park to its con- fluence with the Snake River, as a scenic river. ‘‘(D) CRYSTAL CREEK.—The portions of Crystal Creek, consisting of— ‘‘(i) the 14-mile segment from its source to the Gros V entre Wilderness boundary, as a wild river; and ‘‘(ii) the 5-mile segment from the Gros Ventre Wilderness boundary to its confluence with the Gros Ventre River, as a scenic river. ‘‘(E) GRANITE CREEK.—The portions of Granite Creek, consisting of— ‘‘(i) the 12-mile segment from its source to the end of Granite Creek Road, as a wild river; and ‘‘(ii) the 9 .5-mile segment from Granite Hot Springs to the point 1 mile upstream from its con- fluence with the Hoback River, as a scenic river. ‘‘(F) GROS VENTRE RIVER.—The portions of the Gros Ventre River, consisting of— ‘‘(i) the 16.5-mile segment from its source to Darwin Ranch, as a wild river; ‘‘(ii) the 39-mile segment from Darwin Ranch to the upstream boundary of Grand Teton National Park, e x cluding the section along Lower Slide Lake, as a scenic river; and


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 123STA T . 11 50PUBLIC LA W 111 – 11 —M A R .30, 200 9‘ ‘ (i ii )the3. 3 -m i l e s e g me n t f l ow ing acr oss the so u thern b oun d ar y of G rand T eton N ational P ar k to the H ighlands D ri v e L oo pB ridge , as a scenic river. ‘‘(G) H OBACKRIVE R. — The 10 -mile segment from the point 10 miles upstream from its confluence with the S nake R iver to its confluence with the Snake River, as a rec- reational river. ‘‘(H) LE W I S RIVER.—The portions of the Lewis River, consisting of— ‘‘(i) the 5 -mile segment from Shoshone Lake to Lewis Lake, as a wild river and ‘‘(ii) the 1 2 -mile segment from the outlet of Lewis Lake to its confluence with the Snake River, as a scenic river. ‘‘( I ) PACI F IC CREEK.—The portions of Pacific C reek, con- sisting of— ‘‘(i) the 22.5-mile segment from its source to the Teton W ilderness boundary, as a wild river; and ‘‘(ii) the 11-mile segment from the Wilderness boundary to its confluence with the Snake River, as a scenic river. ‘‘( J )S H OA L CREEK.—The 8 -mile segment from its source to the point 8 miles downstream from its source, as a wild river. ‘‘( K )S N AKE RIVER.—The portions of the Snake River, consisting of— ‘‘(i) the 47 -mile segment from its source to Jackson Lake, as a wild river; ‘‘(ii) the 24.8-mile segment from 1 mile downstream of Jackson Lake Dam to 1 mile downstream of the Teton Park Road bridge at M oose, Wyoming, as a scenic river; and ‘‘(iii) the 1 9 -mile segment from the mouth of the Hoback River to the point 1 mile upstream from the Highway 89 bridge at A lpine Junction, as a rec- reational river, the boundary of the western edge of the corridor for the portion of the segment e x tending from the point 3.3 miles downstream of the mouth of the Hoback River to the point 4 miles downstream of the mouth of the Hoback River being the ordinary high water mark. ‘‘(L) WILLOW CREEK.—The 1 6 .2-mile segment from the point 16.2 miles upstream from its confluence with the Hoback River to its confluence with the Hoback River, as a wild river. ‘‘(M) WOLF CREEK.—The 7-mile segment from its source to its confluence with the Snake River, as a wild river. ’ ’. (e) MANA G E M EN T .— (1) IN GENERAL.— E ach river segment described in para- graph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U .S.C. 1274(a)) (as added by subsection (d)) shall be man- aged by the Secretary concerned. (2) MANAGEMENT P LAN.— (A) IN GENERAL.—In accordance with subparagraph (A), not later than 3 years after the date of enactment of this Act, the Secretary concerned shall develop a manage- ment plan for each river segment described in paragraph Deadlin e .16USC 1 274 n ot e.


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Page:United States Statutes at Large Volume 123.djvu/1171

 123STA T . 11 5 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(205)ofsecti o n3 ( a )oft h e W i ld and S cenic R i v e r s A ct ( 16U. S. C . 12 74 (a)) (as added by s u bsection (d)) that is located in an area under the j urisdiction of the Secretary concerned. ( B )R EQUIR E DCOMP O N EN T . —E ach m ana g ement p lan developed by the Secretary concerned under subparagraph (A) shall contain ,w ith respect to the river segment that is the subject of the plan, a section that contains an anal - ysis and description of the availability and compatibility of future development with the wild and scenic character of the river segment (with particular emphasis on each river segment that contains 1 or more parcels of private land). (3) Q U A NTI F ICATION OF W ATER RI GH T S RESER V ED BY RIVER SEGMENTS.— (A) T he Secretary concerned shall apply for the q uan- tification of the water rights reserved by each river segment designated by this section in accordance with the proce- dural requirements of the laws of the State of Wyoming. (B) F or the purpose of the quantification of water rights under this subsection, with respect to each Wild and Scenic River segment designated by this section— (i) the purposes for which the segments are des- ignated, as set forth in this section, are declared to be beneficial uses and (ii) the priority date of such right shall be the date of enactment of this Act. (4) STREAM GAUGES.—Consistent with the Wild and Scenic Rivers Act (16 U.S.C. 1271 et seq.), the Secretary may carry out activities at United States G eological Survey stream gauges that are located on the Sna k e River (including tributaries of the Snake River), including flow measurements and operation, maintenance, and replacement. (5) CONSENT OF PROPERTY OWNER.— N o property or interest in property located within the boundaries of any river segment described in paragraph (205) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by subsection (d)) may be acquired by the Secretary without the consent of the owner of the property or interest in property. (6) EFFECT OF DESIGNATIONS.— (A) I N GENERA L .—Nothing in this section affects valid e x isting rights, including— (i) all interstate water compacts in existence on the date of enactment of this Act (including full development of any apportionment made in accordance with the compacts); (ii) water rights in the States of Idaho and Wyoming; and (iii) water rights held by the United States. (B) J AC K SON LAKE; J ACKSON LAKE DAM.—Nothing in this section shall affect the management and operation of Jackson L ake or Jackson Lake D am, including the stor- age, management, and release of water. (f) AUTHORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section.


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Page:United States Statutes at Large Volume 123.djvu/1172

 123STA T . 11 5 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.50 0 3 . TAUN T O N RIV ER ,M ASSAC H USETTS. (a)DESIGNAT I O N .—Section3 (a) o f t h e W i ld and Scenic R i v e rsA ct( 16U .S. C .1 274 (a)) (as a m ended by section 50 02(d)) is amended by addin g at the end the follo w ing

‘(207) T A U NTON R I V ER ,M ASSA CH USETTS.—The main stem of the Ta u nton River from its headwaters at the confluence of the Town and M atfield Rivers in the Town of B ridgewater downstream 40 miles to the confluence with the Q ue q uechan River at the Route 1 9 5 Bridge in the City of F all River, to be administered by the Secretary of the I nterior in coo p eration with the Taunton River Stewardship Council as follows: ‘‘(A) The 1 8- mile segment from the confluence of the Town and Matfield Rivers to Route 24 in the Town of Raynham, as a scenic river. ‘‘(B) The 5-mile segment from Route 24 to 0.5 miles below Weir Bridge in the City of Taunton, as a recreational river. ‘‘(C) The 8-mile segment from 0.5 miles below Weir Bridge to Muddy Cove in the Town of Dighton, as a scenic river. ‘‘(D) The 9-mile segment from Muddy Cove to the con- fluence with the Quequechan River at the Route 195 Bridge in the City of Fall River, as a recreational river. ’ ’. (b) MANAGEMENT O F TAUNTON RIVER, MASSACHUSETTS.— (1) TAUNTON RIVER STE W AR D SHI P P L AN.— (A) IN GENERAL.— E ach river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall be managed in accordance with the Taunton River Stewardship P lan, dated J uly 2005 (including any amendment to the Taunton River Steward- ship Plan that the Secretary of the Interior (referred to in this subsection as the ‘‘Secretary’’) determines to be consistent with this section). (B) EFFECT.—The Taunton River Stewardship Plan described in subparagraph (A) shall be considered to satisfy each requirement relating to the comprehensive manage- ment plan required under section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)). (2) COOPERATIVE AGREEMENTS.—To provide for the long- term protection, preservation, and enhancement of each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e) and 1282(b)(1)), the Secretary may enter into coopera- tive agreements (which may include provisions for financial and other assistance) with— (A) the Commonwealth of Massachusetts (including political subdivisions of the Commonwealth of Massachu- setts) (B) the Taunton River Stewardship Council; and (C) any appropriate nonprofit organi z ation, as deter- mined by the Secretary. (3) RELATION TO NATIONAL PAR K S Y STEM.— N otwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)) shall not be— 16USC 1 274note.


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Page:United States Statutes at Large Volume 123.djvu/1173

 123STA T . 11 5 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)admin i ster edasa u nit of t h e N ationa lP ar kSy stem or ( B )su bj e c ttothela w s (includin g regulations) that go v ern the administration of the National Park System . ( 4 ) LANDM ANA GE MEN T . — (A) ZO N I NGO R DINAN C E S .— T he z oning ordinances ado p ted by the Towns of Bridgewater ,H alifa x , M iddleborough, R aynham, Berkley, D ighton, F reetown, and Somerset, and the C ities of Taunton and Fall River, Massachusetts (including any provision of the zoning ordi - nances relating to the conservation of floodplains, wetlands, and watercourses associated with any river segment des- ignated by section 3 (a)( 206 ) of the W ild and Scenic Rivers Act (as added by subsection (a))), shall be considered to satisfy each standard and re q uirement described in section 6(c) of the Wild and Scenic Rivers Act ( 1 6 U .S.C. 12 7 7(c)). (B) V I L LAGES.—For the purpose of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), each town described in subparagraph (A) shall be considered to be a village. (C) AC QU ISITION O F LAND.— (i) LIMITATION OF AUT H ORIT Y OF SECRETARY.—With respect to each river segment designated by section 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may only acquire par- cels of land— ( I ) by donation; or (II) with the consent of the owner of the parcel of land. (ii) PROHI B ITION RELATING TO ACQUISITION OF LAND BY CONDEMNATION.—In accordance with section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)), with respect to each river segment designated by sec- tion 3(a)(206) of the Wild and Scenic Rivers Act (as added by subsection (a)), the Secretary may not acquire any parcel of land by condemnation. Subti t leB—W il dan dS c enic R i v e rs Studies SEC.510 1. MI SSIS QUO I ANDTR OUT RI V ERS STUD Y . (a) DESIGNATION FOR STUDY.—Section 5 (a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following

‘(140) MISSISQUOI AND TROUT RI V ERS, VERMONT.—The approximately 25-mile segment of the upper Missisquoi from its headwaters in Lowell to the Canadian border in North Troy, the approximately 25-mile segment from the Canadian border in E ast Richford to Enosburg Falls, and the approxi- mately 20-mile segment of the Trout River from its headwaters to its confluence with the Missisquoi River. ’ ’. (b) STUDY AND RE P ORT.—Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: ‘‘(1 9 ) MISSISQUOI AND TROUT RIVERS, VERMONT.—Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall—


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Page:United States Statutes at Large Volume 123.djvu/1174

 123STA T . 11 54PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (A)complet et h e s t udy o f the Mi ssis q uoi an d Tr out R i v ers ,V ermont, descri b ed in subsection (a)( 140 ) and ‘‘( B ) submit a report describin g the results of that study to the appropriate committees of C ongress .’ ’. (c) A UTHORIZA TIO N O F A P PROPRIATION S . — There are authori z ed to be appropriated such sums as are necessary to carry out this section. Subti t leC—Ad diti ons tot h e Na tional Tr ails S y ste mSEC.5201 . ARIZON ANA T IONA L SCENIC TRAIL. S ection 5 (a) of the N ational Trails System Act (1 6U .S.C. 1 2 44(a)) is amended by adding at the end the follo w ing ‘‘(2 7 ) ARIZONA NATIONA L S CE NIC TRAIL.— ‘‘(A) I N G ENERAL.—The Arizona National Scenic Trail, e x tending approximately 8 07 miles across the State of Arizona from the U.S. – Mexico international border to the Arizona–Utah border, as generally depicted on the map entitled ‘Arizona National Scenic Trail’ and dated D ecember 5, 2007, to be administered by the Secretary of Agriculture, in consultation with the Secretary of the Interior and appro - priate State, tribal, and local governmental agencies. ‘‘(B) A V AILA B ILIT Y OF M AP.—The map shall be on file and available for public inspection in appropriate offices of the F orest Service.’’. SEC. 5202. NE W EN G LAN D NATIONAL SCENIC TRAIL. (a) AUTHORIZATION AN D ADMINISTRATION.—Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5201) is amended by adding at the end the following: ‘‘(28) NE W ENGLAND NATIONAL SCENIC TRAIL.—The New E ngland National Scenic Trail, a continuous trail extending approximately 220 miles from the border of New H ampshire in the town of Royalston, Massachusetts to L ong Island Sound in the town of G uilford, Connecticut, as generally depicted on the map titled ‘New England National Scenic Trail P roposed Route’, numbered T06 / 80,000, and dated O ctober 2007. The map shall be on file and available for public inspection in the appropriate offices of the National Par k Service. The Sec- retary of the Interior, in consultation with appropriate Federal, State, tribal, regional, and local agencies, and other organiza- tions, shall administer the trail after considering the rec- ommendations of the report titled the ‘Metacomet Monadnock Mattabesset Trail System National Scenic Trail Feasibility Study and Environmental Assessment’, prepared by the National Park Service, and dated Spring 2006. The United States shall not acquire for the trail any land or interest in land without the consent of the owner.’’. (b) MANAGEMENT.—The Secretary of the Interior (referred to in this section as the ‘‘Secretary’’) shall consider the actions outlined in the Trail Management Blueprint described in the report titled the ‘‘Metacomet Monadnock Mattabesett Trail System National Scenic Trail Feasibility Study and Environmental Assessment’’, pre- pared by the National Park Service, and dated Spring 2006, as the framework for management and administration of the New 16USC 1 24 4 note.


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Page:United States Statutes at Large Volume 123.djvu/1175

 123STA T . 11 5 5 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9Engla n dN a tio nal Sce nic Tr ail .A dditional or m ore detailed p lan sf or administration , management, protection, access, maintenance, or de v elopment of t h e trail ma yb e developed consistent w ith the Trail M anagement B l u eprint, and as approved by the Secretary. ( c )CO O PERATIV EA G REE M E N T S . — The Secretary is authori z ed to enter into cooperative agreements with the Commonwealth of Massachusetts (and its political subdivisions), the State of Con - necticut (and its political subdivisions), and other regional, local, and private organizations deemed necessary and desirable to accom- plish cooperative trail administrative, management, and protection ob j ectives consistent with the Trail Management Blueprint. An agreement under this subsection may include provisions for limited financial assistance to encourage participation in the planning, ac q uisition, protection, operation, development, or maintenance of the trail. (d) A D DITIONA L TRAIL SEGMENTS.— P ursuant to section 6 of the National Trails System Act ( 1 6 U .S.C. 1 245 ), the Secretary is encouraged to wor k with the State of New H ampshire and appro- priate local and private organizations to include that portion of the Metacomet-Monadnock Trail in New Hampshire (which lies between R oyalston, Massachusetts and J affrey, New Hampshire) as a component of the New England National Scenic Trail. I nclusion of this segment, as well as other potential side or connecting trails, is contingent upon written application to the Secretary by appro- priate State and local jurisdictions and a finding by the Secretary that trail management and administration is consistent with the Trail Management Blueprint. SEC.5203 . I CE AG E FLO O D S N A T IONAL GEOLOGIC T R AIL. (a) F INDINGS P U RPOSE.— (1) FINDINGS.—Congress finds that— (A) at the end of the last Ice Age, some 12, 0 00 to 1 7 ,000 years ago, a series of cataclysmic floods occurred in what is now the northwest region of the United States, leaving a lasting mark of dramatic and distinguishing fea- tures on the landscape of parts of the States of Montana, Idaho, W ashington and O regon; (B) geological features that have e x ceptional value and quality to illustrate and interpret this extraordinary nat- ural phenomenon are present on Federal, State, tribal, county, municipal, and private land in the region; and (C) in 2001, a joint study team headed by the National Park Service that included about 70 members from public and private entities completed a study endorsing the establishment of an Ice Age Floods National G eologic Trail— (i) to recognize the national significance of this phenomenon; and (ii) to coordinate public and private sector entities in the presentation of the story of the Ice Age floods. (2) PURPOSE.—The purpose of this section is to designate the Ice Age Floods National Geologic Trail in the States of Montana, Idaho, Washington, and Oregon, enabling the public to view, experience, and learn about the features and story of the Ice Age floods through the collaborative efforts of public and private entities. (b) D E F INITIONS.—In this section
 * Sta

t elis ti ng.16U S C 1 24 4 n o te. 16 USC 1244 note. 16 USC 1244 note.


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Page:United States Statutes at Large Volume 123.djvu/1176

 123STA T . 11 56PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)ICEAG E FLO O DS; FLOODS .—Thet e rm‘ ‘I c e Ag e flo o ds’ ’ or ‘‘floods’’ me an s the catacl y sm i c floods that occ u rred in w hat is now the northwestern U nited S tates during the last Ice Age from massi v e , ra p id and recurring drainage of G lacial L a k e M issoula. ( 2 ) P LA N .—The term ‘‘plan’’ means the cooperative manage - ment and interpretation plan authori z ed under su b section (f)( 5 ). ( 3 ) SEC R E T AR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 4 ) TRA I L.—The term ‘‘Trail’’ means the Ice Age F loods N ational Geologic Trail designated by subsection (c). (c) D ESIGNATION.—In order to provide for public appreciation, understanding, and en j oyment of the nationally significant natural and cultural features of the Ice Age floods and to promote collabo- rative efforts for interpretation and education among public and private entities located along the pathways of the floods, there is designated the Ice Age Floods National Geologic Trail. (d) LOCATION.— (1) MA P .—The route of the Trail shall be as generally depicted on the map entitled ‘‘Ice Age Floods National Geologic Trail,’’ numbered P43 /80 ,000 and dated J une 2004. (2) R O U TE.—The route shall generally follow public roads and highways. (3) RE V ISION.—The Secretary may revise the map by publication in the Federal Register of a notice of availability of a new map as part of the plan. (e) MAP AVAILA B ILITY.—The map referred to in subsection (d)(1) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (f) AD M INISTRATION.— (1) IN GENERAL.—The Secretary, acting through the Director of the National Park Service, shall administer the Trail in accordance with this section. (2) LIMITATION.— Ex cept as provided in paragraph ( 6 )( B ), the Trail shall not be considered to be a unit of the National Park System. (3) TRAIL MANAGEMENT OFFICE.—To improve management of the Trail and coordinate Trail activities with other public agencies and private entities, the Secretary may establish and operate a trail management office at a central location within the vicinity of the Trail. (4) INTERPRETIVE FACILITIES.—The Secretary may plan, design, and construct interpretive facilities for sites associated with the Trail if the facilities are constructed in partnership with State, local, tribal, or non-profit entities and are consistent with the plan. (5) MANAGEMENT PLAN.— (A) IN GENERAL.—Not later than 3 years after funds are made available to carry out this section, the Secretary shall prepare a cooperative management and interpretation plan for the Trail. (B) C ONSULTATION.—The Secretary shall prepare the plan in consultation with— (i) State, local, and tribal governments; (ii) the Ice Age Floods Institute; (iii) private property owners; and (iv) other interested parties. Deadlin e .F ede r al R e g i st er ,pub li c ati o n. N otice.


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Page:United States Statutes at Large Volume 123.djvu/1177

 123STA T . 11 57PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(C) C ONTE NT S.—Theplans hall— ( i ) co n f i rm an d, if appropria t e,e x pand on the in v entor y of feat u res of the floods contained in the N ational P ar kS ervice study entitled ‘ ‘ I ce Ag e F loods, Study of Alternatives and E nvironmental Assessment ’ ’ (Fe b ruary 20 0 1 ) by— (I) locating features more accurately (II) improving the description of features; and (III) reevaluating the features in terms of their interpretive potential; (ii) revie w and, if appropriate, modify the map of the Trail referred to in subsection (d)(1); (iii) describe strategies for the coordinated develop - ment of the Trail, including an interpretive plan for facilities, waysides, roadside pullouts, exhibits, media, and programs that present the story of the floods to the public effectively; and (iv) identify potential partnering opportunities in the development of interpretive facilities and edu- cational programs to educate the public about the story of the floods. ( 6 ) COO P E RA T IV E M ANA G EMENT.— (A) IN GENERA L .—In order to facilitate the development of coordinated interpretation, education, resource steward- ship, visitor facility development and operation, and sci- entific research associated with the Trail and to promote more efficient administration of the sites associated with the Trail, the Secretary may enter into cooperative manage- ment agreements with appropriate officials in the States of M ontana, Idaho, W ashington, and O regon in accordance with the authority provided for units of the National Park System under section 3 (l) of Public L aw 9 1 – 3 8 3 (16 U .S.C. 1a–2(l)). ( B )A U T H ORIT Y .—For purposes of this paragraph only, the Trail shall be considered a unit of the National Park System. ( 7 ) COOPERATIVE AGREEMENTS.—The Secretary may enter into cooperative agreements with public or private entities to carry out this section. (8) E F FE C T ON PRIVATE PROPERTY RIGHTS.—Nothing in this section— (A) re q uires any private property owner to allow public access (including Federal, State, or local government access) to private property; or (B) modifies any provision of Federal, State, or local law with respect to public access to or use of private land. (9) LIA B ILITY.— D esignation of the Trail by subsection (c) does not create any liability for, or affect any liability under any law of, any private property owner with respect to any person in j ured on the private property. (g) AUTHORI Z ATION OF APPROPRIATIONS.—There are authori z ed to be appropriated such sums as are necessary to carry out this section, of which not more than $ 12,000,000 may be used for development of the Trail.


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Page:United States Statutes at Large Volume 123.djvu/1178

 123STA T . 11 58PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.5204 . WA S HINGTO N -R OCHA MB EA U RE V O L UTIONAR Y ROUTE NATIONAL HISTORIC TRAIL. Section5(a) o f t h e N ationa lTr ail s S y ste mA ct( 16U. S. C . 1 24 4(a)) (as amen d ed b y section 52 0 2(a)) is amended by addin g at the end the follo w ing

‘(2 9 ) WASHINGTO N -R O C HA MBE A U RE V O L UTIONAR Y ROUTE NATIONAL HISTORIC TRAIL. — ‘‘(A) I N GENERAL.—The Washington- R ochambea u Re v olutionary Route National H istoric Trail , a corridor of a p pro x imately 600 miles following the route ta k en by the armies of G eneral George Washington and Count Rocham- beau between Newport, Rhode Island, and Y orktown, V ir- ginia, in 1 78 1 and 1782, as generally depicted on the map entitled ‘WASHINGT O N-ROCHA MBE AU REVO L U- TIONARY ROUTE NATIONAL HISTORIC TRAIL ’, num- bered T01 / 80,001, and dated J une 2007. ‘‘(B) MA P .—The map referred to in subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the National P ark Service. ‘‘(C) A D MINISTRATION.—The trail shall be administered by the Secretary of the Interior, in consultation with— ‘‘(i) other F ederal, State, tribal, regional, and local agencies and ‘‘(ii) the private sector. ‘‘( D ) LAND AC Q UISITION.—The United States shall not ac q uire for the trail any land or interest in land outside the exterior boundary of any federally-managed area with- out the consent of the owner of the land or interest in land.’’. SEC. 5205. P ACI F IC NORTHWEST NATIONAL SCENIC TRAIL. Section 5(a) of the National Trails System Act (16 U.S.C. 1244(a)) (as amended by section 5204) is amended by adding at the end the following: ‘‘( 3 0) PACI F IC NORTH W EST NATIONAL SCENIC TRAIL.— ‘‘(A) IN GENERAL.—The Pacific Northwest National Scenic Trail, a trail of approximately 1,200 miles, extending from the Continental Divide in Glacier National Park, Mon- tana, to the Pacific Ocean Coast in Olympic National Park, Washington, following the route depicted on the map enti- tled ‘Pacific Northwest National Scenic Trail: Proposed Trail’, numbered T12/80,000, and dated February 2008 (referred to in this paragraph as the ‘map’). ‘‘(B) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the Forest Service. ‘‘(C) ADMINISTRATION.—The Pacific Northwest National Scenic Trail shall be administered by the Secretary of Agriculture. ‘‘(D) LAND ACQUISITION.—The United States shall not acquire for the Pacific Northwest National Scenic Trail any land or interest in land outside the exterior boundary of any federally-managed area without the consent of the owner of the land or interest in land.’’.


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 123STA T . 11 59PUBLIC LA W 111 – 11 —M A R .3 0, 2009 SEC.5206 . TRAILOF TEARS N ATIONAL H ISTORIC TRAIL. Section5(a) ( 16 )o f t h e N ationa lTr ail s S y ste mA ct (16 U. S. C . 1 24 4(a)(16)) is amen d ed as follo w s (1) B y amendin g s ubp aragraph (C) to read as follows: ‘ ‘(C) I n addition to the areas otherwise designated under this paragraph , the following routes and land compo - nents by which the Chero k ee Nation was remo v ed to O kla- homa are components of the Trail of Tears National H is- toric Trail, as generally described in the environmentally preferred alternative of the November 2 0 0 7F easibility Study Amendment and E nvironmental Assessment for Trail of Tears National Historic Trail: ‘‘(i) The Benge and Bell routes. ‘‘(ii) The land components of the designated water routes in Alabama, Arkansas, Oklahoma, and Ten- nessee. ‘‘(iii) The routes from the collection forts in Ala- bama, G eorgia, North Carolina, and Tennessee to the emigration depots. ‘‘(iv) The related campgrounds located along the routes and land components described in clauses (i) through (iii). ’ ’. (2) In subparagraph ( D ) — (A) by striking the first sentence and (B) by adding at the end the following: ‘‘No lands or interests in lands outside the e x terior boundaries of any federally administered area may be ac q uired by the Federal Government for the Trail of Tears National Historic Trail except with the consent of the owner thereof.’’. Subti t leD—Na ti on al Tr ail S ys te mA men d ments SEC. 5 3 0 1 . NATIONAL TRAILS S Y STE MW ILLIN G SELLER A U THORITY. (a) A UTHORI T Y TOA CQ UIR ELAND FRO MW I L LIN G SELLER SF OR CERTAIN TRAILS.— (1) OREGON NATIONAL HISTORIC TRAIL.—Section 5(a)( 3 )of the National Trails System Act (16 U.S.C. 1244(a)(3)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile on either side of the trail.’’. (2) M ORMON P IONEER NATIONAL HISTORIC TRAIL.—Section 5(a)(4) of the National Trails System Act (16 U.S.C. 1244(a)(4)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to


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 123STA T . 11 60PUBLIC LA W 111 – 11 —M A R .30, 200 9an a ver a g e of no tm ore t h an 1⁄4 m il e on either s i d eofthe trail .’ ’. (3)CONTI N E NT ALD I V IDE NATIONAL SC ENIC T R AIL. —S e c tion 5 (a)(5) of the N ational T rails S y stem A ct( 16U .S.C. 1 24 4(a)(5)) is amended b y adding at the end the follo w ing

‘No land or interest in land o u tside the e x terior boundaries of any federally administered area may be ac q uired by the F ederal G overnment for the trail exce p t with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile on either side of the trail.’’. (4) L E W IS AND CLAR K NATIONAL H ISTORIC TRAIL.—Section 5(a)(6) of the National Trails System Act (16 U.S.C. 1244(a)(6)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile on either side of the trail.’’. (5) I DITAROD NATIONAL HISTORIC TRAIL.—Section 5(a)( 7 )of the National Trails System Act (16 U.S.C. 1244(a)(7)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile on either side of the trail.’’. (6) NORTH CO U NTR Y NATIONAL SCENIC TRAIL.—Section 5(a)( 8 ) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.’’. (7) ICE A G E NATIONAL SCENIC TRAIL.—Section 5(a)(1 0 )of the National Trails System Act (16 U.S.C. 1244(a)(10)) is amended by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.’’. (8) P OTO M AC HERITAGE NATIONAL SCENIC TRAIL.—Section 5(a)(11) of the National Trails System Act (16 U.S.C. 1244(a)(11)) is amended— (A) by stri k ing the fourth and fifth sentences and ( B ) by adding at the end the following: ‘‘No land or interest in land outside the exterior boundaries of any federally administered area may be acquired by the Federal Government for the trail except with the consent of the owner of the land or interest in land.’’.


text: Dictionary of National Biography, 1885-1900/Montgomerie, John


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 123STA T . 11 6 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(9)NEZP E RC E NATIO NA LH I S TORIC TRAIL .—Section5 ( a )( 14 ) o f t h e Nationa lTr ail s S y ste mA ct (1 6U .S. C . 1 2 44(a)(14)) is amen d ed— (A) b y stri k in g the fo u rth and fifth sentences and ( B ) by adding at the end the follo w ing

‘No land or interest in land outside the e x terior boundaries of any federally administered area may be ac q uired by the F ederal G o v ernment for the trail exce p t with the consent of the owner of the land or interest in land. The authority of the Federal Government to acquire fee title under this paragraph shall be limited to an average of not more than 1⁄4 mile on either side of the trail. ’ ’. (b) CON F OR M IN G AMEN D MENT.—Section 1 0 of the National Trails System Act (16 U.S.C. 1249) is amended by striking sub - section (c) and inserting the following: ‘‘(c) A U THORIZATION OF APPROPRIATIONS.— ‘‘(1) I N GENERAL.— E xcept as otherwise provided in this Act , there are authori z ed to be appropriated such sums as are necessary to implement the provisions of this Act relating to the trails designated by section 5(a). ‘‘(2) NATCHEZ TRACE NATIONAL SCENIC TRAIL.— ‘‘(A) IN GENERAL.— W ith respect to the Natchez Trace National Scenic Trail (referred to in this paragraph as the ‘trail’) designated by section 5(a)(12)— ‘‘(i) not more than $ 500,000 shall be appropriated for the acquisition of land or interests in land for the trail; and ‘‘(ii) not more than $2,000,000 shall be appro- priated for the development of the trail. ‘‘(B) P ARTICIPATION BYV OLUNTEER TRAIL GROUPS.—The administering agency for the trail shall encourage volunteer trail groups to participate in the development of the trail.’’. SEC.5302 . R E VI SI ON O F FE A SI B I L I TY AN D S U ITABILITY STUDIES OF E X ISTIN G NATIONAL H ISTORIC TRAILS. Section 5 of the National Trails System Act (16 U.S.C. 1244) is amended by adding at the end the following: ‘‘(g) R EVISION OF FEASIBILITY AND SUITABILITY STUDIES OF E X ISTING NATIONAL H ISTORIC TRAILS.— ‘‘(1) D EFINITIONS.—In this subsection: ‘‘(A) ROUTE.—The term ‘route’ includes a trail segment commonly known as a cutoff. ‘‘(B) SHARED ROUTE.—The term ‘shared route’ means a route that was a segment of more than 1 historic trail, including a route shared with an existing national historic trail. ‘‘(2) RE Q UIREMENTS FOR REVISION.— ‘‘(A) IN GENERAL.—The Secretary of the Interior shall revise the feasibility and suitability studies for certain national trails for consideration of possible additions to the trails. ‘‘(B) STUDY REQUIREMENTS AND OB J ECTIVES.—The study requirements and ob j ectives specified in subsection (b) shall apply to a study required by this subsection. ‘‘(C) COMPLETION AND SUBMISSION OF STUDY.—A study listed in this subsection shall be completed and submitted Deadlin e .Ap pli c a b ili ty .


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 123STA T . 11 6 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9toC o ngres s not la ter t h an 3c o mp lete fi scal y ears from the d ate f u nds are made a v aila b le for the study .‘ ‘ ( 3 )OREGON N ATI ONA LH I S TORI C TRAIL. — ‘‘( A ) S T UDY RE Q UIRED.— T he Secretary of the I nterior shall underta k e a study of the routes of the Oregon Trail listed in subparagraph ( B ) and generally depicted on the map entitled ‘ W estern E migrant Trails 18 3 0/ 18 7 0 ’ and dated 1 9 91/1993, and of such other routes of the Oregon Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Oregon N ational H istoric Trail. ‘‘(B) CO V ERED ROUTES.—The routes to be studied under subparagraph (A) shall include the follo w ing ‘‘(i) Whitman M ission route. ‘‘(ii) U pper Columbia R iver. ‘‘(iii) Cowlit z River route. ‘‘(iv) Meek cutoff. ‘‘(v) F ree Emigrant Road. ‘‘(vi) North Alternate Oregon Trail. ‘‘(vii) G oodale’s cutoff. ‘‘(viii) North Side alternate route. ‘‘(i x ) Cutoff to Barlow road. ‘‘(x) Naches P ass Trail. ‘‘( 4 )PONYE XP RESS NATIONAL HISTORIC TRAIL.—The Sec - retary of the Interior shall undertake a study of the approxi- mately 2 0-mile southern alternative route of the Pony Express Trail from Wathena, K ansas, to Troy, Kansas, and such other routes of the Pony Express Trail that the Secretary considers appropriate, to determine the feasibility and suitability of des- ignation of 1 or more of the routes as components of the Pony Express National Historic Trail. ‘‘( 5 ) CALI F ORNIA NATIONAL HISTORIC TRAIL.— ‘‘(A) STUDY REQUIRED.—The Secretary of the Interior shall undertake a study of the Missouri V alley, central, and western routes of the California Trail listed in subpara- graph (B) and generally depicted on the map entitled ‘Western Emigrant Trails 1830/1870’ and dated 1991/1993, and of such other and shared Missouri Valley, central, and western routes that the Secretary considers appro- priate, to determine the feasibility and suitability of des- ignation of 1 or more of the routes as components of the California National Historic Trail. ‘‘(B) COVERED ROUTES.—The routes to be studied under subparagraph (A) shall include the following: ‘‘(i) MISSOURI VALLEY ROUTES.— ‘‘(I) Blue Mills-Independence Road. ‘‘(II) Westport L anding Road. ‘‘(III) Westport-Lawrence Road. ‘‘(IV) Fort Leavenworth-Blue River route. ‘‘(V) Road to Amazonia. ‘‘(VI) Union Ferry Route. ‘‘(VII) Old Wyoming-Nebraska City cutoff. ‘‘(VIII) Lower Plattsmouth Route. ‘‘(I X ) Lower Bellevue Route. ‘‘(X) Woodbury cutoff. ‘‘(XI) Blue Ridge cutoff.


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 123STA T . 11 6 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (XI I )Westpor t R o ad. ‘‘(XIII) GumS pr ing s -F ort L ea v en w ort h route. ‘‘(XI V ) A t c hison / Independence C ree k routes. ‘‘(XV) Fort Leavenworth- K ansas River route. ‘‘(XVI) N e b raska Cit y cuto f f routes. ‘‘(XVII) M inersvi l le-Nebraska City Road. ‘‘(XVIII) U pper P lattsmouth route. ‘‘(XIX) Upper B ellevue route. ‘‘(ii) C ENTRAL R OU TE S . — ‘‘(I) Cherokee T rail , including splits. ‘‘(II) Weber Canyon route of H astings cutoff. ‘‘(III) Bishop Creek cutoff. ‘‘(IV) McAuley cutoff. ‘‘(V) D iamond Springs cutoff. ‘‘(VI) Secret Pass. ‘‘(VII) Greenhorn cutoff. ‘‘(VIII) Central O verland Trail. ‘‘(iii) WESTERN ROUTES.— ‘‘(I) Bidwell-Bartleson route. ‘‘(II) Georgetown/Dagget Pass Trail. ‘‘(III) Big Trees Road. ‘‘(IV) Gri z zly Flat cutoff. ‘‘(V) Nevada City Road. ‘‘(VI) Y reka Trail. ‘‘(VII) Henness Pass route. ‘‘(VIII) J ohnson cutoff. ‘‘(IX) Luther Pass Trail. ‘‘(X) Volcano Road. ‘‘(XI) Sacramento-Coloma Wagon Road. ‘‘(XII) Burnett cutoff. ‘‘(XIII) Placer County Road to Auburn. ‘‘( 6 ) MOR M ON PI ONEER NATIONAL H ISTORI C TRAIL.— ‘‘(A) STU DY RE Q UIRED.—The Secretary of the Interior shall undertake a study of the routes of the Mormon Pio- neer Trail listed in subparagraph (B) and generally depicted in the map entitled ‘Western E migrant Trails 1830 /18 7 0 ’ and dated 1 9 91/1993, and of such other routes of the Mormon Pioneer Trail that the Secretary considers appropriate, to determine the feasibility and suitability of designation of 1 or more of the routes as components of the Mormon Pioneer National Historic Trail. ‘‘(B) CO V ERED ROUTES.—The routes to be studied under subparagraph (A) shall include the following ‘‘(i) 18 4 6 Subse q uent routes A and B (Lucas and Clarke Counties, Iowa). ‘‘(ii) 18 5 6 – 57 Handcart route (Iowa City to Council Bluffs). ‘‘(iii) Keokuk route (Iowa). ‘‘(iv) 1847 Alternative Elkhorn and Loup River Crossings in Nebraska. ‘‘(v) Fort Leavenworth Road O x Bow route and alternates in Kansas and Missouri (Oregon and Cali- fornia Trail routes used by Mormon emigrants). ‘‘(vi) 1850 Golden Pass Road in Utah. ‘‘(7) SHARED CALI F ORNIA AND ORE G ON TRAIL ROUTES.—