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 123STA T . 1 095PUBLIC LA W 111 – 11 —M A R .30, 2009 SEC.20 02. ES TABLI S HM E N T OF THE NATIONAL LAN D SCA P E CON - SE RV ATION S Y STEM. (a)ESTABLI S HMEN T .—Inorde r t o c on s er v e ,p rotect, and restore nat i ona l l y si g ni f icant landscapes t h at have o u tstanding cultural, ecological, and scientific values for the b enefit of current and future generations, there is established in the B ureau of L and M anage -m ent the N ational Landscape C onservation S ystem. (b) C O M P ONENTS.— T he system shall include each of the fol- lo w ing areas administered by the Bureau of Land Management ( 1 ) Each area that is designated as— ( A ) a national monument (B) a national conservation area; (C) a wilderness study area; ( D ) a national scenic trail or national historic trail designated as a component of the National Trails System; (E) a component of the National W ild and Scenic R ivers System; or ( F ) a component of the National Wilderness P reserva- tion System. ( 2 ) Any area designated by Congress to be administered for conservation purposes, including— (A) the Steens Mountain Cooperative Management and Protection Area; (B) the H eadwaters Forest Reserve; (C) the Y a q uina Head O utstanding Natural Area; (D) public land within the California Desert Conserva- tion Area administered by the Bureau of Land Management for conservation purposes; and (E) any additional area designated by Congress for inclusion in the system. (c) MANA G EMENT.—The Secretary shall manage the system— (1) in accordance with any applicable law (including regula- tions) relating to any component of the system included under subsection (b); and (2) in a manner that protects the values for which the components of the system were designated. (d) E F FE C T.— (1) IN GENE R AL.—Nothing in this subtitle enhances, dimin- ishes, or modifies any law or proclamation (including regula- tions relating to the law or proclamation) under which the components of the system described in subsection (b) were established or are managed, including— (A) the Alas k a National Interest Lands Conservation Act (1 6U .S.C. 3 1 0 1 et seq.); (B) the Wilderness Act (16 U.S.C. 1131 et seq.); (C) the Wild and Scenic Rivers Act (16 U.S.C. 12 7 1 et seq.); (D) the National Trails System Act (16 U.S.C. 12 4 1 et seq.); and (E) the Federal Land Policy and Management Act of 1 9 76 (43 U.S.C. 1701 et seq.). (2) FISH AN DW ILDLIFE.—Nothing in this subtitle shall be construed as affecting the authority, j urisdiction, or responsi- bility of the several States to manage, control, or regulate fish and resident wildlife under State law or regulations, including the regulation of hunting, fishing, trapping and rec- reational shooting on public land managed by the Bureau of 16USC720 2.


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Page:United States Statutes at Large Volume 123.djvu/1116

 123STA T . 1 096PUBLIC LA W 111 – 11 —M A R .30, 2009 LandM ana gem en t.No t hi ng in thi s s ub tit l e shall be c onst r ued as limiting access f or hunting , fishing, tra p ping, or recreational shooting. SEC.20 0 3 . AUTHORIZ ATIO N O F A P PROPRIATIONS. T here are authori z ed to be appropriated such sums as are necessar y to carry out this subtitle. Subti t leB—Pr e h i s t o ri cT r a c kw a y s N atio n al M onu m ent SEC. 2 1 01. FIN D IN G S. C ongress finds that —(1) in1 987 ,ama j or deposit of P aleozoic E ra fossilized footprint megatrac kw ays was disco v ered in the R obledo Moun - tains in southern New Me x ico ( 2 ) the trackways contain footprints of numerous amphib- ians, reptiles, and insects (including previously unknown spe- cies), plants, and petrified wood dating back approximately 28 0 ,000,000 years, which collectively provide new opportunities to understand animal behaviors and environments from a time predating the dinosaurs; ( 3 ) title I II of Public Law 101 –5 78 (10 4S tat. 28 6 0)— ( A ) provided interim protection for the site at which the trackways were discovered; and ( B ) directed the Secretary of the Interior to— (i) prepare a study assessing the significance of the site; and (ii) based on the study, provide recommendations for protection of the paleontological resources at the site; (4) the Bureau of Land Management completed the Paleo- zoic Trackways Scientific Study Report in 1994, which characterized the site as containing ‘ ‘the most scientifically significant Early Permian tracksites ’ ’ in the world; (5) despite the conclusion of the study and the recommenda- tions for protection, the site remains unprotected and many irreplaceable trackways specimens have been lost to vandalism or theft; and (6) designation of the trackways site as a National Monu- ment would protect the uni q ue fossil resources for present and future generations while allowing for public education and continued scientific research opportunities. SEC. 2102. DEFINITIONS. In this subtitle (1) M ONUME N T .—The term ‘‘Monument’’ means the Pre- historic Trackways National Monument established by section 2103(a). (2) PU BLIC L A N D .—The term ‘‘public land’’ has the meaning given the term ‘‘public lands’’ in section 103 of the F ederal Land Policy and Management Act of 1976 (43 U .S.C. 1702). (3) SEC R ETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. NewM e xico.16USC43 1 n o t e. 16 USC 720 3.

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Page:United States Statutes at Large Volume 123.djvu/1117

 123STA T . 1 097PUBLIC LA W 111 – 11 —M A R .30, 2009 SEC.2103 .ES TABLI S HM E N T. (a)INGE NE RAL.— I norde r t o c on s er v e ,p rotect, and en h ance the u n iq ue and nationa l l y i m portant paleontolo g ical, scienti f ic, edu - cational, scenic, and recreational resources and values of the pu b lic land described in subsection (b), there is established the P rehistoric T rac kw ays N ational M onument in the S tate of New Me x ico. (b) D E SC R IPT I O NO FL AN D .—The Monument shall consist of approximately 5, 280 acres of public land in Don ˜ a A na C ounty, New Mexico, as generally depicted on the map entitled ‘ ‘Prehistoric Trackways National Monument ’ ’ and dated December 17, 2008. (c) MAP LE G AL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall prepare and submit to Congress an official map and legal description of the Monu- ment. (2) CORRECTIONS.—The map and legal description sub- mitted under paragraph (1) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any clerical or typographical errors in the legal description and the map. ( 3 ) CONFLICT B ET W EEN M AP AND LEGAL DESCRIPTION.—In the case of a conflict between the map and the legal description, the map shall control. ( 4 )A V AILABILIT Y OF MAP AND LEGAL DESCRIPTION.—Copies of the map and legal description shall be on file and available for public inspection in the appropriate offices of the B ureau of Land Management. (d) MINOR BO U NDARY AD J USTMENTS.—If additional paleontolog- ical resources are discovered on public land ad j acent to the Monu- ment after the date of enactment of this Act, the Secretary may make minor boundary adjustments to the Monument to include the resources in the Monument. SEC. 210 4 .A D MINIST R ATI O N. (a) MANAGEMENT.— (1) IN GENERAL.—The Secretary shall manage the Monu- ment— (A) in a manner that conserves, protects, and enhances the resources and values of the Monument, including the resources and values described in section 2103(a); and (B) in accordance with— (i) this subtitle; (ii) the F ederal Land Policy and Management Act of1 9 7 6 (43 U .S.C. 1701 et seq.); and (iii) other applicable laws. (2) NATIONAL LANDSCAPE CONSERVATION SYSTEM.—The Monument shall be managed as a component of the National Landscape Conservation System. (b) MANAGEMENT PLAN.— (1) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a com- prehensive management plan for the long-term protection and management of the Monument. (2) COMPONENTS.—The management plan under paragraph (1)— (A) shall— Deadlin e .N e wM e x i co.


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Page:United States Statutes at Large Volume 123.djvu/1118

 123STA T . 1 098PUBLIC LA W 111 – 11 —M A R .30, 2009 (i)descr i b e th e ap pr o priate u ses a n d m ana g ement o f the M onument , consistent w ith the pro v isions of this subtit l e and (ii) allow for continued scientific research at the Monument during the development of the management plan; and ( B )ma y— (i) incorporate any appropriate decisions contained in any current management or activity plan for the land described in section 2103 (b); and (ii) use information developed in studies of any land within or ad j acent to the Monument that were conducted before the date of enactment of this A ct . (c) A UTHORIZEDUS ES.— T he S ecretary shall only allow uses of the Monument that the Secretary determines would further the purposes for which the Monument has been established. (d) IN TER P RET A TION, E DU C ATION, AND SCIENTI F IC R ESEARCH.— (1) IN G ENERA L .—The Secretary shall provide for public interpretation of, and education and scientific research on, the paleontological resources of the Monument, with priority given toe x hibiting and curating the resources in D on ˜ a Ana C ounty, N ew Mexico. (2) COOPERATI V E AGREE M ENTS.—The Secretary may enter into cooperative agreements with appropriate public entities to carry out paragraph (1). (e) SPECIAL MANAGEMENT AREAS.— (1) IN GENERAL.—The establishment of the Monument shall not change the management status of any area within the boundary of the Monument that is— (A) designated as a wilderness study area and managed in accordance with section 6 03(c) of the F ederal L and P olicy and Management Act of 1 97 6( 4 3 U.S.C. 17 8 2(c)); or (B) managed as an area of critical environment con - cern. (2) CONFLICT OF LA W S.—If there is a conflict between the laws applicable to the areas described in paragraph (1) and this subtitle, the more restrictive provision shall control. (f) MOTORIZED V EHICLES.— (1) IN GENERAL.—Except as needed for administrative pur- poses or to respond to an emergency, the use of motori z ed vehicles in the Monument shall be allowed only on roads and trails designated for use by motorized vehicles under the management plan prepared under subsection (b). (2) PERMITTED EVENTS.—The Secretary may issue permits for special recreation events involving motorized vehicles within the boundaries of the Monument— (A) to the extent the events do not harm paleontological resources; and (B) subject to any terms and conditions that the Sec- retary determines to be necessary. (g) W ITHDRAWALS.—Subject to valid existing rights, any Federal land within the Monument and any land or interest in land that is ac q uired by the United States for inclusion in the Monument after the date of enactment of this Act are withdrawn from— (1) entry, appropriation, or disposal under the public land laws;


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 123STA T . 1 09 9 PUBLIC LA W 111 – 11 —M A R .30, 2009 (2)locati o n,e nt ry ,an dp atent u nder t h e m inin g la ws; and ( 3 ) operation o f the mineral leasing laws, geothermal leasing laws, and minerals materials laws . (h) GRAZING . —T he S ecretary may allow gra z ing to continue in any area of the M onument in which grazing is allowed b efore the date of enactment of this A ct, sub j ect to applicable laws (including regulations). (i) W A TE R R IG H T S .— N othing in this subtitle constitutes an e x press or implied reser v ation by the U nited States of any water or water rights with respect to the Monument. SEC.2105 . AUTHORIZ ATIO N O F A P PROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle. Subti t leC—For tSt an ton - Sno wyR i v er Cave N ational Con s ervation A rea SEC. 2201. D EFINITIONS. I n this subtitle ( 1 ) CO NSER V ATION AREA.—The term ‘ ‘Conservation Area ’ ’ means the F ort Stanton - Snowy River Cave National Conserva- tion Area established by section 22 0 2(a). (2) MANAGE M ENT PL AN.—The term ‘‘management plan’’ means the management plan developed for the Conservation Area under section 2203(c). (3) SE C RETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the D irector of the B ureau of L and Management. SEC. 2202. ESTA BL ISH M ENT OF THE FORT STANTON - SNO WY RI V ER CAVE NATIONAL CONSERVATION AREA. (a) E STA B LISHMENT; PU RPOSES.—There is established the Fort Stanton-Snowy River Cave National Conservation Area in Lincoln County, New Mexico, to protect, conserve, and enhance the uni q ue and nationally important historic, cultural, scientific, archaeological, natural, and educational subterranean cave resources of the Fort Stanton-Snowy River cave system. (b) AREA INCLU D ED.—The Conservation Area shall include the area within the boundaries depicted on the map entitled ‘‘Fort Stanton-Snowy River Cave National Conservation Area’’ and dated December 1 5, 200 8 . (c) MAP AND LEGAL DESCRIPTION.— (1) IN GENERAL.—As soon as practicable after the date of enactment of this Act, the Secretary shall submit to Congress a map and legal description of the Conservation Area. (2) E F FECT.—The map and legal description of the Con- servation Area shall have the same force and effect as if included in this subtitle, except that the Secretary may correct any minor errors in the map and legal description. (3) PUBLIC AVAILABILITY.—The map and legal description of the Conservation Area shall be available for public inspection in the appropriate offices of the Bureau of Land Management. 16USC4 6 0y yy – 1 . 16 USC 460yyy. NewM e xico .


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 123STA T . 11 0 0 PUBLIC LA W 111 – 11 —M A R .30, 200 9SEC.2 2 03 . MAN A G EMEN TOF T H E CONSE RV AT I ON AREA. (a)MAN A GEM EN T.— ( 1 ) I N GENE R A L .— TheS e cr e t ar ys ha l l m a n a g e the Co n - ser v at i on A rea— (A) in a manner that conserves ,p rotects, an d enhances the reso u rces and values o f the Conservation Area, including the resources and values descri b ed in section 2 2 0 2(a) and ( B ) in accordance w ith— (i) this subtitle; (ii) the F ederal L and P olicy and Management Act of1 976 ( 43U .S.C. 1701 et se q .); and (iii) any other applicable laws. (2) U S ES.—The Secretary shall only allow uses of the Con- servation Area that are consistent with the protection of the cave resources. (3) R E QUI REMENTS.—In administering the Conservation Area, the Secretary shall provide for— (A) the conservation and protection of the natural and unique features and environs for scientific, educational, and other appropriate public uses of the Conservation Area; (B) public access, as appropriate, while providing for the protection of the cave resources and for public safety; (C) the continuation of other e x isting uses or other new uses of the Conservation Area that do not impair the purposes for which the Conservation Area is estab- lished; ( D ) management of the surface area of the Conserva- tion Area in accordance with the Fort Stanton Area of Critical E nvironmental Concern Final Activity Plan dated March, 2001, or any amendments to the plan, consistent with this subtitle; and (E) scientific investigation and research opportunities within the Conservation Area, including through partner- ships with colleges, universities, schools, scientific institu- tions, researchers, and scientists to conduct research and provide educational and interpretive services within the Conservation Area. (b) W IT HD RA W ALS.—Sub j ect to valid existing rights, all Federal surface and subsurface land within the Conservation Area and all land and interests in the land that are acquired by the United States after the date of enactment of this Act for inclusion in the Conservation Area, are withdrawn from— (1) all forms of entry, appropriation, or disposal under the general land laws; (2) location, entry, and patent under the mining laws; and (3) operation under the mineral leasing and geothermal leasing laws. (c) MANAGEMENT PLAN.— (1) IN GENERAL.— N ot later than 2 years after the date of enactment of this Act, the Secretary shall develop a com- prehensive plan for the long-term management of the Conserva- tion Area. (2) PUR PO SES.—The management plan shall— (A) describe the appropriate uses and management of the Conservation Area; Deadlin e .16USC4 6 0y yy –2.


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 123STA T . 11 0 1 PUBLIC LA W 111 – 11 —M A R .30, 200 9(B)incorp or ate, a s appropriate, d ecisions contained in an y ot h er m ana g ement or acti v ity p l an f or the land w ithin or ad j acent to the C onservation A rea (C) ta k e into consideration any information developed in st u dies of the land and resources within or adjacent to the Conservation Area; and ( D ) provide for a cooperative agreement with L incoln County, N ew M e x ico, to address the historical involvement of the local community in the interpretation and protection of the resources of the Conservation Area . (d) RES E ARCH A NDI N T ER P RET IV E F ACI L ITIES. — ( 1 )IN G ENERAL.— T he S ecretary may esta b lish facilities for— (A) the conduct of scientific research; and (B) the interpretation of the historical, cultural, sci - entific, archaeological, natural, and educational resources of the Conservation Area. ( 2 )C O OPERATIVE AGREE M ENTS.—The Secretary may, in a manner consistent with this subtitle, enter into cooperative agreements with the State of New Mexico and other institutions and organi z ations to carry out the purposes of this subtitle. (e) W ATER RIGHTS.—Nothing in this subtitle constitutes an express or implied reservation of any water right. SEC.2 2 04 . AUTHORIZ ATIO N O F A P PROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle. Subti t leD— S nak e R i v e rB ir dsofP re yN ational C onservation A rea SEC. 2 3 0 1 . SNA K ERI V ER B IR D SOFPRE Y NATIONA L CONSERVATION AREA. (a) RENAMING.— P ublic Law 1 03–64 is amended— (1) in section 2(2) (16 U .S.C. 460iii–1(2)), by inserting ‘ ‘Morley Nelson ’ ’ before ‘‘Snake River Birds of Prey National Conservation Area’’; and (2) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by inserting ‘‘Morley Nelson’’ before ‘‘Snake River Birds of Prey National Conservation Area’’. (b) RE F ERENCES.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Snake River Birds of Prey National Conservation Area shall be deemed to be a reference to the Morley Nelson Snake River Birds of Prey National Conservation Area. (c) TECHNICAL CORRECTIONS.—Public Law 103–64 is further amended— (1) in section 3(a)(1) (16 U.S.C. 460iii–2(a)(1)), by striking ‘‘(hereafter referred to as the ‘conservation area’)’’; and (2) in section 4 (16 U.S.C. 460iii–3)— (A) in subsection (a)(2), by striking ‘‘Conservation Area’’ and inserting ‘‘conservation area’’; and (B) in subsection (d), by striking ‘‘ V isitors Center’’ and inserting ‘‘visitors center’’. 16USC4 6 0i ii note. 16 USC 460 y yy –3 .


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 123STA T . 11 0 2 PUBLIC LA W 111 – 11 —M A R .30, 200 9Subti t leE—Dom i ng ue z- E sca lante N ational C onse rv ation A rea SEC.2401 . D E FIN I T I O NS. Inthis s ub tit le:(1)CONSERVATI ON AREA .—T he te rm‘ ‘C o nser va tion A rea ’ ’ means the D omin g ue z-E s c alante N ational Conservation Area establishe d b y section 240 2(a)(1). (2) CO U N C I L .—The term ‘‘Council’’ means the Dominguez- Escalante National Conservation Area Advisory Council estab- lished under section 240 7 . ( 3 ) M ANA G E M ENT P LAN.—The term ‘‘management p lan’’ means the management plan developed under section 240 6 . (4) MAP.—The term ‘‘Map’’ means the map entitled ‘‘Dominguez-Escalante National Conservation Area’’ and dated S eptember 1 5, 200 8 . (5) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary o f the Interior. (6) STATE.—The term ‘‘State’’ means the State of Colorado. (7) W IL D ERNESS.—The term ‘‘Wilderness’’ means the Dominguez Canyon Wilderness Area designated by section 2403(a). SEC. 2402. DO M IN GU E Z- ESC AL ANTE NATIONAL CONSE RV ATION AREA. (a) ESTA B LIS H MENT.— (1) IN GENERAL.—There is established the Dominguez- Escalante National Conservation Area in the State. (2) AREA INCLUDED.—The Conservation Area shall consist of appro x imately 20 9 ,610 acres of public land, as generally depicted on the Map. (b) P URPOSES.—The purposes of the Conservation Area are to conserve and protect for the benefit and en j oyment of present and future generations— (1) the uni q ue and important resources and values of the land, including the geological, cultural, archaeological, paleon- tological, natural, scientific, recreational, w ilderness, wildlife, riparian, historical, educational, and scenic resources of the public land and (2) the water resources of area streams, based on seasonally available flows, that are necessary to support aquatic, riparian, and terrestrial species and communities. (c) MANAGEMENT.— (1) IN GENERAL.—The Secretary shall manage the Con- servation Area— (A) as a component of the National L andscape Con- servation System; ( B ) in a manner that conserves, protects, and enhances the resources and values of the Conservation Area described in subsection (b); and (C) in accordance with— (i) the F ederal Land Policy and Management Act of 1976 (43 U .S.C. 1701 et seq.); (ii) this subtitle; and (iii) any other applicable laws. (2) USES.— 16USC4 6 0z zz – 1 . 16 USC 460zzz.


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 123STA T . 11 0 3 PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)INGE NE RAL.—TheS e cr e ta r ys ha l l all ow o n lys u ch uses o f the C onser v at i on Area as the Secretary d eter m ines would further the p urposes for which the Conservation Area is esta b lished. ( B ) US E OFM O T OR IZ E DV E H I C LES.— (i) IN GENERAL.— Ex cept as provided in clauses (ii) and (iii) , use of motori z ed vehicles in the Conserva - tion Area shall be allowed— (I) before the effective date of the mana g ement plan, only on roads and trails designated for use of motor vehicles in the management plan that applies on the date of the enactment of this Act to the public land in the Conservation Area and (II) after the effective date of the management plan, only on roads and trails designated in the management plan for the use of motor vehicles. (ii) ADMINISTRATIVE AND EMERGENC Y RES P ONSE U SE.—Clause (i) shall not limit the use of motor vehicles in the Conservation Area for administrative purposes or to respond to an emergency. (iii) L IMITATION.—This subparagraph shall not apply to the W ilderness. SEC.2403 . DOMINGU E Z C A N Y ON W I L DE R NESS AREA. (a) IN G ENERAL.—In accordance with the Wilderness Act ( 16 U.S.C. 11 3 1etse q .), the approximately 66, 280 acres of public land in M esa, Montrose, and D elta Counties, Colorado, as generally depicted on the Map, is designated as wilderness and as a compo- nent of the N ational Wilderness P reservation System, to be k nown as the ‘ ‘Dominguez Canyon Wilderness Area ’ ’. (b) ADMINISTRATION OF WILDERNESS.—The Wilderness shall be managed by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this subtitle, except that— (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. SEC. 2404. MA P S AND LEGAL DESCRIP T IONS. (a) IN GENERAL.—As soon as practicable after the date of enact- ment of this Act, the Secretary shall file a map and a legal descrip- tion of the Conservation Area and the Wilderness with— (1) the Committee on Energy and Natural R esources of the Senate; and (2) the Committee on Natural Resources of the H ouse of Representatives. (b) F ORCE AND EFFECT.—The Map and legal descriptions filed under subsection (a) shall have the same force and effect as if included in this subtitle, except that the Secretary may correct clerical and typographical errors in the Map and legal descriptions. (c) PU B LIC AVAILABILITY.—The Map and legal descriptions filed under subsection (a) shall be available for public inspection in the appropriate offices of the Bureau of Land Management. 16USC4 6 0z zz –3. 16 USC 460zzz– 2 . 16 USC 1132 note .


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 123STA T . 11 04PUBLIC LA W 111 – 11 —M A R .30, 200 9SEC.2405 . MAN A G EMEN TOF CONSE RV AT I ON AREA AN DW I L DERNESS. (a)WITHDRAW A L.—Subject t ov a lid e x i s ti ngr ig h ts , all F ederal land w ithin the C onservation A rea and the Wilderness and all land and interests in land ac q uired b y the U nited States within the Conservation Area or the Wilderness is withdrawn f ro m — ( 1 ) all forms of entry, a p propriation, or disposal under the public land laws ( 2 ) location, entry, and patent under the mining laws; and ( 3 ) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (b) G RA Z I NG .— (1) GRAZING IN CO N SE R V ATION AREA.— E xcept as provided in paragraph (2), the Secretary shall issue and administer any gra z ing leases or permits in the Conservation Area in accordance with the laws (including regulations) applicable to the issuance and administration of such leases and permits on other land under the jurisdiction of the B ureau of L and M anagement. (2) GRAZING IN WILDERNESS.— T he grazing of livestoc k in the Wilderness, if established as of the date of enactment of this Act, shall be permitted to continue— (A) subject to any reasonable regulations, policies, and practices that the Secretary determines to be necessary; and (B) in accordance with— (i) section 4 (d)(4) of the Wilderness Act (1 6 U.S.C. 1133(d)(4)); and (ii) the guidelines set forth in Appendix A of the report of the Committee on I nterior and Insular Affairs of the H ouse of R epresentatives accompanying H.R. 2 570 of the 101st Congress (H. Rept. 101 – 405). (c) N OB UF FER Z ONES.— (1) IN GENERAL.—Nothing in this subtitle creates a protec - tive perimeter or buffer zone around the Conservation Area. (2) ACTIVITIES OUTSIDE CONSERVATION AREA.—The fact that an activity or use on land outside the Conservation Area can be seen or heard within the Conservation Area shall not pre- clude the activity or use outside the boundary of the Conserva- tion Area. (d) AC Q UISITION OF LAND.— (1) IN GENERAL.—The Secretary may acquire non-Federal land within the boundaries of the Conservation Area or the Wilderness only through exchange, donation, or purchase from a willing seller. (2) MANAGE M ENT.—Land acquired under paragraph (1) shall— (A) become part of the Conservation Area and, if applicable, the Wilderness; and (B) be managed in accordance with this subtitle and any other applicable laws. (e) FIRE, INSECTS, AND D ISEASES.—Subject to such terms and conditions as the Secretary determines to be desirable and appro- priate, the Secretary may undertake such measures as are nec- essary to control fire, insects, and diseases— (1) in the Wilderness, in accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)); and Contrac t s.Pe r mi ts. 16US C 4 6 0z zz – 4.


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 123STA T . 11 05PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)exc e ptas p rovid edi n para g rap h ( 1 ), in the C onservation A rea in accordance w ith this s ub tit l eandan y other applicable laws . ( f )A C C ES S. —T he S ecretary shall continue to provide private landowners ade q uate access to inholdings in the Conservation Area. (g) INVA S I VES P ECIES AN DNOX IO U S W EEDS.—In accordance with any applicable laws and sub j ect to such ter m s and conditions as the Secretary determines to be desirable and appropriate, the Sec - retary may prescribe measures to control nonnative invasive plants and noxious weeds within the Conservation Area. (h) WA T E RR I GH TS.— (1) EF FECT.—Nothing in this subtitle— (A) affects the use or allocation, in existence on the date of enactment of this Act, of any water, water right, or interest in water ( B ) affects any vested absolute or decreed conditional water right in existence on the date of enactment of this Act, including any water right held by the U nited States; (C) affects any interstate water compact in existence on the date of enactment of this Act; ( D ) authori z es or imposes any new reserved F ederal water rights; or (E) shall be considered to be a relinquishment or reduc- tion of any water rights reserved or appropriated by the United States in the State on or before the date of enact- ment of this Act. (2) WI L DERNESS W ATER RIGHTS.— (A) IN GENERAL.—The Secretary shall ensure that any water rights within the Wilderness required to fulfill the purposes of the Wilderness are secured in accordance with subparagraphs (B) through ( G ). (B) STATE LAW.— (i) P ROCEDURAL RE Q UIRE M ENTS.—Any water rights within the Wilderness for which the Secretary pursues adjudication shall be adjudicated, changed, and administered in accordance with the procedural requirements and priority system of State law. (ii) ESTA B LISHMENT OF WATER RIGHTS.— (I) IN GENERAL.—Except as provided in sub- clause (II), the purposes and other substantive characteristics of the water rights pursued under this paragraph shall be established in accordance with State law. (II) EXCEPTION.—Notwithstanding subclause (I) and in accordance with this subtitle, the Sec- retary may appropriate and see k adjudication of water rights to maintain surface water levels and stream flows on and across the Wilderness to fulfill the purposes of the Wilderness. (C) DEADLINE.—The Secretary shall promptly, but not earlier than J anuary 2 0 0 9, appropriate the water rights required to fulfill the purposes of the Wilderness. (D) REQUIRED DETERMINATION.—The Secretary shall not pursue adjudication for any instream flow water rights unless the Secretary makes a determination pursuant to subparagraph (E)(ii) or (F). (E) COOPERATIVE ENFORCEMENT.—


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 123STA T . 11 06PUBLIC LA W 111 – 11 —M A R .30, 200 9(i)INGE NE RAL.—TheS e cr e ta r ys ha l l no t pu rsue a dj udication o f any F ederal instrea m flo w water ri g hts esta b lished under this paragraph if— (I) the Secretary determines , upon adjudica - tion of the water rights by the C olorado W ater Conser v ation B oard, that the Board holds water rights sufficient in priority, amount, and timing to fulfill the purposes of the Wilderness and (II) the Secretary has entered into a perpetual agreement with the Colorado Water Conservation Board to ensure the full e x ercise, protection, and enforcement of the State water rights within the Wilderness to reliably fulfill the purposes of the Wilderness. (ii) ADJU D IC A T I O N.—If the Secretary determines that the provisions of clause (i) have not been met, the Secretary shall adjudicate and exercise any Federal water rights re q uired to fulfill the purposes of the Wilderness in accordance with this paragraph. (F) IN S U F FICIENT W ATER RIG H TS.—If the Colorado Water Conservation Board modifies the instream flow water rights obtained under subparagraph ( E )tosucha degree that the Secretary determines that water rights held by the State are insufficient to fulfill the purposes of the Wilderness, the Secretary shall adjudicate and exer- cise Federal water rights required to fulfill the purposes of the Wilderness in accordance with subparagraph (B). ( G ) FAILURE TO CO MP L Y .—The Secretary shall promptly act to exercise and enforce the water rights described in subparagraph (E) if the Secretary determines that— (i) the State is not exercising its water rights con- sistent with subparagraph (E)(i)(I); or (ii) the agreement described in subparagraph (E)(i)(II) is not fulfilled or complied with sufficiently to fulfill the purposes of the Wilderness. ( 3 ) WATER RESOURCE FACILITY.— (A) IN GENERAL.— N otwithstanding any other provision of law and subject to subparagraph (B), beginning on the date of enactment of this Act, neither the P resident nor any other officer, employee, or agent of the U nited States shall fund, assist, authori z e, or issue a license or permit for the development of any new irrigation and pumping facility, reservoir, water conservation wor k , aqueduct, canal, ditch, pipeline, well, hydropower project, trans- mission, other ancillary facility, or other water, diversion, storage, or carriage structure in the Wilderness. (B) E X CEPTION.—Notwithstanding subparagraph (A), the Secretary may allow construction of new livestock watering facilities within the Wilderness in accordance with— (i) section 4 (d)(4) of the Wilderness Act ( 16 U.S.C. 1133(d)(4)); and (ii) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the H ouse of R epresentatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101 – 405).


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 123STA T . 11 07PUBLIC LA W 111 – 11 —M A R .30, 200 9(4)CONSERVATI ON AREA W ATER RI GH TS .—Withresp e c tt owa ter withi n the Conser v ation A rea , nothin g in this s ub tit l e— (A) authori z es an yF e d eral agency to appropriate or otherwise ac q uire any water right on the m ainstem o f the G unnison R iver or ( B ) prevents the S tate from appropriating or acquiring, or requires the State to appropriate or acquire, an instream flow water right on the mainstem of the Gunnison River. ( 5 )WI LD ERNESS B O U NDARIES ALONG GUNNISON RIVER.— (A) I N GENERAL.—In areas in which the Gunnison River is used as a reference for defining the boundary of the Wilderness, the boundary shall— (i) be located at the edge of the river; and (ii) change according to the river level. (B) EXC LUSION F RO M WILDERNESS.—Regardless of the level of the Gunnison River, no portion of the Gunnison River is included in the Wilderness. (i) EFFECT.— N othing in this subtitle— ( 1 ) diminishes the j urisdiction of the State with respect to fish and wildlife in the State; or ( 2 ) imposes any Federal water quality standard upstream of the Conservation Area or within the mainstem of the Gunni - son River that is more restrictive than would be applicable had the Conservation Area not been established. (j) V ALID EXISTING RIGHTS.— T he designation of the Conserva- tion Area and Wilderness is subject to valid rights in e x istence on the date of enactment of this Act. SEC.2406 . MAN A G EMEN TPL AN. (a) IN GENERAL.—Not later than 3 years after the date of enactment of this Act, the Secretary shall develop a comprehensive management plan for the long-term protection and management of the Conservation Area. (b) P UR P OSES.—The management plan shall— (1) describe the appropriate uses and management of the Conservation Area; (2) be developed with extensive public input; (3) ta k e into consideration any information developed in studies of the land within the Conservation Area; and (4) include a comprehensive travel management plan. SEC. 240 7 .A DVI S ORY CO U NCIL. (a) ESTABLISHMENT.—Not later than 1 80 days after the date of enactment of this Act, the Secretary shall establish an advisory council, to be known as the ‘ ‘ D ominguez-Escalante National Con- servation Area Advisory Council ’ ’. (b) DUTIES.—The Council shall advise the Secretary with respect to the preparation and implementation of the management plan. (c) APPLICABLE L AW.—The Council shall be subject to— (1) the Federal Advisory Committee Act (5 U .S.C. App.); and (2) the Federal Land Policy and M anagement Act of 1 976 (43 U.S.C. 1701 et seq.). (d) MEMBERS.—The Council shall include 10 members to be appointed by the Secretary, of whom, to the extent practicable— (1) 1 member shall be appointed after considering the rec- ommendations of the Mesa County Commission; 16USC4 6 0z zz – 6 .Deadlin e. 16 USC 460zzz– 5 . Deadline.


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 123STA T . 11 08PUBLIC LA W 111 – 11 —M A R .30, 200 9(2)1me m b e rshal lbea p p oint e d a f ter c onsiderin g the rec - ommendations of the M ontrose C o u nt y Commission ( 3 ) 1 member shall be appointed after considering the rec- ommendations of the D elta County Commission; ( 4 ) 1 member shall be appointed after considering the rec- ommendations of the permittees holding gra z ing allotments w ithin the Conser v ation A rea or the W ilderness; and ( 5 ) 5 members shall reside in , or within reasonable pro x - imity to, Mesa County, Delta County, or Montrose County, Colorado, with bac k grounds that reflect — (A) the purposes for which the Conservation Area or Wilderness was established; and ( B ) the interests of the stakeholders that are affected by the planning and management of the Conservation Area and Wilderness . (e) REPR E S E NTA T IO N.— T he S ecretary shall ensure that the membership of the Council is fairly balanced in terms of the points of view represented and the functions to be performed by the Council. (f) D U RATION.—The Council shall terminate on the date that is 1 year from the date on which the management plan is adopted by the Secretary. SEC.2408 . AUTHORIZ ATIO N O F A P PROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this subtitle. Subti t leF—R i oP ue rc o Wa ter sh e dM a n a g e m ent Program SEC. 2 5 0 1 . RIO PUERCO W ATERSHE DM ANA G EMENT PROGRAM. (a) RIO P UER C O MANA G E M ENT COMMITTEE.—Section 4 0 1(b) of the O mnibus Parks and Public L ands Management Act of 1 9 9 6 (Public Law 104 – 333; 110 Stat. 414 7 ) is amended— (1) in paragraph (2)— (A) by redesignating subparagraphs ( I ) through ( N ) as subparagraphs ( J ) through (O), respectively; and (B) by inserting after subparagraph ( H ) the following

‘(I) the E nvironmental Protection Agency; ’ ’; and (2) in paragraph (4), by striking ‘‘enactment of this Act’’ and inserting ‘‘enactment of the Omnibus Public Land Manage- ment Act of 2009’’. (b) AUT H ORI Z ATION O F APPROPRIATIONS.—Section 401(e) of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 414 8 ) is amended by striking ‘‘enactment of this Act’’ and inserting ‘‘enactment of the Omnibus Public Land Management Act of 2009’’. Subtitle G — L and C on v e y ances and Ex changes SEC. 2 6 01. CARSON CIT Y, NE V ADA, L AND CONVEYANCES. (a) DEFINITIONS.—In this section: 16USC4 6 0z zz –7.Terminat i o n d ate.


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 123STA T . 11 09PUBLIC LA W 111 – 11 —M A R .30, 2009 (1)CITY.—Thet e rm‘ ‘C i t y’ ’me ans Cars o n City Conso l i d ated Mu ni c i p ality ,N e v ada. ( 2 )M AP .—The term ‘‘Map’’ means the map entitled ‘‘Carson City, Nevada A rea’’, dated Novem b er 7 ,2 0 0 8 ,andon f ile and available for public inspection in the appropriate offices of— (A) the B ureau of L and Mana g ement (B) the F orest S ervice; and (C) the City. ( 3 )S ECR ETARY.—The term ‘‘Secretary’’ means— (A) w ith respect to land in the National Forest System, the Secretary of Agriculture, acting through the Chief of the Forest Service; and (B) with respect to other Federal land, the Secretary of the I nterior. ( 4 ) SECRETARIE S .—The term ‘‘Secretaries’’ means the Sec - retary of Agriculture and the Secretary of the Interior, acting j ointly. ( 5 ) TRI B E.—The term ‘‘Tribe’’ means the W ashoe Tribe of Nevada and California, which is a federally recogni z ed Indian tribe. (b) C ONV EYANCES O F FE D ERA L LAND AND CITY LAND.— (1) IN G ENERAL.—Notwithstanding section 202 of the Fed- eral Land P olicy and Management Act of 1 9 7 6 (43 U .S.C. 1712), if the City offers to convey to the United States title to the non-Federal land described in paragraph (2)(A) that is acceptable to the Secretary of Agriculture— (A) the Secretary shall accept the offer; and (B) not later than 180 days after the date on which the Secretary receives acceptable title to the non-Federal land described in paragraph (2)(A), the Secretaries shall convey to the City, subject to valid e x isting rights and for no consideration, except as provided in paragraph (3)(A), all right, title, and interest of the United States in and to the Federal land (other than any easement reserved under paragraph (3)(B)) or interest in land described in paragraph (2)(B). (2) D ESCRIPTION OF LAND.— (A) NON-FEDERAL LAND.—The non-Federal land referred to in paragraph (1) is the approximately 2,264 acres of land administered by the City and identified on the Map as ‘‘To U.S. Forest Service’’. (B) FEDERAL LAND.—The Federal land referred to in paragraph (1)(B) is— (i) the approximately 935 acres of Forest Service land identified on the Map as ‘‘To Carson City for Natural Areas’’; (ii) the approximately 3,604 acres of Bureau of Land Management land identified on the Map as ‘‘Silver Saddle R anch and Carson River Area’’; (iii) the approximately 1,848 acres of Bureau of Land Management land identified on the Map as ‘‘To Carson City for Par k s and Public Purposes’’; and (iv) the approximately 75 acres of City land in which the Bureau of Land Management has a rever- sionary interest that is identified on the Map as ‘‘Rever- sionary Interest of the United States Released’’. (3) CONDITIONS.— Deadlin e .


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 123STA T . 111 0PUBLIC LA W 111 – 11 —M A R .30, 200 9(A)CONSIDERAT ION .—Befor e th e c o nv e ya nce of the 62– acre Bernhar dp arce l totheC i ty , the City s hall deposit in the special acco u nt esta b lished by subsection (e)(2)(A) ana m ount e q ualto2 5 percent of the difference bet w een— (i) the amount for which the Bernhard parcel was purchased by the City on J uly 18 ,2 0 01 and (ii) the amount for which the Bernhard parcel was purchased by the S ecretary on M arch 2 4, 2006. (B) CONSER V ATION EASE M ENT.—As a condition of the conveyance of the land described in para g raph (2)(B)(ii), the Secretary, in consultation with Carson City and affected local interests, shall reserve a perpetual conservation ease - ment to the land to protect, preserve, and enhance the conservation values of the land, consistent with paragraph (4)(B). (C) COSTS.—Any costs relating to the conveyance under paragraph (1), including any costs for surveys and other administrative costs, shall be paid by the recipient of the land being conveyed. (4) U SEO FL AND.— (A) N AT U RAL AREAS.— (i) I N G ENERAL.— Ex cept as provided in clause (ii), the land described in paragraph (2)(B)(i) shall be man- aged by the City to maintain undeveloped open space and to preserve the natural characteristics of the land in perpetuity. (ii) E XC E P TION.—Notwithstanding clause (i), the City may— (I) conduct pro j ects on the land to reduce fuels; (II) construct and maintain trails, trailhead facilities, and any infrastructure on the land that is required for municipal water and flood manage- ment activities; and (III) maintain or reconstruct any improve- ments on the land that are in existence on the date of enactment of this Act. (B) SILVER SADDLE RANC H AND CARSON RIVER AREA.— (i) IN GENERAL.—Except as provided in clause (ii), the land described in paragraph (2)(B)(ii) shall— (I) be managed by the City to protect and enhance the Carson R iver, the floodplain and sur- rounding upland, and important wildlife habitat; and (II) be used for undeveloped open space, pas- sive recreation, customary agricultural practices, and wildlife protection. (ii) EXCEPTION.—Notwithstanding clause (i), the City may— (I) construct and maintain trails and trailhead facilities on the land; (II) conduct projects on the land to reduce fuels; (III) maintain or reconstruct any improve- ments on the land that are in existence on the date of enactment of this Act; and


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 123STA T . 1111 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(IV)al l owtheus eo fm oto riz e dv ehi c les o n desi g nated roads , trails, and areas in the south end of P rison H ill . ( C )P ARKS A NDPUBLIC PURP O S E S. —T he land descri b ed in p aragraph ( 2 )( B )(iii) shall be managed b y the City for— (i) undeveloped open space and (ii) recreation or other public purposes consistent with the A ct of J une 14 ,1 9 2 6 (commonly k nown as the ‘ ‘ R ecreation and Public Purposes Act ’ ’) (4 3U . S .C. 8 69etse q .). ( D )RE V ERSIONAR Y IN T EREST.— (i) RELEASE.—The reversionary interest described in paragraph (2)(B)(iv) shall terminate on the date of enactment of this Act. (ii) CONVEYANCE BY CITY.— (I) IN G ENERAL.—If the City sells, leases, or otherwise conveys any portion of the land described in paragraph (2)(B)(iv), the sale, lease, or conveyance of land shall be— (aa) through a competitive bidding process; and (bb) e x cept as provided in subclause (II), for not less than fair market value. (II) CONVEYANCE TO GOVERN M ENT OR NON - PRO F IT.—A sale, lease, or conveyance of land described in paragraph (2)(B)(iv) to the F ederal G overnment, a State government, a unit of local government, or a nonprofit organization shall be for consideration in an amount equal to the price established by the Secretary of the Interior under section 2 7 41 of title 43, Code of Federal Regulation (or successor regulations). (III) DISPOSITION OF PROCEEDS.—The gross proceeds from the sale, lease, or conveyance of land under subclause (I) shall be distributed in accordance with subsection (e)(1). ( 5 ) REVERSION.—If land conveyed under paragraph (1) is used in a manner that is inconsistent with the uses described in subparagraph (A), (B), (C), or (D) of paragraph (4), the land shall, at the discretion of the Secretary, revert to the United States. (6) M ISCELLANEOUS PROVISIONS.— (A) IN GENERAL.— O n conveyance of the non-Federal land under paragraph (1) to the Secretary of Agriculture, the non-Federal land shall— (i) become part of the Humboldt-Toiyabe N ational Forest; and (ii) be administered in accordance with the laws (including the regulations) and rules generally applicable to the National Forest System. (B) MANAGEMENT PLAN.—The Secretary of Agriculture, in consultation with the City and other interested parties, may develop and implement a management plan for National Forest System land that ensures the protection and stabilization of the National Forest System land to minimize the impacts of flooding on the City. (7) CONVEYANCE TO BUREAU OF LAND MANAGEMENT.—


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 123STA T . 1112 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)INGE NE RAL.— I ftheCi t yo ffe rs to c o nv ey to the U nite dS t a tes tit l etothenon -F ederal land descri b ed in s u b p ara g raph ( B ) that is acceptable to the Secretary of the Interior , the land shall, at the discretion of the Sec- retary, be conveyed to the United States. (B) D E SC R IPT I O NO F LAN D .— T he non-Federal land referred to in subparagraph (A) is the appro x i m ately 46 acres of land administered by the City and identified on the M ap as ‘ ‘To Bureau of L and Management ’ ’. (C) COSTS.—Any costs relating to the conveyance under subparagraph (A), including any costs for surveys and other administrative costs, shall be paid by the Secretary of the Interior. (c) TRANSFER OF AD M INISTRATI V E JU RISDICTION FROM T H E FOREST SERVICE TO THE BUREAU OF LAND MANAGEMENT.— ( 1 ) IN GENERAL.—Administrative j urisdiction over the approximately 50 acres of Forest Service land identified on the Map as ‘‘ P arcel 1’’ is transferred, from the Secretary of Agriculture to the Secretary of the Interior. ( 2 ) COSTS.—Any costs relating to the transfer under para- graph (1), including any costs for surveys and other administra- tive costs, shall be paid by the Secretary of the Interior. ( 3 ) USE OF LAND.— (A) R IGHT-OF- W A Y .— N ot later than 120 days after the date of enactment of this Act, the Secretary of the Interior shall grant to the City a right-of- w ay for the maintenance of flood management facilities located on the land. (B) DISPOSAL.—The land referred to in paragraph (1) shall be disposed of in accordance with subsection (d). (C) DISPOSITION OF PROCEEDS.—The gross proceeds from the disposal of land under subparagraph (B) shall be distributed in accordance with subsection (e)(1). (d) DISPOSAL OF CARSON CITY LAND.— (1) IN GENERAL.—Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1 97 6 (43 U.S.C. 1712, 1713), the Secretary of the Interior shall, in accord- ance with that Act, this subsection, and other applicable law, and subject to valid existing rights, conduct sales of the Federal land described in paragraph (2) to q ualified bidders. (2) DESCRIPTION OF LAND.—The Federal land referred to in paragraph (1) is— (A) the approximately 10 8 acres of Bureau of Land Management land identified as ‘‘Lands for Disposal’’ on the Map and (B) the approximately 50 acres of land identified as ‘‘Parcel #1’’ on the Map. (3) COMPLIANCE WITH LOCAL PLANNING AND Z ONING LAWS.— Before a sale of Federal land under paragraph (1), the City shall submit to the Secretary a certification that qualified bid- ders have agreed to comply with— (A) City z oning ordinances; and (B) any master plan for the area approved by the City. (4) METHOD OF SALE; CONSIDERATION.—The sale of Federal land under paragraph (1) shall be— Certif i ca ti on.D ea dl ine.


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 123STA T . 1113 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(A)consi s te nt w it h s ub sections ( d ) a nd( f ) of section 203 of the F ede r a lL and P olic y and M ana g e m ent Act of 1976 ( 4 3 U.S . C . 1713) ( B ) unless otherwise determined by the Secretary , through a com p etiti v e bidding process; and (C) for not less than fair mar k et value. ( 5 ) WITHDRAW A L . — (A) INGE NERAL.—Sub j ect to valid e x isting rights and except as provided in subparagraph (B), the Federal land described in paragraph (2) is withdrawn from— (i) all forms of entry and appropriation under the public land laws; (ii) location, entry, and patent under the mining laws; and (iii) operation of the mineral leasing and geo - thermal leasing laws. (B) EXC E P TI O N.—Subparagraph (A)(i) shall not apply to sales made consistent with this subsection. (6) D EADLINE F OR S ALE.— (A) IN GENERAL.—Except as provided in subparagraph (B), not later than 1 year after the date of enactment of this Act, if there is a q ualified bidder for the land described in subparagraphs (A) and (B) of paragraph (2), the Secretary of the Interior shall offer the land for sale to the qualified bidder. (B) POSTPONE M ENT; EXCL U SION FROM SALE.— (i) R E Q UEST BY CARSON CITY FOR POSTPONEMENT OR EXCLUSION.—At the request of the City, the Sec- retary shall postpone or exclude from the sale under subparagraph (A) all or a portion of the land described in subparagraphs (A) and (B) of paragraph (2). (ii) INDEFINITE POSTPONEMENT.—Unless specifi- cally requested by the City, a postponement under clause (i) shall not be indefinite. (e) DISPOSITION OF PROCEEDS.— (1) IN GENERAL.— O f the proceeds from the sale of land under subsections (b)(4)(D)(ii) and (d)(1)— (A) 5 percent shall be paid directly to the State for use in the general education program of the State; and (B) the remainder shall be deposited in a special account in the T reasury of the United States, to be known as the ‘ ‘Carson City Special Account ’ ’, and shall be available without further appropriation to the Secretary until expended to— (i) reimburse costs incurred by the Bureau of Land Management for preparing for the sale of the Federal land described in subsection (d)(2), including the costs of— (I) surveys and appraisals; and (II) compliance with— (aa) the N ational Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and (bb) sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713); (ii) reimburse costs incurred by the Bureau of Land Management and Forest Service for preparing for, and


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 123STA T . 111 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9car r yingout, t he tran sf ers of l an d to b e held in trust by the U nited S tates under subsection ( h ) ( 1 ) and (iii) ac q uire en v iron m entally sensitive land or an interest in environmentally sensitive land in the C ity . ( 2 )S ILVERSAD DLE E N D OWM EN T A C CO U NT. — ( A ) E STA B LIS H MENT.— T here is established in the Treasury of the United States a s p ecial account, to be k no w nasthe ‘ ‘Silver Saddle Endowment Account ’ ’, con - sisting of such amounts as are deposited under subsection (b)( 3 )(A). ( B ) AVAILABILIT Y O F AMOUNTS.—Amounts deposited in the account established by paragraph (1) shall be available to the Secretary, without further appropriation, for the oversight and enforcement of the conservation easement established under subsection (b)(3)(B). (f) URBAN I NTERFACE.— (1) IN G ENERAL.—E x cept as otherwise provided in this sec- tion and sub j ect to valid existing rights, the F ederal land described in paragraph (2) is permanently withdrawn from— (A) all forms of entry and appropriation under the public land laws and mining laws; (B) location and patent under the mining laws; and (C) operation of the mineral laws, geothermal leasing laws, and mineral material laws. (2) D ESCRI P TION OF LAND.—The land referred to in para- graph (1) consists of approximately 1 9, 74 7 acres, which is identified on the M ap as ‘‘Urban Interface W ithdrawal’’. (3) INCORPORATION OF AC Q UIRED LAND AND INTERESTS.— Any land or interest in land within the boundaries of the land described in paragraph (2) that is acquired by the United States after the date of enactment of this Act shall be with- drawn in accordance with this subsection. (4) O FF-HIGHWAY VEHICLE MANAGEMENT.—Until the date on which the Secretary, in consultation with the State, the City, and any other interested persons, completes a transpor- tation plan for Federal land in the City, the use of motori z ed and mechanical vehicles on Federal land within the City shall be limited to roads and trails in existence on the date of enactment of this Act unless the use of the vehicles is needed— (A) for administrative purposes; or (B) to respond to an emergency. (g) AVAILABILITY OF FUNDS.—Section 4(e) of the Southern N evada P ublic L and Management Act of 199 8 (Public Law 1 05– 2 6 3; 112 Stat. 2346; 116 Stat. 2007; 117 Stat. 1317; 118 Stat. 2414; 120 Stat. 3045) is amended— (1) in paragraph (3)(A)(iv), by striking ‘‘Clark, Lincoln, and White Pine Counties and Washoe County (subject to para- graph 4))’’ and inserting ‘‘Clark, Lincoln, and White Pine Coun- ties and Washoe County (subject to paragraph 4)) and Carson City (subject to paragraph (5))’’; (2) in paragraph (3)(A)(v), by striking ‘‘Clark, Lincoln, and White Pine Counties’’ and inserting ‘‘Clark, Lincoln, and White Pine Counties and Carson City (subject to paragraph (5))’’; (3) in paragraph (4), by striking ‘‘2011’’ and inserting ‘‘2015’’; and (4) by adding at the end the following


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 123STA T . 111 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (5)LIM I TA TI ONF O RC AR S ON CIT Y.—Carson C ity s h a l l be eli g ible to no m inate f ore xp en d it u re amounts to a cq uire land or an interest in land for par k s or natural areas and for conser v ation initiatives— ‘‘( A )ad j acent to the Carson R iver or ‘‘( B ) w ithin the floodplain of the Carson River. ’ ’. (h) T RANSF E ROFLAN D TO BE H E L DINTR U ST FOR W AS H OE TRI B E.— ( 1 ) I N G ENERAL.— S ubject to valid existing rights , all right, title, and interest of the U nited States in and to the land described in paragraph ( 2 )— (A) shall be held in trust by the United States for the benefit and use of the Tribe; and (B) shall be part of the reservation of the Tribe. (2) D ESCRI P TION OF LAND.—The land referred to in para - graph (1) consists of approximately 2 93 acres, which is identi- fied on the M ap as ‘‘To Washoe Tribe’’. (3) SUR V EY.— N ot later than 1 80 days after the date of enactment of this Act, the Secretary of Agriculture shall com- plete a survey of the boundary lines to establish the boundaries of the land taken into trust under paragraph (1). ( 4 ) USE OF LAND.— (A) G AMING.—Land taken into trust under paragraph (1) shall not be eligible, or considered to have been taken into trust, for class II gaming or class III gaming (as those terms are defined in section 4 of the Indian Gaming Regulatory Act (25 U.S.C. 2 7 03)). (B) TRUST LAND FOR CEREMONIAL USE AND CONSERVA- TION.—With respect to the use of the land taken into trust under paragraph (1) that is above the 5,200 ′ elevation contour, the Tribe— (i) shall limit the use of the land to— (I) traditional and customary uses; and (II) stewardship conservation for the benefit of the Tribe; and (ii) shall not permit any— (I) permanent residential or recreational development on the land; or (II) commercial use of the land, including commercial development or gaming. (C) TRUST LAND FOR COMMERCIAL AND RESIDENTIAL USE.—With respect to the use of the land taken into trust under paragraph (1), the Tribe shall limit the use of the land below the 5,200′ elevation to— (i) traditional and customary uses; (ii) stewardship conservation for the benefit of the Tribe; and (iii)(I) residential or recreational development; or (II) commercial use. (D) THINNING; LANDSCAPE RESTORATION.—With respect to the land taken into trust under paragraph (1), the Sec- retary of Agriculture, in consultation and coordination with the Tribe, may carry out any thinning and other landscape restoration activities on the land that is beneficial to the Tribe and the F orest Service. (i) CORRECTION OF S K UNK HARBOR CONVEYANCE.— Deadlin e .


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 123STA T . 111 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(1)PURPOSE.—Thepur p os eo ft h i ssu b se c tio n is to am en d Pub l ic L a w 1 08–67 (117 S tat. 880) to ma k e a technical correc - tion relatin g to the land con v e y ance authori z ed under that A ct. ( 2 )TE CHNI C AL CORREC T ION.—Section 2 of Public Law 108– 67 (117 Stat. 880) is amended— (A) by striking ‘ ‘Sub j ect to ’ ’ and inserting the following ‘‘(a) I N G ENERAL.—Subject to’’ ( B ) in subsection (a) (as designated by paragraph (1)) , by striking ‘‘the parcel’’ and all that follows through the period at the end and inserting the following: ‘‘and to appro x imately 2 3 acres of land identified as ‘Parcel A’ on the map entitled ‘Skunk H arbor C onveyance Correction’ and dated September 12, 2008, the western boundary of which is the low water line of Lake Tahoe at elevation 6,223.0 ′ (Lake Tahoe D atum).’’; and (C) by adding at the end the following: ‘‘(b) SUR V E Y AN D LE G AL DESCRIPTION.— ‘‘(1) IN GENERAL.— N ot later than 180 days after the date of enactment of this subsection, the Secretary of Agriculture shall complete a survey and legal description of the boundary lines to establish the boundaries of the trust land. ‘‘(2) TECHNICAL CORRECTIONS.—The Secretary may correct any technical errors in the survey or legal description completed under paragraph (1). ‘‘(c) PU B LIC ACCESS AND U SE.—Nothing in this Act prohibits any approved general public access (through existing easements or by boat) to, or use of, land remaining within the Lake Tahoe Basin M anagement Unit after the conveyance of the land to the Secretary of the Interior, in trust for the Tribe, under subsection (a), including access to, and use of, the beach and shoreline areas adjacent to the portion of land conveyed under that subsection.’’. (3) DATE O F TRUST STATUS.—The trust land described in section 2(a) of Public Law 108–67 (117 Stat. 880) shall be considered to be taken into trust as of August 1, 2003. ( 4 ) TRANSFER.—The Secretary of the Interior, acting on behalf of and for the benefit of the Tribe, shall transfer to the Secretary of Agriculture administrative jurisdiction over the land identified as ‘‘Parcel B’’ on the map entitled ‘‘Skunk Harbor Conveyance Correction’’ and dated September 12, 2008. (j) AGREE M ENT W ITH F OREST SERVICE.—The Secretary of Agri- culture, in consultation with the Tribe, shall develop and implement a cooperative agreement that ensures regular access by members of the Tribe and other people in the community of the Tribe across National Forest System land from the City to Lake Tahoe for cultural and religious purposes. (k) ARTIFACT COLLECTION.— (1) NOTICE.—At least 180 days before conducting any ground disturbing activities on the land identified as ‘‘Parcel 2’’ on the Map, the City shall notify the Tribe of the proposed activities to provide the Tribe with ade q uate time to inventory and collect any artifacts in the affected area. (2) AUTHORI Z ED ACTIVITIES.— O n receipt of notice under paragraph (1), the Tribe may collect and possess any artifacts relating to the Tribe in the land identified as ‘‘Parcel #2’’ on the Map. Deadlin e . Deadline.


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 123STA T . 111 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(l)AUTHORIZA TIO N O F A P PROPRIATION S.—Ther e a rea ut h o r iz e d to b ea p propriated s u c hsu m sasare n ecessar y to carry out this section. SEC.260 2.S OUTH E RN NE VAD A LIM ITED TRANSITION AREA CONVE Y- ANCE. (a) DE FINITIONS.— I n this section ( 1 ) C IT Y .—The term ‘ ‘City ’ ’ means the City o fH enderson ,N e v ada. ( 2 ) S E C RETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. ( 3 ) STATE.—The term ‘‘State’’ means the State of Nevada. ( 4 ) TRANSITION AREA.—The term ‘‘Transition Area’’ means the appro x imately 50 2 acres of F ederal land located in Hender - son, Nevada, and identified as ‘‘ L imited Transition Area’’ on the map entitled ‘‘Southern Nevada Limited Transition Area Act’’ and dated M arch 20, 200 6 . (b) SOUTHERN NE V A D ALI M ITED TRANSITION AREA.— (1) CONVEYANCE.—Not w ithstandin g the Federal Land P olicy and Management Act of 1 97 6 (43 U .S.C. 1701 et se q .), on request of the City, the Secretary shall, without consider- ation and sub j ect to all valid existing rights, convey to the City all right, title, and interest of the United States in and to the Transition Area. (2) USE OF L AND FOR NONRESIDENTIAL DEVELOPMENT.— (A) IN G ENERAL.—After the conveyance to the City under paragraph (1), the City may sell, lease, or otherwise convey any portion or portions of the Transition Area for purposes of nonresidential development. ( B ) METHOD OF SALE.— (i) IN GENERAL.—The sale, lease, or conveyance of land under subparagraph (A) shall be through a competitive bidding process. (ii) FAIR MAR K ET VALUE.—Any land sold, leased, or otherwise conveyed under subparagraph (A) shall be for not less than fair mar k et value. (C) COMPLIANCE W ITH CHARTER.— E xcept as provided in subparagraphs (B) and (D), the City may sell, lease, or otherwise convey parcels within the Transition Area only in accordance with the procedures for conveyances established in the City Charter. (D) DISPOSITION OF PROCEEDS.—The gross proceeds from the sale of land under subparagraph (A) shall be distributed in accordance with section 4(e) of the Southern Nevada Public Land Management Act of 199 8 (112 Stat. 2345). (3) USE OF LAND FOR RECREATION OR OTHER PU B LIC PUR- POSES.—The City may elect to retain parcels in the Transition Area for public recreation or other public purposes consistent with the Act of J une 14, 1926 (commonly known as the ‘‘ R ecre- ation and Public Purposes Act’’) (43 U.S.C. 869 et seq.) by providing to the Secretary written notice of the election. (4) NOISE COMPATIBILITY RE Q UIREMENTS.—The City shall— (A) plan and manage the Transition Area in accordance with section 47504 of title 49, United States Code (relating to airport noise compatibility planning), and regulations promulgated in accordance with that section and Plans.Notice .


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 123STA T . 111 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)agre e th at if a nyl an d in the T ran s iti o n A rea is sold , leased, or other w ise c on v eyed b y the C ity, the sale, lease, or conveyance shall contain a li m itation to re qu ire uses com p atible with that airport noise compatibility plan - ning . ( 5 ) REV E RSION . — (A) I N G ENER AL .—If any parcel of land in the Transition Area is not conveyed for nonresidential development under this section or reserved for recreation or other public pur- poses under paragraph ( 3 ) by the date that is 20 years after the date of enactment of this Act, the parcel of land shall, at the discretion of the S ecretary, revert to the U nited States. (B) IN C ONSIS T ENT U SE.—If the City uses any parcel of land within the Transition Area in a manner that is inconsistent with the uses specified in this subsection— (i) at the discretion of the Secretary, the parcel shall revert to the United States or (ii) if the Secretary does not ma k e an election under clause (i), the City shall sell the parcel of land in accordance with this subsection. SEC.2603 . N E VAD A CANCE RI NS T IT U TE L AND C O NVE Y ANCE. (a) D E F INITIONS.—In this section ( 1 ) ALTA- H UALA P AI SITE.—The term ‘ ‘Alta- H ualapai Site ’ ’ means the appro x imately 8 0 acres of land that is— (A) patented to the City under the Act of J une 1 4, 1 9 2 6 (commonly known as the ‘‘Recreation and P ublic Pur- poses Act’’) (43 U.S.C. 869 et seq.); and (B) identified on the map as the ‘‘Alta-Hualapai Site’’. (2) CIT Y .—The term ‘‘City’’ means the city of L as V egas, N evada. (3) INSTITUTE.—The term ‘‘Institute’’ means the Nevada Cancer Institute, a nonprofit organi z ation described under sec- tion 501(c)(3) of the Internal Revenue Code of 1986, the prin- cipal place of business of which is at 10441 W est Twain Avenue, Las Vegas, Nevada. (4) M AP.—The term ‘‘map’’ means the map titled ‘‘Nevada Cancer Institute E xpansion Act’’ and dated July 1 7, 2006. (5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior, acting through the Director of the Bureau of Land Management. (6) WATER D ISTRICT.—The term ‘‘Water District’’ means the Las Vegas Valley Water District. (b) LAND CONVEYANCE.— (1) SURVEY AND LEGAL DESCRIPTION.—The City shall pre- pare a survey and legal description of the Alta-Hualapai Site. The survey shall conform to the Bureau of Land Management cadastral survey standards and be sub j ect to approval by the Secretary. (2) ACCEPTANCE.—The Secretary may accept the relinquish- ment by the City of all or part of the Alta-Hualapai Site. (3) CONVEYANCE FOR USE AS NONPROFIT CANCER INSTITUTE.—After relinquishment of all or part of the Alta- Hualapai Site to the Secretary, and not later than 180 days after request of the Institute, the Secretary shall convey to the Institute, subject to valid existing rights, the portion of Deadlin e . Deadline.


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 123STA T . 111 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 theAl t a-Hu ala p a iS ite that i sn e c essa ryfo r the d e v elop m ent of a nonprofit cancer institute .(4) A D D IT I ONALC ON VEY ANCE S . —N ot later than 180 days after a re q uest from the C ity , the Secretary shall convey to the City, su bj ect to valid e x istin g rights, any remaining portion of the Alta-Hualapai Site necessary for ancillary medical or nonprofit use compatible w ith the mission of the I nstitute. ( 5 )A P PLICA B LE LA W .—Any conveyance by the City of any portion of the land received under this section shall be for no less than fair mar k et value and the proceeds shall be distrib- uted in accordance with section 4(e)(1) of P ublic L aw 105 –263 (112 Stat. 2345). (6) TR ANSACTION COSTS.—All land conveyed by the Sec- retary under this section shall be at no cost, except that the Secretary may require the recipient to bear any costs associated with transfer of title or any necessary land surveys. ( 7 ) R EPORT.—Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Natural Resources of the House of Representa- tives and the Committee on E nergy and Natural Resources of the Senate a report on all transactions conducted under Public Law 105–263 (112 Stat. 2345). (c) RI GH TS-O F - W AY.—Consistent with the F ederal Land Policy and M anagement Act of 1 9 76 (43 U .S.C. 1701), the Secretary may grant rights-of-way to the Water D istrict on a portion of the Alta- Hualapai Site for a flood control project and a water pumping facility. (d) REVERSION.—Any property conveyed pursuant to this section which ceases to be used for the purposes specified in this section shall, at the discretion of the Secretary, revert to the United States, along with any improvements thereon or thereto. SEC.2604 . TURNABO UT RANC HL AN D CON V E Y ANCE , UTAH. (a) DEFINITIONS.—In this section (1) FEDERAL LAND.—The term ‘ ‘Federal land ’ ’ means the approximately 25 acres of B ureau of Land Management land identified on the map as ‘‘Lands to be conveyed to Turnabout Ranch’’. (2) MAP.—The term ‘‘map’’ means the map entitled ‘‘Turn- about Ranch Conveyance’’ dated May 12, 2006, and on file in the office of the Director of the Bureau of Land Management. (3) MON UM ENT.—The term ‘‘Monument’’ means the G rand Staircase-Escalante National Monument located in southern Utah. (4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (5) TURNABOUT RANCH.—The term ‘‘Turnabout Ranch’’ means the Turnabout Ranch in Escalante, Utah, owned by Aspen Education Group. (b) CONVEYANCE OF FEDERAL LAND TO TURNABOUT RANCH.— (1) IN GENERAL.—Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), if not later than 30 days after completion of the appraisal required under paragraph (2), Turnabout Ranch of Escalante, Utah, submits to the Secretary an offer to acquire the Federal land for the appraised value, the Secretary shall, not later Deadlin e s. Deadline.


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 123STA T . 112 0PUBLIC LA W 111 – 11 —M A R .30, 200 9than30d a ys a f t er the date o f the offer ,c on v ey to Tu rna b out R anch a l lr ig ht, title, and interest to the F ederal land, sub j ect to valid e x isting rights .(2)AP P RAIS A L . —N ot later than 9 0 days after the date of enact m ent of this Act, the S ecretary shall com p lete an appraisal of the Federal land. The appraisal shall be completed in accord - ance w ith the ‘ ‘ U niform Appraisal Standards for Federal L and Ac q uisitions ’ ’ and the ‘‘Uniform Standards of P rofessional Appraisal Practice’’. All costs associated with the appraisal shall be born by Turnabout Ranch. (3) PA YMENTOFC ONSI D ERATION.—Not later than 30 days after the date on which the Federal land is conveyed under paragraph ( 1 ), as a condition of the conveyance, Turnabout Ranch shall pay to the Secretary an amount equal to the appraised value of the Federal land, as determined under para- graph (2). ( 4 ) C OSTS OF CON V EYANCE.—As a condition of the convey- ance, any costs of the conveyance under this section shall be paid by Turnabout Ranch. ( 5 ) D ISPOSITION OF PROCEEDS.—The Secretary shall deposit the proceeds from the conveyance of the Federal land under paragraph (1) in the Federal Land Deposit Account established by section 20 6 of the Federal Land Transaction Facilitation Act(43 U.S.C. 2305), to be expended in accordance with that Act. (c) M ODIFICATION OF MON U MENT B OUNDARY.— W hen the conveyance authori z ed by subsection (b) is completed, the bound- aries of the G rand Staircase- E scalante National Monument in the State of Utah are hereby modified to exclude the Federal land conveyed to Turnabout Ranch. SEC.2605 . BOY SCO UT S LAND E X C H AN G E , UTAH. (a) DEFINITIONS.— I n this section (1) BOY SCOUTS.—The term ‘‘Boy Scouts’’ means the Utah National Par k s Council of the Boy Scouts of America. (2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. (b) BOY SCOUTS OF AMERICA LAND E X C H AN G E.— (1) AUTHORITY TO CONVEY.— (A) IN GENERAL.—Subject to paragraph (3) and not- withstanding the Act of J une 14, 1926 (commonly known as the ‘‘Recreation and Public Purposes Act’’) (43 U.S.C. 8 69 et seq.), the Boy Scouts may convey to Brian H ead Resort, subject to valid existing rights and, except as pro- vided in subparagraph (B), any rights reserved by the United States, all right, title, and interest granted to the Boy Scouts by the original patent to the parcel described in paragraph (2)(A) in exchange for the conveyance by Brian Head Resort to the Boy Scouts of all right, title, and interest in and to the parcels described in paragraph (2)(B). (B) REVERSIONARY INTEREST.— O n conveyance of the parcel of land described in paragraph (2)(A), the Secretary shall have discretion with respect to whether or not the reversionary interests of the United States are to be exer- cised.


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 123STA T . 1121 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(2)DESCRIPT I ON O FLA N D.—Theparc e lsof la nd referred t o i n para g raph ( 1 ) are— ( A )the12 0- acre parcel that is part of a tract of p ub lic land ac q uired b y the B oy S couts under the Act of J une 1 4, 1 9 2 6 (co m monly k no w nasthe ‘ ‘ R ecreation and P ublic Purposes Act ’ ’) (4 3U .S. C . 8 69 et seq.) for the purpose of operating a camp, which is more particularly described as the W 1 / 2S E 1/4andSE1/4SE1/4sec.26,T.3 5 S., R. 9 W., Salt L ake Base and M eridian and (B) the 2 parcels of pri v ate land owned by Brian H ead Resort that total 120 acres, which are more particularly described as— (i) N E1/4NW1/4andNE1/4NE1/4sec.25, T. 35 S., R. 9 W., Salt Lake Base and Meridian; and (ii)SE1/4SE1/4sec.24,T.35.S., R.9W., Salt Lake Base Meridian. (3) CONDITIONS.— O n conveyance to the Boy Scouts under paragraph (1)(A), the parcels of land described in paragraph (2)(B) shall be sub j ect to the terms and conditions imposed on the entire tract of land acquired by the Boy Scouts for a camp under the Bureau of Land Management patent num- bered 43 –7 5–0010. (4) MODIFICATION OF PATENT.—On completion of the e x change under paragraph (1)(A), the Secretary shall amend the original Bureau of Land Management patent providing for the conveyance to the Boy Scouts under the Act of June 14, 1926 (commonly known as the ‘‘Recreation and Public Pur- poses Act’’) (43 U.S.C. 869 et seq.) numbered 43–75–0010 to take into account the exchange under paragraph (1)(A). SEC.260 6. DOUGLA S COU NTY,W AS HI NGTON, LAND CON V EYANCE. (a) DEFINITIONS.— I n this section (1) P UB LIC LAND.—The term ‘‘public land’’ means the approximately 622 acres of F ederal land managed by the Bureau of Land Management and identified for conveyance on the map prepared by the Bureau of Land Management entitled ‘‘Douglas County Public Utility District Proposal’’ and dated March 2, 2006. (2) PUD.—The term ‘‘PUD’’ means the Public Utility Dis- trict No. 1 of Douglas County, Washington. (3) SECRETAR Y .—The term ‘‘Secretary’’ means the Secretary of the Interior. (4) WELLS H YDROELECTRIC PRO J ECT.—The term ‘‘Wells Hydroelectric Project’’ means Federal Energy Regulatory Commission Project No. 2149. (b) CON V EYANCE OF PUBLIC LAND, WELLS HYDROELECTRIC PROJECT, PUBLIC UTILITY DISTRICT NO. 1 OF DOU G LAS COUNTY, WASHINGTON.— (1) CONVEYANCE RE Q UIRED.—Notwithstanding the land use planning requirements of sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), and notwithstanding section 24 of the Federal Power Act (16 U.S.C. 818) and Federal Power Order for Project 2149, and subject to valid existing rights, if not later than 45 days after the date of completion of the appraisal required under paragraph (2), the Public Utility District No. 1 of Douglas County, Washington, submits to the Secretary an offer to Deadlin e s.


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 123STA T . 1122 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9acquireth e p u bl ic la ndfo r the apprai s ed v alue , the S ecretar y shall convey, not later than 30 days after the date of the offer, to the PUD all ri g ht, title, and interest of the United States in and to the public land .(2)AP P RAIS A L . —N ot later than 6 0 days after the date of enact m ent of this Act, the Secretary shall complete an appraisal of the public land. T he appraisal shall be conducted in accord - ance w ith the ‘ ‘Uniform Appraisal Standards for F ederal L and Acquisitions ’ ’ and the ‘‘Uniform Standards of Professional Appraisal Practice’’. (3) PA YMENT .—Not later than 30 days after the date on which the public land is conveyed under this subsection, the PUD shall pay to the Secretary an amount equal to the appraised value of the public land as determined under para- graph (2). ( 4 ) M AP AN D LE G AL DES C RIPTI O NS.—As soon as practicable after the date of enactment of this Act, the Secretary shall finali z e legal descriptions of the public land to be conveyed under this subsection. The Secretary may correct any minor errors in the map referred to in subsection (a)( 1 )orinthe legal descriptions. The map and legal descriptions shall be on file and available for public inspection in appropriate offices of the B ureau of Land Management. ( 5 ) C OSTS O F CON V EYANCE.—As a condition of conveyance, any costs related to the conveyance under this subsection shall be paid by the PUD. (6) DISPOSITION OF PROCEEDS.—The Secretary shall deposit the proceeds from the sale in the Federal Land Disposal Account established by section 206 of the Federal Land Trans- action Facilitation Act (43 U.S.C. 2305) to be e x pended to improve access to public lands administered by the Bureau of Land Management in the State of W ashington. (c) SEGREGATION OF LANDS.— (1) WIT H DRA W AL.— E xcept as provided in subsection (b)(1), effective immediately upon enactment of this Act, and sub j ect to valid existing rights, the public land is withdrawn from— (A) all forms of entry, appropriation, or disposal under the public land laws, and all amendments thereto (B) location, entry, and patenting under the mining laws, and all amendments thereto; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws, and all amendments thereto. (2) D U RATION.—This subsection expires two years after the date of enactment of this Act or on the date of the comple- tion of the conveyance under subsection (b), whichever is ear- lier. (d) R ETAINED AUTHORITY.—The Secretary shall retain the authority to place conditions on the license to insure adequate protection and utilization of the public land granted to the Secretary in section 4(e) of the Federal Power Act (16 U.S.C. 79 7(e)) until the Federal Energy Regulatory Commission has issued a new license for the Wells H ydroelectric Project, to replace the original license expiring May 31, 2012, consistent with section 15 of the Federal Power Act (16 U.S.C. 8 08). Expirat i ond at e. E f fe c ti v e date. D ead l ine. Deadline.


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 123STA T . 1123 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.2607 . TWINFAL LS , I D A HO, LAND CON V E Y ANCE. (a)CONVEYA N C E .—As s o o n as pr a cti ca ble a f ter t h e d ate of enact m ent of this Act , the S ecretar y of the I nterior, actin g thro u gh the D irector of the B ureau of L and M anagement, shall con v ey to the city of Tw in F alls, Idaho, sub j ect to valid e x isting rights, without consideration, all right, title, and interest of the U nited States in and to the 4 parcels of land described in subsection (b). (b) LAN D DE S C RIPT ION.—The 4 parcels of land to be conveyed under subsection (a) are the approximately 165 acres of land in Twin Falls County, Idaho, that are identified as ‘ ‘Land to be con - veyed to Twin Falls ’ ’ on the map titled ‘‘Twin Falls Land Convey- ance’’ and dated J uly 28 ,2 0 08. (c) MAP ON FI L E.—A map depicting the land described in sub- section (b) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (d) USE O F CONVEYED LANDS.— (1) PU RPOSE.—The land conveyed under this section shall be used to support the public purposes of the Auger Falls Project, including a limited agricultural exemption to allow for water q uality and wildlife habitat improvements. (2) R ESTRICTION.—The land conveyed under this section shall not be used for residential or commercial purposes, except for the limited agricultural exemption described in paragraph (1). ( 3 ) ADDITIONAL TER M S AND CONDITIONS.—The Secretary of the Interior may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States. (e) REVERSION.—If the land conveyed under this section is no longer used in accordance with subsection (d)— (1) the land shall, at the discretion of the Secretary based on his determination of the best interests of the United States, revert to the United States and (2) if the Secretary chooses to have the land revert to the United States and if the Secretary determines that the land is environmentally contaminated, the city of Twin Falls, Idaho, or any other person responsible for the contamination shall remediate the contamination. (f) ADMINISTRATIVE COSTS.—The Secretary shall require that the city of Twin Falls, Idaho, pay all survey costs and other adminis- trative costs necessary for the preparation and completion of any patents of and transfer of title to property under this section. SEC. 260 8 . S U N R ISE M OUNTAIN INSTANT STUDY AREA RELEASE, NEVADA. (a) FINDIN G .—Congress finds that the land described in sub- section (c) has been adequately studied for wilderness designation under section 603 of the Federal Land Policy and Management Actof1 97 6 (43 U.S.C. 1782). (b) RELEASE.—The land described in subsection (c)— (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with— (A) land management plans adopted under section 202 of that Act (43 U.S.C. 1712); and


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 123STA T . 112 4PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(B)co o perativ eco ns ervation a g ree m ents in e x istence ont h e d ate o f the enactment of this A ct . (c) DESCRIPT I ON O FLA N D . —T he l and referred to in s ub sections (a) and (b) is the approximatel y70 acres of land in the S unrise M ountain I nstant Study Area of C lar k County ,N evada, that is designated on the map entitled ‘ ‘Sunrise Mountain ISA R elease Areas ’ ’ and dated September 6, 2 00 8 . SEC.2609 . PARK C ITY,U TA H , L A ND C O N V EYANCE. (a) CON V E Y ANCE OF LAND B YT H EB U REAU OF LAND MANA G E -M ENT TO P AR K CITY, U TAH.— ( 1 ) LAND TRANSFER.—Not w ithstanding the planning re q uirements of sections 202 and 20 3 of the F ederal Land Policy and Management Act of 1 9 76( 4 3 U.S.C. 1712, 1713), the Secretary of the Interior shall convey, not later than 180 days after the date of the enactment of this Act, to Park City, Utah, all right, title, and interest of the United States in and to two parcels of real property located in Park City, Utah, that are currently under the management j urisdiction of the Bureau of Land Management and designated as parcel 8 (commonly known as the W hite Acre parcel) and parcel 16 (commonly known as the G ambel O ak parcel). The conveyance shall be subject to all valid existing rights. (2) DEED RESTRICTION.—The conveyance of the lands under paragraph (1) shall be made by a deed or deeds containing a restriction requiring that the lands be maintained as open space and used solely for public recreation purposes or other purposes consistent with their maintenance as open space. This restriction shall not be interpreted to prohibit the construction or maintenance of recreational facilities, utilities, or other struc- tures that are consistent with the maintenance of the lands as open space or its use for public recreation purposes. (3) CONSIDERATION.—In consideration for the transfer of the land under paragraph (1), Park City shall pay to the Sec- retary of the Interior an amount consistent with conveyances to governmental entities for recreational purposes under the Act of J une 14, 1926 (commonly known as the Recreation and Public Purposes Act 43 U.S.C. 869 et seq.). (b) SA L E OF BUREAU OF LAND MANAGEMENT LAND IN PARK CITY, UTAH, AT AUCTION.— (1) SALE OF LAND.—Not later than 180 days after the date of the enactment of this Act, the Secretary of the Interior shall offer for sale any right, title, or interest of the United States in and to two parcels of real property located in Park City, Utah, that are currently under the management jurisdic- tion of the Bureau of Land Management and are designated as parcels 17 and 18 in the Park City, Utah, area. The sale of the land shall be carried out in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701) and other applicable law, other than the planning provisions of sections 202 and 203 of such Act (43 U.S.C. 1712, 1713), and shall be subject to all valid existing rights. (2) METHOD OF SALE.—The sale of the land under para- graph (1) shall be consistent with subsections (d) and (f) of section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713) through a competitive bidding process and for not less than fair market value. Deadlin e .P a ym en ts. Deadline.


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 123STA T . 112 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(c)DISPO SI T IO N O FLA N DS A LE S PR O C EEDS .—Al l pro c e e ds der iv ed f ro mth es a leofla n d descri b ed in this section shall be deposited in the F ederal Land Disposal Acco u nt established b y section 206 (a) of the Federal Land T ransaction Facilitation Act ( 43U .S. C . 230 5 (a)). SEC.2610 . R E L E A SE OF RE V ERS I O N AR Y IN T EREST IN CERTAIN LAN D S IN RENO , NEVADA. (a) R AILROAD LANDS DEFINED.—For the purposes of this section , the term ‘ ‘railroad lands ’ ’ means those lands w ithin the City of Reno, N evada, located within portions of sections 1 0, 11, and 12 of T.1 9 N., R. 19 E ., and portions of section 7 of T.19 N., R. 20 E., M ount Diablo Meridian, Nevada, that were ori g inally granted to the Union Pacific Railroad under the provisions of the Act of J uly1,1 8 62, commonly k nown as the Union Pacific Railroad Act. (b) RELEASE OF RE V ERSIONAR YI NTEREST.—Any reversionary interests of the United States (including interests under the Act of July 1, 1862, commonly known as the Union Pacific Railroad Act) in and to the railroad lands as defined in subsection (a) of this section are hereby released. SEC. 2611. T U OLU M NE B AND OF ME -W U K INDIANS OF T H E TUOLUMNE RANCHERIA. (a) IN G ENERAL.— (1) FEDERAL LANDS.—Sub j ect to valid e x isting rights, all right, title, and interest (including improvements and appur - tenances) of the United States in and to the Federal lands described in subsection (b), the Federal lands shall be declared to be held in trust by the United States for the benefit of the Tribe for nongaming purposes, and shall be subject to the same terms and conditions as those lands described in the California Indian Land Transfer Act (Public Law 106 – 568 114 Stat. 2921). (2) TR U ST LANDS.—Lands described in subsection (c) of this section that are taken or to be taken in trust by the United States for the benefit of the Tribe shall be subject to subsection (c) of section 903 of the California Indian Land Transfer Act (Public Law 106–568; 114 Stat. 2921). (b) FEDERAL LANDS DESCRI B ED.—The Federal lands described in this subsection, comprising approximately 66 acres, are as fol- lows (1) Township 1 North, Range 16 East, Section 6, Lots 10 and 12, MDM, containing 50.24 acres more or less. (2) Township 1 North, Range 16 East, Section 5, Lot 16, MDM, containing 15.35 acres more or less. (3) Township 2 North, Range 16 East, Section 32, Indian Cemetery Reservation within Lot 22, MDM, containing 0.4 acres more or less. (c) TRUST LANDS DESCRIBED.—The trust lands described in this subsection, comprising approximately 357 acres, are commonly referred to as follows: (1) Thomas property, pending trust ac q uisition, 104.50 acres. (2) Coenenburg property, pending trust acquisition, 192.70 acres, subject to existing easements of record, including but not limited to a non-exclusive easement for ingress and egress for the benefit of adjoining property as conveyed by Easement Deed recorded July 13, 1984, in V olume 755, Pages 189 to


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 123STA T . 112 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9192,and a sfurthe r def i ned byS ti p u l ati o n and J ud gm ent entered by T uolumne C ounty Superior Court on September 2, 19 83 ,andre c orded June 4, 1984, in V olume 75 1, P ages 6 1to67 .( 3 )A ssessor Parcel N o. 62 0 505300, 1.5 acres, trust land. (4) Assessor Parcel No. 620505400, 19.23 acres, trust land. (5) Assessor Parcel No. 620505600, 3.46 acres, trust land. (6) Assessor Parcel No. 620505700, 7.44 acres, trust land. (7) Assessor Parcel No. 620401700, 0.8 acres, trust land. (8) A portion of Assessor Parcel No. 620500200, 2.5 acres, trust land. (9) Assessor Parcel No. 620506200, 24.87 acres, trust land. (d) S URVEY . — As soon as practicable after the date of the enact - ment of this Act, the O ffice of Cadastral Sur v ey of the B ureau of L and M anagement shall complete field w or k re q uired for a survey of the lands described in subsections (b) and (c) for the purpose of incorporating those lands within the boundaries of the Tuolumne R ancheria. Not later than 90 days after that fieldwork is completed, that office shall complete the survey. (e) LE GALD E SC R IPT I ON S.— (1) PU B LICATION.—On approval by the Community Council of the Tribe of the survey completed under subsection (d), the Secretary of the I nterior shall publish in the F ederal Reg- ister— (A) a legal description of the new boundary lines of the Tuolumne Rancheria and (B) a legal description of the land surveyed under subsection (d). (2) EF FECT.—Beginning on the date on which the legal descriptions are published under paragraph (1), such legal descriptions shall be the official legal descriptions of those boundary lines of the Tuolumne Rancheria and the lands sur- veyed. TI T LE III —FOR E S T SER V I C E AU T H ORI Z ATIO N S S ubti t le A— Wa te rsh e d Rest o ratio n and Enhan c e m ent SEC.30 0 1 . WAT E R S H E D REST O RAT I O N AND ENHANCE M ENT A G REE - MENTS. Section 323 of the Department of the Interior and Related Agencies Appropriations Act, 1999 (16 U .S.C. 1011 note; Public Law 105 – 277), is amended— (1) in subsection (a), by striking ‘ ‘each of fiscal years 2006 through 2011 ’ ’ and inserting ‘‘fiscal year 2006 and each fiscal year thereafter’’; (2) by redesignating subsection (d) as subsection (e); and (3) by inserting after subsection (c) the following ‘‘(d) APPLICABLE LA W .—Chapter 63 of title 31, United States Code, shall not apply to— ‘‘(1) a watershed restoration and enhancement agreement entered into under this section; or Ef f ectiv e da te .F ede r a lR e g i s ter ,pub licati on . D eadline.


text: Dictionary of National Biography, 1885-1900/Montgomerie, Hugh (1613-1669)


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 123STA T . 112 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (2)an a gre e m en t entere di nt ou nder t h e f ir s tse c tion of P u bl ic L a w94–1 4 8 (1 6U.S . C . 5 65a–1). ’ ’. Subti t leB—W il d l an d F i r e f i gh ter Safet ySEC.310 1. WILD L AN D F I R EFI GHT ER SAFET Y . (a) DEFIN I T I O N S . —I n this section (1) SE CR ET A RIES.— T he term ‘‘Secretaries’’ means— ( A ) the Secretar y of the Interior , acting through the Directors of the B ureau of Land M anagement, the United States F ish and W ildlife Ser v ice, the N ational Par k Service, and the Bureau of Indian Affairs and (B) the Secretary of Agriculture, acting through the Chief of the Forest Service. (2) WI LD LAND FIREFI GH TER.—The term ‘‘wildland fire - fighter’’ means any p erson who participates in wildland fire- fighting activities— (A) under the direction of either of the Secretaries; or (B) under a contract or compact with a federally recog- ni z ed Indian tribe. (b) ANN U AL R E P ORT TO CONGRESS.— (1) IN GENERAL.—The Secretaries shall j ointly submit to Congress an annual report on the wildland firefighter safety practices of the Secretaries, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use, during the preceding calendar year. (2) TI M ELINE.— E ach report under paragraph (1) shall— (A) be submitted by not later than March of the year following the calendar year covered by the report; and (B) include— (i) a description of, and any changes to, wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use; (ii) statistics and trend analyses; (iii) an estimate of the amount of Federal funds e x pended by the Secretaries on wildland firefighter safety practices, including training programs and activities for wildland fire suppression, prescribed burning, and wildland fire use; (iv) progress made in implementing recommenda- tions from the Inspector G eneral, the Government Accountability O ffice, the Occupational Safety and H ealth Administration, or an agency report relating to a wildland firefighting fatality issued during the preceding 1 0 years; and (v) a description of— (I) the provisions relating to wildland fire- fighter safety practices in any Federal contract or other agreement governing the provision of wildland firefighters by a non-Federal entity; (II) a summary of any actions taken by the Secretaries to ensure that the provisions relating to safety practices, including training, are complied with by the non-Federal entity; and 16USC5 51 d.


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 123STA T . 112 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(I II )ther e sul ts of those ac t i o n s .Subti t leC—Wyom i ngRa nge SEC.3201 . D E FIN I T I O NS. In this su b title ( 1 ) SECR E TA R Y . —T he ter m‘ ‘Secretar y’ ’ means the Secretary of the Interior. ( 2 ) W Y OMING RANGE W IT HD RAWA L AREA.—The term ‘‘Wyomin gR ange With d ra w al A rea’’ means all N ational F orest System land and federally owned minerals located within the boundaries of the B ridger - Teton National Forest identified on the ma p entitled ‘‘Wyoming Range Withdrawal Area’’ and dated O ctober 1 7, 2 0 07, on file with the Office of the C hief of the Forest Ser v ice and the Office of the Supervisor of the Bridger- Teton National Forest. SEC. 3202. W IT H D RA WA L OF CERTAIN LAND IN THE W Y O M IN G RANGE. (a) WITHDRAWAL.— Ex cept as provided in subsection (f), sub j ect to valid existing rights as of the date of enactment of this Act and the provisions of this subtitle, land in the Wyoming Range Withdrawal Area is withdrawn from— (1) all forms of appropriation or disposal under the public land laws (2) location, entry, and patent under the mining laws; and ( 3 ) disposition under laws relating to mineral and geo- thermal leasing. (b) E X I S TING RIGHTS.—If any right referred to in subsection (a) is relin q uished or otherwise acquired by the U nited States (including through donation under section 3203) after the date of enactment of this Act, the land subject to that right shall be withdrawn in accordance with this section. (c) B UF FERS.—Nothing in this section requires— (1) the creation of a protective perimeter or buffer area outside the boundaries of the Wyoming Range Withdrawal Area; or (2) any prohibition on activities outside of the boundaries of the Wyoming Range Withdrawal Area that can be seen or heard from within the boundaries of the Wyoming Range Withdrawal Area. (d) L AND AND RESOURCE M ANAGEMENT P LAN.— (1) IN GENERAL.—Subject to paragraph (2), the Bridger- Teton National Land and Resource Management Plan (including any revisions to the Plan) shall apply to any land within the Wyoming Range Withdrawal Area. (2) CONFLICTS.—If there is a conflict between this subtitle and the Bridger-Teton National Land and Resource Manage- ment Plan, this subtitle shall apply. (e) PRIOR LEASE SALES.—Nothing in this section prohibits the Secretary from ta k ing any action necessary to issue, deny, remove the suspension of, or cancel a lease, or any sold lease parcel that has not been issued, pursuant to any lease sale conducted prior to the date of enactment of this Act, including the completion of any requirements under the National Environmental Policy Act of1 96 9( 4 2 U.S.C. 4321 et seq.). Ap p licab ili ty.