Division B — Natural resources
B Natural resources
V Conservation authorizations
Sec. 5101 National Park Service Maintenance and Revitalization Conservation Fund
In general— Chapter 1049 of title 54, United States Code, is amended by adding at the end the following:
“104908. National Park Service Maintenance and Revitalization Conservation Fund
“(a) In general—There is established in the Treasury a fund, to be known as the “National Park Service Critical Maintenance and Revitalization Conservation Fund” (referred to in this section as the “Fund”).
“(b) Deposits to fund—Notwithstanding any provision of law providing that the proceeds shall be credited to miscellaneous receipts of the Treasury, for each fiscal year, there shall be deposited in the Fund, from revenues due and payable to the United States under section 9 of the Outer Continental Shelf Lands Act (43 U.S.C. 1338) $150,000,000.
“(c) Use and availability
“(1) In general—Amounts deposited in the Fund shall—
“(A) be used only for the purposes described in subsection (d); and
“(B) be available for expenditure only after the amounts are appropriated for those purposes.
“(2) Availability—Any amounts in the Fund not appropriated shall remain available in the Fund until appropriated.
“(3) No limitation—Appropriations from the Fund pursuant to this section may be made without fiscal year limitation.
“(d) National park system critical deferred maintenance—The Secretary shall use amounts appropriated from the Fund for high-priority deferred maintenance needs of the Service that support critical infrastructure and visitor services.
“(e) Land acquisition prohibition—Amounts in the Fund shall not be used for land acquisition.”
Clerical amendment— The table of sections for chapter 1049 of title 54, United States Code, is amended by inserting after the item relating to section 104907 the following:
Sec. 5102 Land and Water Conservation Fund
in subsection (b), in the matter preceding paragraph (1), by striking “During the period ending September 30, 2018, there” and inserting “There”; and
in subsection (c)(1), by striking “through September 30, 2018”.
by striking “There” and inserting the following:
“(a) In general—There”
by striking the second sentence and inserting the following:
“(b) Allocation—Of the appropriations from the Fund—
“(1) not less than 40 percent shall be used collectively for Federal purposes under section 200306;
“(2) not less than 40 percent shall be used collectively—
“(A) to provide financial assistance to States under section 200305;
“(B) for the Forest Legacy Program established under section 7 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c);
“(C) for cooperative endangered species grants authorized under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); and
“(D) for the American Battlefield Protection Program established under chapter 3081; and
“(3) not less than 1.5 percent or $10,000,000, whichever is greater, shall be used for projects that secure recreational public access to Federal public land for hunting, fishing, or other recreational purposes.”
Conservation easements— Section 200306 of title 54, United States Code, is amended by adding at the end the following:
“(c) Conservation easements—The Secretary and the Secretary of Agriculture shall consider the acquisition of conservation easements and other similar interests in land where appropriate and feasible.”
Acquisition considerations— Section 200306 of title 54, United States Code (as amended by subsection (c)), is amended by adding at the end the following:
“(d) Acquisition Considerations—The Secretary and the Secretary of Agriculture shall take into account the following in determining the land or interests in land to acquire:
“(1) Management efficiencies.
“(2) Management cost savings.
“(3) Geographic distribution.
“(4) Significance of the acquisition.
“(5) Urgency of the acquisition.
“(6) Threats to the integrity of the land to be acquired.
“(7) The recreational value of the land.”
Sec. 5103 Historic Preservation Fund
Section 303102 of title 54, United States Code, is amended by striking “of fiscal years 2012 to 2023” and inserting “fiscal year”.
Sec. 5104 Conservation incentives landowner education program
In general— Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a conservation incentives landowner education program (referred to in this section as the “program”).
Purpose of program— The program shall provide information on Federal conservation programs available to landowners interested in undertaking conservation actions on the land of the landowners, including options under each conservation program available to achieve the conservation goals of the program, such as—
fee title land acquisition;
donation; and
perpetual and term conservation easements or agreements.
Availability— The Secretary shall ensure that the information provided under the program is made available to—
interested landowners; and
the public.
Notification— In any case in which the Secretary contacts a landowner directly about participation in a Federal conservation program, the Secretary shall, in writing—
notify the landowner of the program; and
make available information on the conservation program options that may be available to the landowner.
VI Land conveyances and related matters
A Land conveyances
Sec. 6001 Arapaho National Forest boundary adjustment
In general— The boundary of the Arapaho National Forest in the State of Colorado is adjusted to incorporate the approximately 92.95 acres of land generally depicted as “The Wedge” on the map entitled “Arapaho National Forest Boundary Adjustment” and dated November 6, 2013, and described as lots three, four, eight, and nine of section 13, T. 4 N., R. 76 W., Sixth Principal Meridian, Colorado. A lot described in this subsection may be included in the boundary adjustment only after the Secretary of Agriculture obtains written permission for such action from the lot owner or owners.
Bowen Gulch Protection Area— The Secretary of Agriculture shall include all Federal land within the boundary described in subsection (a) in the Bowen Gulch Protection Area established under section 6 of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j).
Land and Water Conservation Fund— For purposes of section 200306(a)(2)(B)(i) of title 54, United States Code, the boundaries of the Arapaho National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Arapaho National Forest as in existence on January 1, 1965.
Public motorized use— Nothing in this section opens privately owned land within the boundary described in subsection (a) to public motorized use.
Access to non-Federal lands— Notwithstanding the provisions of section 6(f) of the Colorado Wilderness Act of 1993 (16 U.S.C. 539j(f)) regarding motorized travel, the owners of any non-Federal lands within the boundary described in subsection (a) who historically have accessed their land through land now or hereafter owned by the United States within the boundary described in subsection (a) shall have the continued right of motorized access to their land across the existing roadway.
Sec. 6002 Land conveyance, Elkhorn Ranch and White River National Forest, Colorado
In general— Consistent with the purpose of the Act of March 3, 1909 (43 U.S.C. 772), all right, title, and interest of the United States (subject to subsection (b)) in and to a parcel of land consisting of approximately 148 acres as generally depicted on the map entitled “Elkhorn Ranch Land Parcel–White River National Forest” and dated March 2015 shall be conveyed by patent to the Gordman-Leverich Partnership, a Colorado Limited Liability Partnership (in this section referred to as “GLP”).
Existing rights— The conveyance under subsection (a)—
is subject to the valid existing rights of the lessee of Federal oil and gas lease COC–75070 and any other valid existing rights; and
shall reserve to the United States the right to collect rent and royalty payments on the lease referred to in paragraph (1) for the duration of the lease.
Existing boundaries— The conveyance under subsection (a) does not modify the exterior boundary of the White River National Forest or the boundaries of sections 18 and 19 of T. 7 S., R. 93 W., Sixth Principal Meridian, Colorado, as such boundaries are in effect on the date of the enactment of this Act.
Time for conveyance; payment of costs— The conveyance directed under subsection (a) shall be completed not later than 180 days after the date of the enactment of this Act. The conveyance shall be without consideration, except that all costs incurred by the Secretary relating to any survey, platting, legal description, or other activities carried out to prepare and issue the patent shall be paid by GLP to the Secretary prior to the land conveyance.
Sec. 6003 Crags, Colorado land exchange
Purposes— The purposes of this section are—
to authorize, direct, expedite, and facilitate the land exchange set forth herein; and
to promote enhanced public outdoor recreational and natural resource conservation opportunities in the Pike National Forest near Pikes Peak, Colorado, through acquisition of the non-Federal land and trail easement.
Definitions— In this section:
BHI— The term BHI means Broadmoor Hotel, Inc., a Colorado corporation.
Federal land— The term Federal land means all right, title, and interest of the United States in and to approximately 83 acres of land within the Pike National Forest, El Paso County, Colorado, together with a non-exclusive perpetual access easement to BHI to and from such land on Forest Service Road 371, as generally depicted on the map entitled “Proposed Crags Land Exchange–Federal Parcel–Emerald Valley Ranch”, dated March 2015.
Non-Federal land— The term non-Federal land means the land and trail easement to be conveyed to the Secretary by BHI in the exchange and is—
approximately 320 acres of land within the Pike National Forest, Teller County, Colorado, as generally depicted on the map entitled “Proposed Crags Land Exchange–Non-Federal Parcel–Crags Property”, dated March 2015; and
a permanent trail easement for the Barr Trail in El Paso County, Colorado, as generally depicted on the map entitled “Proposed Crags Land Exchange–Barr Trail Easement to United States”, dated March 2015, and which shall be considered as a voluntary donation to the United States by BHI for all purposes of law.
Secretary— The term Secretary means the Secretary of Agriculture, unless otherwise specified.
Land exchange—
In general— If BHI offers to convey to the Secretary all right, title, and interest of BHI in and to the non-Federal land, the Secretary shall accept the offer and simultaneously convey to BHI the Federal land.
Land title— Title to the non-Federal land conveyed and donated to the Secretary under this section shall be acceptable to the Secretary and shall conform to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government.
Perpetual access easement to BHI— The nonexclusive perpetual access easement to be granted to BHI as shown on the map referred to in subsection (b)(2) shall allow—
BHI to fully maintain, at BHI’s expense, and use Forest Service Road 371 from its junction with Forest Service Road 368 in accordance with historic use and maintenance patterns by BHI; and
full and continued public and administrative access and use of FSR 371 in accordance with the existing Forest Service travel management plan, or as such plan may be revised by the Secretary.
Route and condition of road— BHI and the Secretary may mutually agree to improve, relocate, reconstruct, or otherwise alter the route and condition of all or portions of such road as the Secretary, in close consultation with BHI, may determine advisable.
Exchange costs— BHI shall pay for all land survey, appraisal, and other costs to the Secretary as may be necessary to process and consummate the exchange directed by this section, including reimbursement to the Secretary, if the Secretary so requests, for staff time spent in such processing and consummation.
Equal value exchange and appraisals—
Appraisals— The values of the land to be exchanged under this section shall be determined by the Secretary through appraisals performed in accordance with—
the Uniform Appraisal Standards for Federal Land Acquisitions;
the Uniform Standards of Professional Appraisal Practice;
appraisal instructions issued by the Secretary; and
shall be performed by an appraiser mutually agreed to by the Secretary and BHI.
Equal value exchange— The values of the Federal and non-Federal land parcels exchanged shall be equal, or if they are not equal, shall be equalized as follows:
Surplus of Federal land value— If the final appraised value of the Federal land exceeds the final appraised value of the non-Federal land parcel identified in subsection (b)(3)(A), BHI shall make a cash equalization payment to the United States as necessary to achieve equal value, including, if necessary, an amount in excess of that authorized pursuant to section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)).
Use of funds— Any cash equalization moneys received by the Secretary under subparagraph (A) shall be—
deposited in the fund established under Public Law 90–171 (16 U.S.C. 484a) (commonly known as the “Sisk Act”); and
made available to the Secretary for the acquisition of land or interests in land in Region 2 of the Forest Service.
Surplus of non-Federal land value— If the final appraised value of the non-Federal land parcel identified in subsection (b)(3)(A) exceeds the final appraised value of the Federal land, the United States shall not make a cash equalization payment to BHI, and surplus value of the non-Federal land shall be considered a donation by BHI to the United States for all purposes of law.
Appraisal exclusions—
Special Use Permit— The appraised value of the Federal land parcel shall not reflect any increase or diminution in value due to the special use permit existing on the date of the enactment of this Act to BHI on the parcel and improvements thereunder.
Barr Trail easement— The Barr Trail easement donation identified in subsection (c)(3)(B) shall not be appraised for purposes of this section.
Miscellaneous provisions—
Withdrawal provisions—
Withdrawal— Land acquired by the Secretary under this section shall, without further action by the Secretary, be permanently withdrawn from all forms of appropriation and disposal under the public land laws (including the mining and mineral leasing laws) and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.).
Withdrawal revocation— Any public land order that withdraws the Federal land from appropriation or disposal under a public land law shall be revoked to the extent necessary to permit disposal of the Federal land parcel to BHI.
Withdrawal of Federal land— All Federal land authorized to be exchanged under this section, if not already withdrawn or segregated from appropriation or disposal under the public lands laws upon enactment of this Act, is hereby so withdrawn, subject to valid existing rights, until the date of conveyance of the Federal land to BHI.
Postexchange land management— Land acquired by the Secretary under this section shall become part of the Pike-San Isabel National Forest and be managed in accordance with the laws, rules, and regulations applicable to the National Forest System.
Exchange timetable— It is the intent of Congress that the land exchange directed by this section be consummated no later than 1 year after the date of enactment of this Act.
Maps, estimates, and descriptions—
Minor errors— The Secretary and BHI may by mutual agreement make minor boundary adjustments to the Federal and non-Federal land involved in the exchange, and may correct any minor errors in any map, acreage estimate, or description of any land to be exchanged.
Conflict— If there is a conflict between a map, an acreage estimate, or a description of land under this section, the map shall control unless the Secretary and BHI mutually agree otherwise.
Availability— Upon enactment of this Act, the Secretary shall file and make available for public inspection in the headquarters of the Pike-San Isabel National Forest a copy of all maps referred to in this section.
Sec. 6004 Clarification relating to a certain land description under the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005
Section 104(a)(5) of the Northern Arizona Land Exchange and Verde River Basin Partnership Act of 2005 (Public Law 109–110; 119 Stat. 2356) is amended by inserting before the period at the end “, which, notwithstanding section 102(a)(4)(B), includes the N1/2 NE1/4 SW1/4 SW1/4, the N1/2, N1/2, SE1/4 SW1/4, and the N1/2 N1/2 SW1/4 SE1/4, sec. 34, T. 22 N., R. 2 E., Gila and Salt River Meridian, Coconino County, comprising approximately 25 acres”.
Sec. 6005 Cooper Spur land exchange clarification amendments
Section 1206(a) of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1018) is amended—
in paragraph (1)—
in subparagraph (C), by striking “120 acres” and inserting “107 acres”; and
in subparagraph (E)(ii), by inserting “improvements,” after “buildings,”; and
in paragraph (2)—
in subparagraph (D)—
in clause (i), by striking “As soon as practicable after the date of enactment of this Act, the Secretary and Mt. Hood Meadows shall select” and inserting “Not later than 120 days after the date of the enactment of the Energy and Natural Resources Act of 2017, the Secretary and Mt. Hood Meadows shall jointly select”;
in clause (ii), in the matter preceding subclause (I), by striking “An appraisal under clause (i) shall” and inserting “Except as provided under clause (iii), an appraisal under clause (i) shall assign a separate value to each tax lot to allow for the equalization of values and”; and
by adding at the end the following:
“(iii) Final appraised value
“(I) In general—Subject to subclause (II), after the final appraised value of the Federal land and the non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value for a period of up to 3 years, beginning on the date of the approval by the Secretary of the final appraised value.
“(II) Exception—Subclause (I) shall not apply if the condition of either the Federal land or the non-Federal land referred to in subclause (I) is significantly and substantially altered by fire, windstorm, or other events.
“(iv) Public review—Before completing the land exchange under this Act, the Secretary shall make available for public review the complete appraisals of the land to be exchanged.”
by striking subparagraph (G) and inserting the following:
“(G) Required conveyance conditions—Prior to the exchange of the Federal and non-Federal land—
“(i) the Secretary and Mt. Hood Meadows may mutually agree for the Secretary to reserve a conservation easement to protect the identified wetland in accordance with applicable law, subject to the requirements that—
“(I) the conservation easement shall be consistent with the terms of the September 30, 2015, mediation between the Secretary and Mt. Hood Meadows; and
“(II) in order to take effect, the conservation easement shall be finalized not later than 120 days after the date of enactment of the Energy and Natural Resources Act of 2017; and
“(ii) the Secretary shall reserve a 24-foot-wide nonexclusive trail easement at the existing trail locations on the Federal land that retains for the United States existing rights to construct, reconstruct, maintain, and permit nonmotorized use by the public of existing trails subject to the right of the owner of the Federal land—
“(I) to cross the trails with roads, utilities, and infrastructure facilities; and
“(II) to improve or relocate the trails to accommodate development of the Federal land.
“(H) Equalization of values
“(i) In general—Notwithstanding subparagraph (A), in addition to or in lieu of monetary compensation, a lesser area of Federal land or non-Federal land may be conveyed if necessary to equalize appraised values of the exchange properties, without limitation, consistent with the requirements of this Act and subject to the approval of the Secretary and Mt. Hood Meadows.
“(ii) Treatment of certain compensation or conveyances as donation—If, after payment of compensation or adjustment of land area subject to exchange under this Act, the amount by which the appraised value of the land and other property conveyed by Mt. Hood Meadows under subparagraph (A) exceeds the appraised value of the land conveyed by the Secretary under subparagraph (A) shall be considered a donation by Mt. Hood Meadows to the United States.”
Sec. 6006 Black Hills National Cemetery boundary modification
Definitions— In this section:
Cemetery— The term Cemetery means the Black Hills National Cemetery in Sturgis, South Dakota.
Federal land— The term “Federal land” means the approximately 200 acres of Bureau of Land Management land adjacent to the Cemetery, generally depicted as “Proposed National Cemetery Expansion” on the map entitled “Proposed Expansion of Black Hills National Cemetery-South Dakota” and dated June 16, 2016.
Transfer and withdrawal of Bureau of Land Management land for Cemetery use—
Conduct of due diligence activities by the Secretary of Veterans Affairs—
In general— Before the transfer of administrative jurisdiction and withdrawal of the Federal land under paragraphs (2) and (3), respectively, and subject to subparagraph (B), the Secretary of Veterans Affairs shall complete any appropriate environmental, cultural resource, and other due diligence activities on the Federal land that would enable the Secretary of Veterans Affairs to confirm that the Federal land is suitable for cemetery purposes.
Notice; Required coordination— The Secretary of Veterans Affairs shall—
before conducting any due diligence activities under subparagraph (A), notify the Secretary of the activities to be conducted;
as the Secretary of Veterans Affairs determines to be necessary in the conduct of the due diligence activities under subparagraph (A), coordinate the activities with the Secretary; and
if the Secretary of Veterans Affairs determines, on completion of the due diligence activities under subparagraph (A), that the Federal land is suitable for cemetery purposes, submit written notice of the determination to the Secretary.
Transfer of administrative jurisdiction—
Transfer—
In general— On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under paragraph (1)(B)(iii), except as provided in clause (ii), and subject to valid existing rights, administrative jurisdiction over the Federal land is transferred from the Secretary to the Secretary of Veterans Affairs for use as a national cemetery in accordance with chapter 24 of title 38, United States Code.
Exclusion— The transfer of administrative jurisdiction over the Federal land under clause (i) shall not include the land located within 100 feet of the center of the Centennial Trail, as generally depicted on the map entitled “Proposed Expansion of Black Hills National Cemetery-South Dakota” and dated June 16, 2016.
Legal descriptions—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall publish in the Federal Register a notice containing a legal description of the Federal land.
Effect— A legal description published under clause (i) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical and typographical errors in the legal description.
Availability— Copies of the legal description published under clause (i) shall be available for public inspection in the appropriate offices of—
the Bureau of Land Management; and
the National Cemetery Administration.
Costs— The Secretary of Veterans Affairs shall reimburse the Secretary for the costs incurred by the Secretary in carrying out this subparagraph, including the costs of any surveys and other reasonable costs.
Withdrawal— On receipt by the Secretary of written notice of a determination that the Federal land is suitable for cemetery purposes under paragraph (1)(B)(iii) and subject to valid existing rights, the Federal land—
is withdrawn from all forms of appropriation under the public land laws, including the mining laws, the mineral leasing laws, and the geothermal leasing laws; and
shall be treated as property as defined under section 102(9) of title 40, United States Code.
Boundary modification— The boundary of the Cemetery is modified to include the Federal land.
Modification of public land order— Public Land Order 2112, dated June 6, 1960 (25 Fed. Reg. 5243), is modified to exclude the Federal land.
Sec. 6007 Cow Creek Umpqua land conveyance
Definitions— In this section:
Council creek land— The term Council Creek land means the approximately 17,519 acres of land, as generally depicted on the map entitled “Canyon Mountain Land Conveyance” and dated May 24, 2016.
Tribe— The term Tribe means the Cow Creek Band of Umpqua Tribe of Indians.
Land to be held in trust—
In general— Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Council Creek land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be—
held in trust by the United States for the benefit of the Tribe; and
part of the reservation of the Tribe.
Survey— Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a survey to establish the boundaries of the land taken into trust under paragraph (1).
Effective date— Paragraph (1) shall take effect on the day after the date on which the Secretary records the agreement entered into under subsection (d)(4)(A).
Map and legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Council Creek land with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force and effect— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical or typographical errors in the map or legal description.
Public availability— The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary.
Administration—
In general— Unless expressly provided in this section, nothing in this section affects any right or claim of the Tribe existing on the date of enactment of this Act to any land or interest in land.
Prohibitions—
Exports of unprocessed logs— Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Council Creek land.
Non-permissible use of land— Any real property taken into trust under subsection (b) shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 et seq.).
Forest management— Any forest management activity that is carried out on the Council Creek land shall be managed in accordance with all applicable Federal laws.
Agreements—
Memorandum of agreement for administrative access— Not later than 180 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Tribe that secures existing administrative access by the Secretary to the Council Creek land.
Reciprocal right-of-way agreements—
In general— On the date on which the agreement is entered into under subparagraph (A), the Secretary shall provide to the Tribe all reciprocal right-of-way agreements to the Council Creek land in existence as of the date of enactment of this Act.
Continued access— Beginning on the date on which the Council Creek land is taken into trust under subsection (b), the Tribe shall continue the access provided by the agreements referred to in clause (i) in perpetuity.
Land use planning requirements— Except as provided in paragraph (3), once the Council Creek land is taken into trust under subsection (b), the Council Creek land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et seq.).
Land reclassification—
Identification of Oregon and California railroad grant land— Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Tribe under subsection (b).
Identification of public domain land— Not later than 2 years after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that—
is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under paragraph (1); and
is located within the 18 western Oregon and California Railroad grant land counties (other than Klamath County, Oregon).
Maps— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in paragraphs (1) and (2).
Reclassification—
In general— After providing an opportunity for public comment, the Secretary shall reclassify the land identified in paragraph (2) as Oregon and California Railroad grant land.
Applicability— The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), shall apply to land reclassified as Oregon and California Railroad grant land under subparagraph (A).
Sec. 6008 Oregon coastal land
Definitions— In this section:
Confederated tribes— The term Confederated Tribes means the Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians.
Oregon coastal land— The term Oregon Coastal land means the approximately 14,742 acres of land, as generally depicted on the map entitled “Oregon Coastal Land Conveyance” and dated July 11, 2016.
Land to be held in trust—
In general— Subject to valid existing rights, including rights-of-way, all right, title, and interest of the United States in and to the Oregon Coastal land, including any improvements located on the land, appurtenances to the land, and minerals on or in the land, including oil and gas, shall be—
held in trust by the United States for the benefit of the Confederated Tribes; and
part of the reservation of the Confederated Tribes.
Survey— Not later than 2 years after the date of enactment of this Act, the Secretary shall complete a survey to establish the boundaries of the land taken into trust under paragraph (1).
Effective date— Paragraph (1) shall take effect on the day after the date on which the Secretary records the agreement entered into under subsection (d)(4)(A).
Map and legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the Oregon Coastal land with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force and effect— The map and legal description filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct any clerical or typographical errors in the map or legal description.
Public availability— The map and legal description filed under paragraph (1) shall be on file and available for public inspection in the Office of the Secretary.
Administration—
In general— Unless expressly provided in this section, nothing in this section affects any right or claim of the Confederated Tribes existing on the date of enactment of this Act to any land or interest in land.
Prohibitions—
Exports of unprocessed logs— Federal law (including regulations) relating to the export of unprocessed logs harvested from Federal land shall apply to any unprocessed logs that are harvested from the Oregon Coastal land taken into trust under subsection (b).
Non-permissible use of land— Any real property taken into trust under subsection (b) shall not be eligible, or used, for any gaming activity carried out under Public Law 100–497 (25 U.S.C. 2701 et seq.).
Forest management— Any forest management activity that is carried out on the Oregon Coastal land shall be managed in accordance with all applicable Federal laws.
Agreements—
Memorandum of agreement for administrative access— Not later than 180 days after the date of enactment of this Act, the Secretary shall seek to enter into an agreement with the Confederated Tribes that secures existing administrative access by the Secretary to the Oregon Coastal land and that provides for—
access for certain activities, including—
forest management;
timber and rock haul;
road maintenance;
wildland fire protection and management;
cadastral surveys;
wildlife, cultural, and other surveys; and
law enforcement activities;
the management of the Oregon Coastal land that is acquired or developed under chapter 2003 of title 54, United States Code, consistent with section 200305(f)(3) of that title; and
the terms of public vehicular transit across the Oregon Coastal land to and from the Hult Log Storage Reservoir located in T. 15 S., R. 7 W., as generally depicted on the map described in subsection (a)(2), subject to the requirement that if the Bureau of Land Management discontinues maintenance of the public recreation site known as “Hult Reservoir”, the terms of any agreement in effect on that date that provides for public vehicular transit to and from the Hult Log Storage Reservoir shall be void.
Reciprocal right-of-way agreements—
In general— On the date on which the agreement is entered into under subparagraph (A), the Secretary shall provide to the Confederated Tribes all reciprocal right-of-way agreements to the Oregon Coastal land in existence on the date of enactment of this Act.
Continued access— Beginning on the date on which the Oregon Coastal land is taken into trust under subsection (b), the Confederated Tribes shall continue the access provided by the reciprocal right-of-way agreements referred to in clause (i) in perpetuity.
Land use planning requirements— Except as provided in paragraph (3), once the Oregon Coastal land is taken into trust under subsection (b), the Oregon Coastal land shall not be subject to the land use planning requirements of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) or the Act of August 28, 1937 (43 U.S.C. 1181a et seq.).
Land reclassification—
Identification of Oregon and California railroad grant land— Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture and the Secretary shall identify any Oregon and California Railroad grant land that is held in trust by the United States for the benefit of the Confederated Tribes under subsection (b).
Identification of public domain land— Not later than 2 years after the date of enactment of this Act, the Secretary shall identify public domain land in the State of Oregon that—
is approximately equal in acreage and condition as the Oregon and California Railroad grant land identified under paragraph (1); and
is located within the 18 western Oregon and California Railroad grant land counties (other than Klamath County, Oregon).
Maps— Not later than 3 years after the date of enactment of this Act, the Secretary shall submit to Congress and publish in the Federal Register 1 or more maps depicting the land identified in paragraphs (1) and (2).
Reclassification—
In general— After providing an opportunity for public comment, the Secretary shall reclassify the land identified in paragraph (2) as Oregon and California Railroad grant land.
Applicability— The Act of August 28, 1937 (43 U.S.C. 1181a et seq.), shall apply to land reclassified as Oregon and California Railroad grant land under subparagraph (A).
Sec. 6009 Amendments to Coquille Restoration Act
Section 5(d) of the Coquille Restoration Act (Public Law 101–42; 103 Stat. 92, 110 Stat. 3009–537) is amended—
by striking paragraph (5) and inserting the following:
“(5) Management
“(A) In general—Subject to subparagraph (B), the Secretary, acting through the Assistant Secretary for Indian Affairs, shall manage the Coquille Forest in accordance with the laws pertaining to the management of Indian trust land.
“(B) Administration
“(i) Unprocessed logs—Unprocessed logs harvested from the Coquille Forest shall be subject to the same Federal statutory restrictions on export to foreign nations that apply to unprocessed logs harvested from Federal land.
“(ii) Sales of timber—Notwithstanding any other provision of law, all sales of timber from land subject to this subsection shall be advertised, offered, and awarded according to competitive bidding practices, with sales being awarded to the highest responsible bidder.”
by striking paragraph (9); and
by redesignating paragraphs (10) through (12) as paragraphs (9) through (11), respectively.
Sec. 6010 Conveyance of Federal land within the Swan Lake hydroelectric project boundary
Not later than 18 months after the date of enactment of this Act, the Secretary, after consultation with the Secretary of Agriculture, shall—
survey the exterior boundaries of the tract of Federal land within the project boundary of the Swan Lake Hydroelectric Project (FERC No. 2911) as generally depicted and labeled “Lost Creek” on the map entitled “Swan Lake Project Boundary—Lot 2” and dated February 1, 2016; and
issue a patent to the State of Alaska for the tract described in paragraph (1) in accordance with—
the survey authorized under paragraph (1);
section 6(a) of the Act of July 7, 1958 (commonly known as the “Alaska Statehood Act”) (48 U.S.C. note prec. 21; Public Law 85–508); and
section 24 of the Federal Power Act (16 U.S.C. 818).
Sec. 6011 Pascua Yaqui Tribe land conveyance
Definitions— In this section:
District— The term District means the Tucson Unified School District No. 1, a school district recognized as such under the laws of the State of Arizona.
Map— The term “Map” means the map titled ‘“Pascua Yaqui Tribe Land Conveyance Act”, dated March 14, 2016, and on file and available for public inspection in the local office of the Bureau of Land Management.
Recreation and Public Purposes Act— The term Recreation and Public Purposes Act means the Act of June 14, 1926 (43 U.S.C. 869 et seq.).
Tribe— The term Tribe means the Pascua Yaqui Tribe of Arizona, a federally recognized Indian tribe.
Land to be held in trust—
Parcel A— Subject to paragraph (2) and to valid existing rights, all right, title, and interest of the United States in and to the approximately 39.65 acres of Federal lands generally depicted on the map as “Parcel A” are declared to be held in trust by the United States for the benefit of the Tribe.
Effective date— Paragraph (1) shall take effect on the day after the date on which the District relinquishes all right, title, and interest of the District in and to the approximately 39.65 acres of land described in paragraph (1).
Lands to be conveyed to the district—
Parcel B—
In general— Subject to valid existing rights and payment to the United States of the fair market value, the United States shall convey to the District all right, title, and interest of the United States in and to the approximately 13.24 acres of Federal lands generally depicted on the map as “Parcel B”.
Determination of fair market value— The fair market value of the property to be conveyed under subparagraph (A) shall be determined by the Secretary in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Costs of conveyance— As a condition of the conveyance under this paragraph, all costs associated with the conveyance shall be paid by the District.
Parcel C—
In general— If, not later than 1 year after the completion of the appraisal required by subparagraph (C), the District submits to the Secretary an offer to acquire the Federal reversionary interest in all of the approximately 27.5 acres of land conveyed to the District under Recreation and Public Purposes Act and generally depicted on the map as “Parcel C”, the Secretary shall convey to the District such reversionary interest in the lands covered by the offer. The Secretary shall complete the conveyance not later than 30 days after the date of the offer.
Survey— Not later than 90 days after the date of the enactment of this Act, the Secretary shall complete a survey of the lands described in this paragraph to determine the precise boundaries and acreage of the lands subject to the Federal reversionary interest.
Appraisal— Not later than 180 days after the date of enactment of this Act, the Secretary shall complete an appraisal of the Federal reversionary interest in the lands identified by the survey required by subparagraph (B). The appraisal shall be completed in accordance with the Uniform Appraisal Standards for Federal Land Acquisitions and the Uniform Standards of Professional Appraisal Practice.
Consideration— As consideration for the conveyance of the Federal reversionary interest under this paragraph, the District shall pay to the Secretary an amount equal to the appraised value of the Federal interest, as determined under subparagraph (C). The consideration shall be paid not later than 30 days after the date of the conveyance.
Costs of conveyance— As a condition of the conveyance under this paragraph, all costs associated with the conveyance, including the cost of the survey required by subparagraph (B) and the appraisal required by subparagraph (C), shall be paid by the District.
Gaming prohibition— The Tribe may not conduct gaming activities on lands taken into trust pursuant to this section, either as a matter of claimed inherent authority, under the authority of any Federal law, including the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.), or under regulations promulgated by the Secretary or the National Indian Gaming Commission.
Water rights—
In general— There shall be no Federal reserved right to surface water or groundwater for any land taken into trust by the United States for the benefit of the Tribe under this section.
State water rights— The Tribe retains any right or claim to water under State law for any land taken into trust by the United States for the benefit of the Tribe under this section.
Forfeiture or abandonment— Any water rights that are appurtenant to land taken into trust by the United States for the benefit of the Tribe under this section may not be forfeited or abandoned.
Administration— Nothing in this section affects or modifies any right of the Tribe or any obligation of the United States under Public Law 95–375 (92 Stat. 712; 108 Stat. 3418).
B Land management
Sec. 6101 Cadastre of Federal real property
Definition of cadastre— In this section, the term cadastre means a geospatially enabled inventory of buildings and other real property (including associated infrastructure such as roads and utility transmission lines and pipelines) located on land administered by the Secretary, which is developed through collecting, storing, retrieving, or disseminating graphical or digital data and any information related to the data, including surveys, maps, charts, images, and services.
Cadastre of federal real property—
In general— The Secretary is authorized—
to develop and maintain a current and accurate multipurpose cadastre to support Federal land management activities for the Department and the Forest Service;
to incorporate any related inventories of Federal real property, including any inventories prepared under applicable land or resource management plans; and
to enter into discussions with other Federal agencies, including the Forest Service, to make the cadastre available for use by the Department, the Forest Service, and other Federal agencies to support agency management activities.
Cost-sharing agreements—
In general— The Secretary may enter into cost-sharing agreements with other Federal agencies, and with States, Indian tribes, and local governments, to include any non-Federal land in the cadastre.
Cost share— The Federal share of any cost agreement described in subparagraph (A) shall not exceed 50 percent of the total cost required to make the cadastre available to non-Federal entities.
Consolidation and report— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report on the real property inventories or any components of any cadastre or related inventories that—
exist as of the date of enactment of this Act;
are authorized by law or conducted by the Secretary; and
are of sufficient accuracy to be included in the cadastre authorized under paragraph (1).
Coordination— In carrying out this subsection, the Secretary—
shall participate (in accordance with section 216 of the E–Government Act of 2002 (44 U.S.C. 3501 note; Public Law 107–347)) in the establishment of such standards and common protocols as are necessary to ensure the interoperability of geospatial information pertaining to the cadastre for all users of the information;
shall coordinate with, seek assistance and cooperation of, and provide liaison to the Federal Geographic Data Committee pursuant to Office of Management and Budget Circular A–16 and Executive Order 12906 (43 U.S.C. 1457 note; relating to coordinating geographic data acquisition and access: the National Spatial Data Infrastructure) for the implementation of and compliance with such standards as may be applicable to the cadastre;
shall make the cadastre interoperable with the Federal Real Property Profile established pursuant to Executive Order 13327 (40 U.S.C. 121 note; relating to Federal real property asset management);
shall integrate with and leverage, to the maximum extent practicable, cadastre activities of units of State and local government; and
may use contracts with the private sector, if practicable, to provide such products and services as are necessary to develop the cadastre.
Transparency and public access— The Secretary shall—
make the cadastre required under this section publicly available on the Internet in a graphically geoenabled and searchable format; and
in consultation with the Secretary of Defense and the Secretary of Homeland Security, prevent the disclosure of the identity of any buildings or facilities, or information related to the buildings or facilities, if the disclosure would impair or jeopardize the national security or homeland defense of the United States.
Effect— Nothing in this section—
creates any substantive or procedural right or benefit;
authorizes any new surveying or mapping of Federal real property, except that a Federal agency may conduct a new survey to update the accuracy of the inventory data of the agency before storage on a cadaster; or
authorizes—
the evaluation of any real property owned by the United States for disposal; or
new appraisals or assessments of the value of—
real property; or
cultural or archaeological resources on any parcel of Federal land or other real property.
Sec. 6102 Additional authority for sale or exchange of small parcels of National Forest System land
Section 3 of Public Law 97–465 (commonly known as the “Small Tracts Act”) (16 U.S.C. 521e) is amended—
in the matter preceding paragraph (1), by striking “$150,000” and inserting “$500,000”; and
in paragraph (1)—
by striking “under the mining laws”; and
by striking the semicolon at the end and inserting “, or have lost their National Forest character;”.
Sec. 6103 Bolts ditch access
Access granted— The Secretary of Agriculture shall permit by special use authorization nonmotorized access and use, in accordance with section 293.6 of title 36, Code of Federal Regulations, of the Bolts Ditch Headgate and the Bolts Ditch within the Holy Cross Wilderness, Colorado, as designated by Public Law 96–560, for the purposes of the diversion of water and use, maintenance, and repair of such ditch and headgate by the Town of Minturn, Colorado, a Colorado Home Rule Municipality.
Location of facilities— The Bolts Ditch headgate and ditch segment referenced in subsection (a) are as generally depicted on the map entitled “Bolts Ditch headgate and Ditch Segment”, dated November, 2015.
Sec. 6104 Designation of Alex Diekmann Peak, Montana
In general— The unnamed 9,765-foot peak located 2.2 miles west-northwest of Finger Mountain on the western boundary of the Lee Metcalf Wilderness, Montana (UTM coordinates Zone 12, 457966 E., 4982589 N.), shall be known and designated as “Alex Diekmann Peak”.
References— Any reference in a law, map, regulation, document, record, or other paper of the United States to the peak described in subsection (a) shall be considered to be a reference to “Alex Diekmann Peak”.
Sec. 6105 Methow Valley, Washington, Federal land withdrawal
Definition of Map— In this section, the term Map means the Forest Service map entitled “Methow Headwaters Withdrawal Proposal Legislative Map” and dated May 24, 2016.
Withdrawal— Subject to valid existing rights, the approximately 340,079 acres of Federal land and interests in the land located in the Okanogan-Wenatchee National Forest within the area depicted on the Map as “Proposed Withdrawal” is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under the mineral leasing and geothermal leasing laws.
Acquired land— Any land or interest in land within the area depicted on the Map as “Proposed Withdrawal” that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section.
Availability of map— The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
Sec. 6106 Frank and Jeanne Moore Wild Steelhead Special Management Area, Oregon
Findings— Congress finds that—
Frank Moore has committed his life to family, friends, his country, and fly fishing;
Frank Moore is a World War II veteran who stormed the beaches of Normandy along with 150,000 troops during the D-Day Allied invasion and was awarded the Chevalier of the French Legion of Honor for his bravery;
Frank Moore returned home after the war, started a family, and pursued his passion of fishing on the winding rivers in Oregon;
as the proprietors of the Steamboat Inn along the North Umpqua River in Oregon for nearly 20 years, Frank and Jeanne Moore shared their love of fishing, the flowing river, and the great outdoors with visitors from all over the United States and the world;
Frank Moore has spent most of his life fishing the vast rivers of Oregon, during which time he has contributed significantly to efforts to conserve fish habitats and protect river health, including serving on the State of Oregon Fish and Wildlife Commission;
Frank Moore has been recognized for his conservation work with the National Wildlife Federation Conservationist of the Year award, the Wild Steelhead Coalition Conservation Award, and his 2010 induction into the Fresh Water Fishing Hall of Fame;
Jeanne Moore has dedicated many years to studying, documenting, and bringing attention to rare and native plants and flowers in the Umpqua National Forest;
the work and dedication of Jeanne Moore led to the establishment of the Limpy Rock Research Natural Area in the Umpqua National Forest and the protection of unique native plant species; and
in honor of the many accomplishments of Frank and Jeanne Moore, both on and off the river, approximately 99,653 acres of Forest Service land in the State of Oregon should be designated as the “Frank and Jeanne Moore Wild Steelhead Special Management Area”.
Definitions— In this section:
Map— The term Map means the map entitled “Frank Moore Wild Steelhead Special Management Area Designation Act” and dated June 23, 2016.
Secretary— The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service.
Special management area— The term “Special Management Area” means the Frank and Jeanne Moore Wild Steelhead Special Management Area designated by subsection (c).
State— The term State means the State of Oregon.
Designation— The approximately 99,653 acres of Forest Service land in the State, as generally depicted on the Map, is designated as the “Frank and Jeanne Moore Wild Steelhead Special Management Area”.
Map; legal description—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall prepare a map and legal description of the Special Management Area.
Force of law— The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct clerical and typographical errors in the map and legal description.
Availability— The map and legal description prepared under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Forest Service.
Administration— Subject to valid existing rights, the Special Management Area shall be administered by the Secretary—
in accordance with all laws (including regulations) applicable to the National Forest System; and
in a manner that—
conserves and enhances the natural character, scientific use, and the botanical, recreational, ecological, fish and wildlife, scenic, drinking water, and cultural values of the Special Management Area;
maintains and seeks to enhance the wild salmonid habitat of the Special Management Area;
maintains or enhances the watershed as a thermal refuge for wild salmonids; and
preserves opportunities for recreation, including primitive recreation.
Fish and wildlife— Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State.
Adjacent management— Nothing in this section—
creates any protective perimeter or buffer zone around the Special Management Area; or
modifies the applicable travel management plan for the Special Management Area.
Wildfire management— Nothing in this section prohibits the Secretary, in cooperation with other Federal, State, and local agencies, as appropriate, from conducting wildland fire operations in the Special Management Area, consistent with the purposes of this section, including the use of aircraft, machinery, mechanized equipment, fire breaks, backfires, and retardant.
Vegetation management— Nothing in this section prohibits the Secretary from conducting vegetation management projects within the Special Management Area in a manner consistent with—
the purposes described in subsection (e); and
the applicable forest plan.
Protection of tribal rights— Nothing in this section diminishes any treaty rights of an Indian tribe.
Withdrawal— Subject to valid existing rights, the Federal land within the boundaries of the Special Management Area river segments designated by subsection (c) is withdrawn from all forms of—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
disposition under all laws relating to mineral and geothermal leasing or mineral materials.
Sec. 6107 Expedited access to certain Federal land
Definitions— In this section:
Eligible— The term eligible, with respect to an organization or individual, means that the organization or individual, respectively, is—
acting in a not-for-profit capacity; and
composed entirely of members who, at the time of the good Samaritan search-and-recovery mission, have attained the age of majority under the law of the State where the mission takes place.
Good Samaritan search-and-recovery mission— The term good Samaritan search-and-recovery mission means a search conducted by an eligible organization or individual for 1 or more missing individuals believed to be deceased at the time that the search is initiated.
Secretary— The term Secretary means the Secretary or the Secretary of Agriculture, as applicable.
Process—
In general— Each Secretary shall develop and implement a process to expedite access to Federal land under the administrative jurisdiction of the Secretary for eligible organizations and individuals to request access to Federal land to conduct good Samaritan search-and-recovery missions.
Inclusions— The process developed and implemented under this subsection shall include provisions to clarify that—
an eligible organization or individual granted access under this section—
shall be acting for private purposes; and
shall not be considered to be a Federal volunteer;
an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section shall not be considered to be a volunteer under section 102301(c) of title 54, United States Code;
chapter 171 of title 28, United States Code (commonly known as the “Federal Tort Claims Act”), shall not apply to an eligible organization or individual carrying out a privately requested good Samaritan search-and-recovery mission under this section; and
chapter 81 of title 5, United States Code (commonly known as the “Federal Employees Compensation Act”), shall not apply to an eligible organization or individual conducting a good Samaritan search-and-recovery mission under this section, and the conduct of the good Samaritan search-and-recovery mission shall not constitute civilian employment.
Release of Federal Government from liability— The Secretary shall not require an eligible organization or individual to have liability insurance as a condition of accessing Federal land under this section, if the eligible organization or individual—
acknowledges and consents, in writing, to the provisions described in subparagraphs (A) through (D) of subsection (b)(2); and
signs a waiver releasing the Federal Government from all liability relating to the access granted under this section and agrees to indemnify and hold harmless the United States from any claims or lawsuits arising from any conduct by the eligible organization or individual on Federal land.
Approval and denial of requests—
In general— The Secretary shall notify an eligible organization or individual of the approval or denial of a request by the eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section by not later than 48 hours after the request is made.
Denials— If the Secretary denies a request from an eligible organization or individual to carry out a good Samaritan search-and-recovery mission under this section, the Secretary shall notify the eligible organization or individual of—
the reason for the denial of the request; and
any actions that the eligible organization or individual can take to meet the requirements for the request to be approved.
Partnerships— Each Secretary shall develop search-and-recovery-focused partnerships with search-and-recovery organizations—
to coordinate good Samaritan search-and-recovery missions on Federal land under the administrative jurisdiction of the Secretary; and
to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of the Secretary.
Report— Not later than 180 days after the date of enactment of this Act, the Secretaries shall submit to Congress a joint report describing—
plans to develop partnerships described in subsection (e)(1); and
efforts carried out to expedite and accelerate good Samaritan search-and-recovery mission efforts for missing individuals on Federal land under the administrative jurisdiction of each Secretary pursuant to subsection (e)(2).
Sec. 6108 Maintenance or replacement of facilities and structures at Smith Gulch
The authorization of the Secretary of Agriculture to maintain or replace facilities or structures for commercial recreation services at Smith Gulch under section 3(a)(24)(D) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(24)(D))—
may include improvements or replacements that the Secretary of Agriculture determines—
are consistent with section 9(b) of the Central Idaho Wilderness Act of 1980 (16 U.S.C. 1281 note; Public Law 96–312); and
would reduce the impact of the commercial recreation facilities or services on wilderness or wild and scenic river resources and values; and
authorizes the Secretary of Agriculture to consider including, as appropriate—
hydroelectric generators and associated electrical transmission facilities;
water pumps for fire suppression;
transitions from propane to electrical lighting;
solar energy systems;
6-volt or 12-volt battery banks for power storage; and
other improvements or replacements which are consistent with this section that the Secretary of Agriculture determines appropriate.
Sec. 6109 Cerro del Yuta and Río San Antonio Wilderness Areas
Definitions— In this section:
Map— The term map means the map entitled “Río Grande del Norte National Monument Proposed Wilderness Areas” and dated July 28, 2015.
Wilderness area— The term “wilderness area” means a wilderness area designated by subsection (b)(1).
Designation of Cerro del Yuta and Río San Antonio Wilderness Areas—
In general— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas in the Río Grande del Norte National Monument are designated as wilderness and as components of the National Wilderness Preservation System:
Cerro del yuta wilderness— Certain land administered by the Bureau of Land Management in Taos County, New Mexico, comprising approximately 13,420 acres as generally depicted on the map, which shall be known as the “Cerro del Yuta Wilderness”.
Río san antonio wilderness— Certain land administered by the Bureau of Land Management in Río Arriba County, New Mexico, comprising approximately 8,120 acres, as generally depicted on the map, which shall be known as the “Río San Antonio Wilderness”.
Management of wilderness areas— Subject to valid existing rights, the wilderness areas shall be administered in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and this section, except that with respect to the wilderness areas designated by this subsection—
any reference to the effective date of the Wilderness Act shall be considered to be a reference to the date of enactment of this Act; and
any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary.
Incorporation of acquired land and interests in land— Any land or interest in land within the boundary of the wilderness areas that is acquired by the United States shall—
become part of the wilderness area in which the land is located; and
be managed in accordance with—
the Wilderness Act (16 U.S.C. 1131 et seq.);
this section; and
any other applicable laws.
Grazing— Grazing of livestock in the wilderness areas, where established before the date of enactment of this Act, shall be administered in accordance with—
section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and
the guidelines set forth in appendix A of the Report of the Committee on Interior and Insular Affairs to accompany H.R. 2570 of the 101st Congress (H. Rept. 101–405).
Buffer zones—
In general— Nothing in this section creates a protective perimeter or buffer zone around the wilderness areas.
Activities outside wilderness areas— The fact that an activity or use on land outside a wilderness area can be seen or heard within the wilderness area shall not preclude the activity or use outside the boundary of the wilderness area.
Release of wilderness study areas— Congress finds that, for purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the public land within the San Antonio Wilderness Study Area not designated as wilderness by this subsection—
has been adequately studied for wilderness designation;
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
shall be managed in accordance with this section.
Maps and legal descriptions—
In general— As soon as practicable after the date of enactment of this Act, the Secretary shall file the map and legal descriptions of the wilderness areas with—
the Committee on Energy and Natural Resources of the Senate; and
the Committee on Natural Resources of the House of Representatives.
Force of law— The map and legal descriptions filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct errors in the legal description and map.
Public availability— The map and legal descriptions filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management.
National landscape conservation system— The wilderness areas shall be administered as components of the National Landscape Conservation System.
Fish and wildlife— Nothing in this section affects the jurisdiction of the State of New Mexico with respect to fish and wildlife located on public land in the State.
Withdrawals— Subject to valid existing rights, any Federal land within the wilderness areas designated by paragraph (1), including any land or interest in land that is acquired by the United States after the date of enactment of this Act, is withdrawn from—
entry, appropriation, or disposal under the public land laws;
location, entry, and patent under the mining laws; and
operation of the mineral leasing, mineral materials, and geothermal leasing laws.
Treaty rights— Nothing in this section enlarges, diminishes, or otherwise modifies any treaty rights.
Sec. 6110 Additions to Cherokee National Forest Wilderness Areas
Definitions— In this section:
Map— The term Map means the map entitled “Proposed Wilderness Areas and Additions-Cherokee National Forest” and dated January 20, 2010.
Secretary— The term Secretary means the Secretary of Agriculture.
State— The term State means the State of Tennessee.
Designation of wilderness— In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the following parcels of Federal land in the Cherokee National Forest in the State of Tennessee are designated as wilderness and as additions to the National Wilderness Preservation System:
Certain land comprising approximately 9,038 acres, as generally depicted as the “Upper Bald River Wilderness” on the Map and which shall be known as the “Upper Bald River Wilderness”.
Certain land comprising approximately 348 acres, as generally depicted as the “Big Frog Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Big Frog Wilderness.
Certain land comprising approximately 630 acres, as generally depicted as the “Little Frog Mountain Addition NW” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
Certain land comprising approximately 336 acres, as generally depicted as the “Little Frog Mountain Addition NE” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Little Frog Mountain Wilderness.
Certain land comprising approximately 2,922 acres, as generally depicted as the “Sampson Mountain Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Sampson Mountain Wilderness.
Certain land comprising approximately 4,446 acres, as generally depicted as the “Big Laurel Branch Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Big Laurel Branch Wilderness.
Certain land comprising approximately 1,836 acres, as generally depicted as the “Joyce Kilmer-Slickrock Addition” on the Map and which shall be incorporated in, and shall be considered to be a part of, the Joyce Kilmer-Slickrock Wilderness.
Maps and legal descriptions—
In general— As soon as practicable after the date of the enactment of this Act, the Secretary shall file maps and legal descriptions of the wilderness areas designated by subsection (b) with the appropriate committees of Congress.
Public availability— The maps and legal descriptions filed under paragraph (1) shall be on file and available for public inspection in the office of the Chief of the Forest Service and the office of the Supervisor of the Cherokee National Forest.
Force of law— The maps and legal descriptions filed under paragraph (1) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the maps and descriptions.
Administration—
In general— Subject to valid existing rights, the Federal land designated as wilderness by subsection (b) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that any reference in that Act to the effective date of that Act shall be deemed to be a reference to the date of the enactment of this Act.
Fish and wildlife management— In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this section affects the jurisdiction of the State with respect to fish and wildlife management (including the regulation of hunting, fishing, and trapping) in the wilderness areas designated by subsection (b).
VII National Park System Management, Studies, and Related Matters
A Special Resource Studies
Sec. 7001 Special resource study of James K. Polk presidential home
Definition of study area— In this section, the term study area means the President James K. Polk Home in Columbia, Tennessee, and adjacent property.
Special resource study—
Study— The Secretary shall conduct a special resource study of the study area.
Contents— In conducting the study under paragraph (1), the Secretary shall—
evaluate the national significance of the study area;
determine the suitability and feasibility of designating the study area as a unit of the National Park System;
consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations;
consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and
identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives.
Applicable law— The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code.
Report— Not later than 3 years after the date on which funds are first made available for the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the results of the study; and
any conclusions and recommendations of the Secretary.
Sec. 7002 Special resource study of Fort Ontario
Definition of study area— In this section, the term study area means Fort Ontario in Oswego, New York.
Special resource study—
Study— The Secretary shall conduct a special resource study of the study area.
Contents— In conducting the study under paragraph (1), the Secretary shall—
evaluate the national significance of the study area;
determine the suitability and feasibility of designating the study area as a unit of the National Park System;
consider other alternatives for preservation, protection, and interpretation of the study area by the Federal Government, State or local government entities, or private and nonprofit organizations;
consult with interested Federal agencies, State or local governmental entities, private and nonprofit organizations, or any other interested individuals; and
identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives.
Applicable law— The study required under paragraph (1) shall be conducted in accordance with section 100507 of title 54, United States Code.
Report— Not later than 3 years after the date on which funds are first made available to carry out the study under paragraph (1), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the results of the study; and
any conclusions and recommendations of the Secretary.
B National Park Service Management and Related Matters
Sec. 7101 Ocmulgee Mounds National Historical Park boundary revision
Definitions— In this section:
Historical park— The term Historical Park means the Ocmulgee Mounds National Historical Park in the State of Georgia, as redesignated in subsection (b).
Map— The term map means the map entitled “Ocmulgee National Monument Proposed Boundary Adjustment, numbered 363/125996”, and dated January 2016.
Ocmulgee mounds national historical park—
Redesignation— Ocmulgee National Monument, established pursuant to the Act of June 14, 1934 (48 Stat. 958), shall be known and designated as “Ocmulgee Mounds National Historical Park”.
References— Any reference in a law, map, regulation, document, paper, or other record of the United States to “Ocmulgee National Monument”, other than in this section, shall be deemed to be a reference to “Ocmulgee Mounds National Historical Park”.
Boundary adjustment—
In general— The boundary of the Historical Park is revised to include approximately 2,100 acres, as generally depicted on the map.
Availability of map— The map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Land acquisition—
In general— The Secretary may acquire land and interests in land within the boundaries of the Historical Park by donation, purchase from a willing seller with donated or appropriated funds, or exchange.
Limitation— The Secretary may not acquire by condemnation any land or interest in land within the boundaries of the Historical Park.
Administration— The Secretary shall administer any land acquired under subsection (d) as part of the Historical Park in accordance with applicable laws and regulations.
Ocmulgee river corridor special resource study—
In general— The Secretary shall conduct a special resource study of the Ocmulgee River corridor between the cities of Macon, Georgia, and Hawkinsville, Georgia, to determine—
the national significance of the study area;
the suitability and feasibility of adding lands in the study area to the National Park System; and
the methods and means for the protection and interpretation of the study area by the National Park Service, other Federal, State, local government entities, affiliated federally recognized Indian tribes, or private or nonprofit organizations.
Criteria— The Secretary shall conduct the study authorized by this section in accordance with section 100507 of title 54, United States Code.
Results of study— Not later than 3 years after the date on which funds are made available to carry out this subsection, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate—
the results of the study; and
any findings, conclusions, and recommendations of the Secretary.
Sec. 7102 John Muir National Historic Site land acquisition
Acquisition— The Secretary may acquire by donation the approximately 44 acres of land, and interests in such land, that are identified on the map entitled “John Muir National Historic Site Proposed Boundary Expansion”, numbered 426/127150, and dated November, 2014.
Boundary— Upon the acquisition of the land authorized by subsection (a), the Secretary shall adjust the boundaries of the John Muir Historic Site in Martinez, California, to include the land identified on the map referred to in subsection (a).
Administration— The land and interests in land acquired under subsection (a) shall be administered as part of the John Muir National Historic Site established by Public Law 88–547 (78 Stat. 753).
Sec. 7103 Amendment to Coltsville National Historical Park donation site
Section 3032(b)(2)(B) of Public Law 113–291 (16 U.S.C. 410qqq(b)(2)(B)) is amended by striking “East Armory” and inserting “Colt Armory Complex”.
Sec. 7104 Kennesaw Mountain National Battlefield Park boundary adjustment; land acquisition; administration
Boundary adjustment— The boundary of the Kennesaw Mountain National Battlefield Park is modified to include the approximately 8 acres identified as “Wallis House and Harriston Hill”, and generally depicted on the map titled “Kennesaw Mountain National Battlefield Park, Proposed Boundary Adjustment”, numbered 325/80,020, and dated February 2010.
Map— The map referred to in subsection (a) shall be on file and available for inspection in the appropriate offices of the National Park Service.
Land acquisition— The Secretary may acquire land or interests in land described in subsection (a) by donation, purchase from willing sellers, or exchange.
Administration of acquired land— The Secretary shall administer land and interests in land acquired under this section as part of the Kennesaw Mountain National Battlefield Park in accordance with applicable laws and regulations.
Sec. 7105 Designation of existing wilderness area in Lake Clark National Park as the Jay S. Hammond Wilderness
Designation— The approximately 2,600,000 acres of National Wilderness Preservation System land located within the Lake Clark National Park and Preserve designated by section 701(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 1132 note; Public Law 96–487) shall be known and designated as the “Jay S. Hammond Wilderness”.
References— Any reference in a law, map, regulation, document, paper, or other record of the United States to the wilderness area referred to in subsection (a) shall be deemed to be a reference to the “Jay S. Hammond Wilderness”.
Sec. 7106 Sky Point mountain designation
Designation— The mountain in the John Muir Wilderness of the Sierra National Forest in California, located at 37°15′16.10091″N 118°43′39.54102″W, shall be known and designated as “Sky Point”.
Reference— Any reference in a law, map, regulation, document, record, or other paper of the United States to the mountain described in subsection (a) shall be considered to be a reference to “Sky Point”.
Sec. 7107 Eligibility of Hispanic-serving institutions and Asian American and Native American Pacific Islander-serving institutions for assistance for preservation education and training programs
Section 303903(3) of title 54, United States Code, is amended by inserting “to Hispanic-serving institutions (as defined in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a))) and Asian American and Native American Pacific Islander-serving institutions (as defined in section 320(b) of the Higher Education Act of 1965 (20 U.S.C. 1059g(b))),” after “universities,”.
Sec. 7108 Martin Luther King, Jr. National Historical Park
in subsection (a) of the first section, by striking “the map entitled “Martin Luther King, Junior, National Historic Site Boundary Map”, number 489/80,013B, and dated September 1992” and inserting “the map entitled “Martin Luther King, Jr. National Historical Park Proposed Boundary Revision”, numbered 489/128,786 and dated June 2015”;
by striking “Martin Luther King, Junior, National Historic Site” each place it appears and inserting “Martin Luther King, Jr. National Historical Park”;
by striking “national historic site” each place it appears and inserting “national historical park”;
by striking “historic site” each place it appears and inserting “historical park”; and
by striking “historic sites” in section 2(a) and inserting “historical parks”.
References— Any reference in a law (other than this section), map, regulation, document, paper, or other record of the United States to “Martin Luther King, Junior, National Historic Site” shall be deemed to be a reference to “Martin Luther King, Jr. National Historical Park”.
Sec. 7109 Vehicular access and fees at Delaware Water Gap National Recreation Area
In general— Section 4 of the Delaware Water Gap National Recreation Area Improvement Act (Public Law 109–156; 119 Stat. 2948) is amended to read as follows:
“4. Use of certain roads within the Recreation Area
“(a) In general—Except as otherwise provided in this section, Highway 209, a federally owned road within the boundaries of the Recreation Area, shall be closed to all commercial vehicles.
“(b) Exception for local business use—Until September 30, 2021, subsection (a) shall not apply with respect to the use of commercial vehicles that have four or fewer axles and are—
“(1) owned and operated by a business physically located in—
“(A) the Recreation Area; or
“(B) one or more adjacent municipalities; or
“(2) necessary to provide services to businesses or persons located in—
“(A) the Recreation Area; or
“(B) one of more adjacent municipalities.
“(c) Fee—The Secretary shall establish a fee and permit program for the use by commercial vehicles of Highway 209 under subsection (b). The program shall include an annual fee not to exceed $200 per vehicle. All fees received under the program shall be set aside in a special account and be available, without further appropriation, to the Secretary for the administration and enforcement of the program, including registering vehicles, issuing permits and vehicle identification stickers, and personnel costs.
“(d) Exceptions—The following vehicles may use Highway 209 and shall not be subject to a fee or permit requirement under subsection (c):
“(1) Local school buses.
“(2) Fire, ambulance, and other safety and emergency vehicles.
“(3) Commercial vehicles using Federal Road Route 209, from—
“(A) Milford to the Delaware River Bridge leading to U.S. Route 206 in New Jersey; and
“(B) mile 0 of Federal Road Route 209 to Pennsylvania State Route 2001.”
Definitions— Section 2 of the Delaware Water Gap National Recreation Area Improvement Act (Public Law 109–156; 119 Stat. 2946) is amended—
by redesignating paragraphs (1) through (5) as paragraphs (2) through (6), respectively; and
by inserting before paragraph (2) (as so redesignated by paragraph (1)) the following:
“(1) Adjacent municipalities—The term adjacent municipalities means Delaware Township, Dingman Township, Lehman Township, Matamoras Borough, Middle Smithfield Township, Milford Borough, Milford Township, Smithfield Township and Westfall Township, in Pennsylvania.”
Conforming amendment— Section 702 of division I of the Omnibus Parks and Public Lands Management Act of 1996 (Public Law 104–333; 110 Stat. 4185) is repealed.
Sec. 7110 Denali National Park and Preserve natural gas pipeline
Permit— Section 3(b)(1) of the Denali National Park Improvement Act (Public Law 113–33; 127 Stat. 516) is amended by striking “within, along, or near the approximately 7-mile segment of the George Parks Highway that runs through the Park”.
Terms and conditions— Section 3(c)(1) of the Denali National Park Improvement Act (Public Law 113–33; 127 Stat. 516) is amended—
in subparagraph (A), by inserting “and” after the semicolon;
by striking subparagraph (B); and
by redesignating subparagraph (C) as subparagraph (B).
Applicable law— Section 3 of the Denali National Park Improvement Act (Public Law 113–33; 127 Stat. 515) is amended by adding at the end the following:
“(d) Applicable law—A high pressure gas transmission pipeline (including appurtenances) in a nonwilderness area within the boundary of the Park, shall not be subject to title XI of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3161 et seq.).”
Sec. 7111 Wild horses in and around the Currituck National Wildlife Refuge
Genetic diversity— The Secretary, in consultation with the North Carolina Department of Environment and Natural Resources, Currituck County, North Carolina, and the Corolla Wild Horse Fund, shall allow for the introduction of a small number of free-roaming wild horses from the Cape Lookout National Seashore as necessary to ensure the genetic diversity and viability of the wild horse population currently found in and around the Currituck National Wildlife Refuge, consistent with—
the laws (including regulations) applicable to the Currituck National Wildlife Refuge and the Cape Lookout National Seashore; and
the December 2014 Wild Horse Management Agreement approved by the United States Fish and Wildlife Service, the North Carolina Department of Environment and Natural Resources, Currituck County, North Carolina, and the Corolla Wild Horse Fund.
Agreement—
In general— The Secretary may enter into an agreement with the Corolla Wild Horse Fund to provide for the cost-effective management of the horses in and around the Currituck National Wildlife Refuge while ensuring that natural resources within the Currituck National Wildlife Refuge are not adversely impacted.
Requirements— The agreement entered into under paragraph (1) shall specify that the Corolla Wild Horse Fund shall pay the costs associated with—
coordinating and conducting a periodic census, and inspecting the health, of the horses;
maintaining records of the horses living in the wild and in confinement;
coordinating and conducting the removal and placement of horses and monitoring of any horses removed from the Currituck County Outer Banks; and
administering a viable population control plan for the horses, including auctions, adoptions, contraceptive fertility methods, and other viable options.
Sec. 7112 Lower Farmington and Salmon Brook recreational rivers
Designation— Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following new paragraph:
“(213) Lower farmington river and salmon brook, connecticut—Segments of the main stem and its tributary, Salmon Brook, totaling approximately 62 miles, to be administered by the Secretary of the Interior as follows:
“(A) The approximately 27.2-mile segment of the Farmington River beginning 0.2 miles below the tailrace of the Lower Collinsville Dam and extending to the site of the Spoonville Dam in Bloomfield and East Granby as a recreational river.
“(B) The approximately 8.1-mile segment of the Farmington River extending from 0.5 miles below the Rainbow Dam to the confluence with the Connecticut River in Windsor as a recreational river.
“(C) The approximately 2.4-mile segment of the main stem of Salmon Brook extending from the confluence of the East and West Branches to the confluence with the Farmington River as a recreational river.
“(D) The approximately 12.6-mile segment of the West Branch of Salmon Brook extending from its headwaters in Hartland, Connecticut to its confluence with the East Branch of Salmon Brook as a recreational river.
“(E) The approximately 11.4-mile segment of the East Branch of Salmon Brook extending from the Massachusetts-Connecticut State line to the confluence with the West Branch of Salmon Brook as a recreational river.”
Management—
In general— The river segments designated by subsection (a) shall be managed in accordance with the management plan and such amendments to the management plan as the Secretary determines are consistent with this section. The management plan shall be deemed to satisfy the requirements for a comprehensive management plan pursuant to section 3(d) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(d)).
Committee— The Secretary shall coordinate the management responsibilities of the Secretary under this section with the Lower Farmington River and Salmon Brook Wild and Scenic Committee, as specified in the management plan.
Cooperative agreements—
In general— In order to provide for the long-term protection, preservation, and enhancement of the river segment designated by subsection (a), the Secretary may enter into cooperative agreements pursuant to sections 10(e) and 11(b)(1) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(e), 1282(b)(1))with—
the State of Connecticut;
the towns of Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut; and
appropriate local planning and environmental organizations.
Consistency— All cooperative agreements provided for under this section shall be consistent with the management plan and may include provisions for financial or other assistance from the United States.
Land management—
Zoning ordinances— For the purposes of the segments designated in subsection (a), the zoning ordinances adopted by the towns in Avon, Bloomfield, Burlington, East Granby, Farmington, Granby, Hartland, Simsbury, and Windsor in Connecticut, including provisions for conservation of floodplains, wetlands and watercourses associated with the segments, shall be deemed to satisfy the standards and requirements of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)).
Acquisition of land— The provisions of section 6(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1277(c)) that prohibit Federal acquisition of lands by condemnation shall apply to the segments designated in subsection (a). The authority of the Secretary to acquire lands for the purposes of the segments designated in subsection (a) shall be limited to acquisition by donation or acquisition with the consent of the owner of the lands, and shall be subject to the additional criteria set forth in the management plan.
Rainbow dam— The designation made by subsection (a) shall not be construed to—
prohibit, pre-empt, or abridge the potential future licensing of the Rainbow Dam and Reservoir (including any and all aspects of its facilities, operations and transmission lines) by the Federal Energy Regulatory Commission as a federally licensed hydroelectric generation project under the Federal Power Act, provided that the Commission may, in the discretion of the Commission and consistent with this section, establish such reasonable terms and conditions in a hydropower license for Rainbow Dam as are necessary to reduce impacts identified by the Secretary as invading or unreasonably diminishing the scenic, recreational, and fish and wildlife values of the segments designated by subsection (a); or
affect the operation of, or impose any flow or release requirements on, the unlicensed hydroelectric facility at Rainbow Dam and Reservoir.
Relation to national park system— Notwithstanding section 10(c) of the Wild and Scenic Rivers Act (16 U.S.C. 1281(c)), the Lower Farmington River shall not be administered as part of the National Park System or be subject to regulations which govern the National Park System.
Farmington river, connecticut, designation revision— Section 3(a)(156) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(156)) is amended in the first sentence—
by striking “14-mile” and inserting “15.1-mile”; and
by striking “to the downstream end of the New Hartford-Canton, Connecticut town line” and inserting “to the confluence with the Nepaug River”.
Definition of management plan— In this section, the term management plan means the management plan prepared by the Salmon Brook Wild and Scenic Study Committee entitled the “Lower Farmington River and Salmon Brook Management Plan” and dated June 2011.
Sec. 7113 East Rosebud Wild and Scenic Rivers designation
Purpose— The purpose of this section is to designate East Rosebud Creek in the State of Montana as a component of the National Wild and Scenic Rivers System to preserve and protect for present and future generations the outstandingly remarkable scenic, recreational, and geologic values of the Creek.
Designation of wild and scenic river segments—
Designation— Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as amended by section 7112(a)) is amended by adding at the end the following:
“(214) East Rosebud Creek, Montana—The portions of East Rosebud Creek in the State of Montana, consisting of—
“(A) the 13-mile segment exclusively on public land within the Custer National Forest from the source in the Absaroka-Beartooth Wilderness downstream to the point at which the Creek enters East Rosebud Lake, including the stream reach between Twin Outlets Lake and Fossil Lake, to be administered by the Secretary of Agriculture as a wild river; and
“(B) the 7-mile segment exclusively on public land within the Custer National Forest from immediately below, but not including, the outlet of East Rosebud Lake downstream to the point at which the Creek enters private property for the first time, to be administered by the Secretary of Agriculture as a recreational river.”
Adjacent management—
In general— Nothing in paragraph (214) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by paragraph (1)) creates a protective perimeter or buffer zone outside the designated boundary of the river segment designated by that paragraph.
Outside activities— The fact that an otherwise authorized activity or use can be seen or heard within the boundary of the river segment designated by paragraph (214) of section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) (as added by paragraph (1)) shall not preclude the activity or use outside the boundary of the river segment.
Sec. 7114 Arlington Ridge Visitor Services Facility
Notwithstanding subsection (g) of section 2863 of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107–107; 115 Stat. 1332), the Secretary may construct a structure for visitor services to include a public restroom facility on the Arlington Ridge tract (as defined in that section) in the area of the United States Marine Corps War Memorial.
Sec. 7115 Rockingham County, Virginia, removal of use restriction
Public Law 101–479 (104 Stat. 1158) is amended—
by striking section 2(d); and
by adding at the end the following:
“4. Removal of use restriction
“(a) The approximately 1-acre portion of the land referred to in section 3 that is used for purposes of a child care center, as authorized by this Act, shall not be subject to the use restriction imposed in the deed referred to in section 3.
“(b) Upon enactment of this section, the Secretary of the Interior shall execute an instrument to carry out subsection (a).”
Sec. 7116 Interagency transfer of land along George Washington Memorial Parkway
Definitions— In this section:
Map— The term Map means the map entitled “George Washington Memorial Parkway—Claude Moore Farm Proposed Boundary Adjustment”, numbered 850_130815, and dated February 2016.
Research center— The term Research Center means the Turner-Fairbank Highway Research Center of the Federal Highway Administration.
Administrative jurisdiction transfer—
Transfer of jurisdiction—
George Washington Memorial Parkway land— Administrative jurisdiction over the approximately 0.342 acres of Federal land under the jurisdiction of the Secretary within the boundary of the George Washington Memorial Parkway, as generally depicted as “B” on the Map, is transferred from the Secretary to the Secretary of Transportation.
Research Center land— Administration jurisdiction over the approximately 0.479 acres of Federal land within the boundary of the Research Center land under the jurisdiction of the Secretary of Transportation adjacent to the boundary of the George Washington Memorial Parkway, as generally depicted as “A” on the Map, is transferred from the Secretary of Transportation to the Secretary.
Use restriction— The Secretary shall restrict the use of 0.139 acres of Federal land within the boundary of the George Washington Memorial Parkway immediately adjacent to part of the perimeter fence of the Research Center, generally depicted as “C” on the Map, by prohibiting the storage, construction, or installation of any item that may interfere with the access of the Research Center to the restricted land for security and maintenance purposes.
Reimbursement or consideration— The transfers of administrative jurisdiction under this subsection shall not be subject to reimbursement or consideration.
Compliance with agreement—
Agreement— The National Park Service and the Federal Highway Administration shall comply with all terms and conditions of the agreement entered into by the parties on September 11, 2002, regarding the transfer of administrative jurisdiction, management, and maintenance of the land described in the agreement.
Access to restricted land—
In general— Subject to the terms of the agreement described in subparagraph (A), the Secretary shall allow the Research Center—
to access the Federal land described in paragraph (1)(B) for purposes of transportation to and from the Research Center; and
to access the Federal land described in paragraphs (1)(B) and (2) for purposes of maintenance in accordance with National Park Service standards, including grass mowing, weed control, tree maintenance, fence maintenance, and maintenance of the visual appearance of the Federal land.
Management of transferred land—
Interior land— The Federal land transferred to the Secretary under subsection (b)(1)(B) shall be—
included in the boundary of the George Washington Memorial Parkway; and
administered by the Secretary as part of the George Washington Memorial Parkway, subject to applicable laws (including regulations).
Transportation land— The Federal land transferred to the Secretary of Transportation under subsection (b)(1)(A) shall be—
included in the boundary of the Research Center land; and
removed from the boundary of the George Washington Memorial Parkway.
Restricted-use land— The Federal land that the Secretary has designated for restricted use under subsection (b)(2) shall be maintained by the Research Center.
Map on file— The Map shall be available for public inspection in the appropriate offices of the National Park Service.
Sec. 7117 Shiloh National Military Park boundary modification
Definitions— In this section:
Affiliated area— The term affiliated area means the Parker’s Crossroads Battlefield established as an affiliated area of the National Park System by subsection (c)(1).
Park— The term Park means Shiloh National Military Park, a unit of the National Park System.
Areas to be added to shiloh national military park—
Additional areas— The boundary of the Park is modified to include the areas that are generally depicted on the map entitled “Shiloh National Military Park, Proposed Boundary Adjustment”, numbered 304/80,011, and dated July 2014, and which are comprised of the following:
Fallen Timbers Battlefield.
Russell House Battlefield.
Davis Bridge Battlefield.
Acquisition authority— The Secretary may acquire the land described in paragraph (1) by donation, purchase from willing sellers with donated or appropriated funds, or exchange.
Administration— Any land acquired under this subsection shall be administered as part of the Park.
Establishment of affiliated area—
In general— Parker’s Crossroads Battlefield in the State of Tennessee is established as an affiliated area of the National Park System.
Description of affiliated area— The affiliated area shall consist of the area generally depicted within the Proposed Boundary on the map entitled Parker’s Crossroads Battlefield, Proposed Boundary, numbered 903/80,073, and dated July 2014.
Administration— The affiliated area shall be managed in accordance with—
this section; and
any law generally applicable to units of the National Park System.
Management entity— The City of Parkers Crossroads and the Tennessee Historical Commission shall jointly be the management entity for the affiliated area.
Cooperative agreements— The Secretary may provide technical assistance and enter into cooperative agreements with the management entity for the purpose of providing financial assistance for the marketing, marking, interpretation, and preservation of the affiliated area.
Limited role of the secretary— Nothing in this section authorizes the Secretary to acquire property at the affiliated area or to assume overall financial responsibility for the operation, maintenance, or management of the affiliated area.
General management plan—
In general— The Secretary, in consultation with the management entity, shall develop a general management plan for the affiliated area in accordance with section 100502 of title 54, United States Code.
Transmittal— Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the general management plan developed under subparagraph (A).
Sec. 7118 Historically Black Colleges and Universities Historic Preservation Program reauthorized
Section 507(d)(2) of division I of the Omnibus Parks and Public Lands Management Act of 1996 (54 U.S.C. 302101 note; Public Law 104–333) is amended by striking the period at the end and inserting “and each of fiscal years 2018 through 2024.”.
Sec. 7119 Fort Frederica National Monument boundary adjustment
Maximum acreage— The first section of the Act of May 26, 1936 (16 U.S.C. 433g), is amended by striking “two hundred and fifty acres” and inserting “305 acres”.
Boundary expansion—
In general— The boundary of the Fort Frederica National Monument in the State of Georgia is modified to include the land generally depicted as “Proposed Acquisition Areas” on the map entitled “Fort Frederica National Monument Proposed Boundary Expansion”, numbered 369/132,469, and dated April 2016.
Availability of map— The map described in paragraph (1) shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Acquisition of land— The Secretary may acquire the land and interests in land described in paragraph (1) by donation or purchase with donated or appropriated funds from willing sellers only.
No use of condemnation or eminent domain— The Secretary may not acquire by condemnation or eminent domain any land or interests in land under this section or for the purposes of this section.
Sec. 7120 Redesignation of Robert Emmet Park
Redesignation— The small triangular property designated by the National Park Service as reservation 302, shall be known as “Robert Emmet Park”.
Reference— Any reference in any law, regulation, document, record, map, paper, or other record of the United States to the property referred to in subsection (a) is deemed to be a reference to “Robert Emmet Park”.
Signage— The Secretary may post signs on or near Robert Emmet Park that include 1 or more of the following:
Information on Robert Emmet, his contribution to Irish independence, and his respect for the United States and the American Revolution.
Information on the history of the statue of Robert Emmet located in Robert Emmet Park.
Sec. 7121 Designation of the National Memorial to Fallen Educators
In general— The memorial to fallen educators located at the National Teachers Hall of Fame in Emporia, Kansas, is designated as the “National Memorial to Fallen Educators”.
Effect of Designation— The national memorial designated by this section is not a unit of the National Park System and the designation of the National Memorial to Fallen Educators shall not require or permit Federal funds to be expended for any purpose related to that national memorial.
Sec. 7122 African American Civil Rights Network
Purposes— The purposes of this section are—
to recognize—
the importance of the African American civil rights movement; and
the sacrifices made by the people who fought against discrimination and segregation; and
to authorize the National Park Service to coordinate and facilitate Federal and non-Federal activities to commemorate, honor, and interpret—
the history of the African American civil rights movement;
the significance of the civil rights movement as a crucial element in the evolution of the Civil Rights Act of 1964 (42 U.S.C. 2000a et seq.); and
the relevance of the African American civil rights movement in fostering the spirit of social justice and national reconciliation.
African American Civil Rights Network Program—
In general— Subdivision 1 of Division B of subtitle III of title 54, United States Code, is amended by inserting after chapter 3083 the following:
“3084 African American Civil Rights Network
“308401. Definition of Network
“In this chapter, the term Network means the African American Civil Rights Network established under section 308402(a).
“308402. African American Civil Rights Network
“(a) In general—The Secretary shall establish, within the Service, a program to be known as the “African American Civil Rights Network”.
“(b) Duties of Secretary—In carrying out the Network, the Secretary shall—
“(1) review studies and reports to complement and not duplicate studies of the historical importance of the African American civil rights movement that may be underway or completed, such as the Civil Rights Framework Study;
“(2) produce and disseminate appropriate educational materials relating to the African American civil rights movement, such as handbooks, maps, interpretive guides, or electronic information;
“(3) enter into appropriate cooperative agreements and memoranda of understanding to provide technical assistance under subsection (c); and
“(4)
“(A) create and adopt an official, uniform symbol or device for the Network; and
“(B) issue regulations for the use of the symbol or device adopted under subparagraph (A).
“(c) Elements—The Network shall encompass the following elements:
“(1) All units and programs of the Service that are determined by the Secretary to relate to the African American civil rights movement during the period from 1939 through 1968.
“(2) Other Federal, State, local, and privately owned properties that—
“(A) relate to the African American civil rights movement;
“(B) have a verifiable connection to the African American civil rights movement; and
“(C) are included in, or determined by the Secretary to be eligible for inclusion in, the National Register of Historic Places.
“(3) Other governmental and nongovernmental facilities and programs of an educational, research, or interpretive nature that are directly related to the African American civil rights movement.
“308403. Cooperative agreements and memoranda of understanding
“To achieve the purposes of this chapter and to ensure effective coordination of the Federal and non-Federal elements of the Network described in section 308402(c) with System units and programs of the Service, the Secretary may enter into cooperative agreements and memoranda of understanding with, and provide technical assistance to the heads of other Federal agencies, States, units of local government, regional governmental bodies, and private entities.”
Clerical amendment— The table of chapters for title 54, United States Code, is amended by inserting after the item relating to chapter 3083 the following:
Sec. 7123 400 Years of African-American History Commission
Definitions— In this section:
Commemoration— The term commemoration means the commemoration of the 400th anniversary of the arrival of Africans in the English colonies, at Point Comfort, Virginia, in 1619.
Commission— The term Commission means the 400 Years of African-American History Commission established by subsection (b)(1).
Establishment—
In general— There is established a commission, to be known as the “400 Years of African-American History Commission”.
Membership—
Composition— The Commission shall be composed of 15 members, of whom—
3 members shall be appointed by the Secretary, after considering the recommendations of Governors of States, including the Governor of Virginia;
6 members shall be appointed by the Secretary, after considering the recommendations of civil rights organizations and historical organizations;
1 member shall be an employee of the National Park Service having experience relating to the historical and cultural resources related to the commemoration, to be appointed by the Secretary;
2 members shall be appointed by the Secretary, after considering the recommendations of the Secretary of the Smithsonian Institution; and
3 members shall be individuals who have an interest in, support for, and expertise appropriate to the commemoration, to be appointed by the Secretary, after considering the recommendations of Members of Congress.
Time of appointment— Each appointment of an initial member of the Commission shall be made before the expiration of the 120-day period beginning on the date of enactment of this Act.
Term; vacancies—
Term— A member of the Commission shall be appointed for the life of the Commission.
Vacancies—
In general— A vacancy on the Commission shall be filled in the same manner in which the original appointment was made.
Partial term— A member appointed to fill a vacancy on the Commission shall serve for the remainder of the term for which the predecessor of the member was appointed.
Continuation of membership— If a member of the Commission was appointed to the Commission as an employee of the National Park Service, and ceases to be an employee of the National Park Service, that member may continue to serve on the Commission for not longer than the 30-day period beginning on the date on which that member ceases to be an employee of the National Park Service.
Duties— The Commission shall—
plan, develop, and carry out programs and activities throughout the United States—
appropriate for the commemoration;
to recognize and highlight the resilience and contributions of African-Americans since 1619;
to acknowledge the impact that slavery and laws that enforced racial discrimination had on the United States; and
to educate the public about—
the arrival of Africans in the United States; and
the contributions of African-Americans to the United States;
encourage civic, patriotic, historical, educational, artistic, religious, economic, and other organizations throughout the United States to organize and participate in anniversary activities to expand understanding and appreciation of—
the significance of the arrival of Africans in the United States; and
the contributions of African-Americans to the United States;
provide technical assistance to States, localities, and nonprofit organizations to further the commemoration;
coordinate and facilitate for the public scholarly research on, publication about, and interpretation of—
the arrival of Africans in the United States; and
the contributions of African-Americans to the United States;
ensure that the commemoration provides a lasting legacy and long-term public benefit by assisting in the development of appropriate programs; and
help ensure that the observances of the commemoration are inclusive and appropriately recognize the experiences and heritage of all individuals present at the arrival of Africans in the United States.
Commission meetings—
Initial meeting— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the initial meeting of the Commission.
Meetings— The Commission shall meet—
at least 3 times each year; or
at the call of the Chairperson or the majority of the members of the Commission.
Quorum— A majority of the voting members shall constitute a quorum, but a lesser number may hold meetings.
Chairperson and vice chairperson—
Election— The Commission shall elect the Chairperson and the Vice Chairperson of the Commission on an annual basis.
Absence of the chairperson— The Vice Chairperson shall serve as the Chairperson in the absence of the Chairperson.
Voting— The Commission shall act only on an affirmative vote of a majority of the members of the Commission.
Commission powers—
Gifts— The Commission may solicit, accept, use, and dispose of gifts, bequests, or devises of money or other property for aiding or facilitating the work of the Commission.
Appointment of advisory committees— The Commission may appoint such advisory committees as the Commission determines to be necessary to carry out this section.
Authorization of action— The Commission may authorize any member or employee of the Commission to take any action that the Commission is authorized to take under this section.
Procurement—
In general— The Commission may procure supplies, services, and property, and make or enter into contracts, leases, or other legal agreements, to carry out this section (except that a contract, lease, or other legal agreement made or entered into by the Commission shall not extend beyond the date of termination of the Commission).
Limitation— The Commission may not purchase real property.
Postal services— The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government.
Grants and technical assistance— The Commission may—
provide grants in amounts not to exceed $20,000 per grant to communities and nonprofit organizations for use in developing programs to assist in the commemoration;
provide grants to research and scholarly organizations to research, publish, or distribute information relating to the arrival of Africans in the United States; and
provide technical assistance to States, localities, and nonprofit organizations to further the commemoration.
Commission personnel matters—
Compensation of members—
In general— Except as provided in subparagraph (B), a member of the Commission shall serve without compensation.
Federal employees— A member of the Commission who is an officer or employee of the Federal Government shall serve without compensation other than the compensation received for the services of the member as an officer or employee of the Federal Government.
Travel expenses— A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission.
Director and staff—
In general— The Chairperson of the Commission may, without regard to the civil service laws (including regulations), nominate an executive director to enable the Commission to perform the duties of the Commission.
Confirmation of executive director— The employment of an executive director shall be subject to confirmation by the Commission.
Compensation—
In general— Except as provided in subparagraph (B), the Commission may fix the compensation of the executive director and other personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates.
Maximum rate of pay— The rate of pay for the executive director and other personnel shall not exceed the rate payable for level V of the Executive Schedule under section 5316 of title 5, United States Code.
Detail of government employees—
Federal employees—
Detail— At the request of the Commission, the head of any Federal agency may detail, on a reimbursable or nonreimbursable basis, any of the personnel of the agency to the Commission to assist the Commission in carrying out the duties of the Commission under this section.
Civil service status— The detail of an employee under clause (i) shall be without interruption or loss of civil service status or privilege.
State employees— The Commission may—
accept the services of personnel detailed from the State; and
reimburse the State for services of detailed personnel.
Procurement of temporary and intermittent services— The Chairperson of the Commission may procure temporary and intermittent services in accordance with section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title.
Volunteer and uncompensated services— Notwithstanding section 1342 of title 31, United States Code, the Commission may accept and use such voluntary and uncompensated services as the Commission determines to be necessary.
Support services—
In general— The Secretary shall provide to the Commission, on a reimbursable basis, such administrative support services as the Commission may request.
Reimbursement— Any reimbursement under this subparagraph shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed.
No effect on authority— Nothing in this subsection supersedes the authority of the National Park Service with respect to the commemoration.
Plans; reports—
Strategic plan— The Commission shall prepare a strategic plan for the activities of the Commission carried out under this section.
Final report— Not later than July 1, 2020, the Commission shall complete and submit to Congress a final report that contains—
a summary of the activities of the Commission;
a final accounting of funds received and expended by the Commission; and
the findings and recommendations of the Commission.
Authorization of appropriations—
In general— There are authorized to be appropriated to the Commission such sums as are necessary to carry out this section.
Availability— Amounts made available under paragraph (1) shall remain available until July 1, 2020.
Termination of Commission—
Date of termination— The Commission shall terminate on July 1, 2020.
Transfer of documents and materials— Before the date of termination specified in paragraph (1), the Commission shall transfer all documents and materials of the Commission to the National Archives or another appropriate Federal entity.
Sec. 7124 Modification of Voyageurs National Park boundary
Boundaries—
in the first sentence, by striking “the drawing entitled” and all that follows through “February 1969” and inserting “the map entitled “Voyageurs National Park, Proposed Land Transfer & Boundary Adjustment”, numbered 172/80,056, and dated June 2009 (22 sheets)”; and
in the second and third sentences, by striking “drawing” each place it appears and inserting “map”.
Technical corrections— Section 102(b)(2)(A) of Public Law 91–661 (16 U.S.C. 160a–1(b)(2)(A)) is amended—
by striking “paragraph (1)(C) and (D)” and inserting “subparagraphs (C) and (D) of paragraph (1)”; and
in the second proviso, by striking “paragraph 1(E)” and inserting “paragraph (1)(E)”.
by striking the section designation and heading and all that follows through “(a) The Secretary” and inserting the following:
“201. Land acquisitions
“(a) Authorization
“(1) In general—The Secretary”
in subsection (a)—
in the second sentence, by striking “When any tract of land is only partly within such boundaries” and inserting the following:
“(2) Certain portions of tracts
“(A) In general—In any case in which only a portion of a tract of land is within the boundaries of the park”
in the third sentence, by striking “Land so acquired” and inserting the following:
“(B) Exchange
“(i) In general—Any land acquired pursuant to subparagraph (A)”
in the fourth sentence, by striking “Any portion” and inserting the following:
“(ii) Portions not exchanged—Any portion”
in the fifth sentence, by striking “Any Federal property” and inserting the following:
“(C) Transfers of Federal property—Any Federal property”
by striking the last sentence and inserting the following:
“(D) Administrative jurisdiction—Effective beginning on the date of enactment of this subparagraph, there is transferred to the National Park Service administrative jurisdiction over—
“(i) any land managed by the Bureau of Land Management within the boundaries of the park, as depicted on the map described in section 102(a); and
“(ii) any additional public land identified by the Bureau of Land Management as appropriate for transfer within the boundaries of the park.
“(E) Land owned by State
“(i) Donations and exchanges—Any land located within or adjacent to the boundaries of the park that is owned by the State of Minnesota (or a political subdivision of the State) may be acquired by the Secretary only through donation or exchange.
“(ii) Revision—On completion of an acquisition from the State under clause (i), the Secretary shall revise the boundaries of the park to reflect the acquisition.”
in subsection (b), by striking “(b) In exercising his” and inserting the following:
“(b) Offers by individuals—In exercising the”
Sec. 7125 North Country National Scenic Trail route adjustment
Section 5(a)(8) of the National Trails System Act (16 U.S.C. 1244(a)(8)) is amended in the first sentence—
by striking “thirty two hundred miles, extending from eastern New York State” and inserting “4,600 miles, extending from the Appalachian Trail in Vermont”; and
by striking “Proposed North Country Trail” and all that follows through “June 1975.” and inserting ““North Country National Scenic Trail, Authorized Route” dated February 2014, and numbered 649/116870.”.
Sec. 7126 National emergency medical services commemorative work
In general— The National Emergency Medical Services Memorial Foundation (referred to in this section as the “Foundation”) may establish a commemorative work on Federal land in the District of Columbia and its environs to commemorate the commitment and service represented by Emergency Medical Services.
Compliance with Standards for Commemorative Works— The establishment of the commemorative work under this section shall be in accordance with chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”).
Payment of expenses—
Responsibility of National Emergency Medical Services Memorial Foundation— The Foundation shall be solely responsible for acceptance of contributions for, and payment of the expenses of, the establishment of the commemorative work under this section.
Use of Federal funds prohibited— Federal funds may not be used to pay any expense of the establishment of the commemorative work under this section.
Deposit of excess funds—
In general— If on payment of all expenses for the establishment of the commemorative work (including the maintenance and preservation amount required by section 8906(b)(1) of title 40, United States Code), there remains a balance of funds received for the establishment of the commemorative work under this section, the Foundation shall transmit the amount of the balance to the Secretary for deposit in the account provided for in section 8906(b)(3) of title 40, United States Code.
On expiration of authority— If on expiration of the authority for the commemorative work under section 8903(e) of title 40, United States Code, there remains a balance of funds received for the establishment of the commemorative work under this section, the Foundation shall transmit the amount of the balance to a separate account with the National Park Foundation for memorials, to be available to the Secretary or Administrator of General Services, as appropriate, in accordance with the process provided in section 8906(b)(4) of title 40, United States Code, for accounts established under paragraph (2) or (3) of section 8906(b) of title 40, United States Code.
Sec. 7127 National heritage area designations
In general— The following areas are designated as national heritage areas, to be administered in accordance with this section:
Appalachian forest national heritage area, west virginia and maryland—
In general— There is established the Appalachian Forest National Heritage Area in the States of West Virginia and Maryland, as depicted on the map entitled “Appalachian Forest National Heritage Area”, numbered T07/80,000, and dated October 2007, including—
Barbour, Braxton, Grant, Greenbrier, Hampshire, Hardy, Mineral, Morgan, Nicholas, Pendleton, Pocahontas, Preston, Randolph, Tucker, Upshur, and Webster Counties in West Virginia; and
Allegany and Garrett Counties in Maryland.
Local coordinating entity— The Appalachian Forest Heritage Area, Inc., shall be—
the local coordinating entity for the national heritage area designated by subparagraph (A) (referred to in this subparagraph as the “local coordinating entity”); and
governed by a board of directors that shall—
include members to represent a geographic balance across the counties described in subparagraph (A) and the States of West Virginia and Maryland;
be composed of not fewer than 7, and not more than 15, members elected by the membership of the local coordinating entity;
be selected to represent a balanced group of diverse interests, including—
the forest industry;
environmental interests;
cultural heritage interests;
tourism interests; and
regional agency partners;
exercise all corporate powers of the local coordinating entity;
manage the activities and affairs of the local coordinating entity; and
subject to any limitations in the articles and bylaws of the local coordinating entity, this section, and other applicable Federal or State law, establish the policies of the local coordinating entity.
Maritime Washington National Heritage Area, Washington—
In general— There is established the Maritime Washington National Heritage Area in the State of Washington, to include land in Whatcom, Skagit, Snohomish, San Juan, Island, King, Pierce, Thurston, Mason, Kitsap, Jefferson, Clallam, Grays Harbor Counties in the State that is at least partially located within the area that is 1/4–mile landward of the shoreline, as generally depicted on the map entitled “Maritime Washington National Heritage Area Proposed Boundary”, numbered 584/125,484, and dated August, 2014.
Local coordinating entity— The Washington Trust for Historic Preservation shall be the local coordinating entity for the national heritage area designated by subparagraph (A).
Mountains to Sound Greenway National Heritage Area, Washington—
In general— There is established the Mountains to Sound Greenway National Heritage Area in the State of Washington, to consist of land in King and Kittitas Counties in the State, as generally depicted on the map entitled “Mountains to Sound Greenway National Heritage Area Proposed Boundary”, numbered 584/125,483, and dated August, 2014.
Local coordinating entity— The Mountains to Sound Greenway Trust shall be the local coordinating entity for the national heritage area designated by subparagraph (A).
References to indian tribe; tribal— Any reference in this section to the terms “Indian tribe” or “tribal” shall be considered, for purposes of the national heritage area designated by subparagraph (A), to refer to each of the tribal governments of the Snoqualmie, Yakama, Tulalip, Muckleshoot, and Colville Indian tribes.
Management requirements— With respect to the national heritage area designated by subparagraph (A):
The preparation of an interpretive plan under subsection (c)(2)(C)(vii) shall also include plans for tribal heritage.
The Secretary shall ensure that the management plan developed under subsection (c) is consistent with the trust responsibilities of the Secretary to Indian tribes and tribal treaty rights within the national heritage area.
The interpretive plan and management plan for the national heritage area shall be developed in consultation with the Indian tribes referenced in subparagraph (C).
Nothing in this section shall grant or diminish any hunting, fishing, or gathering treaty right of any Indian tribe.
Nothing in this section affects the authority of a State or an Indian tribe to manage fish and wildlife, including the regulation of hunting and fishing within the national heritage area.
Sacramento-San Joaquin Delta National Heritage Area, California—
In general— There is established the Sacramento-San Joaquin Delta National Heritage Area in the State of California, to consist of land in Contra Costa, Sacramento, San Joaquin, Solano, and Yolo Counties in the State, as generally depicted on the map entitled “Sacramento-San Joaquin Delta National Heritage Area Proposed Boundary”, numbered T27/105,030, and dated October 2012.
Local coordinating entity— The Delta Protection Commission established by section 29735 of the California Public Resources Code shall be the local coordinating entity for the national heritage area designated by subparagraph (A).
Susquehanna National Heritage Area, Pennsylvania—
In general— There is established the Susquehanna National Heritage Area in Lancaster and York Counties, Pennsylvania.
Local coordinating entity— The Susquehanna Heritage Corporation, a nonprofit organization established under the laws of the State of Pennsylvania, shall be the local coordinating entity for the national heritage area designated by subparagraph (A).
Administration—
Authorities— For purposes of carrying out the management plan for each of the national heritage areas designated by subsection (a), the Secretary, acting through the local coordinating entity, may use amounts made available under subsection (g)—
to make grants to the State or a political subdivision of the State, Indian tribes, nonprofit organizations, and other persons;
to enter into cooperative agreements with, or provide technical assistance to, the State or a political subdivision of the State, Indian tribes, nonprofit organizations, and other interested parties;
to hire and compensate staff, which shall include individuals with expertise in natural, cultural, and historical resources protection, and heritage programming;
to obtain money or services from any source including any money or services that are provided under any other Federal law or program;
to contract for goods or services; and
to undertake to be a catalyst for any other activity that furthers the national heritage area and is consistent with the approved management plan.
Duties— The local coordinating entity for each of the national heritage areas designated by subsection (a) shall—
in accordance with subsection (c), prepare and submit a management plan for the national heritage area to the Secretary;
assist Federal agencies, the State or a political subdivision of the State, Indian tribes, regional planning organizations, nonprofit organizations and other interested parties in carrying out the approved management plan by—
carrying out programs and projects that recognize, protect, and enhance important resource values in the national heritage area;
establishing and maintaining interpretive exhibits and programs in the national heritage area;
developing recreational and educational opportunities in the national heritage area;
increasing public awareness of, and appreciation for, natural, historical, scenic, and cultural resources of the national heritage area;
protecting and restoring historic sites and buildings in the national heritage area that are consistent with national heritage area themes;
ensuring that clear, consistent, and appropriate signs identifying points of public access and sites of interest are posted throughout the national heritage area; and
promoting a wide range of partnerships among the Federal Government, State, tribal, and local governments, organizations, and individuals to further the national heritage area;
consider the interests of diverse units of government, businesses, organizations, and individuals in the national heritage area in the preparation and implementation of the management plan;
conduct meetings open to the public at least semiannually regarding the development and implementation of the management plan;
for any year that Federal funds have been received under this subsection—
submit to the Secretary an annual report that describes the activities, expenses, and income of the local coordinating entity (including grants to any other entities during the year that the report is made);
make available to the Secretary for audit all records relating to the expenditure of the funds and any matching funds; and
require, with respect to all agreements authorizing expenditure of Federal funds by other organizations, that the organizations receiving the funds make available to the Secretary for audit all records concerning the expenditure of the funds; and
encourage by appropriate means economic viability that is consistent with the national heritage area.
Prohibition on the acquisition of real property— The local coordinating entity shall not use Federal funds made available under subsection (g) to acquire real property or any interest in real property.
Management plan—
In general— Not later than 3 years after the date of enactment of this Act, the local coordinating entity for each of the national heritage areas designated by subsection (a) shall submit to the Secretary for approval a proposed management plan for the national heritage area.
Requirements— The management plan shall—
incorporate an integrated and cooperative approach for the protection, enhancement, and interpretation of the natural, cultural, historic, scenic, and recreational resources of the national heritage area;
take into consideration Federal, State, local, and tribal plans and treaty rights;
include—
an inventory of—
the resources located in the national heritage area; and
any other property in the national heritage area that—
is related to the themes of the national heritage area; and
should be preserved, restored, managed, or maintained because of the significance of the property;
comprehensive policies, strategies and recommendations for conservation, funding, management, and development of the national heritage area;
a description of actions that the Federal Government, State, tribal, and local governments, private organizations, and individuals have agreed to take to protect the natural, historical, cultural, scenic, and recreational resources of the national heritage area;
a program of implementation for the management plan by the local coordinating entity that includes a description of—
actions to facilitate ongoing collaboration among partners to promote plans for resource protection, restoration, and construction; and
specific commitments for implementation that have been made by the local coordinating entity or any government, organization, or individual for the first 5 years of operation;
the identification of sources of funding for carrying out the management plan;
analysis and recommendations for means by which Federal, State, local, and tribal programs, including the role of the National Park Service in the national heritage area, may best be coordinated to carry out this subsection; and
an interpretive plan for the national heritage area; and
recommend policies and strategies for resource management that consider and detail the application of appropriate land and water management techniques, including the development of intergovernmental and interagency cooperative agreements to protect the natural, historical, cultural, educational, scenic, and recreational resources of the national heritage area.
Deadline— If a proposed management plan is not submitted to the Secretary by the date that is 3 years after the date of enactment of this Act, the local coordinating entity shall be ineligible to receive additional funding under this section until the date on which the Secretary receives and approves the management plan.
Approval or disapproval of management plan—
In general— Not later than 180 days after the date of receipt of the management plan under paragraph (1), the Secretary, in consultation with State and tribal governments, shall approve or disapprove the management plan.
Criteria for approval— In determining whether to approve the management plan, the Secretary shall consider whether—
the local coordinating entity is representative of the diverse interests of the national heritage area, including Federal, State, tribal, and local governments, natural and historic resource protection organizations, educational institutions, businesses, and recreational organizations;
the local coordinating entity has afforded adequate opportunity, including public hearings, for public and governmental involvement in the preparation of the management plan; and
the resource protection and interpretation strategies contained in the management plan, if implemented, would adequately protect the natural, historical, and cultural resources of the national heritage area.
Action following disapproval— If the Secretary disapproves the management plan under subparagraph (A), the Secretary shall—
advise the local coordinating entity in writing of the reasons for the disapproval;
make recommendations for revisions to the management plan; and
not later than 180 days after the receipt of any proposed revision of the management plan from the local coordinating entity, approve or disapprove the proposed revision.
Amendments—
In general— The Secretary shall approve or disapprove each amendment to the management plan that the Secretary determines make a substantial change to the management plan.
Use of funds— The local coordinating entity shall not use Federal funds authorized by this subsection to carry out any amendments to the management plan until the Secretary has approved the amendments.
Relationship to other federal agencies—
In general— Nothing in this section affects the authority of a Federal agency to provide technical or financial assistance under any other law.
Consultation and coordination— The head of any Federal agency planning to conduct activities that may have an impact on a national heritage area designated by subsection (a) is encouraged to consult and coordinate the activities with the Secretary and the local coordinating entity to the maximum extent practicable.
Other federal agencies— Nothing in this section—
modifies, alters, or amends any law or regulation authorizing a Federal agency to manage Federal land under the jurisdiction of the Federal agency;
limits the discretion of a Federal land manager to implement an approved land use plan within the boundaries of a national heritage area designated by subsection (a); or
modifies, alters, or amends any authorized use of Federal land under the jurisdiction of a Federal agency.
Private property and regulatory protections— Nothing in this section—
abridges the rights of any property owner (whether public or private), including the right to refrain from participating in any plan, project, program, or activity conducted within a national heritage area designated by subsection (a);
requires any property owner—
to permit public access (including access by Federal, State, or local agencies) to the property of the property owner; or
to modify public access or use of property of the property owner under any other Federal, State, or local law;
alters any duly adopted land use regulation, approved land use plan, or other regulatory authority of any Federal, State, tribal, or local agency,
conveys any land use or other regulatory authority to the local coordinating entity;
authorizes or implies the reservation or appropriation of water or water rights;
enlarges or diminishes the treaty rights of any Indian tribe within the national heritage area;
diminishes—
the authority of the State to manage fish and wildlife, including the regulation of fishing and hunting within a national heritage area designated by subsection (a); or
the authority of Indian tribes to regulate members of Indian tribes with respect to fishing, hunting, and gathering in the exercise of treaty rights; or
creates any liability, or affects any liability under any other law, of any private property owner with respect to any person injured on the private property.
Evaluation and report—
In general— For each of the national heritage areas designated by subsection (a), not later than 3 years before the date on which authority for Federal funding terminates for each national heritage area, the Secretary shall—
conduct an evaluation of the accomplishments of the national heritage area; and
prepare a report in accordance with paragraph (3).
Evaluation— An evaluation conducted under paragraph (1)(A) shall—
assess the progress of the local management entity with respect to—
accomplishing the purposes of the authorizing legislation for the national heritage area; and
achieving the goals and objectives of the approved management plan for the national heritage area;
analyze the investments of the Federal Government, State, tribal, and local governments, and private entities in each national heritage area to determine the impact of the investments; and
review the management structure, partnership relationships, and funding of the national heritage area for purposes of identifying the critical components for sustainability of the national heritage area.
Report— Based on the evaluation conducted under paragraph (1)(A), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the future role of the National Park Service, if any, with respect to the national heritage area.
Authorization of appropriations—
In general— There is authorized to be appropriated for each national heritage area designated by subsection (a) to carry out the purposes of this section $10,000,000, of which not more than $1,000,000 may be made available in any fiscal year.
Availability— Amounts made available under paragraph (1) shall remain available until expended.
Cost-sharing requirement—
In general— The Federal share of the total cost of any activity under this section shall be not more than 50 percent.
Form— The non-Federal contribution of the total cost of any activity under this section may be in the form of in-kind contributions of goods or services fairly valued.
Termination of authority— The authority of the Secretary to provide assistance under this section terminates on the date that is 15 years after the date of enactment of this Act.
Sec. 7128 Adjustment of boundaries of Lincoln National Heritage Area
Boundary adjustment— Section 443(b)(1) of the Consolidated Natural Resources Act of 2008 (Public Law 110–229; 122 Stat. 819) is amended—
by inserting “, Livingston,” after “LaSalle”; and
by inserting “, the city of Jonesboro in Union County, and the city of Freeport in Stephenson County” after “Woodford counties”.
Map— The Secretary shall update the map referred to in section 443(b)(2) of the Consolidated Natural Resources Act of 2008 to reflect the boundary adjustment made by the amendments in subsection (a) of this section.
Sec. 7129 Finger lakes national heritage area study
Definitions— In this section:
Heritage Area— The term Heritage Area means the Finger Lakes National Heritage Area.
State— The term State means the State of New York.
Study area— The term study area means—
the counties in the State of Cayuga, Chemung, Cortland, Livingston, Monroe, Onondaga, Ontario, Schuyler, Seneca, Steuben, Tioga, Tompkins, Wayne, and Yates; and
any other areas in the State that—
have heritage aspects that are similar to the areas described in subparagraph (A); and
are adjacent to, or in the vicinity of, those areas.
Study—
In general— The Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies, shall conduct a study to assess the suitability and feasibility of designating the study area as a National Heritage Area, to be known as the “Finger Lakes National Heritage Area”.
Requirements— The study shall include analysis, documentation, and determinations on whether the study area—
has an assemblage of natural, historic, and cultural resources that—
represent distinctive aspects of the heritage of the United States;
are worthy of recognition, conservation, interpretation, and continuing use; and
would be best managed—
through partnerships among public and private entities; and
by linking diverse and sometimes noncontiguous resources and active communities;
reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States;
provides outstanding opportunities—
to conserve natural, historic, cultural, or scenic features; and
for recreation and education;
contains resources that—
are important to any identified themes of the study area; and
retain a degree of integrity capable of supporting interpretation;
includes residents, business interests, nonprofit organizations, and State and local governments that—
are involved in the planning of the Heritage Area;
have developed a conceptual financial plan that outlines the roles of all participants in the Heritage Area, including the Federal Government; and
have demonstrated support for the designation of the Heritage Area;
has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the Heritage Area while encouraging State and local economic activity; and
has a conceptual boundary map that is supported by the public.
Report— Not later than 3 years after the date on which funds are first made available to carry out this section, the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report that describes—
the findings of the study under subsection (b); and
any conclusions and recommendations of the Secretary.
Sec. 7130 Modification of the Second Division Memorial
Authorization— The Second Indianhead Division Association, Inc., Scholarship and Memorials Foundation, an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code, may place additional commemorative elements or engravings on the raised platform or stone work of the existing Second Division Memorial located in President's Park, between 17th Street Northwest and Constitution Avenue in the District of Columbia, to further honor the members of the Second Infantry Division who have given their lives in service to the United States.
Application of Commemorative Works Act— Chapter 89 of title 40, United States Code (commonly known as the “Commemorative Works Act”), shall apply to the design and placement of the commemorative elements or engravings authorized under subsection (a).
Funding— Federal funds may not be used for modifications of the Second Division Memorial authorized under subsection (a).
Sec. 7131 Florissant Fossil Beds National Monument boundary adjustment
The first section of Public Law 91–60 (83 Stat. 101) is amended—
by striking “entitled “Proposed Florissant Fossil Beds National Monument”, numbered NM–FFB–7100, and dated March 1967, and more particularly described by metes and bounds in an attachment to that map,” and inserting “entitled “Florissant Fossil Beds National Monument Proposed Boundary Adjustment”, numbered 171/132,544, and dated May 3, 2016,”; and
by striking “six thousand acres” and inserting “6,300 acres”.
Sec. 7132 Fort Scott National Historic Site boundary modification
in the first section—
by inserting “, by purchase with appropriated funds, or by exchange” after “donation”; and
by striking the colon and all that follows through “as “Lunette Blair””; and
in section 2—
by striking “Sec. 2. When” and inserting the following:
“2. Establishment
“(a) In general—When”
by adding at the end the following:
“(b) Boundary modification—The boundary of the Fort Scott National Historic Site established under subsection (a) is modified as generally depicted on the map referred to as “Fort Scott National Historic Site Proposed Boundary Modification”, numbered 471/80,057, and dated February 2016.”
Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out the amendments made by subsection (a).
Sec. 7133 Gulf Islands National Seashore land exchange
Definitions— In this section:
Federal land— The term “Federal land” means the parcel of approximately 1.542 acres of land that is located within the Gulf Islands National Seashore in Jackson County, Mississippi, and identified as “NPS Exchange Area” on the Map.
Map— The term “Map” means the map entitled ‘‘Gulf Islands National Seashore, Proposed Land Exchange with VFW, Davis Bayou Area—Jackson County, MS’’, numbered 635/133309, and dated June 2016.
Non-Federal land— The term “non-Federal land” means the parcel of approximately 2.161 acres of land that is located in Jackson County, Mississippi, and identified as “VFW Exchange Area” on the Map.
Post— The term “Post” means the Veterans of Foreign Wars Post 5699.
Secretary— The term “Secretary” means the Secretary, acting through the Director of the National Park Service.
Authorization— The Secretary may convey to the Post all right, title, and interest of the United States in and to the Federal land in exchange for the conveyance by the Post to the Secretary of all right, title, and interest of the Post in and to the non-Federal land.
Equal value exchange—
In general— The values of the Federal land and non-Federal land to be exchanged under this section shall be equal, as determined by an appraisal conducted—
by a qualified and independent appraiser; and
in accordance with nationally recognized appraisal standards.
Equalization— If the values of the Federal land and non-Federal land to be exchanged under this section are not equal, the values shall be equalized through—
a cash payment; or
adjustments to the acreage of the Federal land or non-Federal land to be exchanged, as applicable.
Payment of costs of conveyance—
Payment required— As a condition of the exchange authorized under this section, the Secretary shall require the Post to pay the costs to be incurred by the Secretary, or to reimburse the Secretary for the costs incurred by the Secretary, to carry out the exchange, including—
survey costs;
any costs relating to environmental documentation; and
any other administrative costs relating to the land exchange.
Refund— If the Secretary collects amounts from the Post under paragraph (1) before the Secretary incurs the actual costs and the amount collected by the Secretary exceeds the costs actually incurred by the Secretary to carry out the land exchange under this section, the Secretary shall provide to the Post a refund of the excess amount paid by the Post.
Treatment of certain amounts received— Amounts received by the Secretary from the Post as reimbursement for costs incurred under paragraph (1) shall be—
credited to the fund or account from which amounts were used to pay the costs incurred by the Secretary in carrying out the land exchange;
merged with amounts in the fund or account to which the amounts were credited under subparagraph (A); and
available for the same purposes as, and subject to the same conditions and limitations applicable to, amounts in the fund or account to which the amounts were credited under subparagraph (A).
Description of Federal land and non-Federal land— The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under this section shall be determined by surveys that are determined to be satisfactory by the Secretary and the Post.
Conveyance agreement— The exchange of Federal land and non-Federal land under this section shall be—
carried out through a quitclaim deed or other legal instrument; and
subject to such terms and conditions as are mutually satisfactory to the Secretary and the Post, including such additional terms and conditions as the Secretary considers to be appropriate to protect the interests of the United States.
Valid existing rights— The exchange of Federal land and non-Federal land authorized under this section shall be subject to valid existing rights.
Title approval— Title to the Federal land and non-Federal land to be exchanged under this section shall be in a form acceptable to the Secretary.
Treatment of acquired land— Any non-Federal land and interests in non-Federal land acquired by the United States under this section shall be administered by the Secretary as part of the Gulf Islands National Seashore.
Modification of boundary— On completion of the exchange of Federal land and non-Federal land under this section, the Secretary shall modify the boundary of the Gulf Islands National Seashore to reflect the exchange of Federal land and non-Federal land.
Sec. 7134 Ste. Genevieve National Historical Park
Definitions— In this section:
Historic district— The term Historic District means the Ste. Genevieve Historic District National Historic Landmark, as generally depicted on the Map.
Historical Park— The term Historical Park means the Ste. Genevieve National Historical Park established by subsection (b).
Map— The term Map means the map entitled “Ste. Genevieve National Historical Park Proposed Boundary”, numbered 571/132,626, and dated May 2016.
Special resource study— The term special resource study means the study entitled “Ste. Genevieve Final Special Resources Study and Environmental Assessment, Missouri” and dated May 2016.
State— The term “State” means the State of Missouri.
Establishment—
In general— Subject to paragraph (2), there is established the Ste. Genevieve National Historical Park in the State as a unit of the National Park System to preserve, protect, and interpret for the benefit of present and future generations the themes of French settlement, vernacular architecture, and community form and farming on the frontier associated with Ste. Genevieve.
Conditions for establishment— The Historical Park shall not be established until the date on which the Secretary determines that—
sufficient land has been acquired for the Historical Park to constitute a manageable unit; and
the Secretary has entered into a written agreement providing that land owned by the State, the City of Ste. Genevieve, or other entity within the Historic District shall be managed consistent with the purposes of this section.
Boundaries— The boundaries of the Historical Park shall be the boundaries generally depicted on the Map.
Availability of map— The Map shall be on file and available for public inspection in the appropriate offices of the National Park Service.
Acquisition authority—
In general— The Secretary may acquire any land or interest in land located within the boundary of the Historical Park or any nationally significant property identified in the special resource study within the Historic District by—
donation;
purchase with donated or appropriated funds; or
exchange.
Boundary revision— On the acquisition of any property within the Historic District under paragraph (1), the Secretary shall revise the boundary of the Historical Park to include the property.
Administration—
In general— The Secretary shall administer the Historical Park in accordance with—
this section; and
the laws generally applicable to units of the National Park System, including—
section 100101(a), chapter 1003, and sections 100751(a), 100752, 100753, and 102101 of title 54, United States Code; and
chapter 3201 of title 54, United States Code.
Management plan—
In general— Not later than 3 years after the date on which funds are made available to prepare a general management plan for the Historical Park, the Secretary shall prepare the general management plan in accordance with section 100502 of title 54, United States Code.
Submission to Congress— On completion of the general management plan under subparagraph (A), the Secretary shall submit to the Committee on Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate the general management plan.
Related sites— The Secretary may provide interpretative tours and educational programs at related historic and cultural sites within the Historic District associated with the purposes for which the Historical Park is established.
Cooperative agreements—
In general— The Secretary may provide technical assistance and enter into cooperative agreements with the owner of a nationally significant property within the Historical Park or the Historic District, to identify, mark, interpret, improve, and restore the property.
Right of access— A cooperative agreement entered into under paragraph (1) shall provide that the Secretary, acting through the Director of the National Park Service, shall have the right of access at all reasonable times to all public portions of the property covered by the agreement for the purposes of—
conducting visitors through the property; and
interpreting the property for the public.
Cost-sharing requirement—
Federal share— The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under this subsection shall be not more than 50 percent.
Form of non-federal share— The non-Federal share of an activity carried out under a cooperative agreement entered into under this subsection may be in the form of donated property, goods, or services fairly valued.
Changes or alterations— No changes or alterations shall be made to any property or project covered by a cooperative agreement entered into under paragraph (1) unless the Secretary and the other party to the agreement agree to the changes or alterations.
Conversion, use, or disposal— Any payment by the Secretary under this subsection shall be subject to an agreement that the conversion, use, or disposal of a property or project for purposes contrary to the purposes of this section, as determined by the Secretary, shall entitle the United States to reimbursement in any amount equal to the greater of—
the amounts made available to the property or project by the United States; or
the portion of the increased value of the property or project attributable to the amounts made available under this subsection, as determined at the time of the conversion, use, or disposal.
Limited role of the Secretary— Nothing in this section authorizes the Secretary to assume overall financial responsibility for the operation, maintenance, or management of the Historic District.
Sec. 7135 Bows in parks
In general— Chapter 1049 of title 54, United States Code (as amended by section 5101(a)), is amended by adding at the end the following:
“104909. Bows in parks
“(a) Definition of not ready for immediate use—The term not ready for immediate use means—
“(1) a bow or crossbow, the arrows of which are secured or stowed in a quiver or other arrow transport case; and
“(2) with respect to a crossbow, uncocked.
“(b) Vehicular transportation authorized—The Director shall not promulgate or enforce any regulation that prohibits an individual from transporting bows and crossbows that are not ready for immediate use across any System unit in the vehicle of the individual if—
“(1) the individual is not otherwise prohibited by law from possessing the bows and crossbows;
“(2) the bows or crossbows that are not ready for immediate use remain inside the vehicle of the individual throughout the period during which the bows or crossbows are transported across System land; and
“(3) the possession of the bows and crossbows is in compliance with the law of the State in which the System unit is located.”
Clerical amendment— The table of sections for chapter 1049 of title 54, United States Code (as amended by section 5101(b)), is amended by inserting after the item relating to section 104908 the following:
Sec. 7136 Wildlife management in parks
In general— Chapter 1049 of title 54, United States Code (as amended by section 7135(a)), is amended by adding at the end the following:
“104910. Wildlife management in parks
“(a) Use of qualified volunteers—If the Secretary determines it is necessary to reduce the size of a wildlife population on System land in accordance with applicable law (including regulations), the Secretary may use qualified volunteers to assist in carrying out wildlife management on System land.
“(b) Requirements for qualified volunteers—Qualified volunteers providing assistance under subsection (a) shall be subject to—
“(1) any training requirements or qualifications established by the Secretary; and
“(2) any other terms and conditions that the Secretary may require.
“(c) Donations—The Secretary may authorize the donation and distribution of meat from wildlife management activities carried out under this section, including the donation and distribution to Indian tribes, qualified volunteers, food banks, and other organizations that work to address hunger, in accordance with applicable health guidelines and such terms and conditions as the Secretary may require.”
Clerical amendment— The table of sections for chapter 1049 of title 54 (as amended by section 7135(b)), United States Code, is amended by inserting after the item relating to section 104909 the following:
VIII Sportsmen's access and related matters
A National policy
Sec. 8001 Congressional declaration of national policy
In general— Congress declares that it is the policy of the United States that Federal departments and agencies, in accordance with the missions of the departments and agencies, Executive Orders 12962 and 13443 (60 Fed. Reg. 30769 (June 7, 1995); 72 Fed. Reg. 46537 (August 16, 2007)), and applicable law, shall—
facilitate the expansion and enhancement of hunting, fishing, and recreational shooting opportunities on Federal land, in consultation with the Wildlife and Hunting Heritage Conservation Council, the Sport Fishing and Boating Partnership Council, State and tribal fish and wildlife agencies, and the public;
conserve and enhance aquatic systems and the management of game species and the habitat of those species on Federal land, including through hunting and fishing, in a manner that respects—
State management authority over wildlife resources; and
private property rights; and
consider hunting, fishing, and recreational shooting opportunities as part of all Federal plans for land, resource, and travel management.
Exclusion— In this title, the term fishing does not include commercial fishing in which fish are harvested, either in whole or in part, that are intended to enter commerce through sale.
B Sportsmen’s access to Federal land
Sec. 8101 Definitions
In this subtitle:
Federal land— The term Federal land means—
any land in the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a))) that is administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary, acting through the Director of the Bureau of Land Management.
Secretary concerned— The term Secretary concerned means—
the Secretary of Agriculture, with respect to land described in paragraph (1)(A); and
the Secretary, with respect to land described in paragraph (1)(B).
Sec. 8102 Federal land open to hunting, fishing, and recreational shooting
In general— Subject to subsection (b), Federal land shall be open to hunting, fishing, and recreational shooting, in accordance with applicable law, unless the Secretary concerned closes an area in accordance with section 8103.
Effect of part— Nothing in this subtitle opens to hunting, fishing, or recreational shooting any land that is not open to those activities as of the date of enactment of this Act.
Sec. 8103 Closure of Federal land to hunting, fishing, and recreational shooting
Authorization—
In general— Subject to paragraph (2) and in accordance with section 302(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732(b)), the Secretary concerned may designate any area on Federal land in which, and establish any period during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or recreational shooting shall be permitted.
Requirement— In making a designation under paragraph (1), the Secretary concerned shall designate the smallest area for the least amount of time that is required for public safety, administration, or compliance with applicable laws.
Closure procedures—
In general— Except in an emergency, before permanently or temporarily closing any Federal land to hunting, fishing, or recreational shooting, the Secretary concerned shall—
consult with State fish and wildlife agencies; and
provide public notice and opportunity for comment under paragraph (2).
Public notice and comment—
In general— Public notice and comment shall include—
a notice of intent—
published in advance of the public comment period for the closure—
in the Federal Register;
on the website of the applicable Federal agency;
on the website of the Federal land unit, if available; and
in at least 1 local newspaper;
made available in advance of the public comment period to local offices, chapters, and affiliate organizations in the vicinity of the closure that are signatories to the memorandum of understanding entitled “Federal Lands Hunting, Fishing, and Shooting Sports Roundtable Memorandum of Understanding”; and
that describes—
the proposed closure; and
the justification for the proposed closure, including an explanation of the reasons and necessity for the decision to close the area to hunting, fishing, or recreational shooting; and
an opportunity for public comment for a period of—
not less than 60 days for a permanent closure; or
not less than 30 days for a temporary closure.
Final decision— In a final decision to permanently or temporarily close an area to hunting, fishing, or recreation shooting, the Secretary concerned shall—
respond in a reasoned manner to the comments received;
explain how the Secretary concerned resolved any significant issues raised by the comments; and
show how the resolution led to the closure.
Temporary closures—
In general— A temporary closure under this section may not exceed a period of 180 days.
Renewal— Except in an emergency, a temporary closure for the same area of land closed to the same activities—
may not be renewed more than 3 times after the first temporary closure; and
must be subject to a separate notice and comment procedure in accordance with subsection (b)(2).
Effect of temporary closure— Any Federal land that is temporarily closed to hunting, fishing, or recreational shooting under this section shall not become permanently closed to that activity without a separate public notice and opportunity to comment in accordance with subsection (b)(2).
Reporting— On an annual basis, the Secretaries concerned shall—
publish on a public website a list of all areas of Federal land temporarily or permanently subject to a closure under this section; and
submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives a report that identifies—
a list of each area of Federal land temporarily or permanently subject to a closure;
the acreage of each closure; and
a survey of—
the aggregate areas and acreage closed under this section in each State; and
the percentage of Federal land in each State closed under this section with respect to hunting, fishing, and recreational shooting.
Application— This section shall not apply if the closure is—
less than 14 days in duration; and
covered by a special use permit.
Sec. 8104 Shooting ranges
In general— Except as provided in subsection (b), the Secretary concerned may, in accordance with this section and other applicable law, lease or permit the use of Federal land for a shooting range.
Exception— The Secretary concerned shall not lease or permit the use of Federal land for a shooting range, within—
a component of the National Landscape Conservation System;
a component of the National Wilderness Preservation System;
any area that is—
designated as a wilderness study area;
administratively classified as—
wilderness-eligible; or
wilderness-suitable; or
a primitive or semiprimitive area;
a national monument, national volcanic monument, or national scenic area; or
a component of the National Wild and Scenic Rivers System (including areas designated for study for potential addition to the National Wild and Scenic Rivers System).
Sec. 8105 Federal action transparency
Modification of equal access to justice provisions—
in subsection (c)(1), by striking “, United States Code”;
by redesignating subsection (f) as subsection (i); and
by striking subsection (e) and inserting the following:
“(e)
“(1) Not later than March 31 of the first fiscal year beginning after the date of enactment of the Energy and Natural Resources Act of 2017, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States, after consultation with the Chief Counsel for Advocacy of the Small Business Administration, shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year under this section.
“(2) Each report under paragraph (1) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.
“(3)
“(A) Each report under paragraph (1) shall account for all payments of fees and other expenses awarded under this section that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.
“(B) The disclosure of fees and other expenses required under subparagraph (A) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.
“(f) As soon as practicable, and in any event not later than the date on which the first report under subsection (e)(1) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this section made on or after the date of enactment of the Energy and Natural Resources Act of 2017, the following information:
“(1) The case name and number of the adversary adjudication, if available, hyperlinked to the case, if available.
“(2) The name of the agency involved in the adversary adjudication.
“(3) A description of the claims in the adversary adjudication.
“(4) The name of each party to whom the award was made as such party is identified in the order or other court document making the award.
“(5) The amount of the award.
“(6) The basis for the finding that the position of the agency concerned was not substantially justified.
“(g) The online searchable database described in subsection (f) may not reveal any information the disclosure of which is prohibited by law or a court order.
“(h) The head of each agency shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of subsections (e), (f), and (g).”
Court cases— Section 2412(d) of title 28, United States Code, is amended by adding at the end the following:
“(5)
“(A) Not later than March 31 of the first fiscal year beginning after the date of enactment of the Energy and Natural Resources Act of 2017, and every fiscal year thereafter, the Chairman of the Administrative Conference of the United States shall submit to Congress and make publicly available online a report on the amount of fees and other expenses awarded during the preceding fiscal year pursuant to this subsection.
“(B) Each report under subparagraph (A) shall describe the number, nature, and amount of the awards, the claims involved in the controversy, and any other relevant information that may aid Congress in evaluating the scope and impact of such awards.
“(C)
“(i) Each report under subparagraph (A) shall account for all payments of fees and other expenses awarded under this subsection that are made pursuant to a settlement agreement, regardless of whether the settlement agreement is sealed or otherwise subject to a nondisclosure provision.
“(ii) The disclosure of fees and other expenses required under clause (i) shall not affect any other information that is subject to a nondisclosure provision in a settlement agreement.
“(D) The Chairman of the Administrative Conference of the United States shall include and clearly identify in each annual report under subparagraph (A), for each case in which an award of fees and other expenses is included in the report—
“(i) any amounts paid under section 1304 of title 31 for a judgment in the case;
“(ii) the amount of the award of fees and other expenses; and
“(iii) the statute under which the plaintiff filed suit.
“(6) As soon as practicable, and in any event not later than the date on which the first report under paragraph (5)(A) is required to be submitted, the Chairman of the Administrative Conference of the United States shall create and maintain online a searchable database containing, with respect to each award of fees and other expenses under this subsection made on or after the date of enactment of the Energy and Natural Resources Act of 2017, the following information:
“(A) The case name and number, hyperlinked to the case, if available.
“(B) The name of the agency involved in the case.
“(C) The name of each party to whom the award was made as such party is identified in the order or other court document making the award.
“(D) A description of the claims in the case.
“(E) The amount of the award.
“(F) The basis for the finding that the position of the agency concerned was not substantially justified.
“(7) The online searchable database described in paragraph (6) may not reveal any information the disclosure of which is prohibited by law or a court order.
“(8) The head of each agency (including the Attorney General of the United States) shall provide to the Chairman of the Administrative Conference of the United States in a timely manner all information requested by the Chairman to comply with the requirements of paragraphs (5), (6), and (7).”
in subsection (d)(3), by striking “United States Code,”; and
in subsection (e)—
by striking “of section 2412 of title 28, United States Code,” and inserting “of this section”; and
by striking “of such title” and inserting “of this title”.
Judgment Fund transparency— Section 1304 of title 31, United States Code, is amended by adding at the end the following:
“(d) Beginning not later than the date that is 60 days after the date of enactment of the Energy and Natural Resources Act of 2017, and unless the disclosure of such information is otherwise prohibited by law or a court order, the Secretary of the Treasury shall make available to the public on a website, as soon as practicable, but not later than 30 days after the date on which a payment under this section is tendered, the following information with regard to that payment:
“(1) The name of the specific agency or entity whose actions gave rise to the claim or judgment.
“(2) The name of the plaintiff or claimant.
“(3) The name of counsel for the plaintiff or claimant.
“(4) The amount paid representing principal liability, and any amounts paid representing any ancillary liability, including attorney fees, costs, and interest.
“(5) A brief description of the facts that gave rise to the claim.
“(6) The name of the agency that submitted the claim.”
Sec. 8106 Identifying opportunities for recreation, hunting, and fishing on Federal land
Definitions— In this section:
Secretary— The term “Secretary” means—
the Secretary, with respect to land administered by—
the Director of the National Park Service;
the Director of the United States Fish and Wildlife Service; and
the Director of the Bureau of Land Management; and
the Secretary of Agriculture, with respect to land administered by the Chief of the Forest Service.
State or regional office— The term State or regional office means—
a State office of the Bureau of Land Management; or
a regional office of—
the National Park Service;
the United States Fish and Wildlife Service; or
the Forest Service.
Travel management plan— The term travel management plan means a plan for the management of travel—
with respect to land under the jurisdiction of the National Park Service, on park roads and designated routes under section 4.10 of title 36, Code of Federal Regulations (or successor regulations);
with respect to land under the jurisdiction of the United States Fish and Wildlife Service, on the land under a comprehensive conservation plan prepared under section 4(e) of the National Wildlife Refuge System Administration Act of 1966 (16 U.S.C. 668dd(e));
with respect to land under the jurisdiction of the Forest Service, on National Forest System land under part 212 of title 36, Code of Federal Regulations (or successor regulations); and
with respect to land under the jurisdiction of the Bureau of Land Management, under a resource management plan developed under the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.).
Priority lists required—
In general— Not later than 1 year after the date of enactment of this Act, and biennially thereafter during the 10-year period beginning on the date on which the first priority list is completed, the Secretary shall prepare a priority list, to be made publicly available on the website of the applicable Federal agency referred to in subsection (a)(1), which shall identify the location and acreage of land within the jurisdiction of each State or regional office on which the public is allowed, under Federal or State law, to hunt, fish, or use the land for other recreational purposes but—
to which there is no public access or egress; or
to which public access or egress to the legal boundaries of the land is significantly restricted (as determined by the Secretary).
Minimum size— Any land identified under paragraph (1) shall consist of contiguous acreage of at least 640 acres.
Considerations— In preparing the priority list required under paragraph (1), the Secretary shall consider with respect to the land—
whether access is absent or merely restricted, including the extent of the restriction;
the likelihood of resolving the absence of or restriction to public access;
the potential for recreational use;
any information received from the public or other stakeholders during the nomination process described in paragraph (5); and
any other factor as determined by the Secretary.
Adjacent land status— For each parcel of land on the priority list, the Secretary shall include in the priority list whether resolving the issue of public access or egress to the land would require acquisition of an easement, right-of-way, or fee title from—
another Federal agency;
a State, local, or tribal government; or
a private landowner.
Nomination process— In preparing a priority list under this section, the Secretary shall provide an opportunity for members of the public to nominate parcels for inclusion on the priority list.
Access options— With respect to land included on a priority list described in subsection (b), the Secretary shall develop and submit to the Committees on Appropriations and Energy and Natural Resources of the Senate and the Committees on Appropriations and Natural Resources of the House of Representatives a report on options for providing access that—
identifies how public access and egress could reasonably be provided to the legal boundaries of the land in a manner that minimizes the impact on wildlife habitat and water quality;
specifies the steps recommended to secure the access and egress, including acquiring an easement, right-of-way, or fee title from a willing owner of any land that abuts the land or the need to coordinate with State land management agencies or other Federal, State, or tribal governments to allow for such access and egress; and
is consistent with the travel management plan in effect on the land.
Protection of personally identifying information— In making the priority list and report prepared under subsections (b) and (c) available, the Secretary shall ensure that no personally identifying information is included, such as names or addresses of individuals or entities.
Willing owners— For purposes of providing any permits to, or entering into agreements with, a State, local, or tribal government or private landowner with respect to the use of land under the jurisdiction of the government or landowner, the Secretary shall not take into account whether the State, local, or tribal government or private landowner has granted or denied public access or egress to the land.
Means of public access and egress included— In considering public access and egress under subsections (b) and (c), the Secretary shall consider public access and egress to the legal boundaries of the land described in those subsections, including access and egress—
by motorized or non-motorized vehicles; and
on foot or horseback.
Effect—
In general— This section shall have no effect on whether a particular recreational use shall be allowed on the land included in a priority list under this section.
Effect of allowable uses on agency consideration— In preparing the priority list under subsection (b), the Secretary shall only consider recreational uses that are allowed on the land at the time that the priority list is prepared.
Sec. 8107 Firearms at water resource development projects
The Secretary of the Army shall not promulgate or enforce any regulation that prohibits an individual from possessing a firearm, including an assembled or functional firearm, in any area open to the public (other than a Federal facility as defined in section 930(g) or title 18, United States Code) at a water resources development project covered under section 327.0 of title 36, Code of Federal Regulations (as in effect on the date of enactment of this Act), if—
the individual is not otherwise prohibited from possessing the firearm; and
the possession of the firearm is in compliance with the law of the State in which the water resources development project is located.
C Federal Land Transaction Facilitation Act
Sec. 8201 Amendments to the Federal Land Transaction Facilitation Act
in section 203(2) (43 U.S.C. 2302(2)), in the matter preceding subparagraph (A), by striking “on the date of enactment of this Act was” and inserting “is”;
in section 205 (43 U.S.C. 2304)—
in subsection (a), by striking “(as in effect on the date of enactment of this Act)”; and
by striking subsection (d);
in section 206 (43 U.S.C. 2305), by striking subsection (f); and
in section 207(b) (43 U.S.C. 2306(b))—
in paragraph (1)—
by striking “96–568” and inserting “96–586”; and
by striking “or” at the end;
in paragraph (2)—
by inserting “Public Law 105–263;” before “112 Stat.”; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(3) the White Pine County Conservation, Recreation, and Development Act of 2006 (Public Law 109–432; 120 Stat. 3028);
“(4) the Lincoln County Conservation, Recreation, and Development Act of 2004 (Public Law 108–424; 118 Stat. 2403);
“(5) subtitle F of title I of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1032);
“(6) subtitle O of title I of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1075);
“(7) section 2601 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1108); or
“(8) section 2606 of the Omnibus Public Land Management Act of 2009 (Public Law 111–11; 123 Stat. 1121).”
Transfer of funds to treasury— Of the amounts deposited in the Federal Land Disposal Account established by section 206 of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305), there shall be transferred to the general fund of the Treasury $1,000,000 for each of fiscal years 2018 through 2027.
D Filming on Federal Land Management Agency land
Sec. 8301 Commercial filming
by redesignating subsections (a) through (f) as subsections (b) through (g), respectively;
by inserting before subsection (b) (as so redesignated) the following:
“(a) Definition of secretary—The term Secretary means the Secretary of the Interior or the Secretary of Agriculture, as applicable, with respect to land under the respective jurisdiction of the Secretary.”
in subsection (b) (as so redesignated)—
in paragraph (1)—
in the first sentence—
by striking “of the Interior or the Secretary of Agriculture (hereafter individually referred to as the “Secretary” with respect to land (except land in a System unit as defined in section 100102 of title 54, United States Code) under their respective jurisdictions)”; and
by striking “or similar projects”;
in subparagraph (A), by striking “or similar project”; and
in subparagraph (B), by inserting “, except in the case of film crews of three or fewer individuals” before the period at the end; and
by adding at the end the following:
“(3) Fee schedule—Not later than 180 days after the date of enactment of the Energy and Natural Resources Act of 2017, to enhance consistency in the management of Federal land, the Secretaries shall publish a single joint land use fee schedule for commercial filming and still photography.”
in subsection (c) (as so redesignated), in the second sentence, by striking “subsection (a)” and inserting “subsection (b)”;
in subsection (d) (as so redesignated), in the heading, by inserting “Commercial” before “Still”;
in paragraph (1) of subsection (f) (as so redesignated), by inserting “in accordance with the Federal Lands Recreation Enhancement Act (16 U.S.C. 6801 et seq.),” after “without further appropriation,”;
in subsection (g) (as so redesignated)—
by striking “The Secretary shall” and inserting the following:
“(1) In general—The Secretary shall”
by adding at the end the following:
“(2) Considerations—The Secretary shall not consider subject matter or content as a criterion for issuing or denying a permit under this Act.”
by adding at the end the following:
“(h) Exemption from commercial filming or still photography permits and fees—The Secretary shall not require persons holding commercial use authorizations or special recreation permits to obtain an additional permit or pay a fee for commercial filming or still photography under this Act if the filming or photography conducted is—
“(1) incidental to the permitted activity that is the subject of the commercial use authorization or special recreation permit; and
“(2) the holder of the commercial use authorization or special recreation permit is an individual or small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632)).
“(i) Exception from certain fees—Commercial filming or commercial still photography shall be exempt from fees under this Act, but not from recovery of costs under subsection (c), if the activity—
“(1) is conducted by an entity that is a small business concern (within the meaning of section 3 of the Small Business Act (15 U.S.C. 632));
“(2) is conducted by a crew of not more than 3 individuals; and
“(3) uses only a camera and tripod.
“(j) Applicability to news gathering activities
“(1) In general—News gathering shall not be considered a commercial activity.
“(2) Included activities—In this subsection, the term news gathering includes, at a minimum, the gathering, recording, and filming of news and information related to news in any medium.”
Conforming amendments— Chapter 1009 of title 54, United States Code, is amended—
by striking section 100905; and
in the table of sections for chapter 1009 of title 54, United States Code, by striking the item relating to section 100905.
E Wildlife and habitat conservation
Sec. 8401 Amendments to Pittman-Robertson Wildlife Restoration Act
Purpose— The purpose of this section is to facilitate the construction and expansion of public target ranges, including ranges on Federal land managed by the Forest Service and the Bureau of Land Management.
Definition of public target range— In this section, the term public target range means a specific location that—
is identified by a governmental agency for recreational shooting;
is open to the public;
may be supervised; and
may accommodate archery or rifle, pistol, or shotgun shooting.
Amendments to Pittman-Robertson wildlife restoration act—
Definitions— Section 2 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669a) is amended—
by redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively; and
by inserting after paragraph (1) the following:
“(2) the term public target range means a specific location that—
“(A) is identified by a governmental agency for recreational shooting;
“(B) is open to the public;
“(C) may be supervised; and
“(D) may accommodate archery or rifle, pistol, or shotgun shooting;”
Expenditures for management of wildlife areas and resources— Section 8(b) of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669g(b)) is amended—
by striking “(b) Each State” and inserting the following:
“(b) Expenditures for management of wildlife areas and resources
“(1) In general—Except as provided in paragraph (2), each State”
in paragraph (1) (as so designated), by striking “construction, operation,” and inserting “operation”;
in the second sentence, by striking “The non-Federal share” and inserting the following:
“(3) Non-federal share—The non-Federal share”
in the third sentence, by striking “The Secretary” and inserting the following:
“(4) Regulations—The Secretary”
by inserting after paragraph (1) (as designated by subparagraph (A)) the following:
“(2) Exception—Notwithstanding the limitation described in paragraph (1), a State may pay up to 90 percent of the cost of acquiring land for, expanding, or constructing a public target range.”
Firearm and bow hunter education and safety program grants— Section 10 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669h–1) is amended—
in subsection (a), by adding at the end the following:
“(3) Allocation of additional amounts—Of the amount apportioned to a State for any fiscal year under section 4(b), the State may elect to allocate not more than 10 percent, to be combined with the amount apportioned to the State under paragraph (1) for that fiscal year, for acquiring land for, expanding, or constructing a public target range.”
by striking subsection (b) and inserting the following:
“(b) Cost sharing
“(1) In general—Except as provided in paragraph (2), the Federal share of the cost of any activity carried out using a grant under this section shall not exceed 75 percent of the total cost of the activity.
“(2) Public target range construction or expansion—The Federal share of the cost of acquiring land for, expanding, or constructing a public target range in a State on Federal or non-Federal land pursuant to this section or section 8(b) shall not exceed 90 percent of the cost of the activity.”
in subsection (c)(1)—
by striking “Amounts made” and inserting the following:
“(A) In general—Except as provided in subparagraph (B), amounts made”
by adding at the end the following:
“(B) Exception—Amounts provided for acquiring land for, constructing, or expanding a public target range shall remain available for expenditure and obligation during the 5-fiscal-year period beginning on October 1 of the first fiscal year for which the amounts are made available.”
Sense of congress regarding cooperation— It is the sense of Congress that, consistent with applicable laws (including regulations), the Secretary and the Secretary of Agriculture should cooperate with State and local authorities and other entities to carry out waste removal and other activities on any Federal land used as a public target range to encourage continued use of that land for target practice or marksmanship training.
Sec. 8402 Wildlife and Hunting Heritage Conservation Council Advisory Committee
The Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) is amended by adding at the end the following:
“10. Wildlife and Hunting Heritage Conservation Council Advisory Committee
“(a) Establishment—There is established the Wildlife and Hunting Heritage Conservation Council Advisory Committee (referred to in this section as the “Advisory Committee”) to advise the Secretary of the Interior and the Secretary of Agriculture (referred to in this section as the “Secretaries”) on wildlife and habitat conservation, hunting, and recreational shooting.
“(b) Duties of the advisory committee—The Advisory Committee shall advise the Secretaries regarding—
“(1) implementation of the “Recreational Hunting and Wildlife Resource Conservation Plan—A Ten-Year Plan for Implementation” and any successor plans, in accordance with Executive Order 13443 (16 U.S.C. 661 note; relating to facilitation of hunting heritage and wildlife conservation);
“(2) increasing public awareness of, and support for, the Wildlife Restoration Program;
“(3) fostering wildlife and habitat conservation and ethics in hunting and shooting sports recreation;
“(4) stimulating the participation of sportsmen and sportswomen in the conservation and management of wildlife and habitat resources through outreach and education;
“(5) fostering communication and coordination among—
“(A) the Federal Government and State and tribal governments;
“(B) industry;
“(C) sportsmen and sportswomen who hunt and shoot;
“(D) wildlife and habitat conservation and management organizations; and
“(E) the public;
“(6) providing appropriate access to Federal land for recreational shooting and hunting; and
“(7) recommendations to improve implementation of Federal conservation programs that benefit wildlife, hunting, and outdoor recreation on private land.
“(c) Membership
“(1) Appointment
“(A) In general—The Advisory Committee shall consist of not more than 16 discretionary members and 7 ex officio members.
“(B) Ex officio members—The ex officio members are—
“(i) the Director of the United States Fish and Wildlife Service or a designated representative of the Director;
“(ii) the Director of the Bureau of Land Management or a designated representative of the Director;
“(iii) the Director of the National Park Service or a designated representative of the Director;
“(iv) the Chief of the Forest Service or a designated representative of the Chief;
“(v) the Chief of the Natural Resources Conservation Service or a designated representative of the Chief;
“(vi) the Administrator of the Farm Service Agency or a designated representative of the Administrator; and
“(vii) the Executive Director of the Association of Fish and Wildlife Agencies.
“(C) Discretionary members—The discretionary members shall be appointed jointly by the Secretaries from at least one of each of the following:
“(i) State fish and wildlife management agencies.
“(ii) Wildlife and habitat conservation management organizations.
“(iii) Game bird hunting organizations.
“(iv) Waterfowl hunting organizations.
“(v) Big game hunting organizations.
“(vi) The tourism, outfitter, or guiding industry relating to hunting, fishing, and shooting sports.
“(vii) The hunting or shooting equipment retail industry.
“(viii) Tribal resource management organizations.
“(ix) Hunting, shooting, and fishing sports outreach and education organizations.
“(x) Women's hunting and fishing advocacy, outreach, or education organizations.
“(xi) Minority hunting and fishing advocacy, outreach, or education organizations.
“(xii) Veterans service organizations.
“(2) Terms
“(A) In general—Except as provided in subparagraph (B), members of the Advisory Committee shall be appointed for a term of 4 years. Members shall not be appointed for more than 3 consecutive or nonconsecutive terms.
“(B) Terms of initial appointees—As designated by the Secretaries at the time of appointment, of the members first appointed—
“(i) 6 members shall be appointed for a term of 4 years;
“(ii) 5 members shall be appointed for a term of 3 years; and
“(iii) 5 members shall be appointed for a term of 2 years.
“(3) Preservation of public advisory status—No individual may be appointed as a discretionary member of the Advisory Committee while serving as an officer or employee of the Federal Government.
“(4) Vacancy and removal
“(A) In general—Any vacancy on the Advisory Committee shall be filled in the manner in which the original appointment was made.
“(B) Removal—Advisory Committee members shall serve at the discretion of the Secretaries and may be removed at any time for good cause.
“(5) Continuation of service—Each appointed member may continue to serve after the expiration of the term of office to which such member was appointed until a successor has been appointed.
“(6) Chairperson—The Chairperson of the Advisory Committee shall be appointed for a 3-year term by the Secretaries, jointly, from among the members of the Advisory Committee. An individual may not be appointed as Chairperson for more than 2 consecutive or nonconsecutive terms.
“(7) Compensation—Members of the Advisory Committee shall serve without compensation.
“(8) Travel expenses—Members of the Advisory Committee may be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for an employee of an agency under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of duties of the Advisory Committee.
“(9) Meetings
“(A) In general—The Advisory Committee shall meet at the call of the chairperson, but not less frequently than twice annually.
“(B) Open meetings—Each meeting of the Advisory Committee shall be open to the public.
“(C) Prior notice of meetings—Timely notice of each meeting of the Advisory Committee shall be published in the Federal Register and be submitted to trade publications and publications of general circulation.
“(D) Subgroups—The Advisory Committee may establish such workgroups or subgroups as the Advisory Committee deems necessary for the purpose of compiling information or conducting research.
“(10) Quorum—A majority of the members of the Advisory Committee shall constitute a quorum.
“(d) Expenses, administrative support, technical services, and advice—The Secretaries may provide for expenses, administrative support, technical services, and advice to the Advisory Committee that the Secretaries determine to be appropriate.
“(e) Annual report
“(1) Required—Not later than September 30 of each year, the Advisory Committee shall submit a report to the Secretaries, the Committee on Natural Resources and the Committee on Agriculture of the House of Representatives, and the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate.
“(2) Contents—The report required under paragraph (1) shall describe—
“(A) the activities of the Advisory Committee during the preceding year;
“(B) the reports and recommendations made by the Advisory Committee to the Secretaries during the preceding year; and
“(C) an accounting of actions taken by the Secretaries as a result of the recommendations.
“(f) Federal Advisory Committee Act—The Advisory Committee shall be exempt from the Federal Advisory Committee Act (5 U.S.C. App.).”
Sec. 8403 North American Wetlands Conservation Act
Conservation incentives landowner education program— Any acquisition of land (including any interest in land) under the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.) shall be subject to the notification requirements under section 5104(d).
Authorization of appropriations— Section 7(c) of the North American Wetlands Conservation Act (16 U.S.C. 4406(c)) is amended—
in paragraph (4), by striking “and”;
in paragraph (5), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(6) $50,000,000 for each of fiscal years 2018 through 2023.”
Sec. 8404 Fishing tackle
During the period beginning on the date of enactment of this Act and ending on September 30, 2028, the Administrator of the Environmental Protection Agency shall not regulate the use of fishing tackle based on the lead content of the tackle under the Toxic Substances Control Act (15. U.S.C. 2601 et seq.).
F Miscellaneous
Sec. 8501 Respect for treaties and rights
Sec. 8502 No priority
Nothing in this title or the amendments made by this title provides a preference to hunting, fishing, or recreational shooting over any other use of Federal land or water.
Sec. 8503 State authority for fish and wildlife
IX Water Infrastructure and Related Matters
A Fontenelle Reservoir
Sec. 9001 Authority to make entire active capacity of Fontenelle Reservoir available for use
In general— The Secretary, in cooperation with the State of Wyoming, may amend the Definite Plan Report for the Seedskadee Project authorized under the first section of the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620), to provide for the study, design, planning, and construction activities that will enable the use of all active storage capacity (as may be defined or limited by legal, hydrologic, structural, engineering, economic, and environmental considerations) of Fontenelle Dam and Reservoir, including the placement of sufficient riprap on the upstream face of Fontenelle Dam to allow the active storage capacity of Fontenelle Reservoir to be used for those purposes for which the Seedskadee Project was authorized.
Cooperative agreements—
In general— The Secretary may enter into any contract, grant, cooperative agreement, or other agreement that is necessary to carry out subsection (a).
State of Wyoming—
In general— The Secretary shall enter into a cooperative agreement with the State of Wyoming to work in cooperation and collaboratively with the State of Wyoming for planning, design, related preconstruction activities, and construction of any modification of the Fontenelle Dam under subsection (a).
Requirements— The cooperative agreement under subparagraph (A) shall, at a minimum, specify the responsibilities of the Secretary and the State of Wyoming with respect to—
completing the planning and final design of the modification of the Fontenelle Dam under subsection (a);
any environmental and cultural resource compliance activities required for the modification of the Fontenelle Dam under subsection (a) including compliance with—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
subdivision 2 of division A of subtitle III of title 54, United States Code; and
the construction of the modification of the Fontenelle Dam under subsection (a).
Funding by State of Wyoming— Pursuant to the 33rd paragraph under the heading “reclamation service” in the Act of March 4, 1921 (41 Stat. 1404, chapter 161; 43 U.S.C. 395), and as a condition of providing any additional storage under subsection (a), the State of Wyoming shall provide to the Secretary funds for any work carried out under subsection (a).
Other contracting authority—
In general— The Secretary may enter into contracts with the State of Wyoming, on such terms and conditions as the Secretary and the State of Wyoming may agree, for division of any additional active capacity made available under subsection (a).
Terms and conditions— Unless otherwise agreed to by the Secretary and the State of Wyoming, a contract entered into under paragraph (1) shall be subject to the terms and conditions of Bureau of Reclamation Contract No. 14–06–400–2474 and Bureau of Reclamation Contract No. 14–06–400–6193.
Sec. 9002 Savings provisions
Unless expressly provided in this subtitle, nothing in this subtitle modifies, conflicts with, preempts, or otherwise affects—
the Act of December 31, 1928 (43 U.S.C. 617 et seq.) (commonly known as the “Boulder Canyon Project Act”);
the Colorado River Compact of 1922, as approved by the Presidential Proclamation of June 25, 1929 (46 Stat. 3000);
the Act of July 19, 1940 (43 U.S.C. 618 et seq.) (commonly known as the “Boulder Canyon Project Adjustment Act”);
the Treaty between the United States of America and Mexico relating to the utilization of waters of the Colorado and Tijuana Rivers and of the Rio Grande, and supplementary protocol signed November 14, 1944, signed at Washington February 3, 1944 (59 Stat. 1219);
the Upper Colorado River Basin Compact as consented to by the Act of April 6, 1949 (63 Stat. 31, chapter 48);
the Act of April 11, 1956 (commonly known as the “Colorado River Storage Project Act”) (43 U.S.C. 620 et seq.);
the Colorado River Basin Project Act (Public Law 90–537; 82 Stat. 885); or
any State of Wyoming or other State water law.
B Bureau of Reclamation Transparency
Sec. 9101 Definitions
In this subtitle:
Asset—
In general— The term asset means any of the following assets that are used to achieve the mission of the Bureau of Reclamation to manage, develop, and protect water and related resources in an environmentally and economically sound manner in the interest of the people of the United States:
Capitalized facilities, buildings, structures, project features, power production equipment, recreation facilities, or quarters.
Capitalized and noncapitalized heavy equipment and other installed equipment.
Inclusions— The term asset includes assets described in subparagraph (A) that are considered to be mission critical.
Asset Management Report— The term Asset Management Report means—
the annual plan prepared by the Bureau of Reclamation known as the “Asset Management Plan”; and
any publicly available information relating to the plan described in subparagraph (A) that summarizes the efforts of the Bureau of Reclamation to evaluate and manage infrastructure assets of the Bureau of Reclamation.
Major repair and rehabilitation need— The term major repair and rehabilitation need means major nonrecurring maintenance at a Reclamation facility, including maintenance related to the safety of dams, extraordinary maintenance of dams, deferred major maintenance activities, and all other significant repairs and extraordinary maintenance.
Reclamation facility— The term Reclamation facility means each of the infrastructure assets that are owned by the Bureau of Reclamation at a Reclamation project.
Reclamation project— The term Reclamation project means a project that is owned by the Bureau of Reclamation, including all reserved works and transferred works owned by the Bureau of Reclamation.
Reserved works— The term reserved works means buildings, structures, facilities, or equipment that are owned by the Bureau of Reclamation for which operations and maintenance are performed by employees of the Bureau of Reclamation or through a contract entered into by the Bureau of Reclamation, regardless of the source of funding for the operations and maintenance.
Transferred works— The term transferred works means a Reclamation facility at which operations and maintenance of the facility is carried out by a non-Federal entity under the provisions of a formal operations and maintenance transfer contract or other legal agreement with the Bureau of Reclamation.
Sec. 9102 Asset management report enhancements for reserved works
In general— Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to Congress an Asset Management Report that—
describes the efforts of the Bureau of Reclamation—
to maintain in a reliable manner all reserved works at Reclamation facilities; and
to standardize and streamline data reporting and processes across regions and areas for the purpose of maintaining reserved works at Reclamation facilities; and
expands on the information otherwise provided in an Asset Management Report, in accordance with subsection (b).
Infrastructure Maintenance Needs Assessment—
In general— The Asset Management Report submitted under subsection (a) shall include—
a detailed assessment of major repair and rehabilitation needs for all reserved works at all Reclamation projects; and
to the extent practicable, an itemized list of major repair and rehabilitation needs of individual Reclamation facilities at each Reclamation project.
Inclusions— To the extent practicable, the itemized list of major repair and rehabilitation needs under paragraph (1)(B) shall include—
a budget level cost estimate of the appropriations needed to complete each item; and
an assignment of a categorical rating for each item, consistent with paragraph (3).
Rating requirements—
In general— The system for assigning ratings under paragraph (2)(B) shall be—
consistent with existing uniform categorization systems to inform the annual budget process and agency requirements; and
subject to the guidance and instructions issued under subparagraph (B).
Guidance— As soon as practicable after the date of enactment of this Act, the Secretary shall issue guidance that describes the applicability of the rating system applicable under paragraph (2)(B) to Reclamation facilities.
Public availability— Except as provided in paragraph (5), the Secretary shall make publicly available, including on the Internet, the Asset Management Report required under subsection (a).
Confidentiality— The Secretary may exclude from the public version of the Asset Management Report made available under paragraph (4) any information that the Secretary identifies as sensitive or classified, but shall make available to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a version of the report containing the sensitive or classified information.
Updates— Not later than 2 years after the date on which the Asset Management Report is submitted under subsection (a) and biennially thereafter, the Secretary shall update the Asset Management Report, subject to the requirements of section 9103(b)(2).
Consultation— To the extent that such consultation would assist the Secretary in preparing the Asset Management Report under subsection (a) and updates to the Asset Management Report under subsection (c), the Secretary shall consult with—
the Secretary of the Army (acting through the Chief of Engineers); and
water and power contractors.
Sec. 9103 Asset management report enhancements for transferred works
In general— The Secretary shall coordinate with the non-Federal entities responsible for the operation and maintenance of transferred works in developing reporting requirements for Asset Management Reports with respect to major repair and rehabilitation needs for transferred works that are similar to the reporting requirements described in section 9102(b).
Guidance—
In general— After considering input from water and power contractors of the Bureau of Reclamation, the Secretary shall develop and implement a rating system for transferred works that incorporates, to the maximum extent practicable, the rating system for major repair and rehabilitation needs for reserved works developed under section 9102(b)(3).
Updates— The ratings system developed under paragraph (1) shall be included in the updated Asset Management Reports under section 9102(c).
Sec. 9104 Offset
Notwithstanding any other provision of law, in the case of the project authorized by section 1617 of the Reclamation Projects Authorization and Adjustment Act of 1992 (43 U.S.C. 390h–12c), the maximum amount of the Federal share of the cost of the project under section 1631(d)(1) of that Act (43 U.S.C. 390h–13(d)(1)) otherwise available as of the date of enactment of this Act shall be reduced by $2,000,000.
C Yakima River Basin Water Enhancement
Sec. 9201 Short title
This subtitle may be cited as the “Yakima River Basin Water Enhancement Project Phase III Act of 2017”.
Sec. 9202 Modification of terms, purposes, and definitions
by striking “Yakama Indian” each place it appears (except section 1204(g)) and inserting “Yakama”; and
by striking “Superintendent” each place it appears and inserting “Manager”.
by striking paragraph (1) and inserting the following:
“(1) to protect, mitigate, and enhance fish and wildlife and the recovery and maintenance of self-sustaining harvestable populations of fish and other aquatic life, both anadromous and resident species, throughout their historic distribution range in the Yakima Basin through—
“(A) improved water management and the constructions of fish passage at storage and diversion dams, as authorized under the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.);
“(B) improved instream flows and water supplies;
“(C) improved water quality, watershed, and ecosystem function;
“(D) protection, creation, and enhancement of wetlands; and
“(E) other appropriate means of habitat improvement;”
in paragraph (2), by inserting “, municipal, industrial, and domestic water supply and use purposes, especially during drought years, including reducing the frequency and severity of water supply shortages for pro-ratable irrigation entities” before the semicolon at the end;
by striking paragraph (4);
by redesignating paragraph (3) as paragraph (4);
by inserting after paragraph (2) the following:
“(3) to authorize the Secretary to make water available for purchase or lease for meeting municipal, industrial, and domestic water supply purposes;”
by redesignating paragraphs (5) and (6) as paragraphs (6) and (8), respectively;
by inserting after paragraph (4) (as so redesignated) the following:
“(5) to realize sufficient water savings from implementing the Yakima River Basin Integrated Water Resource Management Plan, so that not less than 85,000 acre feet of water savings are achieved by implementing the first phase of the Integrated Plan pursuant to section 1213(a), in addition to the 165,000 acre feet of water savings targeted through the Basin Conservation Program, as authorized on October 31, 1994;”
in paragraph (6) (as so redesignated)—
by inserting “an increase in” before “voluntary”; and
by striking “and” at the end;
by inserting after paragraph (6) (as so redesignated) the following:
“(7) to encourage an increase in the use of, and reduce the barriers to, water transfers, leasing, markets, and other voluntary transactions among public and private entities to enhance water management in the Yakima River basin;”
in paragraph (8) (as redesignated by paragraph (6)), by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(9) to improve the resilience of the ecosystems, economies, and communities in the Basin as they face drought, hydrologic changes, and other related changes and variability in natural and human systems, for the benefit of both the people and the fish and wildlife of the region; and
“(10) to authorize and implement the Yakima River Basin Integrated Water Resource Management Plan as Phase III of the Yakima River Basin Water Enhancement Project, as a balanced and cost-effective approach to maximize benefits to the communities and environment in the Basin.”
by redesignating paragraphs (6), (7), (8), (9), (10), (11), (12), (13), and (14) as paragraphs (8), (10), (11), (13), (14), (15), (16), (18), and (19), respectively;
by inserting after paragraph (5) the following:
“(6) Designated Federal official—The term designated Federal official means the Commissioner of Reclamation (or a designee), acting pursuant to the charter of the Conservation Advisory Group.
“(7) Integrated Plan—The terms Integrated Plan and Yakima River Basin Integrated Water Resource Plan mean the plan and activities authorized by the Yakima River Basin Water Enhancement Project Phase III Act of 2017 and the amendments made by that subtitle, to be carried out in cooperation with and in addition to activities of the State of Washington and Yakama Nation.”
by inserting after paragraph (8) (as redesignated by paragraph (1)) the following:
“(9) Municipal, industrial, and domestic water supply and use—The term municipal, industrial, and domestic water supply and use means the supply and use of water for—
“(A) domestic consumption (whether urban or rural);
“(B) maintenance and protection of public health and safety;
“(C) manufacture, fabrication, processing, assembly, or other production of a good or commodity;
“(D) production of energy;
“(E) fish hatcheries; or
“(F) water conservation activities relating to a use described in subparagraphs (A) through (E).”
by inserting after paragraph (11) (as redesignated by paragraph (1)) the following:
“(12) Proratable irrigation entity—The term proratable irrigation entity means a district, project, or State-recognized authority, board of control, agency, or entity located in the Yakima River basin that—
“(A) manages and delivers irrigation water to farms in the basin; and
“(B) possesses, or the members of which possess, water rights that are proratable during periods of water shortage.”
by inserting after paragraph (16) (as redesignated by paragraph (1)) the following:
“(17) Yakima Enhancement Project; Yakima River Basin Water Enhancement Project—The terms Yakima Enhancement Project and Yakima River Basin Water Enhancement Project mean the Yakima River basin water enhancement project authorized by Congress pursuant to this Act and other Acts (including Public Law 96–162 (93 Stat. 1241), section 109 of Public Law 98–381 (16 U.S.C. 839b note; 98 Stat. 1340), Public Law 105–62 (111 Stat. 1320), and Public Law 106–372 (114 Stat. 1425)) to promote water conservation, water supply, habitat, and stream enhancement improvements in the Yakima River basin.”
Sec. 9203 Yakima River Basin Water Conservation Program
Section 1203 of Public Law 103–434 (108 Stat. 4551) is amended—
in subsection (a)—
in paragraph (1)—
in the second sentence, by striking “title” and inserting “section”; and
in the third sentence, by striking “within 5 years of the date of enactment of this Act”; and
in paragraph (2), by striking “irrigation” and inserting “the number of irrigated acres”;
in subsection (c)—
in paragraph (2)—
in each of subparagraphs (A) through (D), by striking the comma at the end and inserting a semicolon;
in subparagraph (E), by striking the comma at the end and inserting “; and”;
in subparagraph (F), by striking “Department of Wildlife of the State of Washington, and” and inserting “Department of Fish and Wildlife of the State of Washington.”; and
by striking subparagraph (G);
in paragraph (3)—
in each of subparagraphs (A) through (C), by striking the comma at the end and inserting a semicolon;
in subparagraph (D), by striking “, and” and inserting a semicolon;
in subparagraph (E), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(F) provide recommendations to advance the purposes and programs of the Yakima Enhancement Project, including the Integrated Plan.”
by striking paragraph (4) and inserting the following:
“(4) Authority of designated Federal official—The designated Federal official may—
“(A) arrange and provide logistical support for meetings of the Conservation Advisory Group;
“(B) use a facilitator to serve as a moderator for meetings of the Conservation Advisory Group or provide additional logistical support; and
“(C) grant any request for a facilitator by any member of the Conservation Advisory Group.”
in subsection (d), by adding at the end the following:
“(4) Payment of local share by State or Federal Government
“(A) In general—The State or the Federal Government may fund not more than the 17.5 percent local share of the costs of the Basin Conservation Program in exchange for the long-term use of conserved water, subject to the requirement that the funding by the Federal Government of the local share of the costs shall provide a quantifiable public benefit in meeting Federal responsibilities in the Basin and the purposes of this title.
“(B) Use of conserved water—The Yakima Project Manager may use water resulting from conservation measures taken under this title, in addition to water that the Bureau of Reclamation may acquire from any willing seller through purchase, donation, or lease, for water management uses pursuant to this title.”
in subsection (e), by striking the first sentence and inserting the following: “To participate in the Basin Conservation Program, as described in subsection (b), an entity shall submit to the Secretary a proposed water conservation plan.”;
in subsection (i)(3)—
by striking “purchase or lease” each place it appears and inserting “purchase, lease, or management”; and
in the third sentence, by striking “made immediately upon availability” and all that follows through “Committee” and inserting “continued as needed to provide water to be used by the Yakima Project Manager as recommended by the System Operations Advisory Committee and the Conservation Advisory Group”; and
in subsection (j)(4), in the first sentence, by striking “initial acquisition” and all that follows through “flushing flows” and inserting “acquisition of water from willing sellers or lessors specifically to provide improved instream flows for anadromous and resident fish and other aquatic life, including pulse flows to facilitate outward migration of anadromous fish”.
Sec. 9204 Yakima Basin water projects, operations, and authorizations
in subsection (a)(2), in the first sentence, by striking “not more than $23,000,000” and inserting “not more than $100,000,000”; and
in subsection (g)—
by striking the subsection heading and inserting “Redesignation of Yakama Indian Nation to Yakama Nation.—”;
by striking paragraph (1) and inserting the following:
“(1) Redesignation—The Confederated Tribes and Bands of the Yakama Indian Nation shall be known and designated as the “Confederated Tribes and Bands of the Yakama Nation”.”
in paragraph (2), by striking “deemed to be a reference to the “Confederated Tribes and Bands of the Yakama Indian Nation”.” and inserting “deemed to be a reference to the “Confederated Tribes and Bands of the Yakama Nation”.”.
in subsection (a)—
in paragraph (4)—
in subparagraph (A)—
in clause (i)—
by inserting “additional” after “secure”;
by striking “flushing” and inserting “pulse”; and
by striking “uses” and inserting “uses, in addition to the quantity of water provided under the treaty between the Yakama Nation and the United States”;
by striking clause (ii);
by redesignating clause (iii) as clause (ii); and
in clause (ii) (as so redesignated) by inserting “and water rights mandated” after “goals”; and
in subparagraph (B)(i), in the first sentence, by inserting “in proportion to the funding received” after “Program”;
in subsection (b) (as amended by section 9202(a)(2)), in the second sentence, by striking “instream flows for use by the Yakima Project Manager as flushing flows or as otherwise” and inserting “fishery purposes, as”; and
in subsection (e), by striking paragraph (1) and inserting the following:
“(1) In general—Additional purposes of the Yakima Project shall be any of the following:
“(A) To recover and maintain self-sustaining harvestable populations of native fish, both anadromous and resident species, throughout their historic distribution range in the Yakima Basin.
“(B) To protect, mitigate, and enhance aquatic life and wildlife.
“(C) Recreation.
“(D) Municipal, industrial, and domestic use.”
Lake Cle Elum Authorization of Appropriations— Section 1206(a)(1) of Public Law 103–434 (108 Stat. 4560), is amended, in the matter preceding subparagraph (A), by striking “at September” and all that follows through “to—” and inserting “not more than $12,000,000 to—”.
Enhancement of water supplies for Yakima basin tributaries— Section 1207 of Public Law 103–434 (108 Stat. 4560) is amended—
in the heading, by striking “supplies” and inserting “management”;
in subsection (a)—
in the matter preceding paragraph (1), by striking “supplies” and inserting “management”;
in paragraph (1), by inserting “and water supply entities” after “owners”; and
in paragraph (2)—
in subparagraph (A), by inserting “that choose not to participate or opt out of tributary enhancement projects pursuant to this section” after “water right owners”; and
in subparagraph (B), by inserting “nonparticipating” before “tributary water users”;
in subsection (b)—
in paragraph (1)—
by striking the paragraph designation and all that follows through “(but not limited to)—” and inserting the following:
“(1) In general—The Secretary, following consultation with the State of Washington, tributary water right owners, and the Yakama Nation, and on agreement of appropriate water right owners, is authorized to conduct studies to evaluate measures to further Yakima Project purposes on tributaries to the Yakima River. Enhancement programs that use measures authorized by this subsection may be investigated and implemented by the Secretary in tributaries to the Yakima River, including Taneum Creek, other areas, or tributary basins that currently or could potentially be provided supplemental or transfer water by entities, such as the Kittitas Reclamation District or the Yakima-Tieton Irrigation District, subject to the condition that activities may commence on completion of applicable and required feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development, as appropriate. Measures to evaluate include—”
by indenting subparagraphs (A) through (F) appropriately;
in subparagraph (A), by inserting before the semicolon at the end the following: “, including irrigation efficiency improvements (in coordination with programs of the Department of Agriculture), consolidation of diversions or administration, and diversion scheduling or coordination”;
by redesignating subparagraphs (C) through (F) as subparagraphs (E) through (H), respectively;
by inserting after subparagraph (B) the following:
“(C) improvements in irrigation system management or delivery facilities within the Yakima River basin when those improvements allow for increased irrigation system conveyance and corresponding reduction in diversion from tributaries or flow enhancements to tributaries through direct flow supplementation or groundwater recharge;
“(D) improvements of irrigation system management or delivery facilities to reduce or eliminate excessively high flows caused by the use of natural streams for conveyance or irrigation water or return water;”
in subparagraph (E) (as redesignated by clause (iv)), by striking “ground water” and inserting “groundwater recharge and”;
in subparagraph (G) (as redesignated by clause (iv)), by inserting “or transfer” after “purchase”; and
in subparagraph (H) (as redesignated by clause (iv)), by inserting “stream processes and” before “stream habitats”;
in paragraph (2)—
in the matter preceding subparagraph (A), by striking “the Taneum Creek study” and inserting “studies under this subsection”;
in subparagraph (B)—
by striking “and economic” and inserting “, infrastructure, economic, and land use”; and
by striking “and” at the end;
in subparagraph (C), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(D) any related studies already underway or undertaken.”
in paragraph (3), in the first sentence, by inserting “of each tributary or group of tributaries” after “study”;
in subsection (c)—
in the heading, by inserting “and nonsurface storage” after “nonstorage”; and
in the matter preceding paragraph (1), by inserting “and nonsurface storage” after “nonstorage”;
by striking subsection (d);
by redesignating subsection (e) as subsection (d); and
in paragraph (2) of subsection (d) (as so redesignated)—
in the first sentence—
by inserting “and implementation” after “investigation”;
by striking “other” before “Yakima River”; and
by inserting “and other water supply entities” after “owners”; and
by striking the second sentence.
Chandler pumping plant and powerplant-operations at Prosser Diversion Dam— Section 1208(d) of Public Law 103–434 (108 Stat. 4562; 114 Stat. 1425) is amended by inserting “negatively” before “affected”.
Interim Comprehensive Basin Operating Plan— Section 1210(c) of Public Law 103–434 (108 Stat. 4564) is amended by striking “$100,000” and inserting “$200,000”.
Environmental compliance— Section 1211 of Public Law 103–434 (108 Stat. 4564) is amended by striking “$2,000,000” and inserting “$5,000,000”.
Sec. 9205 Authorization of Phase III of Yakima River Basin Water Enhancement Project
Title XII of Public Law 103–434 (108 Stat. 4550) is amended by adding at the end the following:
“1213. Authorization of the integrated plan as Phase III of Yakima River Basin Water Enhancement Project
“(a) Integrated Plan
“(1) In general—The Secretary shall implement the Integrated Plan as Phase III of the Yakima River Basin Water Enhancement Project in accordance with this section and applicable laws.
“(2) Initial development phase of the integrated plan
“(A) In general—The Secretary, in coordination with the State of Washington and Yakama Nation and subject to feasibility studies, environmental reviews, and the availability of appropriations, shall implement an initial development phase of the Integrated Plan, to—
“(i) complete the planning, design, and construction or development of upstream and downstream fish passage facilities, as previously authorized by the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.) at Cle Elum Reservoir and another Yakima Project reservoir identified by the Secretary as consistent with the Integrated Plan, subject to the condition that, if the Yakima Project reservoir identified by the Secretary contains a hydropower project licensed by the Federal Energy Regulatory Commission, the Secretary shall cooperate with the Federal Energy Regulatory Commission in a timely manner to ensure that actions taken by the Secretary are consistent with the applicable hydropower project license;
“(ii) negotiate long-term agreements with participating proratable irrigation entities in the Yakima Basin and, acting through the Bureau of Reclamation, coordinate between Bureaus of the Department of the Interior and with the heads of other Federal agencies to negotiate agreements concerning leases, easements, and rights-of-way on Federal land, and other terms and conditions determined to be necessary to allow for the non-Federal financing, construction, operation, and maintenance of—
“(I) new facilities needed to access and deliver inactive storage in Lake Kachess for the purpose of providing drought relief for irrigation (known as the “Kachess Drought Relief Pumping Plant”); and
“(II) a conveyance system to allow transfer of water between Keechelus Reservoir to Kachess Reservoir for purposes of improving operational flexibility for the benefit of both fish and irrigation (known as the “K to K Pipeline”);
“(iii) participate in, provide funding for, and accept non-Federal financing for—
“(I) water conservation projects, not subject to the provisions of the Basin Conservation Program described in section 1203, that are intended to partially implement the Integrated Plan by providing 85,000 acre-feet of conserved water to improve tributary and mainstem stream flow; and
“(II) aquifer storage and recovery projects;
“(iv) study, evaluate, and conduct feasibility analyses and environmental reviews of fish passage, water supply (including groundwater and surface water storage), conservation, habitat restoration projects, and other alternatives identified as consistent with the purposes of this Act, for the initial and future phases of the Integrated Plan;
“(v) coordinate with and assist the State of Washington in implementing a robust water market to enhance water management in the Yakima River basin, including—
“(I) assisting in identifying ways to encourage and increase the use of, and reduce the barriers to, water transfers, leasing, markets, and other voluntary transactions among public and private entities in the Yakima River basin;
“(II) providing technical assistance, including scientific data and market information; and
“(III) negotiating agreements that would facilitate voluntary water transfers between entities, including as appropriate, the use of federally managed infrastructure; and
“(vi) enter into cooperative agreements with, or, subject to a minimum non-Federal cost-sharing requirement of 50 percent, make grants to, the Yakama Nation, the State of Washington, Yakima River basin irrigation districts, water districts, conservation districts, other local governmental entities, nonprofit organizations, and land owners to carry out this title under such terms and conditions as the Secretary may require, including the following purposes:
“(I) Land and water transfers, leases, and acquisitions from willing participants, so long as the acquiring entity shall hold title and be responsible for any and all required operations, maintenance, and management of that land and water.
“(II) To combine or relocate diversion points, remove fish barriers, or for other activities that increase flows or improve habitat in the Yakima River and its tributaries in furtherance of this title.
“(III) To implement, in partnership with Federal and non-Federal entities, projects to enhance the health and resilience of the watershed.
“(B) Commencement date—The Secretary shall commence implementation of the activities included under the initial development phase pursuant to this paragraph—
“(i) on the date of enactment of this section; and
“(ii) on completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development.
“(3) Intermediate and final phases
“(A) In general—The Secretary, in coordination with the State of Washington and in consultation with the Yakama Nation, shall develop plans for intermediate and final development phases of the Integrated Plan to achieve the purposes of this Act, including conducting applicable feasibility studies, environmental reviews, and other relevant studies needed to develop the plans.
“(B) Intermediate phase—The Secretary shall develop an intermediate development phase to implement the Integrated Plan that, subject to authorization and appropriation, would commence not later than 10 years after the date of enactment of this section.
“(C) Final phase—The Secretary shall develop a final development phase to implement the Integrated Plan that, subject to authorization and appropriation, would commence not later than 20 years after the date of enactment of this section.
“(4) Contingencies—The implementation by the Secretary of projects and activities identified for implementation under the Integrated Plan shall be—
“(A) subject to authorization and appropriation;
“(B) contingent on the completion of applicable feasibility studies, environmental reviews, and cost-benefit analyses that include favorable recommendations for further project development;
“(C) implemented on public review and a determination by the Secretary that design, construction, and operation of a proposed project or activity is in the best interest of the public; and
“(D) in compliance with all applicable laws, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
“(5) Progress report
“(A) In general—Not later than 5 years after the date of enactment of this section, the Secretary, in conjunction with the State of Washington and in consultation with the Yakama Nation, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a progress report on the development and implementation of the Integrated Plan.
“(B) Requirements—The progress report under this paragraph shall—
“(i) provide a review and reassessment, if needed, of the objectives of the Integrated Plan, as applied to all elements of the Integrated Plan;
“(ii) assess, through performance metrics developed at the initiation of, and measured throughout the implementation of, the Integrated Plan, the degree to which the implementation of the initial development phase addresses the objectives and all elements of the Integrated Plan;
“(iii) identify the amount of Federal funding and non-Federal contributions received and expended during the period covered by the report;
“(iv) describe the pace of project development during the period covered by the report;
“(v) identify additional projects and activities proposed for inclusion in any future phase of the Integrated Plan to address the objectives of the Integrated Plan, as applied to all elements of the Integrated Plan; and
“(vi) for water supply projects—
“(I) provide a preliminary discussion of the means by which—
“(aa) water and costs associated with each recommended project would be allocated among authorized uses; and
“(bb) those allocations would be consistent with the objectives of the Integrated Plan; and
“(II) establish a plan for soliciting and formalizing subscriptions among individuals and entities for participation in any of the recommended water supply projects that will establish the terms for participation, including fiscal obligations associated with subscription.
“(b) Financing, construction, operation, and maintenance of Kachess Drought Relief Pumping Plant and K to K Pipeline
“(1) Agreements—Long-term agreements negotiated between the Secretary and participating proratable irrigation entities in the Yakima Basin for the non-Federal financing, construction, operation, and maintenance of the Drought Relief Pumping Plant and K to K Pipeline shall include provisions regarding—
“(A) responsibilities of the participating proratable irrigation entities for the planning, design, and construction of infrastructure in consultation and coordination with the Secretary;
“(B) property titles and responsibilities of the participating proratable irrigation entities for the maintenance of and liability for all infrastructure constructed under this title;
“(C) operation and integration of the projects by the Secretary in the operation of the Yakima Project;
“(D) costs associated with the design, financing, construction, operation, maintenance, and mitigation of projects, with the costs of Federal oversight and review to be nonreimbursable to the participating proratable irrigation entities and the Yakima Project; and
“(E) responsibilities for the pumping and operational costs necessary to provide the total water supply available made inaccessible due to drought pumping during the preceding 1 or more calendar years, in the event that the Kachess Reservoir fails to refill as a result of pumping drought storage water during the preceding 1 or more calendar years, which shall remain the responsibility of the participating proratable irrigation entities.
“(2) Use of Kachess Reservoir stored water
“(A) In general—The additional stored water made available by the construction of facilities to access and deliver inactive storage in Kachess Reservoir under subsection (a)(2)(A)(ii)(I) shall—
“(i) be considered to be Yakima Project water;
“(ii) not be part of the total water supply available, as that term is defined in various court rulings; and
“(iii) be used exclusively by the Secretary—
“(I) to enhance the water supply in years when the total water supply available is not sufficient to provide 70 percent of proratable entitlements in order to make that additional water available up to 70 percent of proratable entitlements to the Kittitas Reclamation District, the Roza Irrigation District, or other proratable irrigation entities participating in the construction, operation, and maintenance costs of the facilities under this title under such terms and conditions to which the districts may agree, subject to the conditions that—
“(aa) the Bureau of Indian Affairs, the Wapato Irrigation Project, and the Yakama Nation, on an election to participate, may also obtain water from Kachess Reservoir inactive storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions to which the Bureau of Indian Affairs and the Yakama Nation may agree; and
“(bb) the additional supply made available under this clause shall be available to participating individuals and entities in proportion to the proratable entitlements of the participating individuals and entities, or in such other proportion as the participating entities may agree; and
“(II) to facilitate reservoir operations in the reach of the Yakima River between Keechelus Dam and Easton Dam for the propagation of anadromous fish.
“(B) Effect of paragraph—Nothing in this paragraph affects (as in existence on the date of enactment of this section) any contract, law (including regulations) relating to repayment costs, water right, or Yakama Nation treaty right.
“(3) Commencement—The Secretary shall not commence entering into agreements pursuant to subsection (a)(2)(A)(ii) or subsection (b)(1) or implementing any activities pursuant to the agreements before the date on which—
“(A) all applicable and required feasibility studies, environmental reviews, and cost-benefit analyses have been completed and include favorable recommendations for further project development, including an analysis of—
“(i) the impacts of the agreements and activities conducted pursuant to subsection (a)(2)(A)(ii) on adjacent communities, including potential fire hazards, water access for fire districts, community and homeowner wells, future water levels based on projected usage, recreational values, and property values; and
“(ii) specific options and measures for mitigating the impacts, as appropriate;
“(B) the Secretary has made the agreements and any applicable project designs, operations plans, and other documents available for public review and comment in the Federal Register for a period of not less than 60 days; and
“(C) the Secretary has made a determination, consistent with applicable law, that the agreements and activities to which the agreements relate—
“(i) are in the public interest; and
“(ii) could be implemented without significant adverse impacts to the environment.
“(4) Electrical power associated with Kachess drought relief pumping plant
“(A) In general—The Administrator of the Bonneville Power Administration, pursuant to the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839 et seq.), shall provide to the Secretary project power to operate the Kachess Pumping Plant constructed under this title if inactive storage in Kachess Reservoir is needed to provide drought relief for irrigation, subject to the requirements of subparagraphs (B) and (C).
“(B) Determination—Power may be provided under subparagraph (A) only if—
“(i) there is in effect a drought declaration issued by the State of Washington;
“(ii) there are conditions that have led to 70 percent or less water delivery to proratable irrigation districts, as determined by the Secretary; and
“(iii) the Secretary determines that it is appropriate to provide power under that subparagraph.
“(C) Period of availability—Power under subparagraph (A) shall be provided until the date on which the Secretary determines that power should no longer be provided under that subparagraph, but for not more than a 1-year period or the period during which the Secretary determines that drought mitigation measures are necessary in the Yakima River basin.
“(D) Rate—The Administrator of the Bonneville Power Administration shall provide power under subparagraph (A) at the then-applicable lowest Bonneville Power Administration rate for public body, cooperative, and Federal agency customers firm obligations, which as of the date of enactment of this section is the priority firm Tier 1 rate, and shall not include any irrigation discount.
“(E) Local provider—During any period in which power is not being provided under subparagraph (A), the power needed to operate the Kachess Pumping Plant shall be obtained by the Secretary from a local provider.
“(F) Costs—The cost of power for such pumping, station service power, and all costs of transmitting power from the Federal Columbia River Power System to the Yakima Enhancement Project pumping facilities shall be borne by irrigation districts receiving the benefits of that water.
“(G) Duties of commissioner—The Commissioner of Reclamation shall be responsible for arranging transmission for deliveries of Federal power over the Bonneville system through applicable tariff and business practice processes of the Bonneville system and for arranging transmission for deliveries of power obtained from a local provider.
“(c) Design and use of groundwater recharge projects
“(1) In general—Any water supply that results from an aquifer storage and recovery project shall not be considered to be a part of the total water supply available if—
“(A) the water for the aquifer storage and recovery project would not be available for use, but instead for the development of the project;
“(B) the aquifer storage and recovery project will not otherwise impair any water supply available for any individual or entity entitled to use the total water supply available; and
“(C) the development of the aquifer storage and recovery project will not impair fish or other aquatic life in any localized stream reach.
“(2) Project types—The Secretary may provide technical assistance for, and participate in, any of the following 3 types of groundwater recharge projects (including the incorporation of groundwater recharge projects into Yakima Project operations, as appropriate):
“(A) Aquifer recharge projects designed to redistribute Yakima Project water within a water year for the purposes of supplementing stream flow during the irrigation season, particularly during storage control, subject to the condition that if such a project is designed to supplement a mainstem reach, the water supply that results from the project shall be credited to instream flow targets, in lieu of using the total water supply available to meet those targets.
“(B) Aquifer storage and recovery projects that are designed, within a given water year or over multiple water years—
“(i) to supplement or mitigate for municipal uses;
“(ii) to supplement municipal supply in a subsurface aquifer; or
“(iii) to mitigate the effect of groundwater use on instream flow or senior water rights.
“(C) Aquifer storage and recovery projects designed to supplement existing irrigation water supply, or to store water in subsurface aquifers, for use by the Kittitas Reclamation District, the Roza Irrigation District, or any other proratable irrigation entity participating in the repayment of the construction, operation, and maintenance costs of the facilities under this section during years in which the total water supply available is insufficient to provide to those proratable irrigation entities all water to which the entities are entitled, subject to the conditions that—
“(i) the Bureau of Indian Affairs, the Wapato Irrigation Project, and the Yakama Nation, on an election to participate, may also obtain water from aquifer storage to enhance applicable existing irrigation water supply in accordance with such terms and conditions to which the Bureau of Indian Affairs and the Yakama Nation may agree; and
“(ii) nothing in this subparagraph affects (as in existence on the date of enactment of this section) any contract, law (including regulations) relating to repayment costs, water right, or Yakama Nation treaty right.
“(d) Federal cost-share
“(1) In general—The Federal cost-share of a project carried out under this section shall be determined in accordance with the applicable laws (including regulations) and policies of the Bureau of Reclamation.
“(2) Initial phase—The Federal cost-share for the initial development phase of the Integrated Plan shall not exceed 50 percent of the total cost of the initial development phase.
“(3) State and other contributions—The Secretary may accept as part of the non-Federal cost-share of a project carried out under this section, and expend as if appropriated, any contribution (including in-kind services) by the State of Washington or any other individual or entity that the Secretary determines will enhance the conduct and completion of the project.
“(4) Limitation on use of other Federal funds—Except as otherwise provided in this title, other Federal funds may not be used to provide the non-Federal cost-share of a project carried out under this section.
“(e) Savings and contingencies—Nothing in this section shall—
“(1) be a new or supplemental benefit for purposes of the Reclamation Reform Act of 1982 (43 U.S.C. 390aa et seq.);
“(2) affect any contract in existence on the date of enactment of this section that was executed pursuant to the reclamation laws;
“(3) affect any contract or agreement between the Bureau of Indian Affairs and the Bureau of Reclamation;
“(4) affect, waive, abrogate, diminish, define, or interpret the treaty between the Yakama Nation and the United States; or
“(5) constrain the continued authority of the Secretary to provide fish passage in the Yakima Basin in accordance with the Hoover Power Plant Act of 1984 (43 U.S.C. 619 et seq.).
“1214. Operational control of water supplies
“The Secretary shall retain authority and discretion over the management of project supplies to optimize operational use and flexibility to ensure compliance with all applicable Federal and State laws, treaty rights of the Yakama Nation, and legal obligations, including those contained in this Act. That authority and discretion includes the ability of the United States to store, deliver, conserve, and reuse water supplies deriving from projects authorized under this title.”
D Klamath Project Water and Power
Sec. 9301 Klamath Project
Addressing water management and power costs for irrigation— The Klamath Basin Water Supply Enhancement Act of 2000 (Public Law 106–498; 114 Stat. 2221) is amended—
by redesignating sections 4 through 6 as sections 5 through 7, respectively; and
by inserting after section 3 the following:
“4. Power and water management
“(a) Definitions—In this section:
“(1) Covered power use—The term covered power use means a use of power to develop or manage water for irrigation, wildlife purposes, or drainage on land that is—
“(A) associated with the Klamath Project, including land within a unit of the National Wildlife Refuge System that receives water due to the operation of Klamath Project facilities; or
“(B) irrigated by the class of users covered by the agreement dated April 30, 1956, between the California Oregon Power Company and Klamath Basin Water Users Protective Association and within the Off Project Area (as defined in the Upper Basin Comprehensive Agreement entered into on April 18, 2014), only if each applicable owner and holder of a possessory interest of the land is a party to that agreement (or a successor agreement that the Secretary determines provides a comparable benefit to the United States).
“(2) Klamath project
“(A) In general—The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon.
“(B) Inclusions—The term Klamath Project includes any dams, canals, and other works and interests for water diversion, storage, delivery, and drainage, flood control, and similar functions that are part of the project described in subparagraph (A).
“(3) Power cost benchmark—The term power cost benchmark means the average net delivered cost of power for irrigation and drainage at Reclamation projects in the area surrounding the Klamath Project that are similarly situated to the Klamath Project, including Reclamation projects that—
“(A) are located in the Pacific Northwest; and
“(B) receive project-use power.
“(b) Water, environmental, and power activities
“(1) In general—Pursuant to the reclamation laws and subject to appropriations and required environmental reviews, the Secretary may carry out activities, including entering into an agreement or contract or otherwise making financial assistance available—
“(A) to plan, implement, and administer programs to align water supplies and demand for irrigation water users associated with the Klamath Project, with a primary emphasis on programs developed or endorsed by local entities comprised of representatives of those water users;
“(B) to plan and implement activities and projects that—
“(i) avoid or mitigate environmental effects of irrigation activities; or
“(ii) restore habitats in the Klamath Basin watershed, including restoring tribal fishery resources held in trust; and
“(C) to limit the net delivered cost of power for covered power uses.
“(2) Effect—Nothing in subparagraph (A) or (B) of paragraph (1) authorizes the Secretary—
“(A) to develop or construct new facilities for the Klamath Project without appropriate approval from Congress under section 9 of the Reclamation Projects Act of 1939 (43 U.S.C. 485h); or
“(B) to carry out activities that have not otherwise been authorized.
“(c) Reducing power costs
“(1) In general—Not later than 180 days after the date of enactment of the Energy and Natural Resources Act of 2017, the Secretary, in consultation with interested irrigation interests that are eligible for covered power use and representative organizations of those interests, shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that—
“(A) identifies the power cost benchmark; and
“(B) recommends actions that, in the judgment of the Secretary, are necessary and appropriate to ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark, including a description of—
“(i) actions to immediately reduce power costs and to have the net delivered power cost for covered power use be equal to or less than the power cost benchmark in the near term, while longer-term actions are being implemented;
“(ii) actions that prioritize water and power conservation and efficiency measures and, to the extent actions involving the development or acquisition of power generation are included, renewable energy technologies (including hydropower);
“(iii) the potential costs and timeline for the actions recommended under this subparagraph;
“(iv) provisions for modifying the actions and timeline to adapt to new information or circumstances; and
“(v) a description of public input regarding the proposed actions, including input from water users that have covered power use and the degree to which those water users concur with the recommendations.
“(2) Implementation—Not later than 180 days after the date of submission of the report under paragraph (1), the Secretary shall implement those recommendations described in the report that the Secretary determines will ensure that the net delivered power cost for covered power use is equal to or less than the power cost benchmark, subject to availability of appropriations, on the fastest practicable timeline.
“(3) Annual reports—The Secretary shall submit to each Committee described in paragraph (1) annual reports describing progress achieved in meeting the requirements of this subsection.
“(d) Treatment of power purchases
“(1) In general—Any purchase of power by the Secretary from the Bonneville Power Administration under this section shall be considered to be an authorized sale for purposes of section 5(b)(3) of the Pacific Northwest Electric Power Planning and Conservation Act (16 U.S.C. 839c(b)(3)).
“(2) Effect—Nothing in this section authorizes a sale of power from the Federal Columbia River Power System at rates, terms, or conditions better than those afforded preference customers of the Bonneville Power Administration.
“(e) Goals—The goals of activities under subsections (b) and (c) shall include, as applicable—
“(1) the short-term and long-term reduction and resolution of conflicts relating to water in the Klamath Basin watershed; and
“(2) compatibility and utility for protecting natural resources throughout the Klamath Basin watershed, including the protection, preservation, and restoration of Klamath River tribal fishery resources, particularly through collaboratively developed agreements.
“(f) Pumping Plant D—The Secretary may enter into 1 or more agreements with the Tulelake Irrigation District to reimburse the Tulelake Irrigation District for not more than 69 percent of the cost incurred by the Tulelake Irrigation District for the operation and maintenance of Pumping Plant D, on the condition that the cost benefits the United States.”
Conveyance of non-Project water; replacement of C Canal—
Definition of Klamath Project— In this subsection:
In general— The term Klamath Project means the Bureau of Reclamation project in the States of California and Oregon.
Inclusions— The term Klamath Project includes any dams, canals, and other works and interests for water diversion, storage, delivery, and drainage, flood control, and similar functions that are part of the project described in subparagraph (A).
Conveyance of non-Project water—
In general— An entity operating under a contract entered into with the United States for the operation and maintenance of Klamath Project works or facilities, and an entity operating any work or facility not owned by the United States that receives Klamath Project water, may use any of the Klamath Project works or facilities to convey non-Klamath Project water for any authorized purpose of the Klamath Project, subject to subparagraphs (B) and (C).
Permits; measurement— An addition, conveyance, and use of water pursuant to subparagraph (A) shall be subject to the requirements that—
the applicable entity shall secure all permits required under State or local laws; and
all water delivered into, or taken out of, a Klamath Project facility pursuant to that subparagraph shall be measured.
Effect— A use of non-Klamath Project water under this paragraph shall not—
adversely affect the delivery of water to any water user or land served by the Klamath Project; or
result in any additional cost to the United States.
Replacement of C Canal flume— The replacement of the C Canal flume within the Klamath Project shall be considered to be, and shall receive the treatment authorized for, emergency extraordinary operation and maintenance work in accordance with Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).
Administration—
Compliance— In implementing this section and the amendments made by this section, the Secretary shall comply with—
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); and
all other applicable laws.
Effect— Nothing in this section—
modifies the authorities or obligations of the United States with respect to the tribal trust and treaty obligations of the United States;
creates or determines water rights or affects water rights or water right claims in existence on the date of enactment of this Act; or
authorizes the use of Federal funds for the physical deconstruction of the Iron Gate, Copco 1, Copco 2, and John C. Boyle dams located on the Klamath River in California and Oregon.
E Equus Beds Division Extension
Sec. 9401 Equus Beds Division extension
Section 10(h) of Public Law 86–787 (74 Stat. 1026; 120 Stat. 1474) is amended by striking “10 years” and inserting “20 years”.
X Natural Hazards
A National volcano early warning and monitoring system
Sec. 10001 Definitions
Sec. 10002 National volcano early warning and monitoring system
Establishment—
In general— The Secretary shall establish within the United States Geological Survey a system, to be known as the “National Volcano Early Warning and Monitoring System”, to monitor, warn, and protect citizens of the United States from undue and avoidable harm from volcanic activity.
Purposes— The purposes of the System are—
to organize, modernize, standardize, and stabilize the monitoring systems of the volcano observatories in the United States, which includes the Alaska Volcano Observatory, California Volcano Observatory, Cascades Volcano Observatory, Hawaiian Volcano Observatory, and Yellowstone Volcano Observatory; and
to unify the monitoring systems of volcano observatories in the United States into a single interoperative system.
Objective— The objective of the System is to monitor all the volcanoes in the United States at a level commensurate with the threat posed by the volcanoes by—
upgrading existing networks on monitored volcanoes;
installing new networks on unmonitored volcanoes; and
employing geodetic and other components when applicable.
System components—
In general— The System shall include—
a national volcano watch office that is operational 24 hours a day and 7 days a week;
a national volcano data center; and
an external grants program to support research in volcano monitoring science and technology.
Modernization activities— Modernization activities under the System shall include the comprehensive application of emerging technologies, including digital broadband seismometers, real-time continuous Global Positioning System receivers, satellite and airborne radar interferometry, acoustic pressure sensors, and spectrometry to measure gas emissions.
Management—
Management plan—
In general— Not later than 180 days after the date of enactment of this Act, the Secretary shall submit to Congress a 5-year management plan for establishing and operating the System.
Inclusions— The management plan submitted under subparagraph (A) shall include—
annual cost estimates for modernization activities and operation of the System;
annual milestones, standards, and performance goals; and
recommendations for, and progress towards, establishing new, or enhancing existing, partnerships to leverage resources.
Advisory committee— The Secretary shall establish an advisory committee to assist the Secretary in implementing the System, to be comprised of representatives of relevant agencies and members of the scientific community, to be appointed by the Secretary.
Partnerships— The Secretary may enter into cooperative agreements with institutions of higher education and State agencies designating the institutions of higher education and State agencies as volcano observatory partners for the System.
Coordination— The Secretary shall coordinate the activities under this subtitle with the heads of relevant Federal agencies, including—
the Secretary of Transportation;
the Administrator of the Federal Aviation Administration;
the Administrator of the National Oceanic and Atmospheric Administration; and
the Director of the Federal Emergency Management Administration.
Annual report— Annually, the Secretary shall submit to Congress a report that describes the activities carried out under this subtitle.
Sec. 10003 Funding
Authorization of appropriations— There are authorized to be appropriated such sums as are necessary to carry out this subtitle for each of fiscal years 2017 through 2027.
Effect on other sources of Federal funding— Amounts made available under this section shall supplement, and not supplant, Federal funds made available for other United States Geological Survey hazards activities and programs.
B National landslide hazards reduction program
Sec. 10101 Definitions
In this subtitle:
3D— The term 3D means 3-dimensional.
3D elevation data—
In general— The term 3D elevation data means 3D, high-resolution data obtained using lidar, ifsar, or other methods over the United States (including territories).
Inclusions— The term 3D elevation data includes terrestrial and bathymetric elevation data.
3D elevation program— The term 3D Elevation Program means the 3D Elevation Program established under section 10104(a).
Ifsar— The term ifsar means interferometric synthetic aperture radar.
Indian tribe— The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Lidar— The term lidar means light detection and ranging.
Secretary— The term Secretary means the Secretary, acting through the Director of the United States Geological Survey.
State— The term State means any unit of State government handling the identification, mapping, assessment, and research of landslide hazards or responding to landslide events, including—
a State geological survey office;
a State department of emergency response; and
a State department of transportation.
Sec. 10102 National landslide hazards reduction program
Establishment— The Secretary shall establish a program, to be known as the “National Landslide Hazards Reduction Program” (referred to in this section as the “program”)—
to identify and understand landslide hazards and risks;
to reduce losses from landslides;
to protect communities at risk of landslide hazards; and
to help improve communication and emergency preparedness, including by coordinating with communities and entities responsible for infrastructure that are at risk of landslide hazards.
Description of program—
Program activities— The Secretary, in coordination with the Interagency Coordinating Committee on Landslide Hazards established by subsection (c)(1) (referred to in this section as the “Committee”) and in coordination with existing activities of the United States Geological Survey and other Federal agencies, shall—
identify, map, assess, and research landslide hazards;
respond to landslide events; and
in coordination with States and Indian tribes—
establish working groups with States and Indian tribes to identify regional and local priorities for researching, identifying, mapping, and assessing landslide hazards; and
develop and implement landslide hazard guidelines for—
geologists;
geological and geotechnical engineers; and
land use and other decisionmakers.
National strategy— Not later than 180 days after the date of enactment of this Act, and every 5 years thereafter, the Secretary, in coordination with the Committee, shall develop and publish a national strategy for landslide hazards and risk reduction in the United States, which shall include—
goals and priorities for the program;
priorities for data acquisition, research, communications, and risk management on landslides and landslide hazards across relevant Federal agencies; and
a detailed interagency plan to carry out the national strategy, including details about the programs, projects, and budgets that will be used to implement the national strategy.
National landslide hazards database— In carrying out the program, the Secretary, in coordination with States and Indian tribes, shall develop and maintain a publicly accessible national landslide hazard and risk inventory database to compile, maintain, standardize, and evaluate data regarding—
landslide hazards and risks nationwide;
the nationwide impact of landslides on—
health and safety;
the economy and infrastructure; and
the environment;
landslide hazard stabilization; and
reduction of losses from landslides.
Landslide hazard and risk preparedness for communities— In carrying out the program, the Secretary, in coordination with the Secretary of the Army, the Secretary of Commerce, the Secretary of Homeland Security, the Secretary of Transportation, and the heads of other relevant Federal agencies, and in consultation with States and Indian tribes, shall develop and disseminate—
landslide planning and risk reduction guidance, guidelines, maps, tools, and training materials to help inform State, local, and tribal governments and decisionmakers with respect to—
the use and implementation of landslide hazard assessments;
the applied use of the database developed under paragraph (3);
reducing losses from landslides; and
resources available for communities working to improve landslide hazard preparedness; and
landslide preparedness curricula and training modules for—
State, local, and tribal officials;
Federal, State, local, and tribal emergency managers; and
the National Guard.
Flash flood and debris flow early warning system— In carrying out the program, the Secretary, in coordination with the Secretary of Commerce, shall expand the early warning system for flash floods and debris flow by—
expanding the early warning system for post-wildfire debris flow to include recently burned areas across the western United States;
developing procedures with State, local, and tribal governments to monitor stormwater drainage in areas with high flash flood and debris flow risk; and
identifying high-risk debris flow areas, such as recently burned land and potential lahar hazard areas.
Emergency response activities— In carrying out the program, the Secretary, in coordination with the Secretary of Commerce, the Secretary of Homeland Security, the heads of other relevant Federal agencies, States, and Indian tribes, shall establish emergency response procedures for the rapid deployment of Federal scientists, equipment, and services to areas impacted by a significant landslide event—
to support emergency response efforts and improve the safety of emergency responders;
to improve data collection; and
to conduct research to advance the understanding of the causes, impacts, and reduction of landslide hazards and risks.
Interagency Coordinating Committee on Landslide Hazards—
In general— There is established a committee, to be known as the “Interagency Coordinating Committee on Landslide Hazards”.
Membership— The Committee shall be composed of the following members (or their designees):
The Secretary, who shall serve as Chairperson of the Committee.
The Secretary of the Army.
The Secretary of Commerce.
The Secretary of Homeland Security.
The Secretary of Transportation.
The Director of the National Science Foundation.
The Director of the Office of Science and Technology Policy.
The Director of the Office of Management and Budget.
Meetings— The Committee shall meet at the call of the Chairperson.
Purpose and duties— The Committee shall—
advise and oversee the program;
facilitate communication and coordination across Federal agencies in the planning, management, budgeting, and execution of landslide activities; and
support the development and execution of the national strategy under subsection (b)(2), including by—
supporting the development of national goals and priorities for the national strategy;
articulating Federal agency roles, responsibilities, and resources for carrying out the national strategy; and
overseeing the implementation of the national strategy.
Advisory Committee—
In general— The Secretary shall establish an advisory committee, to be known as the “Advisory Committee on Landslides” (referred to in this subsection as the Advisory Committee).
Membership— The Advisory Committee shall be composed of not fewer than 11 members—
of whom none may be an individual described in any of subparagraphs (A) through (F) of section 7342(a)(1) of title 5, United States Code; and
who shall be representatives of—
States, including State geological organizations;
Indian tribes, including tribal geological organizations;
research institutions and institutions of higher education that are qualified—
to provide advice regarding landslide hazard and risk reduction; and
to represent related scientific, architectural, engineering, and planning disciplines;
industry standards development organizations; and
State, local, and tribal emergency management agencies.
Recommendations—
In general— The Advisory Committee shall submit to the Committee recommendations for the implementation of the program, including recommendations regarding—
landslide hazard and risk reduction and planning;
tools for communities;
research; and
such other topics as the Advisory Committee determines appropriate.
Consideration— The Secretary and the agency heads described in subparagraphs (A) through (H) of subsection (c)(2) shall take into consideration any recommendation of the Advisory Committee submitted under subparagraph (A).
Grant programs—
Cooperative landslide hazard mapping and assessment program—
In general— Subject to appropriations, the Secretary may—
provide grants, on a competitive basis, to State, local, and tribal governments to research, map, assess, and collect data on landslide hazards within the jurisdictions of those governments; and
accept and use funds received from other Federal and non-Federal partners to advance the purposes of the program.
Priority—
In general— The Secretary shall consult annually with the Committee, States, and Indian tribes to establish priorities for the grant program under this paragraph.
Funding prioritization— In providing grants under this paragraph, the Secretary shall give priority to projects that—
will achieve the greatest landslide hazard and risk reduction;
reflect the goals and priorities of the national strategy established under subsection (b)(2)(A);
would receive not more than 50 percent of the total cost of the project from non-Federal sources; and
include acquisition of enhanced elevation data consistent with the 3D Elevation Program.
National landslide research grants— In providing grants for landslide research and development, the Director of the National Science Foundation, in consultation with the Secretary and the Committee, shall ensure that the grants are provided on a competitive basis to State, local, and tribal governments, institutions of higher education, and nongovernmental entities to advance the goals and priorities of the national strategy established under subsection (b)(2)(A), including for research and development on—
the causes, mechanisms, triggers, hydrology, and geology of landslides;
ways to reduce landslide hazards and risks to minimize loss of life and property, including landslide hazard and risk communication, perception, decisionmaking, tools, and technologies; and
other goals and priorities of the national strategy established under subsection (b)(2)(A).
Annual report— The Secretary shall submit to Congress an annual report, including a description of, with respect to the preceding calendar year—
the goals and accomplishments of the Secretary and the agency heads described in subparagraphs (A) through (H) of subsection (c)(2) in carrying out the national strategy developed under subsection (b)(2), expressed—
by agency, program, and budgetary resource; and
by the goals and priorities of the national strategy established under subsection (b)(2)(A);
the results of the activities of the Committee under this section;
the extent to which any recommendations of the Advisory Committee under subsection (d)(3)(A) have been implemented;
the grants provided under this section during that preceding calendar year, including a description of—
each activity carried out using such a grant; and
the results of those activities; and
for each significant landslide event in the United States during that preceding calendar year—
a description of the landslide event and the implications of the event on communities, including life and property;
recommendations on how the identification of the landslide risk could have been improved prior to the event;
a description of the effectiveness of any warning and risk communication, including the dissemination of warnings by State, local, and tribal partners in the affected area;
recommendations to improve risk identification, reduction, and communication to landowners and local governments;
recommendations to improve landslide hazard preparedness and emergency response activities under this section; and
such other findings as the Secretary determines appropriate.
Sec. 10103 Ground subsidence
As the Secretary determines to be appropriate and subject to appropriations, the Secretary, through existing programs, shall advance the identification, mapping, research, and monitoring of subsidence and groundwater resource accounting, particularly in areas affected by drought.
Sec. 10104 3D Elevation Program
Establishment of 3D elevation program—
In general— The Secretary shall establish a program, to be known as the “3D Elevation Program”—
to provide 3D elevation data coverage for the United States;
to coordinate and facilitate the collection, dissemination, and use of 3D elevation data among Federal departments and agencies and non-Federal entities;
to produce standard, publicly accessible 3D elevation data products for the United States; and
to promote the collection, dissemination, and use of 3D elevation data among Federal, State, local, and tribal governments, communities, institutions of higher education, and the private sector through—
cooperative agreements;
the development and maintenance of spatial data infrastructure to provide quality control and deliver to the public 3D elevation data products;
the development of standards and guidelines for 3D elevation data acquisition to increase accessibility to 3D elevation data in a standard, easy-to-use format; and
the identification, assessment, and adoption of emerging technologies to improve the accuracy and efficiency of the 3D Elevation Program.
Management—
In general— The Secretary shall manage the 3D Elevation Program—
to ensure efficiency with respect to related activities of the Department of the Interior and other participating Federal departments and agencies; and
to meet the needs of Department of the Interior programs, stakeholders, and the public.
Other Federal departments and agencies— The head of each Federal department and agency involved in the acquisition, production, distribution, or application of 3D elevation data shall—
coordinate with the 3D Elevation Federal Interagency Coordinating Committee established under subsection (b) to acquire additional, enhanced 3D elevation data;
submit to the Secretary a description of priority areas of interest for 3D elevation data collection for use in providing grants and cooperative agreements under subsection (d);
implement policies and procedures for data acquisition and sharing that are consistent with standards and guidelines developed under the 3D Elevation Program;
participate in, and share the results and benefits of, the 3D Elevation Program, in accordance with standards and guidelines developed under the 3D Elevation Program; and
ensure that any 3D elevation data acquired with Federal grant funding—
meets 3D Elevation Program standards; and
is included in the national holdings of those data.
3D Elevation Federal Interagency Coordinating Committee—
Establishment— The Secretary, in coordination with the Secretary of Commerce, shall establish an interagency coordinating committee, to be known as the “3D Elevation Federal Interagency Coordinating Committee” (referred to in this subsection as the Committee), to better coordinate 3D elevation data management across the Federal Government.
Membership— The Committee shall be composed of the following members (or their designees):
The Secretary, who shall serve as Chairperson of the Committee.
The Secretary of Agriculture.
The Secretary of Commerce.
The Secretary of Homeland Security.
The Director of the National Science Foundation.
The Director of the Office of Science and Technology Policy.
The Director of the Office of Management and Budget.
The head of any other Federal department or agency, at the request of the Secretary.
Coordination— The Committee shall coordinate, as appropriate, with the existing activities of—
the 3D Elevation Program Executive Forum;
the Alaska Mapping Executive Committee;
the 3D Elevation Working Group; and
the 3D National Elevation Subcommittee.
Meetings— The Committee shall meet at the call of the Chairperson.
Duties— The Committee shall—
oversee the planning, management, and coordination of the 3D Elevation Program; and
develop, by not later than 1 year after the date of enactment of this Act, and update periodically thereafter—
a strategic plan that establishes goals and priorities for activities carried out under the 3D Elevation Program; and
a detailed management plan to implement the strategic plan.
Subcommittee of National Geospatial Advisory Committee—
Establishment—
In general— The Secretary shall establish, within the National Geospatial Advisory Committee, a subcommittee (referred to in this subsection as the Subcommittee).
Membership— The Subcommittee shall—
consist of not fewer than 11 members, of whom none may be a Federal officer or employee; and
include representatives of—
research and academic institutions;
industry standards development organizations;
units of State and local government; and
the private sector.
Duties—
Assessment— The Subcommittee shall conduct an assessment of—
trends and developments in—
the collection, dissemination, and use of 3D elevation data; and
science and technology relating to 3D elevation data;
the effectiveness of the 3D Elevation Program in carrying out the activities described in subsection (a)(1);
the need to revise or reorganize the 3D Elevation Program; and
the management, coordination, implementation, and activities of the 3D Elevation Program.
Report— Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 2 years thereafter, the Subcommittee shall submit to the Secretary and the 3D Elevation Federal Interagency Coordinating Committee established under subsection (b) a report that includes—
the findings of the assessment under subparagraph (A); and
recommendations of the Subcommittee based on those findings, if any.
Grants and cooperative agreements—
In general— The Secretary may make grants and enter into cooperative agreements with other Federal departments and agencies, units of tribal, State, or local government, institutions of higher education, nonprofit research institutions, or other organizations to facilitate the improvement of nationwide coverage of 3D elevation data.
Applications— To be eligible to receive a grant or enter into a cooperative agreement under this subsection, an entity described in paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.
Terms and conditions— A grant or cooperative agreement under this subsection shall be subject to such terms and conditions as the Secretary determines to be appropriate, including making data publically available and interoperable with other Federal datasets.
XI Indian Energy
A Indian Tribal Energy Development and Self-Determination Act amendments
Sec. 11001 Indian tribal energy resource development
in paragraph (2)—
in subparagraph (C), by striking “and” after the semicolon;
in subparagraph (D), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(E) consult with each applicable Indian tribe before adopting or approving a well spacing program or plan applicable to the energy resources of that Indian tribe or the members of that Indian tribe.”
by adding at the end the following:
“(4) Planning
“(A) In general—In carrying out the program established by paragraph (1), the Secretary shall provide technical assistance to interested Indian tribes to develop energy plans, including—
“(i) plans for electrification;
“(ii) plans for oil and gas permitting, renewable energy permitting, energy efficiency, electricity generation, transmission planning, water planning, and other planning relating to energy issues;
“(iii) plans for the development of energy resources and to ensure the protection of natural, historic, and cultural resources; and
“(iv) any other plans that would assist an Indian tribe in the development or use of energy resources.
“(B) Cooperation—In establishing the program under paragraph (1), the Secretary shall work in cooperation with the Office of Indian Energy Policy and Programs of the Department of Energy.”
Department of Energy Indian energy education planning and management assistance program— Section 2602(b)(2) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)(2)) is amended—
in the matter preceding subparagraph (A), by inserting “, intertribal organization,” after “Indian tribe”;
by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and
by inserting after subparagraph (B) the following:
“(C) activities to increase the capacity of Indian tribes to manage energy development and energy efficiency programs;”
Department of Energy loan guarantee program— Section 2602(c) of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)) is amended—
in paragraph (1), by inserting “or a tribal energy development organization” after “Indian tribe”;
in paragraph (3)—
in the matter preceding subparagraph (A), by striking “guarantee” and inserting “guaranteed”;
in subparagraph (A), by striking “or”;
in subparagraph (B), by striking the period at the end and inserting “; or”; and
by adding at the end the following:
“(C) a tribal energy development organization, from funds of the tribal energy development organization.”
in paragraph (5), by striking “The Secretary of Energy may” and inserting “Not later than 1 year after the date of enactment of the Energy and Natural Resources Act of 2017, the Secretary of Energy shall”.
Sec. 11002 Indian tribal energy resource regulation
Section 2603(c) of the Energy Policy Act of 1992 (25 U.S.C. 3503(c)) is amended—
in paragraph (1), by striking “on the request of an Indian tribe, the Indian tribe” and inserting “on the request of an Indian tribe or a tribal energy development organization, the Indian tribe or tribal energy development organization”; and
in paragraph (2)(B), by inserting “or tribal energy development organization” after “Indian tribe”.
Sec. 11003 Tribal energy resource agreements
in subsection (a)—
in paragraph (1)—
in subparagraph (A), by striking “or” after the semicolon at the end;
in subparagraph (B)—
by striking clause (i) and inserting the following:
“(i) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land; or”
in clause (ii)—
by inserting “, at least a portion of which have been” after “energy resources”;
by inserting “or produced from” after “developed on”; and
by striking “and” after the semicolon at the end and inserting “or”; and
by adding at the end the following:
“(C) pooling, unitization, or communitization of the energy mineral resources of the Indian tribe located on tribal land with any other energy mineral resource (including energy mineral resources owned by the Indian tribe or an individual Indian in fee, trust, or restricted status or by any other persons or entities) if the owner, or, if appropriate, lessee, of the resources has consented or consents to the pooling, unitization, or communitization of the other resources under any lease or agreement; and”
by striking paragraph (2) and inserting the following:
“(2) a lease or business agreement described in paragraph (1) shall not require review by, or the approval of, the Secretary under section 2103 of the Revised Statutes (25 U.S.C. 81), or any other provision of law (including regulations), if the lease or business agreement—
“(A) was executed—
“(i) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or
“(ii) by the Indian tribe and a tribal energy development organization for which the Indian tribe has obtained a certification pursuant to subsection (h); and
“(B) has a term that does not exceed—
“(i) 30 years; or
“(ii) in the case of a lease for the production of oil resources, gas resources, or both, 10 years and as long thereafter as oil or gas is produced in paying quantities.”
by striking subsection (b) and inserting the following:
“(b) Rights-of-Way—An Indian tribe may grant a right-of-way over tribal land without review or approval by the Secretary if the right-of-way—
“(1) serves—
“(A) an electric production, generation, transmission, or distribution facility (including a facility that produces electricity from renewable energy resources) located on tribal land;
“(B) a facility located on tribal land that extracts, produces, processes, or refines energy resources; or
“(C) the purposes, or facilitates in carrying out the purposes, of any lease or agreement entered into for energy resource development on tribal land;
“(2) was executed—
“(A) in accordance with the requirements of a tribal energy resource agreement in effect under subsection (e) (including the periodic review and evaluation of the activities of the Indian tribe under the agreement, to be conducted pursuant to subparagraphs (D) and (E) of subsection (e)(2)); or
“(B) by the Indian tribe and a tribal energy development organization for which the Indian tribe has obtained a certification pursuant to subsection (h); and
“(3) has a term that does not exceed 30 years.”
by striking subsection (d) and inserting the following:
“(d) Validity—No lease or business agreement entered into, or right-of-way granted, pursuant to this section shall be valid unless the lease, business agreement, or right-of-way is authorized by subsection (a) or (b).”
in subsection (e)—
by striking paragraph (1) and inserting the following:
“(1) In general
“(A) Authorization—On or after the date of enactment of the Energy and Natural Resources Act of 2017, a qualified Indian tribe may submit to the Secretary a tribal energy resource agreement governing leases, business agreements, and rights-of-way under this section.
“(B) Notice of complete proposed agreement—Not later than 60 days after the date on which the tribal energy resource agreement is submitted under subparagraph (A), the Secretary shall—
“(i) notify the Indian tribe as to whether the agreement is complete or incomplete;
“(ii) if the agreement is incomplete, notify the Indian tribe of what information or documentation is needed to complete the submission; and
“(iii) identify and notify the Indian tribe of the financial assistance, if any, to be provided by the Secretary to the Indian tribe to assist in the implementation of the tribal energy resource agreement, including the environmental review of individual projects.
“(C) Effect—Nothing in this paragraph precludes the Secretary from providing any financial assistance at any time to the Indian tribe to assist in the implementation of the tribal energy resource agreement.”
in paragraph (2)—
by striking “(2)(A)” and all that follows through the end of subparagraph (A) and inserting the following:
“(2) Procedure
“(A) Effective date
“(i) In general—On the date that is 271 days after the date on which the Secretary receives a tribal energy resource agreement from a qualified Indian tribe under paragraph (1), the tribal energy resource agreement shall take effect, unless the Secretary disapproves the tribal energy resource agreement under subparagraph (B).
“(ii) Revised tribal energy resource agreement—On the date that is 91 days after the date on which the Secretary receives a revised tribal energy resource agreement from a qualified Indian tribe under paragraph (4)(B), the revised tribal energy resource agreement shall take effect, unless the Secretary disapproves the revised tribal energy resource agreement under subparagraph (B).”
in subparagraph (B)—
by striking “(B)” and all that follows through clause (ii) and inserting the following:
“(B) Disapproval—The Secretary shall disapprove a tribal energy resource agreement submitted pursuant to paragraph (1) or (4)(B) only if—
“(i) a provision of the tribal energy resource agreement violates applicable Federal law (including regulations) or a treaty applicable to the Indian tribe;
“(ii) the tribal energy resource agreement does not include one or more provisions required under subparagraph (D); or”
in clause (iii)—
in the matter preceding subclause (I), by striking “includes” and all that follows through “section—” and inserting “does not include provisions that, with respect to any lease, business agreement, or right-of-way to which the tribal energy resource agreement applies—”;
by striking subclauses (I), (II), (V), (VIII), and (XV);
by redesignating clauses (III), (IV), (VI), (VII), (IX) through (XIV), and (XVI) as clauses (I), (II), (III), (IV), (V) through (X), and (XI), respectively;
in item (bb) of subclause (XI) (as redesignated by item (cc))—
by striking “or tribal”; and
by striking the period at the end and inserting a semicolon; and
by adding at the end the following:
“(XII) include a certification by the Indian tribe that the Indian tribe has—
“(aa) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or
“(bb) substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe; and
“(XIII) at the option of the Indian tribe, identify which functions, if any, authorizing any operational or development activities pursuant to a lease, right-of-way, or business agreement approved by the Indian tribe, that the Indian tribe intends to conduct.”
in subparagraph (C)—
by striking clauses (i) and (ii);
by redesignating clauses (iii) through (v) as clauses (ii) through (iv), respectively; and
by inserting before clause (ii) (as redesignated by subclause (II)) the following:
“(i) a process for ensuring that—
“(I) the public is informed of, and has reasonable opportunity to comment on, any significant environmental impacts of the proposed action; and
“(II) the Indian tribe provides responses to relevant and substantive public comments on any impacts described in subclause (I) before the Indian tribe approves the lease, business agreement, or right-of-way;”
in subparagraph (D)(ii), by striking “subparagraph (B)(iii)(XVI)” and inserting “subparagraph (B)(iv)(XI)”; and
by adding at the end the following:
“(F) Effective period—A tribal energy resource agreement that takes effect pursuant to this subsection shall remain in effect to the extent any provision of the tribal energy resource agreement is consistent with applicable Federal law (including regulations), unless the tribal energy resource agreement is—
“(i) rescinded by the Secretary pursuant to paragraph (7)(D)(iii)(II); or
“(ii) voluntarily rescinded by the Indian tribe pursuant to the regulations promulgated under paragraph (8)(B) (or successor regulations).”
in paragraph (4), by striking “date of disapproval” and all that follows through the end of subparagraph (C) and inserting the following:
“(A) a detailed, written explanation of—
“(i) each reason for the disapproval; and
“(ii) the revisions or changes to the tribal energy resource agreement necessary to address each reason; and
“(B) an opportunity to revise and resubmit the tribal energy resource agreement.”
in paragraph (6)—
in subparagraph (B)—
by striking “(B) Subject to” and inserting the following:
“(B) Subject only to”
by striking “subparagraph (D)” and inserting “subparagraphs (C) and (D)”;
in subparagraph (C), in the matter preceding clause (i), by inserting “to perform the obligations of the Secretary under this section and” before “to ensure”; and
in subparagraph (D), by adding at the end the following:
“(iii) Nothing in this section absolves, limits, or otherwise affects the liability, if any, of the United States for any—
“(I) term of any lease, business agreement, or right-of-way under this section that is not a negotiated term; or
“(II) losses that are not the result of a negotiated term, including losses resulting from the failure of the Secretary to perform an obligation of the Secretary under this section.”
in paragraph (7)—
in subparagraph (A), by striking “has demonstrated” and inserting “the Secretary determines has demonstrated with substantial evidence”;
in subparagraph (B), by striking “any tribal remedy” and inserting “all remedies (if any) provided under the laws of the Indian tribe”;
in subparagraph (D)—
in clause (i), by striking “determine” and all that follows through the end of the clause and inserting the following:
“(I) whether the petitioner is an interested party; and
“(II) if the petitioner is an interested party, whether the Indian tribe is not in compliance with the tribal energy resource agreement as alleged in the petition.”
in clause (ii), by striking “determination” and inserting “determinations”; and
in clause (iii), in the matter preceding subclause (I) by striking “agreement” the first place it appears and all that follows through “, including” and inserting “agreement pursuant to clause (i), the Secretary shall only take such action as the Secretary determines necessary to address the claims of noncompliance made in the petition, including”;
in subparagraph (E)(i), by striking “the manner in which” and inserting “, with respect to each claim made in the petition, how”; and
by adding at the end the following:
“(G) Notwithstanding any other provision of this paragraph, the Secretary shall dismiss any petition from an interested party that has agreed with the Indian tribe to a resolution of the claims presented in the petition of that party.”
in paragraph (8)—
by striking subparagraph (A);
by redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively; and
in subparagraph (A) (as redesignated by clause (ii))—
in clause (i), by striking “and” at the end;
in clause (ii), by adding “and” after the semicolon; and
by adding at the end the following:
“(iii) amend an approved tribal energy resource agreement to assume authority for approving leases, business agreements, or rights-of-way for development of another energy resource that is not included in an approved tribal energy resource agreement without being required to apply for a new tribal energy resource agreement;”
by adding at the end the following:
“(9) Effect—Nothing in this section authorizes the Secretary to deny a tribal energy resource agreement or any amendment to a tribal energy resource agreement, or to limit the effect or implementation of this section, due to lack of promulgated regulations.”
by redesignating subsection (g) as subsection (j); and
by inserting after subsection (f) the following:
“(g) Financial assistance in lieu of activities by the Secretary
“(1) In general—Any amounts that the Secretary would otherwise expend to operate or carry out any program, function, service, or activity (or any portion of a program, function, service, or activity) of the Department that, as a result of an Indian tribe carrying out activities under a tribal energy resource agreement, the Secretary does not expend, the Secretary shall, at the request of the Indian tribe, make available to the Indian tribe in accordance with this subsection.
“(2) Annual funding agreements—The Secretary shall make the amounts described in paragraph (1) available to an Indian tribe through an annual written funding agreement that is negotiated and entered into with the Indian tribe that is separate from the tribal energy resource agreement.
“(3) Effect of appropriations—Notwithstanding paragraph (1)—
“(A) the provision of amounts to an Indian tribe under this subsection is subject to the availability of appropriations; and
“(B) the Secretary shall not be required to reduce amounts for programs, functions, services, or activities that serve any other Indian tribe to make amounts available to an Indian tribe under this subsection.
“(4) Determination
“(A) In general—The Secretary shall calculate the amounts under paragraph (1) in accordance with the regulations adopted under section 11003(b) of the Energy and Natural Resources Act of 2017.
“(B) Applicability—The effective date or implementation of a tribal energy resource agreement under this section shall not be delayed or otherwise affected by—
“(i) a delay in the promulgation of regulations under section 11003(b) of the Energy and Natural Resources Act of 2017;
“(ii) the period of time needed by the Secretary to make the calculation required under paragraph (1); or
“(iii) the adoption of a funding agreement under paragraph (2).
“(h) Certification of tribal energy development organization
“(1) In general—Not later than 90 days after the date on which an Indian tribe submits an application for certification of a tribal energy development organization in accordance with regulations promulgated under section 11003(b) of the Energy and Natural Resources Act of 2017, the Secretary shall approve or disapprove the application.
“(2) Requirements—The Secretary shall approve an application for certification if—
“(A)
“(i) the Indian tribe has carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.); and
“(ii) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application, the contract or compact—
“(I) has been carried out by the Indian tribe without material audit exceptions (or without any material audit exceptions that were not corrected within the 3-year period); and
“(II) has included programs or activities relating to the management of tribal land; and
“(B)
“(i) the tribal energy development organization is organized under the laws of the Indian tribe;
“(ii)
“(I) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and one or more other Indian tribes) the tribal land of which is being developed; and
“(II) the organizing document of the tribal energy development organization requires that the Indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization;
“(iii) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and one or more other Indian tribes) the tribal land of which is being developed own and control at all times a majority of the interest in the tribal energy development organization; and
“(iv) the organizing document of the tribal energy development organization includes a statement that the organization shall be subject to the jurisdiction, laws, and authority of the Indian tribe.
“(3) Action by Secretary—If the Secretary approves an application for certification pursuant to paragraph (2), the Secretary shall, not more than 10 days after making the determination—
“(A) issue a certification stating that—
“(i) the tribal energy development organization is organized under the laws of the Indian tribe and subject to the jurisdiction, laws, and authority of the Indian tribe;
“(ii) the majority of the interest in the tribal energy development organization is owned and controlled by the Indian tribe (or the Indian tribe and one or more other Indian tribes) the tribal land of which is being developed;
“(iii) the organizing document of the tribal energy development organization requires that the Indian tribe with jurisdiction over the land maintain at all times the controlling interest in the tribal energy development organization;
“(iv) the organizing document of the tribal energy development organization requires that the Indian tribe (or the Indian tribe and one or more other Indian tribes the tribal land of which is being developed) own and control at all times a majority of the interest in the tribal energy development organization; and
“(v) the certification is issued pursuant this subsection;
“(B) deliver a copy of the certification to the Indian tribe; and
“(C) publish the certification in the Federal Register.
“(i) Sovereign immunity—Nothing in this section waives the sovereign immunity of an Indian tribe.”
Regulations— Not later than 1 year after the date of enactment of the Energy and Natural Resources Act of 2017, the Secretary shall promulgate or update any regulations that are necessary to implement this section, including provisions to implement—
section 2604(e)(8) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)(8)), including the process to be followed by an Indian tribe amending an existing tribal energy resource agreement to assume authority for approving leases, business agreements, or rights-of-way for development of an energy resource that is not included in the tribal energy resource agreement;
section 2604(g) of the Energy Policy Act of 1992 (25 U.S.C. 3504(g)) including the manner in which the Secretary, at the request of an Indian tribe, shall—
identify the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) that the Secretary will not have to operate or carry out as a result of the Indian tribe carrying out activities under a tribal energy resource agreement;
identify the amounts that the Secretary would have otherwise expended to operate or carry out each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (A); and
provide to the Indian tribe a list of the programs, functions, services, and activities (or any portions of programs, functions, services, or activities) identified pursuant to subparagraph (A) and the amounts associated with each program, function, service, and activity (or any portion of a program, function, service, or activity) identified pursuant to subparagraph (B); and
section 2604(h) of the Energy Policy Act of 1992 (25 U.S.C. 3504(h)), including the process to be followed by, and any applicable criteria and documentation required for, an Indian tribe to request and obtain the certification described in that section.
Sec. 11004 Technical assistance for Indian tribal governments
Section 2602(b) of the Energy Policy Act of 1992 (25 U.S.C. 3502(b)) is amended—
by redesignating paragraphs (3) through (6) as paragraphs (4) through (7), respectively; and
by inserting after paragraph (2) the following:
“(3) Technical and scientific resources—In addition to providing grants to Indian tribes under this subsection, the Secretary shall collaborate with the Directors of the National Laboratories in making the full array of technical and scientific resources of the Department of Energy available for tribal energy activities and projects.”
Sec. 11005 Conforming amendments
Definition of tribal energy development organization— Section 2601 of the Energy Policy Act of 1992 (25 U.S.C. 3501) is amended—
by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively;
by inserting after paragraph (8) the following:
“(9) The term qualified Indian tribe means an Indian tribe that has—
“(A) carried out a contract or compact under title I or IV of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5301 et seq.) for a period of not less than 3 consecutive years ending on the date on which the Indian tribe submits the application without material audit exception (or without any material audit exceptions that were not corrected within the 3-year period) relating to the management of tribal land or natural resources; or
“(B) substantial experience in the administration, review, or evaluation of energy resource leases or agreements or has otherwise substantially participated in the administration, management, or development of energy resources located on the tribal land of the Indian tribe.”
by striking paragraph (12) (as redesignated by paragraph (1)) and inserting the following:
“(12) The term tribal energy development organization means—
“(A) any enterprise, partnership, consortium, corporation, or other type of business organization that is engaged in the development of energy resources and is wholly owned by an Indian tribe (including an organization incorporated pursuant to section 17 of the Act of June 18, 1934 (25 U.S.C. 5124) (commonly known as the “Indian Reorganization Act”) or section 3 of the Act of June 26, 1936 (49 Stat. 1967, chapter 831) (commonly known as the “Oklahoma Indian Welfare Act”)); and
“(B) any organization of two or more entities, at least one of which is an Indian tribe, that has the written consent of the governing bodies of all Indian tribes participating in the organization to apply for a grant, loan, or other assistance under section 2602 or to enter into a lease or business agreement with, or acquire a right-of-way from, an Indian tribe pursuant to subsection (a)(2)(A)(ii) or (b)(2)(B) of section 2604.”
Indian tribal energy resource development— Section 2602 of the Energy Policy Act of 1992 (25 U.S.C. 3502) is amended—
in subsection (a)—
in paragraph (1), by striking “tribal energy resource development organizations” and inserting “tribal energy development organizations”; and
in paragraph (2), by striking “tribal energy resource development organizations” each place the term appears and inserting “tribal energy development organizations”; and
in subsection (b)(2), by striking “tribal energy resource development organization” and inserting “tribal energy development organization”.
Wind and hydropower feasibility study— Section 2606(c)(3) of the Energy Policy Act of 1992 (25 U.S.C. 3506(c)(3)) is amended by striking “energy resource development” and inserting “energy development”.
Conforming amendments— Section 2604(e) of the Energy Policy Act of 1992 (25 U.S.C. 3504(e)) is amended—
in paragraph (3)—
by striking “(3) The Secretary” and inserting the following:
“(3) Notice and comment; Secretarial review—The Secretary”
by striking “for approval”;
in paragraph (4), by striking “(4) If the Secretary” and inserting the following:
“(4) Action in case of disapproval—If the Secretary”
in paragraph (5)—
by striking “(5) If an Indian tribe” and inserting the following:
“(5) Provision of documents to Secretary—If an Indian tribe”
in the matter preceding subparagraph (A), by striking “approved” and inserting “in effect”;
in paragraph (6)—
by striking “(6)(A) In carrying out” and inserting the following:
“(6) Secretarial obligations and effect of section
“(A) In carrying out”
in subparagraph (A), by indenting clauses (i) and (ii) appropriately;
in subparagraph (B), by striking “approved” and inserting “in effect”; and
in subparagraph (D)—
in clause (i), by striking “an approved tribal energy resource agreement” and inserting “a tribal energy resource agreement in effect under this section”; and
in clause (ii), by striking “approved by the Secretary” and inserting “in effect”; and
in paragraph (7)—
by striking “(7)(A) In this paragraph” and inserting the following:
“(7) Petitions by interested parties
“(A) In this paragraph”
in subparagraph (A), by striking “approved by the Secretary” and inserting “in effect”;
in subparagraph (B), by striking “approved by the Secretary” and inserting “in effect”; and
in subparagraph (D)(iii)—
in subclause (I), by striking “approved”; and
in subclause (II)—
by striking “approval of” in the first place it appears; and
by striking “subsection (a) or (b)” and inserting “subsection (a)(2)(A)(i) or (b)(2)(A)”.
Sec. 11006 Report
In general— Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that details with respect to activities for energy development on Indian land, how the Department—
processes and completes the reviews of energy-related documents in a timely and transparent manner;
monitors the timeliness of agency review for all energy-related documents;
maintains databases to track and monitor the review and approval process for energy-related documents associated with conventional and renewable Indian energy resources that require Secretarial approval prior to development, including—
any seismic exploration permits;
permission to survey;
archeological and cultural surveys;
access permits;
environmental assessments;
oil and gas leases;
surface leases;
rights-of-way agreements; and
communitization agreements;
identifies in the databases—
the date lease applications and permits are received by the agency;
the status of the review;
the date the application or permit is considered complete and ready for review;
the date of approval; and
the start and end dates for any significant delays in the review process;
tracks in the databases, for all energy-related leases, agreements, applications, and permits that involve multiple agency review—
the dates documents are transferred between agencies;
the status of the review;
the date the required reviews are completed; and
the date interim or final decisions are issued.
Inclusions— The report under subsection (a) shall include—
a description of any intermediate and final deadlines for agency action on any Secretarial review and approval required for Indian conventional and renewable energy exploration and development activities;
a description of the existing geographic database established by the Bureau of Indian Affairs, explaining—
how the database identifies—
the location and ownership of all Indian oil and gas resources held in trust;
resources available for lease; and
the location of—
any lease of land held in trust or restricted fee on behalf of any Indian tribe or individual Indian; and
any rights-of-way on that land in effect;
how the information from the database is made available to—
the officials of the Bureau of Indian Affairs with responsibility over the management and development of Indian resources; and
resource owners; and
any barriers to identifying the information described in subparagraphs (A) and (B) or any deficiencies in that information; and
an evaluation of—
the ability of each applicable agency to track and monitor the review and approval process of the agency for Indian energy development; and
the extent to which each applicable agency complies with any intermediate and final deadlines.
B Miscellaneous amendments
Sec. 11101 Issuance of preliminary permits or licenses
In general— Section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) is amended by striking “States and municipalities” and inserting “States, Indian tribes, and municipalities”.
Applicability— The amendment made by subsection (a) shall not affect—
any preliminary permit or original license issued before the date of enactment of the Energy and Natural Resources Act of 2017; or
an application for an original license, if the Commission has issued a notice accepting that application for filing pursuant to section 4.32(d) of title 18, Code of Federal Regulations (or successor regulations), before the date of enactment of the Energy and Natural Resources Act of 2017.
Definition of Indian tribe— For purposes of section 7(a) of the Federal Power Act (16 U.S.C. 800(a)) (as amended by subsection (a)), the term “Indian tribe” has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Sec. 11102 Tribal biomass demonstration project
Purpose— The purpose of this section is to establish a biomass demonstration project for federally recognized Indian tribes and Alaska Native corporations to promote biomass energy production.
Tribal biomass demonstration project— The Tribal Forest Protection Act of 2004 (25 U.S.C. 3115a) is amended—
in section 2(a), by striking “In this section” and inserting “In this Act”; and
by adding at the end the following:
“3. Tribal biomass demonstration project
“(a) Stewardship contracts or similar agreements—For each of fiscal years 2017 through 2021, the Secretary shall enter into stewardship contracts or similar agreements (excluding direct service contracts) with Indian tribes to carry out demonstration projects to promote biomass energy production (including biofuel, heat, and electricity generation) on Indian forest land and in nearby communities by providing reliable supplies of woody biomass from Federal land.
“(b) Demonstration projects—In each fiscal year for which projects are authorized, at least 4 new demonstration projects that meet the eligibility criteria described in subsection (c) shall be carried out under contracts or agreements described in subsection (a).
“(c) Eligibility criteria—To be eligible to enter into a contract or agreement under this section, an Indian tribe shall submit to the Secretary an application—
“(1) containing such information as the Secretary may require; and
“(2) that includes a description of—
“(A) the Indian forest land or rangeland under the jurisdiction of the Indian tribe; and
“(B) the demonstration project proposed to be carried out by the Indian tribe.
“(d) Selection—In evaluating the applications submitted under subsection (c), the Secretary shall—
“(1) take into consideration—
“(A) the factors set forth in paragraphs (1) and (2) of section 2(e); and
“(B) whether a proposed project would—
“(i) increase the availability or reliability of local or regional energy;
“(ii) enhance the economic development of the Indian tribe;
“(iii) result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
“(iv) improve the forest health or watersheds of Federal land or Indian forest land or rangeland;
“(v) demonstrate new investments in infrastructure; or
“(vi) otherwise promote the use of woody biomass; and
“(2) exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
“(e) Implementation—The Secretary shall—
“(1) ensure that the criteria described in subsection (c) are publicly available by not later than 120 days after the date of enactment of this section; and
“(2) to the maximum extent practicable, consult with Indian tribes and appropriate intertribal organizations likely to be affected in developing the application and otherwise carrying out this section.
“(f) Report—Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
“(1) each individual tribal application received under this section; and
“(2) each contract and agreement entered into pursuant to this section.
“(g) Incorporation of management plans—In carrying out a contract or agreement under this section, on receipt of a request from an Indian tribe, the Secretary shall incorporate into the contract or agreement, to the maximum extent practicable, management plans (including forest management and integrated resource management plans) in effect on the Indian forest land or rangeland of the respective Indian tribe.
“(h) Term—A contract or agreement entered into under this section—
“(1) shall be for a term of not more than 20 years; and
“(2) may be renewed in accordance with this section for not more than an additional 10 years.”
Alaska Native biomass demonstration project—
Definitions— In this subsection:
Federal land— The term Federal land means—
land of the National Forest System (as defined in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1609(a)) administered by the Secretary of Agriculture, acting through the Chief of the Forest Service; and
public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1702)), the surface of which is administered by the Secretary of the Interior, acting through the Director of the Bureau of Land Management.
Indian tribe— The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Secretary— The term Secretary means—
the Secretary of Agriculture, with respect to land under the jurisdiction of the Forest Service; and
the Secretary of the Interior, with respect to land under the jurisdiction of the Bureau of Land Management.
Tribal organization— The term tribal organization has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
Agreements— For each of fiscal years 2017 through 2021, the Secretary shall enter into an agreement or contract with an Indian tribe or a tribal organization to carry out a demonstration project to promote biomass energy production (including biofuel, heat, and electricity generation) by providing reliable supplies of woody biomass from Federal land.
Demonstration projects— In each fiscal year for which projects are authorized, at least 1 new demonstration project that meets the eligibility criteria described in paragraph (4) shall be carried out under contracts or agreements described in paragraph (2).
Eligibility criteria— To be eligible to enter into a contract or agreement under this subsection, an Indian tribe or tribal organization shall submit to the Secretary an application—
containing such information as the Secretary may require; and
that includes a description of the demonstration project proposed to be carried out by the Indian tribe or tribal organization.
Selection— In evaluating the applications submitted under paragraph (4), the Secretary shall—
take into consideration whether a proposed project would—
increase the availability or reliability of local or regional energy;
enhance the economic development of the Indian tribe;
result in or improve the connection of electric power transmission facilities serving the Indian tribe with other electric transmission facilities;
improve the forest health or watersheds of Federal land or non-Federal land;
demonstrate new investments in infrastructure; or
otherwise promote the use of woody biomass; and
exclude from consideration any merchantable logs that have been identified by the Secretary for commercial sale.
Implementation— The Secretary shall—
ensure that the criteria described in paragraph (4) are publicly available by not later than 120 days after the date of enactment of this Act; and
to the maximum extent practicable, consult with Indian tribes and appropriate tribal organizations likely to be affected in developing the application and otherwise carrying out this subsection.
Report— Not later than September 20, 2019, the Secretary shall submit to Congress a report that describes, with respect to the reporting period—
each individual application received under this subsection; and
each contract and agreement entered into pursuant to this subsection.
Term— A contract or agreement entered into under this subsection—
shall be for a term of not more than 20 years; and
may be renewed in accordance with this subsection for not more than an additional 10 years.
Sec. 11103 Weatherization program
Section 413(d) of the Energy Conservation and Production Act (42 U.S.C. 6863(d)) is amended—
by striking paragraph (1) and inserting the following:
“(1) Reservation of amounts
“(A) In general—Subject to subparagraph (B) and notwithstanding any other provision of this part, the Secretary shall reserve from amounts that would otherwise be allocated to a State under this part not less than 100 percent, but not more than 150 percent, of an amount which bears the same proportion to the allocation of that State for the applicable fiscal year as the population of all low-income members of an Indian tribe in that State bears to the population of all low-income individuals in that State.
“(B) Restrictions—Subparagraph (A) shall apply only if—
“(i) the tribal organization serving the low-income members of the applicable Indian tribe requests that the Secretary make a grant directly; and
“(ii) the Secretary determines that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly than a grant made to the State in which the low-income members reside.
“(C) Presumption—If the tribal organization requesting the grant is a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)) that has operated without material audit exceptions (or without any material audit exceptions that were not corrected within a 3-year period), the Secretary shall presume that the low-income members of the applicable Indian tribe would be equally or better served by making a grant directly to the tribal organization than by a grant made to the State in which the low-income members reside.”
in paragraph (2)—
by striking “The sums” and inserting “Administration.—The amounts”;
by striking “on the basis of his determination”;
by striking “individuals for whom such a determination has been made” and inserting “low-income members of the Indian tribe”; and
by striking “he” and inserting “the Secretary”; and
in paragraph (3), by striking “In order” and inserting “Application.—In order”.
Sec. 11104 Appraisals
In general— Title XXVI of the Energy Policy Act of 1992 (25 U.S.C. 3501 et seq.) is amended by adding at the end the following:
“2607. Appraisals
“(a) In general—For any transaction that requires approval of the Secretary and involves mineral or energy resources held in trust by the United States for the benefit of an Indian tribe or by an Indian tribe subject to Federal restrictions against alienation, any appraisal relating to fair market value of those resources required to be prepared under applicable law may be prepared by—
“(1) the Secretary;
“(2) the affected Indian tribe; or
“(3) a certified, third-party appraiser pursuant to a contract with the Indian tribe.
“(b) Secretarial review and approval—Not later than 45 days after the date on which the Secretary receives an appraisal prepared by or for an Indian tribe under paragraph (2) or (3) of subsection (a), the Secretary shall—
“(1) review the appraisal; and
“(2) approve the appraisal unless the Secretary determines that the appraisal fails to meet the standards set forth in regulations promulgated under subsection (d).
“(c) Notice of Disapproval—If the Secretary determines that an appraisal submitted for approval under subsection (b) should be disapproved, the Secretary shall give written notice of the disapproval to the Indian tribe and a description of—
“(1) each reason for the disapproval; and
“(2) how the appraisal should be corrected or otherwise cured to meet the applicable standards set forth in the regulations promulgated under subsection (d).
“(d) Regulations—The Secretary shall promulgate regulations to carry out this section, including standards the Secretary shall use for approving or disapproving the appraisal described in subsection (a).”
Sec. 11105 Leases of restricted lands for Navajo Nation
In general— Subsection (e)(1) of the first section of the Act of August 9, 1955 (commonly known as the “Long-Term Leasing Act”) (25 U.S.C. 415(e)(1)), is amended—
by striking “, except a lease for” and inserting “, including a lease for”;
by striking subparagraph (A) and inserting the following:
“(A) in the case of a business or agricultural lease, 99 years;”
in subparagraph (B), by striking the period at the end and inserting “; and”; and
by adding at the end the following:
“(C) in the case of a lease for the exploration, development, or extraction of any mineral resource (including geothermal resources), 25 years, except that—
“(i) any such lease may include an option to renew for 1 additional term of not to exceed 25 years; and
“(ii) any such lease for the exploration, development, or extraction of an oil or gas resource shall be for a term of not to exceed 10 years, plus such additional period as the Navajo Nation determines to be appropriate in any case in which an oil or gas resource is produced in a paying quantity.”
GAO report— Not later than 5 years after the date of enactment of this Act, the Comptroller General of the United States shall prepare and submit to Congress a report describing the progress made in carrying out the amendment made by subsection (a).
Sec. 11106 Extension of tribal lease period for the Crow Tribe of Montana
Subsection (a) of the first section of the Act of August 9, 1955 (25 U.S.C. 415(a)), is amended in the second sentence by inserting “, land held in trust for the Crow Tribe of Montana” after “Devils Lake Sioux Reservation”.
Sec. 11107 Trust status of lease payments
Treatment of lease payments—
In general— Except as provided in paragraph (2) and at the request of the Indian tribe or individual Indian, any advance payments, bid deposits, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian shall, upon receipt and prior to Secretarial approval of the contract or conveyance instrument, be held in the trust fund system for the benefit of the Indian tribe and individual Indian from whose land the funds were generated.
Restriction— If the advance payment, bid deposit, or other earnest money received by the Secretary results from competitive bidding, upon selection of the successful bidder, only the funds paid by the successful bidder shall be held in the trust fund system.
Use of funds—
In general— On the approval of the Secretary of a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (a)(1), the funds held in the trust fund system and described in subsection (a), along with all income generated from the investment of those funds, shall be disbursed to the Indian tribe or individual Indian landowners.
Administration— If a contract or other instrument for a sale, lease, permit, or any other conveyance described in subsection (a)(1) is not approved by the Secretary, the funds held in the trust fund system and described in subsection (a), along with all income generated from the investment of those funds, shall be paid to the party identified in, and in such amount and on such terms as set out in, the applicable regulations, advertisement, or other notice governing the proposed conveyance of the interest in the land at issue.
Applicability— This section shall apply to any advance payment, bid deposit, or other earnest money received by the Secretary in connection with the review and Secretarial approval under any other Federal law (including regulations) of a sale, lease, permit, or any other conveyance of any interest in any trust or restricted land of any Indian tribe or individual Indian on or after the date of enactment of this Act.