Committee Legislation

Bill Introduced Description
S.342 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.--Hearing on subcommittee on Public Lands, Forests, and Mining May 16, 2013.-- Reported to Senate without amendment favorably. June 27, 2013.--Reported to Senate without amendment. S. Rept. 113-59. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 113]. S.342 Pine Forest Range Recreation Enhancement Act of 2013 (Introduced in Senate - IS) S 342 IS 113th CONGRESS 1st Session S. 342 To designate the Pine Forest Range Wilderness area in Humboldt County, Nevada. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. REID (for himself and Mr. HELLER) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate the Pine Forest Range Wilderness area in Humboldt County, Nevada. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Pine Forest Range Recreation Enhancement Act of 2013'. SEC. 2. DEFINITIONS. In this Act: (1) COUNTY- The term `County' means Humboldt County, Nevada. (2) MAP- The term `Map' means the map entitled `Proposed Pine Forest Wilderness Area' and dated July 5, 2011. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Nevada. (5) WILDERNESS- The term `Wilderness' means the Pine Forest Range Wilderness designated by section 3(a). SEC. 3. ADDITION TO NATIONAL WILDERNESS PRESERVATION SYSTEM. (a) Designation- In furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 26,000 acres of Federal land managed by the Bureau of Land Management, as generally depicted on the Map, is designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Pine Forest Range Wilderness'. (b) Boundary- (1) ROAD ACCESS- The boundary of any portion of the Wilderness that is bordered by a road shall be 100 feet from the edge of the road. (2) ROAD ADJUSTMENTS- The Secretary shall-- (A) reroute the road running through Long Meadow to the west to remove the road from the riparian area; (B) reroute the road currently running through Rodeo Flat/Corral Meadow to the east to remove the road from the riparian area; and (C) close, except for administrative use, the road along Lower Alder Creek south of Bureau of Land Management road #2083. (3) RESERVOIR ACCESS- The boundary of the Wilderness shall be 160 feet downstream from the dam at Little Onion Reservoir. (c) Map and Legal Description- (1) 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 Wilderness. (2) EFFECT- The map and legal description prepared under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary may correct clerical and typographical errors in the map or legal description. (3) 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 Bureau of Land Management. (d) Withdrawal- Subject to valid existing rights, the Wilderness is withdrawn from-- (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under all laws relating to mineral and geothermal leasing or mineral materials. SEC. 4. ADMINISTRATION. (a) Management- Subject to valid existing rights, the Wilderness shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (1) any reference in the Wilderness Act to the effective date of that Act shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (b) Livestock- The grazing of livestock in the Wilderness, if established before the date of enactment of this Act, shall be allowed to continue, subject to such reasonable regulations, policies, and practices as the Secretary considers to be necessary in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405). (c) Incorporation of Acquired Land and Interests- Any land or interest in land within the boundary of the Wilderness that is acquired by the United States after the date of enactment of this Act shall be added to and administered as part of the Wilderness. (d) Adjacent Management- (1) IN GENERAL- Congress does not intend for the designation of the Wilderness to create a protective perimeter or buffer zone around the Wilderness. (2) NONWILDERNESS ACTIVITIES- The fact that nonwilderness activities or uses can be seen or heard from areas within the Wilderness shall not preclude the conduct of the activities or uses outside the boundary of the Wilderness. (e) Military Overflights- Nothing in this Act restricts or precludes-- (1) low-level overflights of military aircraft over the Wilderness, including military overflights that can be seen or heard within the Wilderness; (2) flight testing and evaluation; or (3) the designation or creation of new units of special use airspace, or the establishment of military flight training routes, over the Wilderness. (f) Wildfire, Insect, and Disease Management- In accordance with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)), the Secretary may take such measures in the Wilderness as are necessary for the control of fire, insects, and diseases (including, as the Secretary determines to be appropriate, the coordination of the activities with a State or local agency). (g) Wildfire Management Operations- Nothing in this Act precludes a Federal, State, or local agency from conducting wildfire management operations (including operations using aircraft or mechanized equipment). (h) Climatological Data Collection- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such terms and conditions as the Secretary may prescribe, the Secretary may authorize the installation and maintenance of hydrologic, meteorologic, or climatological collection devices in the Wilderness if the Secretary determines that the facilities and access to the facilities are essential to flood warning, flood control, or water reservoir operation activities. (i) Water Rights- (1) FINDINGS- Congress finds that-- (A) the land designated as wilderness by this Act is located-- (i) in the semiarid region of the Great Basin; and (ii) at the headwaters of the streams and rivers on land with respect to which there are few, if any-- (I) actual or proposed water resource facilities located upstream; and (II) opportunities for diversion, storage, or other uses of water occurring outside the land that would adversely affect the wilderness values of the land; (B) the land designated as wilderness by this Act is generally not suitable for use or development of new water resource facilities; and (C) because of the unique nature of the land designated as wilderness by this Act, it is possible to provide for proper management and protection of the wilderness and other values of land in ways different from those used in other laws. (2) PURPOSE- The purpose of this section is to protect the wilderness values of the land designated as wilderness by this Act by means other than a federally reserved water right. (3) STATUTORY CONSTRUCTION- Nothing in this Act-- (A) constitutes an express or implied reservation by the United States of any water or water rights with respect to the Wilderness; (B) affects any water rights in the State (including any water rights held by the United States) in existence on the date of enactment of this Act; (C) establishes a precedent with regard to any future wilderness designations; (D) affects the interpretation of, or any designation made under, any other Act; or (E) limits, alters, modifies, or amends any interstate compact or equitable apportionment decree that apportions water among and between the State and other States. (4) NEVADA WATER LAW- The Secretary shall follow the procedural and substantive requirements of State law in order to obtain and hold any water rights not in existence on the date of enactment of this Act with respect to the Wilderness. (5) NEW PROJECTS- (A) DEFINITION OF WATER RESOURCE FACILITY- (i) IN GENERAL- In this paragraph, the term `water resource facility' means irrigation and pumping facilities, reservoirs, water conservation works, aqueducts, canals, ditches, pipelines, wells, hydropower projects, transmission and other ancillary facilities, and other water diversion, storage, and carriage structures. (ii) EXCLUSION- In this paragraph, the term `water resource facility' does not include wildlife guzzlers. (B) RESTRICTION ON NEW WATER RESOURCE FACILITIES- Except as otherwise provided in this Act, on or after the date of enactment of this Act, neither the President nor any other officer, employee, or agent of the United States shall fund, assist, authorize, or issue a license or permit for the development of any new water resource facility within a wilderness area, any portion of which is located in the County. SEC. 5. RELEASE OF WILDERNESS STUDY AREAS. (a) Finding- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Blue Lakes and Alder Creek wilderness study areas not designated as wilderness by section 3(a) have been adequately studied for wilderness designation. (b) Release- Any public land described in subsection (a) that is not designated as wilderness by this Act-- (1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and (2) shall be managed in accordance with the applicable land use plans adopted under section 202 of that Act (43 U.S.C. 1712). SEC. 6. WILDLIFE MANAGEMENT. (a) In General- In accordance with section 4(d)(7) of the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this Act affects or diminishes the jurisdiction of the State with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, in the Wilderness. (b) Management Activities- In furtherance of the purposes and principles of the Wilderness Act (16 U.S.C. 1131 et seq.), the Secretary may conduct any management activities in the Wilderness that are necessary to maintain or restore fish and wildlife populations and the habitats to support the populations, if the activities are carried out-- (1) consistent with relevant wilderness management plans; and (2) in accordance with-- (A) the Wilderness Act (16 U.S.C. 1131 et seq.); and (B) appropriate policies, such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), including the occasional and temporary use of motorized vehicles if the use, as determined by the Secretary, would promote healthy, viable, and more naturally distributed wildlife populations that would enhance wilderness values with the minimal impact necessary to reasonably accomplish those tasks. (c) Existing Activities- Consistent with section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and in accordance with appropriate policies such as those set forth in Appendix B of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (House Report 101-405), the State may continue to use aircraft, including helicopters, to survey, capture, transplant, monitor, and provide water for wildlife populations in the Wilderness. (d) Hunting, Fishing, and Trapping- (1) IN GENERAL- The Secretary may designate areas in which, and establish periods during which, for reasons of public safety, administration, or compliance with applicable laws, no hunting, fishing, or trapping will be permitted in the Wilderness. (2) CONSULTATION- Except in emergencies, the Secretary shall consult with the appropriate State agency and notify the public before taking any action under paragraph (1). (e) Cooperative Agreement- (1) IN GENERAL- The State, including a designee of the State, may conduct wildlife management activities in the Wilderness-- (A) in accordance with the terms and conditions specified in the cooperative agreement between the Secretary and the State entitled `Memorandum of Understanding between the Bureau of Land Management and the Nevada Department of Wildlife Supplement No. 9' and signed November and December 2003, including any amendments to the cooperative agreement agreed to by the Secretary and the State; and (B) subject to all applicable laws (including regulations). (2) REFERENCES; CLARK COUNTY- For the purposes of this subsection, any reference to Clark County in the cooperative agreement described in paragraph (1)(A) shall be considered to be a reference to the Wilderness. SEC. 7. LAND EXCHANGES. (a) Definitions- In this section: (1) FEDERAL LAND- The term `Federal land' means Federal land in the County that is identified for disposal by the Secretary through the Winnemucca Resource Management Plan. (2) NON-FEDERAL LAND- The term `non-Federal land' means land identified on the Map as `non-Federal lands for exchange'. (b) Acquisition of Land and Interests in Land- Consistent with applicable law and subject to subsection (c), the Secretary may exchange the Federal land for non-Federal land. (c) Conditions- Each land exchange under subsection (a) shall be subject to-- (1) the condition that the owner of the non-Federal land pay not less than 50 percent of all costs relating to the land exchange, including the costs of appraisals, surveys, and any necessary environmental clearances; and (2) such additional terms and conditions as the Secretary may require. (d) Deadline for Completion of Land Exchange- It is the intent of Congress that the land exchanges under this section be completed by not later than 5 years after the date of enactment of this Act. SEC. 8. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES. Nothing in this Act alters or diminishes the treaty rights of any Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b)).
S.341 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.--Hearing by subcommittee on Public Lands, Forests, and Mining. June 18, 2013.--Full committee markup; ordered to be reported without amendment favorably. September 10, 2013.--Reported to the Senate with amendments. S. Rept. 113-99. September 10, 2013.--Placed on Senate Legislative Calendar [Calendar No. 177]. S.341 San Juan Mountains Wilderness Act (Introduced in Senate - IS) S 341 IS 113th CONGRESS 1st Session S. 341 To designate certain lands in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. UDALL of Colorado (for himself and Mr. BENNET) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain lands in San Miguel, Ouray, and San Juan Counties, Colorado, as wilderness, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `San Juan Mountains Wilderness Act'. SEC. 2. DEFINITIONS. In this Act: (1) COVERED LAND- The term `covered land' means-- (A) land designated as wilderness under paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756); and (B) land in the Special Management Area. (2) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (3) SPECIAL MANAGEMENT AREA- The term `Special Management Area' means the Sheep Mountain Special Management Area designated by section 4(a). (4) STATE- The term `State' means the State of Colorado. SEC. 3. ADDITIONS TO THE NATIONAL WILDERNESS PRESERVATION SYSTEM. Section 2(a) of the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77; 107 Stat. 756) is amended by adding at the end the following: `(20) LIZARD HEAD WILDERNESS ADDITION- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 3,350 acres, as generally depicted on the map entitled `Proposed Wilson, Sunshine, Black Face and San Bernardo Additions to the Lizard Head Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Lizard Head Wilderness. `(21) MOUNT SNEFFELS WILDERNESS ADDITIONS- `(A) LIBERTY BELL AND LAST DOLLAR ADDITIONS- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 8,250 acres, as generally depicted on the map entitled `Proposed Liberty Bell and Last Dollar Additions to the Mt. Sneffels Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. `(B) WHITEHOUSE ADDITIONS- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison National Forests comprising approximately 13,000 acres, as generally depicted on the map entitled `Proposed Whitehouse Additions to the Mt. Sneffels Wilderness' and dated December 1, 2010, which is incorporated in, and shall be administered as part of, the Mount Sneffels Wilderness. `(22) MCKENNA PEAK WILDERNESS- Certain Federal land in the State of Colorado comprising approximately 8,600 acres of Bureau of Land Management land, as generally depicted on the map entitled `McKenna Peak Wilderness' and dated November 10, 2010, to be known as the `McKenna Peak Wilderness'.'. SEC. 4. SHEEP MOUNTAIN SPECIAL MANAGEMENT AREA. (a) Designation- Certain Federal land in the Grand Mesa, Uncompahgre, and Gunnison and San Juan National Forests comprising approximately 21,620 acres as generally depicted on the map entitled `Proposed Sheep Mountain Special Management Area' and dated December 2, 2010, is designated as the `Sheep Mountain Special Management Area'. (b) Purpose- The purpose of the Special Management Area is to conserve and protect for the benefit and enjoyment of present and future generations the geological, cultural, archaeological, paleontological, natural, scientific, recreational, wilderness, wildlife, riparian, historical, educational, and scenic resources of the Special Management Area. (c) Management- (1) IN GENERAL- The Secretary shall manage the Special Management Area in a manner that-- (A) conserves, protects, and enhances the resources and values of the Special Management Area described in subsection (b); (B) maintains or improves the wilderness character of the Special Management Area and the suitability of the Special Management Area for potential inclusion in the National Wilderness Preservation System; and (C) is in accordance with-- (i) the National Forest Management Act of 1976 (16 U.S.C. 1600 et seq.); (ii) this Act; and (iii) any other applicable laws. (2) PROHIBITIONS- The following shall be prohibited in the Special Management Area: (A) Permanent roads. (B) Except as necessary to meet the minimum requirements for the administration of the Federal land and to protect public health and safety-- (i) the use of motor vehicles, motorized equipment, or mechanical transport (other than provided in paragraph (3)); and (ii) the establishment of temporary roads. (3) AUTHORIZED ACTIVITIES- (A) IN GENERAL- The Secretary may allow any activities (including helicopter access for recreation and maintenance) that have been authorized by permit or license as of the date of enactment of this Act to continue within the Special Management Area, subject to such terms and conditions as the Secretary may require. (B) PERMITTING- The designation of the Special Management Area by subsection (a) shall not affect the issuance of permits relating to the activities covered under subparagraph (A) after the date of enactment of this Act. (d) Applicable Law- Water and water rights in the Special Management Area shall be administered in accordance with section 8 of the Colorado Wilderness Act of 1993 (Public Law 103-77; 107 Stat. 762), except that-- (1) any reference in that section to `the lands designated as wilderness by this Act', `the Piedra, Roubideau, and Tabeguache areas identified in section 9 of this Act, or the Bowen Gulch Protection Area or the Fossil Ridge Recreation Management Area identified in sections 5 and 6 of this Act', or `the areas described in sections 2, 5, 6, and 9 of this Act' shall be considered to be a reference to the `the Special Management Area'; and (2) any reference in that section to `this Act' shall be considered to be a reference to `the San Juan Mountains Wilderness Act'. SEC. 5. ADMINISTRATIVE PROVISIONS. (a) Authorized Events- The Secretary may continue to authorize the competitive running event permitted since 1992 in the vicinity of the Special Management Area and the Liberty Bell addition to the Mount Sneffels Wilderness designated by section 2(a)(21) of the Colorado Wilderness Act of 1993 (as added by section 3) in a manner compatible with the preservation of the areas as wilderness. (b) Fish and Wildlife- Nothing in this Act affects the jurisdiction or responsibility of the State with respect to fish and wildlife in the State. (c) No Buffer Zones- (1) IN GENERAL- Nothing in this Act creates a protective perimeter or buffer zone around covered land. (2) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use on land outside of the covered land can be seen or heard from within covered land shall not preclude the conduct of the activity or use outside the boundary of the covered land. (d) Maps and Legal Descriptions- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary or the Secretary of the Interior, as appropriate, shall file a map and a legal description of each wilderness area designated by paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (as added by section 3) and the Special Management Area with-- (A) the Committee on Natural Resources of the House of Representatives; and (B) the Committee on Energy and Natural Resources of the Senate. (2) FORCE OF LAW- Each map and legal description filed under paragraph (1) shall have the same force and effect as if included in this Act, except that the Secretary or the Secretary of the Interior, as appropriate, may correct clerical and typographical errors in each map and legal description. (3) PUBLIC AVAILABILITY- Each map and legal description filed under paragraph (1) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management and the Forest Service. (e) Acquisition of Land- (1) IN GENERAL- The Secretary or the Secretary of the Interior, as appropriate, may acquire any land or interest in land within the boundaries of the Special Management Area or the wilderness designated under paragraphs (20) through (22) of section 2(a) of the Colorado Wilderness Act of 1993 (as added by section 3) only through exchange, donation, or purchase from a willing seller. (2) MANAGEMENT- Any land or interest in land acquired under paragraph (1) shall be incorporated into, and administered as a part of, the wilderness or Special Management Area in which the land or interest in land is located. (f) Grazing- The grazing of livestock on covered land, if established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable regulations as are considered necessary by the Secretary with jurisdiction over the covered land, in accordance with-- (1) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (2) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405) and H.R. 5487 of the 96th Congress (H. Rept. 96-617). (g) Withdrawal- Subject to valid rights in existence on the date of enactment of this Act, the covered land and the approximately 6,600 acres generally depicted on the map entitled `Proposed Naturita Canyon Mineral Withdrawal Area' and dated January 26, 2010, is withdrawn from-- (1) entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 6. TECHNICAL CORRECTION. Subtitle E of title II of Public Law 111-11 (16 U.S.C. 460zzz et seq.) is amended-- (1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as section 2409; and (2) by inserting after section 2407 (16 U.S.C. 460zzz-6) the following: `SEC. 2408. RELEASE. `(a) In General- Congress finds that, for the purposes of section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez Canyon Wilderness Study Area not designated as wilderness by this subtitle have been adequately studied for wilderness designation. `(b) Release- Any public land referred to in subsection (a) that is not designated as wilderness by this subtitle-- `(1) is no longer subject to section 603(c) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1782(c)); and `(2) shall be managed in accordance with this subtitle and any other applicable laws.'.
S.340 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.--Hearing by subcommittee on Public Lands, Forests, and Mining June 18, 2013.--Full committee markup; ordererd to be reported with an amendment in the nature of a substitute favorably. September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-98. September 10, 2013.--Placed on Senate Legislative Calendar under General Orders. [Calendar No. 176]. S.340 Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act (Introduced in Senate - IS) S 340 IS 113th CONGRESS 1st Session S. 340 To provide for the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Ms. MURKOWSKI (for herself and Mr. BEGICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the settlement of certain claims under the Alaska Native Claims Settlement Act, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Southeast Alaska Native Land Entitlement Finalization and Jobs Protection Act'. SEC. 2. DEFINITIONS. In this Act: (1) MAPS- The term `maps' means the maps entitled `Sealaska Land Entitlement Finalization', numbered 1 through 17 and dated October 17, 2012, and numbered 18 and dated December 21, 2012. (2) SEALASKA- The term `Sealaska' means the Sealaska Corporation, a Regional Native Corporation established under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.). (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Alaska. SEC. 3. FINALIZATION OF ENTITLEMENT. (a) In General- If, not later than 90 days after the date of enactment of this Act, the Secretary receives a corporate resolution adopted by the board of directors of Sealaska agreeing to accept the conveyance of land described in subsection (b) in accordance with this Act as full and final satisfaction of the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)), the Secretary shall-- (1) implement the provisions of this Act; and (2) charge the entitlement pool under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) 70,075 acres, reduced by the number of acres deducted under subsection (b)(2), in fulfillment of the remaining land entitlement for Sealaska under that Act, notwithstanding whether the surveyed acreage of the 18 parcels of land generally depicted on the maps as `Sealaska Selections' and patented under section 4 is less than or more than 69,585 acres, reduced by the number of acres deducted under subsection (b)(2). (b) Final Entitlement- (1) IN GENERAL- Except as provided in paragraph (2), the land described in subsection (a) shall consist of-- (A) the 18 parcels of Federal land comprising approximately 69,585 acres that is generally depicted as `Sealaska Selections' on the maps; and (B) a total of not more than 490 acres of Federal land for cemetery sites and historical places comprised of parcels that are applied for in accordance with section 5. (2) DEDUCTION- (A) IN GENERAL- The Secretary shall deduct from the number of acres of Federal land described in paragraph (1)(A) the number of acres of Federal land for which the Secretary has issued a conveyance during the period beginning on August 1, 2012, and ending on the date of receipt of the resolution under subsection (a). (B) AGREEMENT- The Secretary, the Secretary of Agriculture, and Sealaska shall negotiate in good faith to make a mutually agreeable adjustment to the parcel of Federal land generally depicted on the maps entitled `Sealaska Land Entitlement Finalization', numbered 1 of 17, and dated October 17, 2012, and the map numbered 18 and dated December 21, 2012, to implement the deduction of acres required by subparagraph (A). (c) Effect of Acceptance- The resolution filed by Sealaska in accordance with subsection (a) shall-- (1) be final and irrevocable; and (2) without any further administrative action by the Secretary, result in-- (A) the relinquishment of all existing selections made by Sealaska under subsection 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and (B) the termination of all withdrawals by section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615), except to the extent a selection by a Village Corporation under subsections (b) and (d) of section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615) remains pending, until the date on which those selections are resolved. (d) Failure To Accept- If Sealaska fails to file the resolution in accordance with subsection (a)-- (1) the provisions of this Act shall cease to be effective; and (2) the Secretary shall, not later than 27 months after the date of enactment of this Act, complete the interim conveyance of the remaining land entitlement to Sealaska under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)) from prioritized selections on file with the Secretary on the date of enactment of this Act. (e) Scope of Law- Except as provided in subsections (d) and (f), this Act provides the exclusive authority under which the remaining land entitlement of Sealaska under section 14(h) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)) may be fulfilled. (f) Effect- Nothing in this Act affects any land that is-- (1) the subject of an application under subsection (h)(1) of section 14 of the Alaska Native Claims Settlement Act (43 U.S.C. 1613) that is pending on the date of enactment of this Act; and (2) conveyed in accordance with that subsection. SEC. 4. CONVEYANCES TO SEALASKA. (a) Interim Conveyance- Subject to valid existing rights, subsections (c), (d), and (e), section 3(b), and section 6(a), the Secretary shall complete the interim conveyance of the 18 parcels of Federal land comprising approximately 69,585 acres generally depicted on the maps by the date that is 60 days after the date of receipt of the resolution under section 3(a), subject to the Secretary identifying and reserving, by the date that is 2 years after the date of enactment of this Act, any easement that could have been reserved in accordance with this Act prior to the interim conveyance. (b) Withdrawal- (1) IN GENERAL- Subject to valid existing rights, the Federal land described in subsection (a) is withdrawn from-- (A) all forms of appropriation under the public land laws; (B) location, entry, and patent under the mining laws; (C) disposition under laws relating to mineral or geothermal leasing; and (D) selection under the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508). (2) TERMINATION- The withdrawal under paragraph (1) shall remain in effect until-- (A) if Sealaska fails to file a resolution in accordance with section 3(a), the date that is 90 days after the date of enactment of this Act; or (B) the date on which the Federal land is conveyed under subsection (a). (c) Treatment of Land Conveyed- Except as otherwise provided in this Act, any land conveyed to Sealaska under subsection (a) shall be-- (1) considered to be land conveyed by the Secretary under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)); and (2) subject to all laws (including regulations) applicable to entitlements under section 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(8)), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). (d) Easements- (1) PUBLIC EASEMENTS- The deeds of conveyance for the land under subsection (a) shall be subject to the reservation of public easements under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)). (2) CONSERVATION EASEMENTS- (A) IN GENERAL- In the deeds of conveyance for the land under subsection (a), the Secretary shall reserve a conservation easement to protect the aquatic and riparian habitat extending 100 feet on each side of the anadromous water bodies depicted as `100 Foot Conservation Easement' on the maps numbered 3, 4, and 6. (B) PROHIBITION- The commercial harvest of timber within the conservation easements described in subparagraph (A) shall be prohibited, except that Sealaska may, for the purpose of harvesting timber outside of the conservation easement-- (i) maintain roads within the conservation easement that are in existence on the date of enactment of this Act; and (ii) construct temporary roads and yarding corridors across the conservation easements in accordance with the applicable National Forest System construction standards. (C) ADMINISTRATION- The Secretary of Agriculture shall administer the conservation easements described in subparagraph (A). (3) RESEARCH EASEMENT- In the deed of conveyance for the land generally depicted on the map entitled `Sealaska Land Entitlement Finalization', numbered 7 of 17, and dated October 17, 2012, the Secretary shall reserve an easement-- (A) to access and continue Forest Service research activities on the study plots located on the land; and (B) that shall remain in effect for a 10-year period beginning on the date of enactment of this Act. (4) KOSCUISKO ISLAND ROAD EASEMENT- (A) IN GENERAL- The deeds of conveyance for the land on Koscuisko Island under subsection (a) shall grant to Sealaska an easement providing access to and use by Sealaska of the log transfer facility at Shipley Bay on Koscuisko Island, subject to-- (i) the agreement under subparagraph (C); and (ii) the agreement under section 6(b). (B) SCOPE OF THE EASEMENT- The easement under subparagraph (A) shall enable Sealaska-- (i) to construct, use, and maintain a road connecting the Forest Service Road known as `Cape Pole Road' to the Forest Service Road known as `South Shipley Bay Road' within the corridor depicted on the map entitled `Sealaska Land Entitlement Finalization', numbered 3 of 17, and dated October 17, 2012; (ii) to use, maintain, and if necessary, reconstruct the Forest Service Road known as `South Shipley Bay Road' referred to in clause (i) to access the log transfer facility at Shipley Bay; and (iii) to use, maintain, and expand the log transfer and sort yard facility at Shipley Bay that is within the area depicted on the map entitled `Sealaska Land Entitlement Finalization', numbered 3 of 17 and dated October 17, 2012. (C) ROADS AND FACILITIES USE AGREEMENT- In addition to the agreement under section 6(b), the Secretary and Sealaska shall enter into an agreement relating to the access, use, maintenance, and improvement of the roads and facilities under this paragraph. (D) DETERMINATION OF LOCATION; LEGAL DESCRIPTION- Sealaska shall-- (i) in consultation with the Secretary, determine the location within the corridor of the centerline of the road described in subparagraph (B)(i); and (ii) provide to the Secretary a legal description of the centerline acceptable for granting the easement described in subparagraph (B)(i). (e) Hunting, Fishing, and Recreation- (1) IN GENERAL- Any land conveyed under subsection (a) that is located outside a withdrawal area designated under section 16(a) of the Alaska Native Claims Settlement Act (43 U.S.C. 1615(a)) shall remain open and available to subsistence uses, as that term is defined in section 803 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113), and noncommercial recreational hunting and fishing and other recreational uses by the public under applicable law-- (A) without liability on the part of Sealaska, except for willful acts, to any user as a result of the use; and (B) subject to-- (i) any reasonable restrictions that may be imposed by Sealaska on the public use-- (I) to ensure public safety; (II) to minimize conflicts between recreational and commercial uses; (III) to protect cultural resources; (IV) to conduct scientific research; or (V) to provide environmental protection; and (ii) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on use. (2) EFFECT- Access provided to any individual or entity under paragraph (1) shall not-- (A) create an interest in any third party in the land conveyed under subsection (a); or (B) provide standing to any third party in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the land conveyed under subsection (a), except as against Sealaska for the management of public access under paragraph (1). SEC. 5. CEMETERY SITES AND HISTORICAL PLACES. (a) In General- Notwithstanding section 14(h)(1)(E) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(E)), Sealaska may submit applications for the conveyance under section 14(h)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of not more than 76 cemetery sites and historical places-- (1) that are listed in the document entitled `Sealaska Cemetery Sites and Historical Places' and dated October 17, 2012; (2) that are cemetery sites and historical places included in the report by Wilsey and Ham, Inc., entitled `1975 Native Cemetery and Historic Sites of Southeast Alaska (Preliminary Report)' and dated October 1975; (3) for which Sealaska has not previously submitted an application; and (4) that are not located within a conservation system unit (as defined in section 102 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102)). (b) Procedure for Evaluating Applications- Except as otherwise provided in this section, the Secretary shall consider all applications submitted under this section in accordance with the criteria and procedures set forth in applicable regulations in effect as of the date of enactment of this Act. (c) Conveyance- The Secretary may convey cemetery sites and historical places under this section that result in the conveyance of a total of approximately 490 acres of Federal land comprised of parcels that are-- (1) applied for in accordance with this section; and (2) subject to-- (A) valid existing rights; (B) the public access provisions of subsection (g); (C) the condition that the conveyance of land for the site listed under subsection (a)(1) as `Bay of Pillars Portage' is limited to 25 acres in T.60 S., R.72 E., Sec. 28, Copper River Meridian; and (D) the condition that any access to or use of the cemetery sites and historical places shall be consistent with the management plans for adjacent public land, if the management plans are more restrictive than the laws (including regulations) applicable under subsection (i). (d) Timeline- No application for a cemetery site or historical place may be submitted under subsection (a) after the date that is 2 years after the date of enactment of this Act. (e) Consultation With Recognized Tribal Entity- Sealaska shall-- (1) consult with any affected federally recognized Indian tribe before submitting any application for a cemetery site or historical place located within the traditional territory of the Indian tribe; and (2) include with each application described in paragraph (1) a statement that the required consultation was carried out in accordance with that paragraph. (f) Selection of Additional Cemetery Sites- If Sealaska submits timely applications to the Secretary in accordance with subsections (a), (d), and (e), for all 76 sites listed under subsection (a)(1), and the Secretary rejects any of those applications in whole or in part-- (1) not later than 2 years after the date on which the Secretary completes the conveyance of eligible cemetery sites and historical places applied for under subsection (a), and subject to subsection (e), Sealaska may submit applications for the conveyance under section 14 (h)(1)(A) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)(A)) of additional cemetery sites that are not located in a conservation system unit described in (a)(4), the total acreage of which, together with the cemetery sites and historical places previously conveyed by the Secretary under subsection (c), shall not exceed 490 acres; and (2) the Secretary shall-- (A) consider any applications for the conveyance of additional cemetery sites in accordance with subsection (b); and (B) if the applications are approved, provide for the conveyance of the sites in accordance with subsection (c). (g) Public Access- (1) IN GENERAL- Subject to paragraph (2), any land conveyed under this section shall be subject to-- (A) the reservation of public easements under section 17(b) of the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b)); (B) public access across the conveyed land in cases in which no reasonable alternative access around the land is available, without liability to Sealaska, except for willful acts, to any user by reason of the use; and (C) public access within 25 feet of any Class I stream described in section 705(e) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 539d(e)) for noncommercial recreational and subsistence fishing, without liability to Sealaska, except for willful acts, to any user by reason of the use. (2) LIMITATIONS- The public access and use under subparagraphs (B) and (C) of paragraph (1) shall be subject to-- (A) any reasonable restrictions that may be imposed by Sealaska on the public access and use-- (i) to ensure public safety; (ii) to protect and conduct research on the historic, archaeological, and cultural resources of the conveyed land; or (iii) to provide environmental protection; (B) the condition that Sealaska post on any applicable property, in accordance with State law, notices of the restrictions on the public access and use; and (C) the condition that the public access and use shall not be incompatible with or in derogation of the values of the area as a cemetery site or historical place, as provided in section 2653.11 of title 43, Code of Federal Regulations (or a successor regulation). (3) EFFECT- Access provided to any individual or entity by paragraph (1) shall not-- (A) create an interest in any third party in the land conveyed under this section; or (B) provide standing to any third party in any review of, or challenge to, any determination by Sealaska with respect to the management or development of the land conveyed under this section, except as against Sealaska for the management of public access under paragraph (2). (h) Prohibition on Transfer or Loss- (1) PROHIBITION ON TRANSFER- Notwithstanding any other provision of law, Sealaska shall not-- (A) alienate, transfer, assign, mortgage, or pledge any cemetery site or historical place conveyed under this section to any person or entity other than the United States; or (B) permit development or improvement of the cemetery site or historical place for any use which is incompatible with, or is in derogation of, the values of the area as a cemetery site or historical place. (2) PROHIBITION ON LOSS- Notwithstanding any other provision of law, any cemetery site or historical place conveyed to Sealaska under this section shall be exempt from-- (A) adverse possession and similar claims based on estoppel; (B) real property taxes by any governmental entity; (C) title 11 of the United States Code or a successor law, any other insolvency or moratorium law, or any other law generally affecting creditors' rights; (D) judgments in any action at law or in equity to recover sums owed or penalties incurred by Sealaska or any employee, officer, director, or shareholder of Sealaska; and (E) involuntary distributions or conveyances to any person or entity other than the United States related to the involuntary dissolution of Sealaska. (i) Treatment of Land Conveyed- Except as otherwise provided in this Act, any land conveyed to Sealaska under this section shall be-- (1) considered land conveyed by the Secretary under section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)); and (2) subject to all laws (including regulations) applicable to conveyances under section 14(h)(1) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(h)(1)), including section 907(d) of the Alaska National Interest Lands Conservation Act (43 U.S.C. 1636(d)). SEC. 6. MISCELLANEOUS. (a) Special Use Authorizations- (1) IN GENERAL- On the conveyance of land to Sealaska under section 4(a)-- (A) any guiding or outfitting special use authorization issued by the Forest Service for the use of the conveyed land shall terminate; and (B) as a condition of the conveyance and consistent with section 14(g) of the Alaska Native Claims Settlement Act (43 U.S.C. 1613(g)), Sealaska shall allow the holder of the special use authorization terminated under subparagraph (A) to continue the authorized use, subject to the terms and conditions that were in the special use authorization issued by the Forest Service, for-- (i) the remainder of the term of the authorization; and (ii) 1 additional consecutive 10-year renewal period. (2) NOTICE OF COMMERCIAL ACTIVITIES- Sealaska and any holder of a guiding or outfitting authorization under this subsection shall have a mutual obligation, subject to the guiding or outfitting authorization, to inform the other party of any commercial activities prior to engaging in the activities on the land conveyed to Sealaska under section 4(a). (3) NEGOTIATION OF NEW TERMS- Nothing in this subsection precludes Sealaska and the holder of a guiding or outfitting authorization from negotiating a new mutually agreeable guiding or outfitting authorization. (4) LIABILITY- Neither Sealaska nor the United States shall bear any liability, except for willful acts of Sealaska or the United States, regarding the use and occupancy of any land conveyed to Sealaska under this Act, as provided in any outfitting or guiding authorization under this subsection. (b) Roads and Facilities- Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture and Sealaska shall negotiate in good faith to develop a binding agreement-- (1) for the use of National Forest System roads and related transportation facilities by Sealaska; and (2) the use of Sealaska roads and related transportation facilities by the Forest Service. (c) Traditional Trade and Migration Route Designations- (1) DESIGNATIONS- (A) THE INSIDE PASSAGE- The route from Yakutat to Dry Bay, as generally depicted on the map entitled `Traditional Trade and Migration Route, Neix naax aan nax--The Inside Passage' and dated October 17, 2012, is designated as `Neix naax aan nax' (`The Inside Passage'). (B) CANOE ROAD- The route from the Bay of Pillars to Port Camden, as generally depicted on the map entitled `Traditional Trade and Migration Route, Yakwdeiyi--Canoe Road' and dated October 17, 2012, is designated as `Yakwdeiyi' (`Canoe Road'). (C) THE PEOPLE'S ROAD- The route from Portage Bay to Duncan Canal, as generally depicted on the map entitled `Traditional Trade and Migration Route, Lingit Deiyi--The People's Road' and dated October 17, 2012, is designated `Lingit Deiyi' (`The People's Road'). (2) ACCESS TO TRADITIONAL TRADE AND MIGRATION ROUTES- The culturally and historically significant trade and migration routes designated by paragraph (1) shall be open to travel by Sealaska and the public in accordance with applicable law, subject to such terms, conditions, and special use authorizations as the Secretary of Agriculture may require. (d) Effect on Other Laws- (1) IN GENERAL- Nothing in this Act delays the duty of the Secretary to convey land to-- (A) the State under the Act of July 7, 1958 (commonly known as the `Alaska Statehood Act') (48 U.S.C. note prec. 21; Public Law 85-508); or (B) a Native Corporation under-- (i) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); or (ii) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). (2) CONVEYANCES- The Secretary shall promptly proceed with the conveyance of all land necessary to fulfill the final entitlement of all Native Corporations in accordance with-- (A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.); and (B) the Alaska Land Transfer Acceleration Act (43 U.S.C. 1611 note; Public Law 108-452). (e) Escrow Funds- If Sealaska files the resolution in accordance with section 3(a)-- (1) the escrow requirements of section 2 of Public Law 94-204 (43 U.S.C. 1613 note) shall apply to proceeds (including interest) derived from the land withdrawn under section 4(b) from the date of receipt of the resolution; and (2) Sealaska shall have no right to any proceeds (including interest) held pursuant to the escrow requirements of section 2 of Public Law 94-204 (43 U.S.C. 1613 note) that were derived from land originally withdrawn for selection by section 16 of the Alaska Native Claims Settlement Act (43 U.S.C. 1615), but not conveyed. (f) Maps- (1) AVAILABILITY- Each map referred to in this Act shall be available in the appropriate offices of the Secretary and the Secretary of Agriculture. (2) CORRECTIONS- The Secretary of Agriculture may make any necessary correction to a clerical or typographical error in a map referred to in this Act. SEC. 7. CONSERVATION AREAS. (a) LUD II Management Areas- If Sealaska files a resolution in accordance with section 3(a), section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 4428) is amended by adding at the end the following: `(13) BAY OF PILLARS- Certain land which comprises approximately 21,106 acres, as generally depicted on the map entitled `Bay of Pillars LUD II Management Area--Proposed' and dated October 17, 2012. `(14) KUSHNEAHIN CREEK- Certain land which comprises approximately 36,624 acres, as generally depicted on the map entitled `Kushneahin Creek LUD II Management Area--Proposed' and dated October 17, 2012. `(15) NORTHERN PRINCE OF WALES- Certain land which comprises approximately 9,064 acres, as generally depicted on the map entitled `Northern Prince of Wales LUD II Management Area--Proposed' and dated October 17, 2012. `(16) WESTERN KOSCIUSKO- Certain land which comprises approximately 7,786 acres, as generally depicted on the map entitled `Western Kosciusko LUD II Management Area--Proposed' and dated October 17, 2012. `(17) EASTERN KOSCIUSKO- Certain land which comprises approximately 1,664 acres, as generally depicted on the map entitled `Eastern Kosciusko LUD II Management Area--Proposed' and dated October 17, 2012. `(18) SARKAR LAKES- Certain land which comprises approximately 25,402 acres, as generally depicted on the map entitled `Sarkar Lakes LUD II Management Area--Proposed' and dated October 17, 2012. `(19) HONKER DIVIDE- Certain land which comprises approximately 15,584 acres, as generally depicted on the map entitled `Honker Divide LUD II Management Area--Proposed' and dated October 17, 2012. `(20) EEK LAKE AND SUKKWAN ISLAND- Certain land which comprises approximately 34,873 acres, as generally depicted on the map entitled `Eek Lake and Sukkwan Island LUD II Management Area--Proposed' and dated October 17, 2012.'. (b) No Buffer Zones- (1) IN GENERAL- The designation of the conservation areas by paragraphs (13) through (20) of section 508 of the Alaska National Interest Lands Conservation Act (Public Law 96-487; 104 Stat. 4428) (as added by subsection (a)) (referred to in this subsection as the `conservation areas') is not intended to lead to the creation of protective perimeters or buffer zones around the conservation areas. (2) OUTSIDE ACTIVITIES- The fact that activities outside of the conservation areas are not consistent with the purposes of the conservation areas or can be seen or heard within the conservation areas shall not preclude the activities or uses outside the boundary of the conservation areas.
S.339 Feb-14-13
STATUS: February 14, 2013.--Introduced November 20, 20213.—Hearing by Subcommittee. S.Hrg 113-342. S.339 Southeast Arizona Land Exchange and Conservation Act of 2013 (Introduced in Senate - IS) S 339 IS 113th CONGRESS 1st Session S. 339 To facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. MCCAIN (for himself and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To facilitate the efficient extraction of mineral resources in southeast Arizona by authorizing and directing an exchange of Federal and non-Federal land, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) Short Title- This Act may be cited as the `Southeast Arizona Land Exchange and Conservation Act of 2013'. (b) Table of Contents- The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings and purpose. Sec. 3. Definitions. Sec. 4. Land exchange. Sec. 5. Conveyance and management of non-Federal land. Sec. 6. Value adjustment payment to United States. Sec. 7. Withdrawal. Sec. 8. Apache leap. Sec. 9. Conveyances to town of Superior, Arizona. Sec. 10. Miscellaneous provisions. SEC. 2. FINDINGS AND PURPOSE. (a) Findings- Congress finds that-- (1) the land exchange furthers public objectives referenced in section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716) including-- (A) promoting significant job and other economic opportunities in a part of the State of Arizona that has a long history of mining, but is currently experiencing high unemployment rates and economic difficulties; (B) facilitating the development of a world-class domestic copper deposit capable of meeting a significant portion of the annual United States demand for this strategic and important mineral, in an area which has already been subject to mining operations; (C) significantly enhancing Federal, State, and local revenue collections in a time of severe governmental budget shortfalls; (D) securing Federal ownership and protection of land with significant fish and wildlife, recreational, scenic, water, riparian, cultural, and other public values; (E) assisting more efficient Federal land management via Federal acquisition of land for addition to the Las Cienegas and San Pedro National Conservation Areas, and to the Tonto and Coconino National Forests; (F) providing opportunity for community expansion and economic diversification adjacent to the towns of Superior, Miami, and Globe, Arizona; and (G) protecting the cultural resources and other values of the Apache Leap escarpment located near Superior, Arizona; and (2) the land exchange is, therefore, in the public interest. (b) Purpose- It is the purpose of this Act to authorize, direct, facilitate, and expedite the exchange of land between Resolution Copper and the United States. SEC. 3. DEFINITIONS. In this Act: (1) APACHE LEAP- The term `Apache Leap' means the approximately 807 acres of land depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Apache Leap' and dated March 2011. (2) FEDERAL LAND- The term `Federal land' means the approximately 2,422 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Parcel-Oak Flat' and dated March 2011. (3) 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. 450b). (4) NON-FEDERAL LAND- The term `non-Federal land' means the parcels of land owned by Resolution Copper that are described in section 5(a) and, if necessary to equalize the land exchange under section 4, section 4(e)(2)(A)(i). (5) OAK FLAT CAMPGROUND- The term `Oak Flat Campground' means the approximately 50 acres of land comprising approximately 16 developed campsites depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Oak Flat Campground' and dated March 2011. (6) OAK FLAT WITHDRAWAL AREA- The term `Oak Flat Withdrawal Area' means the approximately 760 acres of land depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Oak Flat Withdrawal Area' and dated March 2011. (7) RESOLUTION COPPER- The term `Resolution Copper' means Resolution Copper Mining, LLC, a Delaware limited liability company, including any successor, assign, affiliate, member, or joint venturer of Resolution Copper Mining, LLC. (8) SECRETARY- The term `Secretary' means the Secretary of Agriculture. (9) STATE- The term `State' means the State of Arizona. (10) TOWN- The term `Town' means the incorporated town of Superior, Arizona. SEC. 4. LAND EXCHANGE. (a) In General- Subject to the provisions of this Act, if Resolution Copper offers to convey to the United States all right, title, and interest of Resolution Copper in and to the non-Federal land, the Secretary is authorized and directed to convey to Resolution Copper, all right, title, and interest of the United States in and to the Federal land. (b) Conditions on Acceptance- Title to any non-Federal land conveyed by Resolution Copper to the United States under this Act shall be in a form that-- (1) is acceptable to the Secretary, for land to be administered by the Forest Service and the Secretary of the Interior, for land to be administered by the Bureau of Land Management; and (2) conforms to the title approval standards of the Attorney General of the United States applicable to land acquisitions by the Federal Government. (c) Consultation With Indian Tribes- If not undertaken prior to enactment of this Act, within 30 days of the date of enactment of this Act, the Secretary shall engage in government-to-government consultation with affected Indian tribes concerning issues related to the land exchange, in accordance with applicable laws (including regulations). (d) Appraisals- (1) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary and Resolution Copper shall select an appraiser to conduct appraisals of the Federal land and non-Federal land in compliance with the requirements of section 254.9 of title 36, Code of Federal Regulations. (2) REQUIREMENTS- (A) IN GENERAL- Except as provided in subparagraph (B), an appraisal prepared under this subsection shall be conducted in accordance with nationally recognized appraisal standards, including-- (i) the Uniform Appraisal Standards for Federal Land Acquisitions; and (ii) the Uniform Standards of Professional Appraisal Practice. (B) FINAL APPRAISED VALUE- After the final appraised values of the Federal land and non-Federal land are determined and approved by the Secretary, the Secretary shall not be required to reappraise or update the final appraised value-- (i) for a period of 3 years beginning on the date of the approval by the Secretary of the final appraised value; or (ii) at all, in accordance with section 254.14 of title 36, Code of Federal Regulations (or a successor regulation), after an exchange agreement is entered into by Resolution Copper and the Secretary. (C) IMPROVEMENTS- Any improvements made by Resolution Copper prior to entering into an exchange agreement shall not be included in the appraised value of the Federal land. (D) PUBLIC REVIEW- Before consummating the land exchange under this Act, the Secretary shall make the appraisals of the land to be exchanged (or a summary thereof) available for public review. (3) APPRAISAL INFORMATION- The appraisal prepared under this subsection shall include a detailed income capitalization approach analysis of the market value of the Federal land which may be utilized, as appropriate, to determine the value of the Federal land, and shall be the basis for calculation of any payment under section 6. (e) Equal Value Land Exchange- (1) IN GENERAL- The value of the Federal land and non-Federal land to be exchanged under this Act shall be equal or shall be equalized in accordance with this subsection. (2) SURPLUS OF FEDERAL LAND VALUE- (A) IN GENERAL- If the final appraised value of the Federal land exceeds the value of the non-Federal land, Resolution Copper shall-- (i) convey additional non-Federal land in the State to the Secretary or the Secretary of the Interior, consistent with the requirements of this Act and subject to the approval of the applicable Secretary; (ii) make a cash payment to the United States; or (iii) use a combination of the methods described in clauses (i) and (ii), as agreed to by Resolution Copper, the Secretary, and the Secretary of the Interior. (B) AMOUNT OF PAYMENT- The Secretary may accept a payment in excess of 25 percent of the total value of the land or interests conveyed, notwithstanding section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)). (C) DISPOSITION AND USE OF PROCEEDS- Any amounts received by the United States under this subparagraph shall be deposited in the fund established under Public Law 90-171 (commonly known as the `Sisk Act'; 16 U.S.C. 484a) and shall be made available, in such amounts as are provided in advance in appropriation Acts, to the Secretary for the acquisition of land for addition to the National Forest System. (3) SURPLUS OF NON-FEDERAL LAND- If the final appraised value of the non-Federal land exceeds the value of the Federal land-- (A) the United States shall not make a payment to Resolution Copper to equalize the value; and (B) except as provided in section 9(b)(2)(B), the surplus value of the non-Federal land shall be considered to be a donation by Resolution Copper to the United States. (f) Oak Flat Withdrawal Area- (1) PERMITS- Subject to the provisions of this subsection and notwithstanding any withdrawal of the Oak Flat Withdrawal Area from the mining, mineral leasing, or public land laws, the Secretary, upon enactment of this Act, shall issue to Resolution Copper-- (A) if so requested by Resolution Copper, within 30 days of such request, a special use permit to carry out mineral exploration activities under the Oak Flat Withdrawal Area from existing drill pads located outside the Area, if the activities would not disturb the surface of the Area; and (B) if so requested by Resolution Copper, within 90 days of such request, a special use permit to carry out mineral exploration activities within the Oak Flat Withdrawal Area (but not within the Oak Flat Campground), if the activities are conducted from a single exploratory drill pad which is located to reasonably minimize visual and noise impacts on the Campground. (2) CONDITIONS- Any activities undertaken in accordance with this subsection shall be subject to such reasonable terms and conditions as the Secretary may require. (3) TERMINATION- The authorization for Resolution Copper to undertake mineral exploration activities under this subsection shall remain in effect until the Oak Flat Withdrawal Area land is conveyed to Resolution Copper in accordance with this Act. (g) Costs- As a condition of the land exchange under this Act, Resolution Copper shall agree to pay, without compensation, all costs that are-- (1) associated with the land exchange and any environmental review document under subsection (j); and (2) agreed to by the Secretary. (h) Use of Federal Land- The Federal land to be conveyed to Resolution Copper under this Act shall be available to Resolution Copper for mining and related activities subject to and in accordance with applicable Federal, State, and local laws pertaining to mining and related activities on land in private ownership. (i) Intent of Congress- It is the intent of Congress that the land exchange directed by this Act shall be consummated not later than one year after the date of enactment of this Act. (j) Environmental Compliance- Compliance with the requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) under this Act shall be as follows: (1) Prior to commencing production in commercial quantities of any valuable mineral from the Federal land conveyed to Resolution Copper under this Act (except for any production from exploration and mine development shafts, adits, and tunnels needed to determine feasibility and pilot plant testing of commercial production or to access the ore body and tailing deposition areas), Resolution Copper shall submit to the Secretary a proposed mine plan of operations. (2) The Secretary shall, within 3 years of such submission, complete preparation of an environmental review document in accordance with section 102(2) of the National Environmental Policy Act of 1969 (42 U.S.C. 4322(2)) which shall be used as the basis for all decisions under applicable Federal laws, rules and regulations regarding any Federal actions or authorizations related to the proposed mine and mine plan of operations of Resolution Copper, including the construction of associated power, water, transportation, processing, tailings, waste dump, and other ancillary facilities. SEC. 5. CONVEYANCE AND MANAGEMENT OF NON-FEDERAL LAND. (a) Conveyance- On receipt of title to the Federal land, Resolution Copper shall simultaneously convey-- (1) to the Secretary, all right, title, and interest that the Secretary determines to be acceptable in and to-- (A) the approximately 147 acres of land located in Gila County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Turkey Creek' and dated March 2011; (B) the approximately 148 acres of land located in Yavapai County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Tangle Creek' and dated March 2011; (C) the approximately 149 acres of land located in Maricopa County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Cave Creek' and dated March 2011; (D) the approximately 640 acres of land located in Coconino County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-East Clear Creek' and dated March 2011; and (E) the approximately 110 acres of land located in Pinal County, Arizona, depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Apache Leap South End' and dated March 2011; and (2) to the Secretary of the Interior, all right, title, and interest that the Secretary of the Interior determines to be acceptable in and to-- (A) the approximately 3,050 acres of land located in Pinal County, Arizona, identified as `Lands to DOI' as generally depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Lower San Pedro River' and dated July 6, 2011; (B) the approximately 160 acres of land located in Gila and Pinal Counties, Arizona, identified as `Lands to DOI' as generally depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Dripping Springs' and dated July 6, 2011; and (C) the approximately 940 acres of land located in Santa Cruz County, Arizona, identified as `Lands to DOI' as generally depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Non-Federal Parcel-Appleton Ranch' and dated July 6, 2011. (b) Management of Acquired Land- (1) LAND ACQUIRED BY THE SECRETARY- (A) IN GENERAL- Land acquired by the Secretary under this Act shall-- (i) become part of the national forest in which the land is located; and (ii) be administered in accordance with the laws applicable to the National Forest System. (B) BOUNDARY REVISION- On the acquisition of land by the Secretary under this Act, the boundaries of the national forest shall be modified to reflect the inclusion of the acquired land. (C) LAND AND WATER CONSERVATION FUND- For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundaries of a national forest in which land acquired by the Secretary is located shall be deemed to be the boundaries of that forest as in existence on January 1, 1965. (2) LAND ACQUIRED BY THE SECRETARY OF THE INTERIOR- (A) SAN PEDRO NATIONAL CONSERVATION AREA- (i) IN GENERAL- The land acquired by the Secretary of the Interior under subsection (a)(2)(A) shall be added to, and administered as part of, the San Pedro National Conservation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (ii) MANAGEMENT PLAN- Not later than 2 years after the date on which the land is acquired, the Secretary of the Interior shall update the management plan for the San Pedro National Conservation Area to reflect the management requirements of the acquired land. (B) DRIPPING SPRINGS- Land acquired by the Secretary of the Interior under subsection (a)(2)(B) shall be managed in accordance with the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701 et seq.) and applicable land use plans. (C) LAS CIENEGAS NATIONAL CONSERVATION AREA- Land acquired by the Secretary of the Interior under subsection (a)(2)(C) shall be added to, and administered as part of, the Las Cienegas National Conservation Area in accordance with the laws (including regulations) applicable to the Conservation Area. (c) Surrender of Rights- In addition to the conveyance of the non-Federal land to the United States under this Act, and as a condition of the land exchange, Resolution Copper shall surrender to the United States, without compensation, the rights held by Resolution Copper under the mining laws and other laws of the United States to commercially extract minerals under Apache Leap. SEC. 6. VALUE ADJUSTMENT PAYMENT TO UNITED STATES. (a) Annual Production Reporting- (1) REPORT REQUIRED- As a condition of the land exchange under this Act, Resolution Copper shall submit to the Secretary of the Interior an annual report indicating the quantity of locatable minerals produced during the preceding calendar year in commercial quantities from the Federal land conveyed to Resolution Copper under section 4. The first report is required to be submitted not later than February 15 of the first calendar year beginning after the date of commencement of production of valuable locatable minerals in commercial quantities from such Federal land. The reports shall be submitted February 15 of each calendar year thereafter. (2) SHARING REPORTS WITH STATE- The Secretary shall make each report received under paragraph (1) available to the State. (3) REPORT CONTENTS- The reports under paragraph (1) shall comply with any recordkeeping and reporting requirements prescribed by the Secretary or required by applicable Federal laws in effect at the time of production. (b) Payment on Production- If the cumulative production of valuable locatable minerals produced in commercial quantities from the Federal land conveyed to Resolution Copper under section 4 exceeds the quantity of production of locatable minerals from the Federal land used in the income capitalization approach analysis prepared under section 4(d)(3), Resolution Copper shall pay to the United States, by not later than March 15 of each applicable calendar year, a value adjustment payment for the quantity of excess production at the same rate assumed for the income capitalization approach analysis prepared under section 4(d)(3). (c) State Law Unaffected- Nothing in this section modifies, expands, diminishes, amends, or otherwise affects any State law relating to the imposition, application, timing, or collection of a State excise or severance tax. (d) Use of Funds- (1) SEPARATE FUND- All funds paid to the United States under this section shall be deposited in a special fund established in the Treasury and shall be available, in such amounts as are provided in advance in appropriation Acts, to the Secretary and the Secretary of the Interior only for the purposes authorized by paragraph (2). (2) AUTHORIZED USE- Amounts in the special fund established pursuant to paragraph (1) shall be used for maintenance, repair, and rehabilitation projects for Forest Service and Bureau of Land Management assets. SEC. 7. WITHDRAWAL. Subject to valid existing rights, Apache Leap and any land acquired by the United States under this Act are withdrawn from all forms of-- (1) entry, appropriation, or disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 8. APACHE LEAP. (a) Management- (1) IN GENERAL- The Secretary shall manage Apache Leap to preserve the natural character of Apache Leap and to protect archeological and cultural resources located on Apache Leap. (2) SPECIAL USE PERMITS- The Secretary may issue to Resolution Copper special use permits allowing Resolution Copper to carry out underground activities (other than the commercial extraction of minerals) under the surface of Apache Leap that the Secretary determines would not disturb the surface of the land, subject to any terms and conditions that the Secretary may require. (3) FENCES; SIGNAGE- The Secretary may allow use of the surface of Apache Leap for installation of fences, signs, monitoring devices, or other measures necessary to protect the health and safety of the public, protect resources located on Apache Leap, or to ensure that activities conducted under paragraph (2) do not affect the surface of Apache Leap. (b) Plan- (1) IN GENERAL- Not later than 3 years after the date of enactment of this Act, the Secretary, in consultation with affected Indian tribes, the Town, Resolution Copper, and other interested members of the public, shall prepare a management plan for Apache Leap. (2) CONSIDERATIONS- In preparing the plan under paragraph (1), the Secretary shall consider whether additional measures are necessary to-- (A) protect the cultural, archaeological, or historical resources of Apache Leap, including permanent or seasonal closures of all or a portion of Apache Leap; and (B) provide access for recreation. (c) Mining Activities- The provisions of this section shall not impose additional restrictions on mining activities carried out by Resolution Copper adjacent to, or outside of, the Apache Leap area beyond those otherwise applicable to mining activities on privately owned land under Federal, State, and local laws, rules and regulations. SEC. 9. CONVEYANCES TO TOWN OF SUPERIOR, ARIZONA. (a) Conveyances- On request from the Town and subject to the provisions of this section, the Secretary shall convey to the Town the following: (1) Approximately 30 acres of land as depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Parcel-Fairview Cemetery' and dated March 2011. (2) The reversionary interest and any reserved mineral interest of the United States in the approximately 265 acres of land located in Pinal County, Arizona, as depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Reversionary Interest-Superior Airport' and dated March 2011. (3) The approximately 250 acres of land located in Pinal County, Arizona, as depicted on the map entitled `Southeast Arizona Land Exchange and Conservation Act of 2011-Federal Parcel-Superior Airport Contiguous Parcels' and dated March 2011. (b) Payment- The Town shall pay to the Secretary the market value for each parcel of land or interest in land acquired under this section, as determined by appraisals conducted in accordance with section 4(d). (c) Sisk Act- Any payment received by the Secretary from the Town under this section shall be deposited in the fund established under Public Law 90-171 (commonly known as the `Sisk Act') (16 U.S.C. 484a) and shall be made available, in such amounts as are provided in advance in appropriation Acts, to the Secretary for the acquisition of land for addition to the National Forest System. (d) Terms and Conditions- The conveyances under this section shall be subject to such terms and conditions as the Secretary may require. SEC. 10. MISCELLANEOUS PROVISIONS. (a) Revocation of Orders; Withdrawal- (1) REVOCATION OF ORDERS- 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 land. (2) WITHDRAWAL- On the date of enactment of this Act, if the Federal land or any Federal interest in the non-Federal land to be exchanged under section 4 is not withdrawn or segregated from entry and appropriation under a public land law (including mining and mineral leasing laws and the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.)), the land or interest shall be withdrawn, without further action required by the Secretary concerned, from entry and appropriation. The withdrawal shall be terminated-- (A) on the date of consummation of the land exchange; or (B) if Resolution Copper notifies the Secretary in writing that it has elected to withdraw from the land exchange pursuant to section 206(d) of the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C. 1716(d)). (3) RIGHTS OF RESOLUTION COPPER- Nothing in this Act shall interfere with, limit, or otherwise impair, the unpatented mining claims or rights currently held by Resolution Copper on the Federal land, nor in any way change, diminish, qualify, or otherwise impact Resolution Copper's rights and ability to conduct activities on the Federal land under such unpatented mining claims and the general mining laws of the United States, including the permitting or authorization of such activities. (b) Maps, Estimates, and Descriptions- (1) MINOR ERRORS- The Secretary concerned and Resolution Copper may correct, by mutual agreement, any minor errors in any map, acreage estimate, or description of any land conveyed or exchanged under this Act. (2) CONFLICT- If there is a conflict between a map, an acreage estimate, or a description of land in this Act, the map shall control unless the Secretary concerned and Resolution Copper mutually agree otherwise. (3) AVAILABILITY- On the date of enactment of this Act, the Secretary shall file and make available for public inspection in the Office of the Supervisor, Tonto National Forest, each map referred to in this Act.
S.338 Feb-14-13
STATUS: February 14, 2013.--Introduced. February 26, 2013.--Mr. Bennet, Mr. Blumenthal, Mrs. Boxer, Mr. Coons, Mrs. Hagan, Mr. Heinrich, Mr. Johnson, Mr. Merkley, Mrs. Shaheen, Mrs. Stabenow, added as cosponsors. February 27, 2013.--Mr. Murphy added as cosponsor. February 28, 2013.--Mrs. Gillibrand added as cosponsor. March 4, 2013.--Ms. Klobuchar added as cosponsor. March 5, 2013.--Mr. Franken added as cosponsor. March 7, 2013.--Mr. Lautenberg added as cosponsor. March 12, 2013.--Ms. Hirono and Mr. King added as cosponsor. March 18, 2013.--Mr. Harkin and Ms. Warren added as cosponsor. March 22, 2013.--Mr. Schatz added as cosponsor. April 8, 2013.--Mr. Whitehouse added as cosponsor. April 10, 2013.--Mr. Levin added as cosponsor. April 25, 2013.--Ms. Baldwin added as cosponsor. July 23, 2013.--Mr. Casey added as cosponsor. July 29, 2013.--Mr. Schumer added as cosponsor. July 31, 2013.--Ms. Cantwell added as cosponsor. September 26, 2013.--Mr. Cardin added as cosponsor. October 9, 2013.--Mr. Markey added as cosponsor. October 15, 2013.--Mr. Sanders added as cosponsor. November 18, 2013.--Mr. Pryor added as cosponsor. December 16, 2013.--Mr. Manchin added as cosponsor. January 27, 2014.--Mr. Bill Nelson added as cosponsor. March 11, 2014.--Ms. Murray added as cosponsor. March 24, 2014.--Mr. Walsh added as cosponsor. July 31, 2014.--Mr. Kaine added as cosponsor. S.338 Land and Water Conservation Authorization and Funding Act of 2013 (Introduced in Senate - IS) S 338 IS 113th CONGRESS 1st Session S. 338 To amend the Land and Water Conservation Fund Act of 1965 to provide consistent and reliable authority for, and for the funding of, the land and water conservation fund to maximize the effectiveness of the fund for future generations, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. BAUCUS (for himself, Mr. BURR, Mr. WYDEN, Mr. GRAHAM, Mr. UDALL of Colorado, Mr. TESTER, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Land and Water Conservation Fund Act of 1965 to provide consistent and reliable authority for, and for the funding of, the land and water conservation fund to maximize the effectiveness of the fund for future generations, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Land and Water Conservation Authorization and Funding Act of 2013'. SEC. 2. PERMANENT AUTHORIZATION; FULL FUNDING. (a) Purposes- The purposes of the amendments made by subsection (b) are-- (1) to provide consistent and reliable authority for, and for the funding of, the land and water conservation fund established under section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5); and (2) to maximize the effectiveness of the fund for future generations. (b) Amendments- (1) PERMANENT AUTHORIZATION- Section 2 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-5) is amended-- (A) in the matter preceding subsection (a), by striking `During the period ending September 30, 2015, there' and inserting `There'; and (B) in subsection (c)(1), by striking `through September 30, 2015'. (2) FULL FUNDING- Section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-6) is amended to read as follows: `SEC. 3. AVAILABILITY OF FUNDS. `Monies covered into the fund under section 2 shall be available for expenditure to carry out the purposes of this Act, without further appropriation.'. (c) Public Access- Section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9) is amended by adding at the end the following: `(d) Public Access- Not less than 1.5 percent of the annual authorized funding amount shall be made available each year for projects that secure recreational public access to existing Federal public land for hunting, fishing, and other recreational purposes.'.
S.331 Feb-14-13
STATUS: February 14, 2013: Introduced. S.331 Colonel Charles Young Home Study Act (Introduced in Senate - IS) S 331 IS 113th CONGRESS 1st Session S. 331 To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of designating the Colonel Charles Young Home in Xenia, Ohio, as a unit of the National Park System, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. BROWN (for himself and Mr. PORTMAN) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of the Interior to conduct a special resource study to determine the suitability and feasibility of designating the Colonel Charles Young Home in Xenia, Ohio, as a unit of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Colonel Charles Young Home Study Act'. SEC. 2. FINDINGS. Congress finds that-- (1) Colonel Charles Young was-- (A) a distinguished African-American officer in the United States Army; (B) the third African-American to graduate from West Point; (C) a commander of troops in combat in-- (i) the Spanish-American War; and (ii) the Mexican expedition against Pancho Villa; (D) 1 of the first military attaches in the United States; and (E) a pioneer of techniques in military intelligence; (2) the experience of Colonel Young in the Army between 1884 and 1922 illustrates the changing nature of race relations in the United States during a period spanning from the end of the Civil War to the beginning of the Civil Rights movement; (3) Colonel Young was a friend and associate of other distinguished African-Americans of the period, including poet Paul Laurence Dunbar from nearby Dayton, Ohio; (4) as the commander of an Army unit assigned to protect and develop Sequoia National Park and General Grant National Park in the State of California, Colonel Young is recognized as the first African-American to be the Superintendent of a National Park; and (5) the home of Colonel Young located near Xenia, Ohio, is-- (A) a National Historic Landmark; and (B) closely associated with-- (i) Wilberforce University, a historically Black university at which Colonel Young served as Professor of Military Science; and (ii) Central State University, which is-- (I) a historically Black university; and (II) the location of the National Afro-American Museum and Cultural Center. SEC. 3. SPECIAL RESOURCE STUDY. (a) Study- The Secretary of the Interior (referred to in this Act as the `Secretary'), in consultation with the Secretary of the Army, shall conduct a special resource study of the Colonel Charles Young Home, a National Historic Landmark in Xenia, Ohio (referred to in this Act as the `Home'). (b) Contents- In conducting the study under subsection (a), the Secretary shall-- (1) evaluate any architectural and archeological resources of the Home; (2) determine the suitability and feasibility of designating the Home as a unit of the National Park System; (3) consider other alternatives for preservation, protection, and interpretation of the Home by Federal, State, or local governmental entities or private and nonprofit organizations, including the use of shared management agreements with the Dayton Aviation Heritage National Historical Park or specific units of that Park, such as the Paul Laurence Dunbar Home; (4) consult with the Ohio Historical Society, Central State University, Wilberforce University, and other interested Federal, State, or local governmental entities, private and nonprofit organizations, or individuals; and (5) identify cost estimates for any Federal acquisition, development, interpretation, operation, and maintenance associated with the alternatives considered under the study. (c) Applicable Law- The study required under subsection (a) shall be conducted in accordance with section 8 of Public Law 91-383 (16 U.S.C. 1a-5). (d) Report- Not later than 3 years after the date on which funds are first made available for the study under subsection (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 a report that contains-- (1) the results of the study under subsection (a); and (2) any conclusions and recommendations of the Secretary.
S.327 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.--Hearing by subcommittee on Public Lands, Forests, and Mining. June 18, 2013: Full committee markup; Ordered to be reported with an amendment in the nature of a substitute favorably June 26, 2013.--Mr. Risch added as cosponsor. July 9, 2013.--Mr. Crapo added as cosponsor. September 10, 2013.--Reported to the Senate with an amendment in the nature of a substitute. S. Rept. 113-97. September 10, 2013.--Placed on Senate Legislative Calendar under General Orders. [Calendar No. 175]. S.327 Good Neighbor Forestry Act (Introduced in Senate - IS) S 327 IS 113th CONGRESS1st SessionS. 327 To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services. IN THE SENATE OF THE UNITED STATESFebruary 14, 2013 Mr. BARRASSO (for himself, Mr. ENZI, Mr. HATCH, Mr. LEE, Mr. JOHNSON of South Dakota, Mr. THUNE, and Mr. UDALL of Colorado) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To authorize the Secretary of Agriculture and the Secretary of the Interior to enter into cooperative agreements with State foresters authorizing State foresters to provide certain forest, rangeland, and watershed restoration and protection services. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Good Neighbor Forestry Act'. SEC. 2. DEFINITIONS. In this Act: (1) ELIGIBLE STATE- The term `eligible State' means a State that contains National Forest System land or Bureau of Land Management land located west of the 100th meridian. (2) SECRETARY- The term `Secretary' means-- (A) the Secretary of Agriculture, with respect to National Forest System land; or (B) the Secretary of the Interior, with respect to Bureau of Land Management land. (3) STATE FORESTER- The term `State forester' means the head of a State agency with jurisdiction over State forestry programs in an eligible State. SEC. 3. COOPERATIVE AGREEMENTS AND CONTRACTS. (a) In General- The Secretary may enter into a cooperative agreement or contract (including a sole source contract) with a State forester to authorize the State forester to provide the forest, rangeland, and watershed restoration and protection services described in subsection (b) on National Forest System land or Bureau of Land Management land, as applicable, in the eligible State. (b) Authorized Services- The forest, rangeland, and watershed restoration and protection services referred to in subsection (a) include the conduct of-- (1) activities to treat insect-infected trees; (2) activities to reduce hazardous fuels; and (3) any other activities to restore or improve forest, rangeland, and watershed health, including fish and wildlife habitat. (c) State as Agent- Except as provided in subsection (f), a cooperative agreement or contract entered into under subsection (a) may authorize the State forester to serve as the agent for the Secretary in providing the restoration and protection services authorized under subsection (a). (d) Subcontracts- In accordance with applicable contract procedures for the eligible State, a State forester may enter into subcontracts to provide the restoration and protection services authorized under a cooperative agreement or contract entered into under subsection (a). (e) Timber Sales- Subsections (d) and (g) of section 14 of the National Forest Management Act of 1976 (16 U.S.C. 472a) shall not apply to services performed under a cooperative agreement or contract entered into under subsection (a). (f) Retention of NEPA Responsibilities- Any decision required to be made under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) with respect to any restoration and protection services to be provided under this Act by a State forester on National Forest System land or Bureau of Land Management land, as applicable, shall not be delegated to a State forester or any other officer or employee of the eligible State. (g) Applicable Law- The restoration and protection services to be provided under this Act shall be carried out on a project-to-project basis under existing authorities of the Forest Service or Bureau of Land Management, as applicable.
H.Res.316 Feb-13-13
STATUS: January 18, 2013.--Introduced in House February 13, 2013.--Received in Senate. April 16, 2013.--Subcommittee on Water and Power hearing held. May 16, 2013.--Full committee business meeting; Ordered to be reported with an amendment in the nature of a substitute favorably. June 27, 2013.--Reported to Senate with an amendment in the nature of a substitute. S. Rept 113-69. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 123]. June 25, 2014.--Bill presented to President June 30, 2014.--Signed by President. June 30, 2014.-- Became Public Law No: 113-122 H.R.316 Collinsville Renewable Energy Promotion Act (Referred in Senate - RFS) HR 316 RFS 113th CONGRESS1st Session H. R. 316IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To reinstate and transfer certain hydroelectric licenses and extend the deadline for commencement of construction of certain hydroelectric projects. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Collinsville Renewable Energy Promotion Act'. SEC. 2. REINSTATEMENT OF EXPIRED LICENSES AND EXTENSION OF TIME TO COMMENCE CONSTRUCTION OF PROJECTS. Subject to section 4 of this Act and notwithstanding the time period under section 13 of the Federal Power Act (16 U.S.C. 806) that would otherwise apply to Federal Energy Regulatory Commission projects numbered 10822 and 10823, the Federal Energy Regulatory Commission (referred to in this Act as the `Commission') may-- (1) reinstate the license for either or each of those projects; and (2) extend for 2 years after the date on which either or each project is reinstated under paragraph (1) the time period during which the licensee is required to commence the construction of such projects. Prior to reaching any final decision under this section, the Commission shall provide an opportunity for submission of comments by interested persons, municipalities, and States and shall consider any such comment that is timely submitted. SEC. 3. TRANSFER OF LICENSES TO THE TOWN OF CANTON, CONNECTICUT. Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) or any other provision thereof, if the Commission reinstates the license for, and extends the time period during which the licensee is required to commence the construction of, a Federal Energy Regulatory Commission project under section 2, the Commission shall transfer such license to the town of Canton, Connecticut. SEC. 4. ENVIRONMENTAL ASSESSMENT. (a) Definition- For purposes of this section, the term `environmental assessment' shall have the same meaning as is given such term in regulations prescribed by the Council on Environmental Quality that implement the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.). (b) Environmental Assessment- Not later than 180 days after the date of enactment of this Act, the Commission shall complete an environmental assessment for Federal Energy Regulatory Commission projects numbered 10822 and 10823, updating, to the extent necessary, the environmental analysis performed during the process of licensing such projects. (c) Comment Period- Upon issuance of the environmental assessment required under subsection (b), the Commission shall-- (1) initiate a 30-day public comment period; and (2) before taking any action under section 2 or 3-- (A) consider any comments received during such 30-day period; and (B) incorporate in the license for the projects involved, such terms and conditions as the Commission determines to be necessary, based on the environmental assessment performed and comments received under this section. SEC. 5. DEADLINE. Not later than 270 days after the date of enactment of this Act, the Commission shall-- (1) make a final decision pursuant to paragraph (1) of section 2; and (2) if the Commission decides to reinstate one or both of the licenses under such paragraph and extend the corresponding deadline for commencement of construction under paragraph (2) of such section, complete the action required under section 3. SEC. 6. PROTECTION OF EXISTING RIGHTS. Nothing in this Act shall affect any valid license issued by the Commission under section 4 of the Federal Power Act (16 U.S.C. 797) on or before the date of enactment of this Act or diminish or extinguish any existing rights under any such license. Passed the House of Representatives February 12, 2013. Attest: KAREN L. HAAS, Clerk.
S.312 Feb-13-13
STATUS: February 13, 2013: Introduced. April 25, 2013: Hearing by subcommittee on Public Lands, Forests and Mining. May 16, 2013: Reported to the Senate without amendment favorably. June 27, 2013.--Reported to Senate without an amendment. S. Rept. 113-58. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 112]. S.312 Carson National Forest Boundary Adjustment Act of 2013 (Introduced in Senate - IS) S 312 IS 113th CONGRESS1st SessionS. 312 To adjust the boundary of the Carson National Forest, New Mexico. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Mr. UDALL of New Mexico (for himself and Mr. HEINRICH) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To adjust the boundary of the Carson National Forest, New Mexico. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Carson National Forest Boundary Adjustment Act of 2013'. SEC. 2. CARSON NATIONAL FOREST BOUNDARY ADJUSTMENT. (a) In General- The boundary of the Carson National Forest in the State of New Mexico is adjusted to incorporate the approximately 4,990 acres of land generally depicted as `Miranda Canyon Boundary' on the map entitled `Carson National Forest Boundary Adjustment' and dated September 21, 2010. (b) Land and Water Conservation Fund- For purposes of section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-9), the boundaries of the Carson National Forest, as modified under subsection (a), shall be considered to be the boundaries of the Carson National Forest as in existence on January 1, 1965.
S.311 Feb-13-13
STATUS: February 13, 2013: Introduced March 14, 2013: Full committee business meeting ordered reported with amendment. (voice vote) April 22, 2013: Reported to the Senate with an amendment. S. Rept. 113-26 April 22, 2013: Placed on Senate Legislative Calendar. [Calendar No. 57] July 9, 2014.--Passed Senate with amendments by Unanimous Consent. S.AMDT. 3528 July 10, 2014.--Referred to House Committee on Natural Resources. July 29, 2014.--Subcommittee hearing held. July 30, 2014.--Committee Consideration and Mark-up Session Held. July 30, 2014.--Ordered to be reported by Unanimous Consent. S.311 Lower Mississippi River Area Study Act (Reported in Senate - RS) S 311 RS Calendar No. 57113th CONGRESS1st SessionS. 311[Report No. 113-26] To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 13, 2013 Ms. LANDRIEU introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources April 22, 2013 Reported by Mr. WYDEN, with an amendment [Omit the part struck through]A BILL To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the `Lower Mississippi River Area Study Act'. SEC. 2. DEFINITIONS. In this Act: (1) SECRETARY- The term `Secretary' means the Secretary of the Interior. (2) STUDY AREA- The term `study area' includes Fort St. Philip, Fort Jackson, the Head of Passes, and any related and supporting historical, cultural, and recreational resources located in Plaquemines Parish, Louisiana. SEC. 3. STUDY. (a) In General- Not later than 3 years after the date on which funds are made available to carry out this Act, the Secretary, in consultation with the State of Louisiana and other interested organizations, shall complete a special resource study that evaluates-- (1) the national significance of the study area; and (2) the suitability and feasibility of designating the study area as a unit of the National Park System. (b) Criteria- In conducting the study under subsection (a), the Secretary shall use the criteria for the study of areas for potential inclusion in the National Park System in section 8(c) of National Park System General Authorities Act (16 U.S.C. 1a-5(c)). (c) Content- The study described in subsection (a) shall-- (1) include cost estimates for the potential acquisition, development, operation, and maintenance of the study area; and (2) identify alternatives for the management, administration, and protection of the study area. SEC. 4. DONATIONS. The Secretary may accept the donation of funds to carry out this Act. [Struck out->] SEC. 5. AUTHORIZATION OF APPROPRIATION. [<-Struck out] [Struck out->] There are authorized to be appropriated such sums as are necessary to carry out this Act. [<-Struck out] Calendar No. 57 113th CONGRESS1st SessionS. 311[Report No. 113-26]A BILL To direct the Secretary of the Interior to study the suitability and feasibility of designating sites in the Lower Mississippi River Area in the State of Louisiana as a unit of the National Park System, and for other purposes. April 22, 2013Reported with an amendment