Legislation

Bill Introduced Description
H.Res.356 May-16-13
STATUS: January 23, 2013.--Introduced in House. February 1, 2013.--Referred to the Subcommittee Indian and Alaska Native Affairs. February 1, 2013.--Referred to the Subcommittee on Energy and Mineral Resources. May 14, 2013.--Reported by the Committee on Natural Resources. H. Rept. 113-57. May 14, 2013.--Placed on the Union Calendar, Calendar No. 35. May 15, 2013.--On motion to suspend the rules and pass the bill Agreed to by voice vote. (text: CR H2631) May 16, 2013.--Received in the Senate referred to the Committee on Energy and Natural Resources. July 9, 2014.-- Committee discharged by Unanimous Consent. July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 15, 2014.--Presented to President. July 25, 2014.--Signed by President. July 25, 2014.--Became Public Law 113-133. H.R.356 Hill Creek Cultural Preservation and Energy Development Act (Referred in Senate - RFS) HR 356 RFS 113th CONGRESS1st Session H. R. 356IN THE SENATE OF THE UNITED STATESMay 16, 2013 Received; read twice and referred to the Committee on Energy and Natural Resources AN ACT To clarify authority granted under the Act entitled `An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, 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 `Hill Creek Cultural Preservation and Energy Development Act'. SEC. 2. CLARIFICATION OF AUTHORITY. The Act entitled `An Act to define the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah, and for other purposes', approved March 11, 1948 (62 Stat. 72), as amended by the Act entitled `An Act to amend the Act extending the exterior boundary of the Uintah and Ouray Indian Reservation in the State of Utah so as to authorize such State to exchange certain mineral lands for other lands mineral in character' approved August 9, 1955, (69 Stat. 544), is further amended by adding at the end the following: `Sec. 5. In order to further clarify authorizations under this Act, the State of Utah is hereby authorized to relinquish to the United States, for the benefit of the Ute Indian Tribe of the Uintah and Ouray Reservation, State school trust or other State-owned subsurface mineral lands located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and south of the border between Grand County, Utah, and Uintah County, Utah, and select in lieu of such relinquished lands, on an acre-for-acre basis, any subsurface mineral lands of the United States located beneath the surface estate delineated in Public Law 440 (approved March 11, 1948) and north of the border between Grand County, Utah, and Uintah County, Utah, subject to the following conditions: `(1) RESERVATION BY UNITED STATES- The Secretary of the Interior shall reserve an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 171 et seq.) in any mineral lands conveyed to the State. `(2) EXTENT OF OVERRIDING INTEREST- The overriding interest reserved by the United States under paragraph (1) shall consist of-- `(A) 50 percent of any bonus bid or other payment received by the State as consideration for securing any lease or authorization to develop such mineral resources; `(B) 50 percent of any rental or other payments received by the State as consideration for the lease or authorization to develop such mineral resources; `(C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and `(D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. `(3) RESERVATION BY STATE OF UTAH- The State of Utah shall reserve, for the benefit of its State school trust, an overriding interest in that portion of the mineral estate comprised of minerals subject to leasing under the Mineral Leasing Act (30 U.S.C. 181 et seq.) in any mineral lands relinquished by the State to the United States. `(4) EXTENT OF OVERRIDING INTEREST- The overriding interest reserved by the State under paragraph (3) shall consist of-- `(A) 50 percent of any bonus bid or other payment received by the United States as consideration for securing any lease or authorization to develop such mineral resources on the relinquished lands; `(B) 50 percent of any rental or other payments received by the United States as consideration for the lease or authorization to develop such mineral resources; `(C) a 6.25 percent overriding royalty on the gross proceeds of oil and gas production under any lease or authorization to develop such oil and gas resources; and `(D) an overriding royalty on the gross proceeds of production of such minerals other than oil and gas, equal to 50 percent of the royalty rate established by the Secretary of the Interior by regulation as of October 1, 2011. `(5) NO OBLIGATION TO LEASE- Neither the United States nor the State shall be obligated to lease or otherwise develop oil and gas resources in which the other party retains an overriding interest under this section. `(6) COOPERATIVE AGREEMENTS- The Secretary of the Interior is authorized to enter into cooperative agreements with the State and the Ute Indian Tribe of the Uintah and Ouray Reservation to facilitate the relinquishment and selection of lands to be conveyed under this section, and the administration of the overriding interests reserved hereunder.'. Passed the House of Representatives May 15, 2013. Attest: KAREN L. HAAS, Clerk.
S.354 Feb-14-13
STATUS: February 14, 2013: Introduced. March 14, 2013: Full committee business meeting; ordered reported without amendment. (voice vote) April 22, 2013: Reported to the Senate without amendment. S. Rept. 113-29. April 22, 2013: Placed on Senate Legislative Calendar. [Calendar No. 60] July 9, 2014.--Passed Senate without amendment by Unanimous Consent. July 10, 2014.--Message on Senate action sent to House. July 10, 2014.--Referred to House Committee on Natural Resources. July 30, 2014.--Subcommittee hearing held. July 30, 2014.--Committee consideration and Mark-up held. July 30, 2014.--Ordered to be reported by unanimous consent. December 22, 2014.-- Reported by the Committee on Natural Resources. H. Rept. 113-713. December 22, 2014.-- Placed on the Union Calendar,[Calendar No. 544]. S.354 Oregon Caves Revitalization Act of 2013 (Introduced in Senate - IS) S 354 IS 113th CONGRESS 1st Session S. 354 To modify the boundary of the Oregon Caves National Monument, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To modify the boundary of the Oregon Caves National Monument, 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 `Oregon Caves Revitalization Act of 2013'. SEC. 2. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Oregon Caves National Monument and Preserve', numbered 150/80,023, and dated May 2010. (2) MONUMENT- The term `Monument' means the Oregon Caves National Monument established by Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909. (3) NATIONAL MONUMENT AND PRESERVE- The term `National Monument and Preserve' means the Oregon Caves National Monument and Preserve designated by section 3(a)(1). (4) NATIONAL PRESERVE- The term `National Preserve' means the National Preserve designated by section 3(a)(2). (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) SECRETARY CONCERNED- The term `Secretary concerned' means-- (A) the Secretary of Agriculture (acting through the Chief of the Forest Service), with respect to National Forest System land; and (B) the Secretary of the Interior, with respect to land managed by the Bureau of Land Management. (7) STATE- The term `State' means the State of Oregon. SEC. 3. DESIGNATIONS; LAND TRANSFER; BOUNDARY ADJUSTMENT. (a) Designations- (1) IN GENERAL- The Monument and the National Preserve shall be administered as a single unit of the National Park System and collectively known and designated as the `Oregon Caves National Monument and Preserve'. (2) NATIONAL PRESERVE- The approximately 4,070 acres of land identified on the map as `Proposed Addition Lands' shall be designated as a National Preserve. (b) Transfer of Administrative Jurisdiction- (1) IN GENERAL- Administrative jurisdiction over the land designated as a National Preserve under subsection (a)(2) is transferred from the Secretary of Agriculture to the Secretary, to be administered as part of the National Monument and Preserve. (2) EXCLUSION OF LAND- The boundaries of the Rogue River-Siskiyou National Forest are adjusted to exclude the land transferred under paragraph (1). (c) Boundary Adjustment- The boundary of the National Monument and Preserve is modified to exclude approximately 4 acres of land-- (1) located in the City of Cave Junction; and (2) identified on the map as the `Cave Junction Unit'. (d) Availability of Map- The map shall be on file and available for public inspection in the appropriate offices of the National Park Service. (e) References- Any reference in a law, map, regulation, document, paper, or other record of the United States to the Monument shall be considered to be a reference to the `Oregon Caves National Monument and Preserve'. SEC. 4. ADMINISTRATION. (a) In General- The Secretary shall administer the National Monument and Preserve in accordance with-- (1) this Act; (2) Presidential Proclamation Number 876 (36 Stat. 2497), dated July 12, 1909; and (3) any law (including regulations) generally applicable to units of the National Park System, including the National Park Service Organic Act (16 U.S.C. 1 et seq.). (b) Fire Management- As soon as practicable after the date of enactment of this Act, in accordance with subsection (a), the Secretary shall-- (1) revise the fire management plan for the Monument to include the land transferred under section 3(b)(1); and (2) in accordance with the revised plan, carry out hazardous fuel management activities within the boundaries of the National Monument and Preserve. (c) Existing Forest Service Contracts- (1) IN GENERAL- The Secretary shall-- (A) allow for the completion of any Forest Service stewardship or service contract executed as of the date of enactment of this Act with respect to the National Preserve; and (B) recognize the authority of the Secretary of Agriculture for the purpose of administering a contract described in subparagraph (A) through the completion of the contract. (2) TERMS AND CONDITIONS- All terms and conditions of a contract described in paragraph (1)(A) shall remain in place for the duration of the contract. (3) LIABILITY- The Forest Service shall be responsible for any liabilities relating to a contract described in paragraph (1)(A). (d) Grazing- (1) IN GENERAL- Subject to paragraph (2), the Secretary may allow the grazing of livestock within the National Preserve to continue as authorized under permits or leases in existence as of the date of enactment of this Act. (2) APPLICABLE LAW- Grazing under paragraph (1) shall be-- (A) at a level not greater than the level at which the grazing exists as of the date of enactment of this Act, as measured in Animal Unit Months; and (B) in accordance with each applicable law (including National Park Service regulations). (e) Fish and Wildlife- The Secretary shall permit hunting and fishing on land and waters within the National Preserve in accordance with applicable Federal and State laws, except that the Secretary may, in consultation with the Oregon Department of Fish and Wildlife, designate zones in which, and establish periods during which, no hunting or fishing shall be permitted for reasons of public safety, administration, or compliance by the Secretary with any applicable law (including regulations). SEC. 5. VOLUNTARY GRAZING LEASE OR PERMIT DONATION PROGRAM. (a) Donation of Lease or Permit- (1) ACCEPTANCE BY SECRETARY CONCERNED- The Secretary concerned shall accept a grazing lease or permit that is donated by a lessee or permittee for-- (A) the Big Grayback Grazing Allotment located in the Rogue River-Siskiyou National Forest; and (B) the Billy Mountain Grazing Allotment located on a parcel of land that is managed by the Secretary (acting through the Director of the Bureau of Land Management). (2) TERMINATION- With respect to each grazing permit or lease donated under paragraph (1), the Secretary shall-- (A) terminate the grazing permit or lease; and (B) ensure a permanent end to grazing on the land covered by the grazing permit or lease. (b) Effect of Donation- A lessee or permittee that donates a grazing lease or grazing permit (or a portion of a grazing lease or grazing permit) under this section shall be considered to have waived any claim to any range improvement on the associated grazing allotment or portion of the associated grazing allotment, as applicable. SEC. 6. WILD AND SCENIC RIVER DESIGNATIONS. (a) Designation- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) RIVER STYX, OREGON- The subterranean segment of Cave Creek, known as the River Styx, to be administered by the Secretary of the Interior as a scenic river.'. (b) Potential Additions- (1) IN GENERAL- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: `(141) OREGON CAVES NATIONAL MONUMENT AND PRESERVE, OREGON- `(A) CAVE CREEK, OREGON- The 2.6-mile segment of Cave Creek from the headwaters at the River Styx to the boundary of the Rogue River Siskiyou National Forest. `(B) LAKE CREEK, OREGON- The 3.6-mile segment of Lake Creek from the headwaters at Bigelow Lakes to the confluence with Cave Creek. `(C) NO NAME CREEK, OREGON- The 0.6-mile segment of No Name Creek from the headwaters to the confluence with Cave Creek. `(D) PANTHER CREEK- The 0.8-mile segment of Panther Creek from the headwaters to the confluence with Lake Creek. `(E) UPPER CAVE CREEK- The segment of Upper Cave Creek from the headwaters to the confluence with River Styx.'. (2) STUDY; REPORT- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: `(20) OREGON CAVES NATIONAL MONUMENT AND PRESERVE, OREGON- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary shall-- `(A) complete the study of the Oregon Caves National Monument and Preserve segments described in subsection (a)(141); and `(B) submit to Congress a report containing the results of the study.'.
S.353 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 25, 2013.-- Subcommittee on Public Lands, Forests, and Mining. Hearings held. June 18, 2013.-- Ordered 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. 113-100. September 10, 2013.--Placed on Senate Legislative Calendar [Calendar No. 178]. S.353 Oregon Treasures Act of 2013 (Introduced in Senate - IS) S 353 IS 113th CONGRESS 1st Session S. 353 To designate certain land in the State of Oregon as wilderness, to make additional wild and scenic river designations in the State of Oregon, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To designate certain land in the State of Oregon as wilderness, to make additional wild and scenic river designations in the State of Oregon, 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 `Oregon Treasures Act of 2013'. SEC. 2. CATHEDRAL ROCK AND HORSE HEAVEN WILDERNESS. (a) Definitions- In this section: (1) LAND EXCHANGE MAP- The term `land exchange map' means the map entitled `Antone Ranch Exchanges' and dated July 26, 2010. (2) PROPOSED WILDERNESS MAP- The term `proposed wilderness map' means the map entitled `Cathedral Rock and Horse Heaven Wilderness' and dated November 8, 2010. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Oregon. (b) Land Exchanges- (1) AUTHORIZATION- (A) SMITH EXCHANGE- (i) IN GENERAL- Subject to paragraphs (2) through (5), if the owner of the non-Federal land described in clause (ii)(I) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary shall-- (I) accept the offer; and (II) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in clause (ii)(II). (ii) DESCRIPTION OF LAND- (I) NON-FEDERAL LAND- The non-Federal land referred to in clause (i) is the approximately 1,135 acres of non-Federal land generally depicted on the proposed wilderness map as `Land transfer from Smith to BLM'. (II) FEDERAL LAND- The Federal land referred to in clause (i)(II) is the approximately 1,195 acres of Federal land generally depicted on the proposed wilderness map as `Land transfer from BLM to Smith'. (B) SHRUM EXCHANGE- (i) IN GENERAL- Subject to paragraphs (2) through (5), if the owner of the non-Federal land described in clause (ii)(I) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary shall-- (I) accept the offer; and (II) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in clause (ii)(II). (ii) DESCRIPTION OF LAND- (I) NON-FEDERAL LAND- The non-Federal land referred to in clause (i) is the approximately 415 acres of non-Federal land generally depicted on the proposed wilderness map as `Land transfer from Shrum to BLM'. (II) FEDERAL LAND- The Federal land referred to in clause (i)(II) is the approximately 555 acres of Federal land generally depicted on the proposed wilderness map as `Land transfer from BLM to Shrum'. (C) YOUNG LIFE EXCHANGE- (i) IN GENERAL- Subject to paragraphs (2) through (5), if the owner of the non-Federal land described in clause (ii)(I) offers to convey to the United States all right, title, and interest of the owner in and to the non-Federal land, the Secretary and the Secretary of Agriculture shall-- (I) accept the offer; and (II) convey to the owner of the non-Federal land all right, title, and interest of the United States in and to the Federal land described in clause (ii)(II). (ii) DESCRIPTION OF LAND- (I) NON-FEDERAL LAND- The non-Federal land referred to in clause (i) is the approximately 10,290 acres of non-Federal land generally depicted on the proposed wilderness map as `Land transfer from Young Life to BLM'. (II) FEDERAL LAND- The Federal land referred to in clause (i)(II) is-- (aa) the approximately 11,365 acres of Federal land generally depicted on the proposed wilderness map as `Land transfer from BLM to Young Life'; (bb) the approximately 645 acres of Federal land generally depicted on the land exchange map as `Land transfer from BLM to Young Life'; and (cc) the approximately 690 acres of Federal land generally depicted on the land exchange map as `Land transfer from USFS to Young Life'. (2) APPLICABLE LAW- Each land exchange under paragraph (1) shall be carried out in accordance with section 206 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716), including the requirement that the Secretary determine that the public interest will be well served by making the exchange. (3) CONDITIONS- Each land exchange under paragraph (1) shall be subject to-- (A) valid existing rights; (B) the condition that the owner make the offer to convey all or part of the non-Federal land during the 3-year period beginning on the date of enactment of this Act; (C) 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; (D) the condition that title to the non-Federal land be acceptable to the Secretary and in conformance with the title approval standards applicable to Federal land acquisitions; and (E) such terms and conditions as the Secretary or the Secretary of Agriculture, as appropriate, may require. (4) VALUATION, APPRAISALS, AND EQUALIZATION- (A) IN GENERAL- The value of the Federal land and the non-Federal land to be conveyed in each land exchange under this subsection-- (i) shall be equal, as determined by appraisals conducted in accordance with subparagraph (B); or (ii) if not equal, shall be equalized in accordance with subparagraph (C). (B) APPRAISALS- (i) IN GENERAL- The Federal land and the non-Federal land to be exchanged under this subsection shall be appraised by an independent, qualified appraiser that is agreed to by the Secretary or the Secretary of Agriculture, as appropriate. (ii) REQUIREMENTS- An appraisal under clause (i) shall be conducted in accordance with-- (I) the Uniform Appraisal Standards for Federal Land Acquisitions; and (II) the Uniform Standards of Professional Appraisal Practice. (C) EQUALIZATION- (i) IN GENERAL- If the value of the Federal land and the non-Federal land to be conveyed in a land exchange under this subsection is not equal, the value may be equalized by-- (I) making a cash equalization payment to the Secretary or to the owner of the non-Federal land, as appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(b)); or (II) reducing the acreage of the Federal land or the non-Federal land to be exchanged, as appropriate. (ii) CASH EQUALIZATION PAYMENTS- Any cash equalization payments received by the Secretary under clause (i)(I) shall be-- (I) deposited in the Federal Land Disposal Account established by section 206(a) of the Federal Land Transaction Facilitation Act (43 U.S.C. 2305(a)); and (II) used in accordance with that Act. (5) SURVEYS- The exact acreage and legal description of the Federal land and non-Federal land to be exchanged under paragraph (1) shall be determined by surveys approved by the Secretary. (6) COMPLETION OF LAND EXCHANGE- It is the intent of Congress that the land exchanges under this subsection be completed not later than 5 years after the date of enactment of this Act. (7) TRANSFER OF ADMINISTRATIVE JURISDICTION- (A) IN GENERAL- Administrative jurisdiction over the approximately 750 acres of Federal land managed by the Bureau of Land Management generally depicted on the land exchange map as `Land transfer from BLM to USFS' is transferred from the Bureau of Land Management to the Forest Service. (B) ADMINISTRATION- The Secretary of Agriculture shall administer the transferred land in accordance with-- (i) the Act of March 1, 1911 (commonly known as the `Weeks Act') (16 U.S.C. 480 et seq.); and (ii) the laws (including regulations) applicable to the National Forest System. (C) COSTS- Any costs relating to the transfer under subparagraph (A), including any costs for surveys and other administrative costs, shall be paid by the Secretary of Agriculture. (c) Potential Wilderness Areas- (1) DESIGNATION OF POTENTIAL WILDERNESS- (A) IN GENERAL- Subject to paragraph (4), in furtherance of the purposes of the Wilderness Act (16 U.S.C. 1131 et seq.), the following areas of Federal land managed by the Bureau of Land Management in the State are designated as potential wilderness areas: (i) CATHEDRAL ROCK- Certain land comprising approximately 4,560 acres generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness'. (ii) HORSE HEAVEN- Certain land comprising approximately 2,815 acres generally depicted on the proposed wilderness map as `Proposed Horse Heaven Wilderness'. (B) INTERIM MANAGEMENT- Subject to paragraph (4), each potential wilderness area designated under paragraph (1) shall be managed in a manner that maintains or improves the wilderness character of the potential wilderness area and suitability of the potential wilderness area for designation in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) until the date on which the potential wilderness area is designated as wilderness under paragraph (2). (2) DESIGNATION OF WILDERNESS- (A) CATHEDRAL ROCK WILDERNESS- Subject to paragraph (4), the Federal land within the boundaries of the area generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness' shall be designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Cathedral Rock Wilderness', on the earlier of-- (i) the date on which the Secretary publishes in the Federal Register notice that sufficient inholdings within the boundaries of the Proposed Cathedral Rock Wilderness have been acquired to establish a manageable wilderness unit; or (ii) the date on which the Secretary acquires secs. 2, 11, and 23 in T. 9 S, R. 19 E. (B) HORSE HEAVEN WILDERNESS- Subject to paragraph (4), the Federal land within the boundaries of the area generally depicted on the proposed wilderness map as `Proposed Horse Heaven Wilderness' shall be designated as wilderness and as a component of the National Wilderness Preservation System, to be known as the `Horse Heaven Wilderness', on the earlier of-- (i) the date on which the Secretary publishes in the Federal Register notice that sufficient inholdings within the boundaries of the Proposed Horse Heaven Wilderness have been acquired to establish a manageable wilderness unit; or (ii) the date on which the Secretary acquires those portions of secs. 11, 12, 13, 23, and 24 in T. 10 S, R. 18 E. that are generally depicted as within the boundaries of the `Proposed Horse Heaven Wilderness' on the proposed wilderness map. (C) MAPS; LEGAL DESCRIPTIONS- (i) IN GENERAL- As soon as practicable after the date on which a wilderness area is designated under subparagraph (A) or (B), the Secretary shall prepare a map and legal description of the wilderness area. (ii) FORCE OF LAW- The maps and legal descriptions prepared under clause (i) shall have the same force and effect as if included in this section, except that the Secretary may correct minor errors in the maps and legal descriptions. (iii) AVAILABILITY- The maps and legal descriptions prepared under clause (i) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (D) ADMINISTRATION OF WILDERNESS- (i) IN GENERAL- Subject to valid existing rights, each area designated as wilderness under subparagraph (A) or (B) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (I) 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 (II) any reference in the Wilderness Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary of the Interior. (ii) GRAZING- The grazing of livestock in a wilderness area designated under subparagraph (A) or (B), 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, in accordance with-- (I) section 4(d)(4) of the Wilderness Act (16 U.S.C. 1133(d)(4)); and (II) the guidelines set forth in Appendix A of the report of the Committee on Interior and Insular Affairs of the House of Representatives accompanying H.R. 2570 of the 101st Congress (H. Rept. 101-405). (iii) TRIBAL RIGHTS- Nothing in this subsection alters, modifies, enlarges, diminishes, or abrogates the treaty rights of any Indian tribe, including the off-reservation reserved rights secured by the Treaty with the Tribes and Bands of Middle Oregon of June 25, 1855 (12 Stat. 963). (3) INCORPORATION OF ACQUIRED LAND AND INTERESTS- Subject to paragraph (4), any land or interest in land that is acquired by the United States within the boundaries generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness' and `Proposed Horse Heaven Wilderness' shall-- (A) become part of the potential wilderness area or wilderness area, as applicable; and (B) be managed in accordance with-- (i) this subsection; and (ii) any other applicable laws. (4) TERMINATION OF AUTHORITY- (A) CATHEDRAL ROCK- If the Cathedral Rock Wilderness is not designated as wilderness in accordance with paragraph (2)(A) by the date that is 10 years after the date of enactment of this Act, paragraphs (1) through (3) shall cease to be effective with respect to the Federal land described in paragraph (1)(A)(i). (B) HORSE HEAVEN- If the Horse Heaven Wilderness is not designated as wilderness in accordance with paragraph (2)(A) by the date that is 10 years after the date of enactment of this Act, paragraphs (1) through (3) shall cease to be effective with regard to the Federal land described in paragraph (1)(A)(ii). (5) WITHDRAWAL- Subject to valid existing rights, within the boundaries generally depicted on the proposed wilderness map as `Proposed Cathedral Rock Wilderness' and `Proposed Horse Heaven Wilderness', the Federal land and any land or interest in land that is acquired by the United States is withdrawn from all forms of-- (A) entry, appropriation, and disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) operation of the mineral leasing, mineral materials, and geothermal leasing laws. SEC. 3. WILD ROGUE WILDERNESS AREA. (a) Definitions- In this section: (1) COMMISSION- The term `Commission' means the Federal Energy Regulatory Commission. (2) MAP- The term `map' means the map entitled `Wild Rogue Wilderness Additions' and dated December 8, 2011. (3) SECRETARY- The term `Secretary' means the Secretary of the Interior. (4) STATE- The term `State' means the State of Oregon. (5) WILDERNESS ADDITIONS- The term `Wilderness additions' means the land added to the Wild Rogue Wilderness by subsection (b)(1). (b) Expansion of Wild Rogue Wilderness Area- (1) EXPANSION- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 60,000 acres of Bureau of Land Management land, as generally depicted on the map, is included in the Wild Rogue Wilderness, a component of the National Wilderness Preservation System. (2) MAP; LEGAL DESCRIPTION- (A) IN GENERAL- As soon as practicable after the date of enactment of this Act, the Secretary shall file a map and legal description of the wilderness area designated by paragraph (1), with-- (i) the Committee on Energy and Natural Resources of the Senate; and (ii) the Committee on Natural Resources of the House of Representatives. (B) FORCE OF LAW- The map and legal description filed under subparagraph (A) shall have the same force and effect as if included in this section, except that the Secretary may correct typographical errors in the map and legal description. (C) PUBLIC AVAILABILITY- The map and legal description filed under subparagraph (A) shall be on file and available for public inspection in the appropriate offices of the Bureau of Land Management. (3) ADMINISTRATION- Subject to valid existing rights, the Wilderness additions shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), except that-- (A) any reference in that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (B) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary. (4) FISH AND WILDLIFE- Nothing in this subsection affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (5) ADJACENT MANAGEMENT- (A) IN GENERAL- Nothing in this subsection creates any protective perimeter or buffer zone around the Wilderness additions. (B) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use on land outside the Wilderness additions can be seen or heard within the Wilderness additions shall not preclude the activity or use outside the boundary of the Wilderness additions. (6) PROTECTION OF TRIBAL RIGHTS- Nothing in this subsection diminishes any treaty rights of an Indian tribe. (7) WITHDRAWAL- Subject to valid existing rights, the Wilderness additions are withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (c) Wild and Scenic River Designations, Rogue River Area- (1) AMENDMENTS- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by striking paragraph (5) and inserting the following: `(5) ROGUE, OREGON- `(A) IN GENERAL- The segment of the river extending from the mouth of the Applegate River downstream to the Lobster Creek Bridge, to be administered by the Secretary of the Interior or the Secretary of Agriculture, as agreed to by the Secretaries of the Interior and Agriculture or as directed by the President. `(B) ADDITIONS- In addition to the segment described in subparagraph (A), there are designated the following segments in the Rogue River: `(i) KELSEY CREEK- The approximately 4.8-mile segment of Kelsey Creek from the east section line of T. 32 S., R. 9 W., sec. 34, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(ii) EAST FORK KELSEY CREEK- The approximately 4.6-mile segment of East Fork Kelsey Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5, Willamette Meridian, to the confluence with Kelsey Creek, as a wild river. `(iii) WHISKY CREEK- `(I) RECREATIONAL RIVER- The approximately 0.6-mile segment of Whisky Creek from the confluence of the East Fork and West Fork to 0.1 miles downstream from road 33-8-23, as a recreational river. `(II) WILD RIVER- The approximately 1.9-mile segment of Whisky Creek from 0.1 miles downstream from road 33-8-23 to the confluence with the Rogue River, as a wild river. `(iv) EAST FORK WHISKY CREEK- `(I) WILD RIVER- The approximately 2.6-mile segment of East Fork Whisky Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11, Willamette Meridian., to 0.1 miles downstream of road 33-8-26 crossing, as a wild river. `(II) RECREATIONAL RIVER- The approximately 0.3-mile segment of East Fork Whisky Creek from 0.1 miles downstream of road 33-8-26 to the confluence with Whisky Creek, as a recreational river. `(v) WEST FORK WHISKY CREEK- The approximately 4.8-mile segment of West Fork Whisky Creek from its headwaters to the confluence with Whisky Creek, as a wild river. `(vi) BIG WINDY CREEK- `(I) SCENIC RIVER- The approximately 1.5-mile segment of Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-9-17.1, as a scenic river. `(II) WILD RIVER- The approximately 5.8-mile segment of Big Windy Creek from 0.1 miles downstream from road 34-9-17.1 to the confluence with the Rogue River, as a wild river. `(vii) EAST FORK BIG WINDY CREEK- `(I) SCENIC RIVER- The approximately 0.2-mile segment of East Fork Big Windy Creek from its headwaters to 0.1 miles downstream from road 34-8-36, as a scenic river. `(II) WILD RIVER- The approximately 3.7-mile segment of East Fork Big Windy Creek from 0.1 miles downstream from road 34-8-36 to the confluence with Big Windy Creek, as a wild river. `(viii) LITTLE WINDY CREEK- The approximately 1.9-mile segment of Little Windy Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. `(ix) HOWARD CREEK- `(I) SCENIC RIVER- The approximately 0.3-mile segment of Howard Creek from its headwaters to 0.1 miles downstream of road 34-9-34, as a scenic river. `(II) WILD RIVER- The approximately 6.9-mile segment of Howard Creek from 0.1 miles downstream of road 34-9-34 to the confluence with the Rogue River, as a wild river. `(x) MULE CREEK- The approximately 6.3-mile segment of Mule Creek from the east section line of T. 32 S., R. 10 W., sec. 25, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xi) ANNA CREEK- The approximately 3.5-mile segment of Anna Creek from its headwaters to the confluence with Howard Creek, as a wild river. `(xii) MISSOURI CREEK- The approximately 1.6-mile segment of Missouri Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xiii) JENNY CREEK- The approximately 1.8-mile segment of Jenny Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec.28, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xiv) RUM CREEK- The approximately 2.2-mile segment of Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xv) EAST FORK RUM CREEK- The approximately 1.3-mile segment of East Rum Creek from the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10, Willamette Meridian, to the confluence with Rum Creek, as a wild river. `(xvi) WILDCAT CREEK- The approximately 1.7-mile segment of Wildcat Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. `(xvii) MONTGOMERY CREEK- The approximately 1.8-mile segment of Montgomery Creek from its headwaters downstream to the confluence with the Rogue River, as a wild river. `(xviii) HEWITT CREEK- The approximately 1.2-mile segment of Hewitt Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xix) BUNKER CREEK- The approximately 6.6-mile segment of Bunker Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xx) DULOG CREEK- `(I) SCENIC RIVER- The approximately 0.8-mile segment of Dulog Creek from its headwaters to 0.1 miles downstream of road 34-8-36, as a scenic river. `(II) WILD RIVER- The approximately 1.0-mile segment of Dulog Creek from 0.1 miles downstream of road 34-8-36 to the confluence with the Rogue River, as a wild river. `(xxi) QUAIL CREEK- The approximately 1.7-mile segment of Quail Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xxii) MEADOW CREEK- The approximately 4.1-mile segment of Meadow Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxiii) RUSSIAN CREEK- The approximately 2.5-mile segment of Russian Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xxiv) ALDER CREEK- The approximately 1.2-mile segment of Alder Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxv) BOOZE CREEK- The approximately 1.5-mile segment of Booze Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxvi) BRONCO CREEK- The approximately 1.8-mile segment of Bronco Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxvii) COPSEY CREEK- The approximately 1.5-mile segment of Copsey Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxviii) CORRAL CREEK- The approximately 0.5-mile segment of Corral Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxix) COWLEY CREEK- The approximately 0.9-mile segment of Cowley Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxx) DITCH CREEK- The approximately 1.8-mile segment of Ditch Creek from the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5, Willamette Meridian, to its confluence with the Rogue River, as a wild river. `(xxxi) FRANCIS CREEK- The approximately 0.9-mile segment of Francis Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxxii) LONG GULCH- The approximately 1.1-mile segment of Long Gulch from the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23, Willamette Meridian, to the confluence with the Rogue River, as a wild river. `(xxxiii) BAILEY CREEK- The approximately 1.7-mile segment of Bailey Creek from the west section line of T. 34 S., R.8 W., sec.14, Willamette Meridian, to the confluence of the Rogue River, as a wild river. `(xxxiv) SHADY CREEK- The approximately 0.7-mile segment of Shady Creek from its headwaters to the confluence with the Rogue River, as a wild river. `(xxxv) SLIDE CREEK- `(I) SCENIC RIVER- The approximately 0.5-mile segment of Slide Creek from its headwaters to 0.1 miles downstream from road 33-9-6, as a scenic river. `(II) WILD RIVER- The approximately 0.7-mile section of Slide Creek from 0.1 miles downstream of road 33-9-6 to the confluence with the Rogue River, as a wild river.'. (2) MANAGEMENT- Each river segment designated by subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) shall be managed as part of the Rogue Wild and Scenic River. (3) WITHDRAWAL- Subject to valid existing rights, the Federal land within the boundaries of the river segments designated under subparagraph (B) of section 3(a)(5) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(5)) (as added by paragraph (1)) is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (d) Additional Protections for Rogue River Tributaries- (1) LICENSING BY COMMISSION- The Commission shall not license the construction of any dam, water conduit, reservoir, powerhouse, transmission line, or other project works on or directly affecting any stream described in paragraph (4). (2) OTHER AGENCIES- (A) IN GENERAL- No department or agency of the United States shall assist by loan, grant, license, or otherwise in the construction of any water resources project on or directly affecting any stream segment that is described in paragraph (4), except to maintain or repair water resources projects in existence on the date of enactment of this Act. (B) EFFECT- Nothing in this paragraph prohibits any department or agency of the United States in assisting by loan, grant, license, or otherwise, a water resources project-- (i) the primary purpose of which is ecological or aquatic restoration; and (ii) that provides a net benefit to water quality and aquatic resources. (3) WITHDRAWAL- Subject to valid existing rights, the Federal land located within a 1/4 mile on either side of the stream segments described in paragraph (4), is withdrawn from all forms of-- (A) entry, appropriation, or disposal under the public land laws; (B) location, entry, and patent under the mining laws; and (C) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials. (4) DESCRIPTION OF STREAM SEGMENTS- The following are the stream segments referred to in paragraph (1): (A) KELSEY CREEK- The approximately 4.5-mile segment of Kelsey Creek from its headwaters to the east section line of T. 32 S., R. 9 W., sec. 34. (B) EAST FORK KELSEY CREEK- The approximately 0.2-mile segment of East Fork Kelsey Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 5. (C) EAST FORK WHISKY CREEK- The approximately 0.9-mile segment of East Fork Whisky Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 11. (D) LITTLE WINDY CREEK- The approximately 1.2-mile segment of Little Windy Creek from its headwaters to the west section line of T. 33 S., R. 9 W., sec. 34. (E) MULE CREEK- The approximately 5.1-mile segment of Mule Creek from its headwaters to the east section line of T. 32 S., R. 10 W., sec. 25. (F) MISSOURI CREEK- The approximately 3.1-mile segment of Missouri Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 24. (G) JENNY CREEK- The approximately 3.1-mile segment of Jenny Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 28. (H) RUM CREEK- The approximately 2.2-mile segment of Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 9. (I) EAST FORK RUM CREEK- The approximately 0.8-mile segment of East Fork Rum Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 34 S., R. 8 W., sec. 10. (J) HEWITT CREEK- The approximately 1.4-mile segment of Hewitt Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 19. (K) QUAIL CREEK- The approximately 0.8-mile segment of Quail Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 1. (L) RUSSIAN CREEK- The approximately 0.1-mile segment of Russian Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 8 W., sec. 20. (M) DITCH CREEK- The approximately 0.7-mile segment of Ditch Creek from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 9 W., sec. 5. (N) LONG GULCH- The approximately 1.4-mile segment of Long Gulch from its headwaters to the Wild Rogue Wilderness boundary in T. 33 S., R. 10 W., sec. 23. (O) BAILEY CREEK- The approximately 1.4-mile segment of Bailey Creek from its headwaters to the west section line of T. 34 S., R. 8 W., sec. 14. (P) QUARTZ CREEK- The approximately 3.3-mile segment of Quartz Creek from its headwaters to its confluence with the North Fork Galice Creek. (Q) NORTH FORK GALICE CREEK- The approximately 5.7-mile segment of the North Fork Galice Creek from its headwaters to its confluence with Galice Creek. (R) GRAVE CREEK- The approximately 10.2-mile segment of Grave Creek from the confluence of Wolf Creek downstream to the confluence with the Rogue River. (S) CENTENNIAL GULCH- The approximately 2.2-mile segment of Centennial Gulch from its headwaters to its confluence with the Rogue River. (T) GALICE CREEK- The approximately 2.2-mile segment of Galice Creek from the confluence with the South Fork Galice Creek downstream to the Rogue River. SEC. 4. DESIGNATION OF WILD AND SCENIC RIVER SEGMENTS, MOLALLA RIVER, OREGON. (a) In General- Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) MOLALLA RIVER, OREGON- `(A) IN GENERAL- The following segments in the State of Oregon, to be administered by the Secretary of the Interior as a recreational river: `(i) MOLALLA RIVER- The approximately 15.1-mile segment from the southern boundary line of T. 7 S., R. 4 E., sec. 19, downstream to the edge of the Bureau of Land Management boundary in T. 6 S., R. 3 E., sec. 7. `(ii) TABLE ROCK FORK MOLALLA RIVER- The approximately 6.2-mile segment from the easternmost Bureau of Land Management boundary line in the NE 1/4 sec. 4, T. 7 S., R. 4 E., downstream to the confluence with the Molalla River. `(B) WITHDRAWAL- Subject to valid existing rights, the Federal land within the boundaries of the river segments designated by subparagraph (A) is withdrawn from all forms of-- `(i) entry, appropriation, or disposal under the public land laws; `(ii) location, entry, and patent under the mining laws; and `(iii) disposition under all laws relating to mineral and geothermal leasing or mineral materials.'. (b) Technical Corrections- Section 3(a)(102) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(102)) is amended-- (1) in the heading, by striking `SQUAW CREEK' and inserting `WHYCHUS CREEK'; (2) in the matter preceding subparagraph (A), by striking `McAllister Ditch, including the Soap Fork Squaw Creek, the North Fork, the South Fork, the East and West Forks of Park Creek, and Park Creek Fork' and inserting `Plainview Ditch, including the Soap Creek, the North and South Forks of Whychus Creek, the East and West Forks of Park Creek, and Park Creek'; and (3) in subparagraph (B), by striking `McAllister Ditch' and inserting `Plainview Ditch'. SEC. 5. TECHNICAL CORRECTIONS TO THE WILD AND SCENIC RIVERS ACT. Section 3(a)(69) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)(69)) is amended-- (1) by redesignating subparagraphs (A), (B), and (C) as clauses (i), (ii), and (iii), respectively, and indenting appropriately; (2) in the matter preceding clause (i) (as so redesignated), by striking `The 44.5-mile' and inserting the following: `(A) DESIGNATIONS- The 44.5-mile'; (3) in clause (i) (as so redesignated)-- (A) by striking `25.5-mile' and inserting `27.5-mile'; and (B) by striking `Boulder Creek at the Kalmiopsis Wilderness boundary' and inserting `Mislatnah Creek'; (4) in clause (ii) (as so redesignated)-- (A) by striking `8' and inserting `7.5'; and (B) by striking `Boulder Creek to Steel Bridge' and inserting `Mislatnah Creek to Eagle Creek'; (5) in clause (iii) (as so redesignated)-- (A) by striking `11' and inserting `9.5'; and (B) by striking `Steel Bridge' and inserting `Eagle Creek'; and (6) by adding at the end the following: `(B) WITHDRAWAL- Subject to valid rights, the Federal land within the boundaries of the river segments designated by subparagraph (A), is withdrawn from all forms of-- `(i) entry, appropriation, or disposal under the public land laws; `(ii) location, entry, and patent under the mining laws; and `(iii) disposition under all laws pertaining to mineral and geothermal leasing or mineral materials.'.
S.352 Feb-14-13
STATUS: February 14, 2013: Introduced. April 22, 2013: Reported to the Senate without amendment. S. Rept. 113-28 April 22, 2013: Placed on Senate Legislative Calendar. [Calendar No. 59] June 19, 2013:--Passed Senate without amendment by Unanimous Consent. June 20, 2013.--Referred to the House Committee on Natural Resources. S.352 Devil's Staircase Wilderness Act of 2013 (Introduced in Senate - IS) S 352 IS 113th CONGRESS1st SessionS. 352 To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild rivers, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 14, 2013 Mr. WYDEN (for himself and Mr. MERKLEY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To provide for the designation of the Devil's Staircase Wilderness Area in the State of Oregon, to designate segments of Wasson and Franklin Creeks in the State of Oregon as wild rivers, 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 `Devil's Staircase Wilderness Act of 2013'. SEC. 2. DEFINITIONS. In this Act: (1) MAP- The term `map' means the map entitled `Devil's Staircase Wilderness Proposal' and dated June 15, 2010. (2) SECRETARY- The term `Secretary' means-- (A) with respect to land under the jurisdiction of the Secretary of Agriculture, the Secretary of Agriculture; and (B) with respect to land under the jurisdiction of the Secretary of the Interior, the Secretary of the Interior. (3) STATE- The term `State' means the State of Oregon. (4) WILDERNESS- The term `Wilderness' means the Devil's Staircase Wilderness designated by section 3(a). SEC. 3. DEVIL'S STAIRCASE WILDERNESS, OREGON. (a) Designation- In accordance with the Wilderness Act (16 U.S.C. 1131 et seq.), the approximately 30,540 acres of Forest Service land and Bureau of Land Management land in the State, 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 `Devil's Staircase Wilderness'. (b) Map; 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) FORCE OF LAW- 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 and 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 Forest Service and Bureau of Land Management. (c) Administration- Subject to valid existing rights, the area designated as wilderness by this section 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 that Act to the effective date shall be considered to be a reference to the date of enactment of this Act; and (2) any reference in that Act to the Secretary of Agriculture shall be considered to be a reference to the Secretary that has jurisdiction over the land within the Wilderness. (d) Fish and Wildlife- Nothing in this section affects the jurisdiction or responsibilities of the State with respect to fish and wildlife in the State. (e) Adjacent Management- (1) IN GENERAL- Nothing in this section creates any protective perimeter or buffer zone around the Wilderness. (2) ACTIVITIES OUTSIDE WILDERNESS- The fact that a nonwilderness activity or use on land outside the Wilderness can be seen or heard within the Wilderness shall not preclude the activity or use outside the boundary of the Wilderness. (f) Protection of Tribal Rights- Nothing in this section diminishes any treaty rights of an Indian tribe. (g) Transfer of Administrative Jurisdiction- (1) IN GENERAL- Administrative jurisdiction over the approximately 49 acres of Bureau of Land Management land north of the Umpqua River in sec. 32, T. 21 S., R. 11 W, is transferred from the Bureau of Land Management to the Forest Service. (2) ADMINISTRATION- The Secretary shall administer the land transferred by paragraph (1) in accordance with-- (A) the Act of March 1, 1911 (commonly known as the `Weeks Law') (16 U.S.C. 480 et seq.); and (B) any laws (including regulations) applicable to the National Forest System. SEC. 4. WILD AND SCENIC RIVER DESIGNATIONS, WASSON CREEK AND FRANKLIN CREEK, OREGON. Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the end the following: `(208) FRANKLIN CREEK, OREGON- The 4.5-mile segment from its headwaters to the line of angle points within sec. 8, T. 22 S., R. 10 W., shown on the survey recorded in the Official Records of Douglas County, Oregon, as M64-62, to be administered by the Secretary of Agriculture as a wild river. `(209) WASSON CREEK, OREGON- The 10.1-mile segment in the following classes: `(A) The 4.2-mile segment from the eastern boundary of sec. 17, T. 21 S., R. 9 W., downstream to the western boundary of sec. 12, T. 21 S., R. 10 W., to be administered by the Secretary of the Interior as a wild river. `(B) The 5.9-mile segment from the western boundary of sec. 12, T. 21 S., R. 10 W., downstream to the eastern boundary of the northwest quarter of sec. 22, T. 21 S., R. 10 W., to be administered by the Secretary of Agriculture as a wild river.'.
S.349 Feb-14-13
STATUS: February 14, 2013.--Introduced. April 23, 2013.--Hearing on Subcommittee on National Parks. May 16, 2013. Full committee markup; Ordered to be reported without amendment favorably. June 13, 2013.--Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. June 27, 2013.--Reported to Senate without an amendment. S. Rept. 113-60. June 27, 2013.--Placed on Senate Legislative Calendar [Calendar No. 114]. S.349 Wood-Pawcatuck Watershed Protection Act (Introduced in Senate - IS) S 349 IS 113th CONGRESS 1st Session S. 349 To amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers System, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. REED (for himself, Mr. BLUMENTHAL, Mr. WHITEHOUSE, and Mr. MURPHY) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Wild and Scenic Rivers Act to designate a segment of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers in the States of Connecticut and Rhode Island for study for potential addition to the National Wild and Scenic Rivers 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 `Wood-Pawcatuck Watershed Protection Act'. SEC. 2. BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS STUDY. (a) Designation for Study- Section 5(a) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(a)) is amended by adding at the end the following: `(141) BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS, RHODE ISLAND AND CONNECTICUT- The following segments: `(A) The approximately 10-mile segment of the Beaver River from the headwaters in Exeter, Rhode Island, to the confluence with the Pawcatuck River. `(B) The approximately 5-mile segment of the Chipuxet River from Hundred Acre Pond to the outlet into Worden Pond. `(C) The approximately 10-mile segment of the upper Queen River from the headwaters to the Usquepaugh Dam in South Kingstown, Rhode Island, including all tributaries of the upper Queen River. `(D) The approximately 5-mile segment of the lower Queen (Usquepaugh) River from the Usquepaugh Dam to the confluence with the Pawcatuck River. `(E) The approximately 11-mile segment of the upper Wood River from the headwaters to Skunk Hill Road in Richmond and Hopkinton, Rhode Island, including all tributaries of the upper Wood River. `(F) The approximately 10-mile segment of the lower Wood River from Skunk Hill Road to the confluence with the Pawcatuck River. `(G) The approximately 28-mile segment of the Pawcatuck River from Worden Pond to Nooseneck Hill Road (Rhode Island Rte 3) in Hopkinton and Westerly, Rhode Island. `(H) The approximately 7-mile segment of the lower Pawcatuck River from Nooseneck Hill Road to Pawcatuck Rock, Stonington, Connecticut, and Westerly, Rhode Island.'. (b) Study and Report- Section 5(b) of the Wild and Scenic Rivers Act (16 U.S.C. 1276(b)) is amended by adding at the end the following: `(20) BEAVER, CHIPUXET, QUEEN, WOOD, AND PAWCATUCK RIVERS, RHODE ISLAND AND CONNECTICUT- Not later than 3 years after the date on which funds are made available to carry out this paragraph, the Secretary of the Interior shall-- `(A) complete the study of the Beaver, Chipuxet, Queen, Wood, and Pawcatuck Rivers, Rhode Island and Connecticut, described in subsection (a)(141); and `(B) submit to the appropriate committees of Congress a report that describes the results of the study.'.
S.347 Feb-14-13
STATUS: February 14, 2013: Introduced. March 14, 2013: Full Committee Business Meeting. Ordered to be reported with an amendment favorably. April 22, 2013: Reported by Senator Wyden with an amendment. With written report No. 113-27. April 22, 2013: Placed on Senate Legislative Calendar [Calendar No. 58] S.347 First State National Historical Park Act (Introduced in Senate - IS) S 347 IS 113th CONGRESS 1st Session S. 347 To establish the First State National Historical Park in the State of Delaware, and for other purposes. IN THE SENATE OF THE UNITED STATES February 14, 2013 Mr. CARPER (for himself and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the First State National Historical Park in the State of Delaware, 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 `First State National Historical Park Act'. SEC. 2. DEFINITIONS. In this Act: (1) HISTORICAL PARK- The term `historical park' means the First State National Historical Park established by section 3(a)(1). (2) SECRETARY- The term `Secretary' means the Secretary of the Interior. (3) STATE- The term `State' means-- (A) the State of Delaware; and (B) in the case of the property described in section 3(b)(8), the States of Delaware and Pennsylvania. SEC. 3. FIRST STATE NATIONAL HISTORICAL PARK. (a) Establishment- (1) IN GENERAL- Subject to paragraph (3), there is established the First State National Historical Park, to be administered as a unit of the National Park System. (2) PURPOSES- The purposes of the historical park are to preserve, protect, and interpret the nationally significant cultural and historic resources in the State that are associated with-- (A) early Dutch, Swedish, and English settlement of the Colony of Delaware and portions of the Colony of Pennsylvania; and (B) the role of Delaware -- (i) in the birth of the United States; and (ii) as the first State to ratify the Constitution. (3) DETERMINATION BY SECRETARY- (A) IN GENERAL- The historical park shall not be established until the date on which the Secretary determines that sufficient land or interests in land have been acquired from among the sites described in subsection (b) to constitute a manageable park unit. (B) NOTICE- Not later than 30 days after making a determination under subparagraph (A), the Secretary shall publish a notice in the Federal Register of the establishment of the historical park, including an official boundary map for the historical park. (C) AVAILABILITY OF MAP- The map published under subparagraph (B) shall be on file and available for public inspection in the appropriate offices of the National Park Service. (b) Historic Sites- The Secretary may include the following sites within the boundary of the historical park as generally depicted on the maps numbered 1 through 6, entitled `First State National Historical Park, New Castle, Kent, Sussex Counties, DE and Delaware County, PA' and `First State National Historical Park, Woodlawn', numbered T19/80,000G, and dated February 2013: (1) The Old Sherriff's House in New Castle County, Delaware, as depicted on map 4 of 6. (2) Fort Christina National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (3) Old Swedes Church National Historic Landmark in New Castle County, Delaware, as depicted on map 3 of 6. (4) Old New Castle Courthouse in New Castle, Delaware, as depicted on map 4 of 6. (5) John Dickinson Plantation National Historic Landmark in Kent County, Delaware, as depicted on map 5 of 6. (6) Dover Green in Kent County, Delaware, as depicted on map 5 of 6. (7) Ryves Holt House in Sussex County, Delaware, as depicted on map 6 of 6. (8) The Woodlawn property in New Castle County, Delaware, and Delaware County, Pennsylvania, as depicted on map 2 of 6. (9) Old New Castle Green, in New Castle, Delaware, as depicted on map 4 of 6. SEC. 4. ADMINISTRATION. (a) In General- The Secretary shall administer the historical park in accordance with-- (1) this Act; and (2) the laws generally applicable to units of the National Park System, including-- (A) the National Park System Organic Act (16 U.S.C. 1 et seq.); and (B) the Act of August 21, 1935 (16 U.S.C. 461 et seq.). (b) Land Acquisition- (1) METHODS- (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary may acquire all or a portion of any of the sites described in section 3(b), including easements or other interests in land, by purchase from a willing seller, donation, or exchange. (B) DONATION ONLY- (i) PROPOSED NPS SITE- The Secretary may acquire only by donation all or a portion of the property identified as `Proposed NPS Site' on map 2 of 6 entitled `First State National Historical Park, Woodlawn', numbered T19/80,000G, and dated February 2013, including easements or other interests in land. (ii) AREA FOR POTENTIAL ADDITION BY DONATION- The Secretary may acquire only by donation all or a portion of the property identified as `Area for Potential Addition by Donation' on map 2 of 6 entitled `First State National Historical Park, Woodlawn', numbered T19/80,000G, and dated February 2013. (2) BOUNDARY ADJUSTMENT- On acquisition of land or an interest in land under paragraph (1), the boundary of the historical park shall be adjusted to reflect the acquisition. (c) Interpretive Tours- The Secretary may provide interpretive tours to sites and resources in the State that are located outside the boundary of the historical park and associated with the purposes for which the historical park is established, including-- (1) Fort Casimir; (2) DeVries Monument; (3) Amstel House; (4) Dutch House; and (5) Zwaanendael Museum. (d) Cooperative Agreements- (1) IN GENERAL- The Secretary may enter into a cooperative agreement with the State, political subdivisions of the State, institutions of higher education, nonprofit organizations, and individuals to mark, interpret, and restore nationally significant historic or cultural resources within the boundaries of the historical park, if the cooperative agreement provides for reasonable public access to the resources. (2) COST-SHARING REQUIREMENT- (A) FEDERAL SHARE- The Federal share of the total cost of any activity carried out under a cooperative agreement entered into under paragraph (1) shall be not more than 50 percent. (B) FORM OF NON-FEDERAL SHARE- The non-Federal share may be in the form of in-kind contributions or goods or services fairly valued. (e) Management Plan- (1) IN GENERAL- Not later than 3 fiscal years after the date on which funds are made available to carry out this subsection, the Secretary shall complete a management plan for the historical park. (2) APPLICABLE LAW- The management plan shall be prepared in accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 1a-7(b)) and other applicable laws. SEC. 5. NATIONAL LANDMARK STUDY. (a) In General- Not later than 3 years after the date on which funds are made available to carry out this section, the Secretary shall complete a study assessing the historical significance of additional properties in the State that are associated with the purposes of historical park. (b) Requirements- The study prepared under subsection (a) shall include an assessment of the potential for designating the additional properties as National Historic Landmarks. SEC. 6. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as are necessary to carry out this Act.
S.343 Feb-14-13
STATUS: February 14, 2013.--Introduced. July 30, 2013.—Hearing by subcommittee. S.Hrg. 113-85 S.343 Three Kids Mine Remediation and Reclamation Act (Introduced in Senate - IS) S 343 IS 113th CONGRESS1st SessionS. 343 To provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, and for other purposes. IN THE SENATE OF THE UNITED STATESFebruary 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 provide for the conveyance of certain Federal land in Clark County, Nevada, for the environmental remediation and reclamation of the Three Kids Mine Project Site, 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 `Three Kids Mine Remediation and Reclamation Act'. SEC. 2. DEFINITIONS. In this Act: (1) FEDERAL LAND- The term `Federal land' means the approximately 948 acres of Bureau of Reclamation and Bureau of Land Management land within the Three Kids Mine Project Site, as depicted on the map. (2) HAZARDOUS SUBSTANCE; POLLUTANT OR CONTAMINANT; REMEDY- The terms `hazardous substance', `pollutant or contaminant', and `remedy' have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601). (3) HENDERSON REDEVELOPMENT AGENCY- The term `Henderson Redevelopment Agency' means the redevelopment agency of the City of Henderson, Nevada, established and authorized to transact business and exercise the powers of the agency in accordance with the Nevada Community Redevelopment Law (Nev. Rev. Stat. 279.382 to 279.685). (4) MAP- The term `map' means the map entitled `Three Kids Mine Project Area' and dated February 6, 2012. (5) SECRETARY- The term `Secretary' means the Secretary of the Interior. (6) STATE- The term `State' means the State of Nevada. (7) THREE KIDS MINE PROJECT SITE- The term `Three Kids Mine Project Site' means the approximately 1,262 acres of land that is-- (A) comprised of-- (i) the Federal land; and (ii) the approximately 314 acres of adjacent non-Federal land; and (B) depicted as the `Three Kids Mine Project Site' on the map. SEC. 3. LAND CONVEYANCE. (a) In General- Notwithstanding sections 202 and 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712, 1713), not later than 90 days after the date on which the Secretary determines that the conditions described in subsection (b) have been met, and subject to valid existing rights and applicable law, the Secretary shall convey to the Henderson Redevelopment Agency all right, title, and interest of the United States in and to the Federal land. (b) Conditions- (1) APPRAISAL; FAIR MARKET VALUE- (A) IN GENERAL- As consideration for the conveyance under subsection (a), the Henderson Redevelopment Agency shall pay the fair market value of the Federal land, if any, as determined under subparagraph (B) and as adjusted under subparagraph (F). (B) APPRAISAL- The Secretary shall determine the fair market value of the Federal land based on an appraisal-- (i) that is 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; and (ii) that does not take into account any existing contamination associated with historical mining on the Federal land. (C) REMEDIATION AND RECLAMATION COSTS- (i) IN GENERAL- The Secretary shall prepare a reasonable estimate of the costs to assess, remediate, and reclaim the Three Kids Mine Project Site. (ii) CONSIDERATIONS- The estimate prepared under clause (i) shall be-- (I) based on the results of a comprehensive Phase II environmental site assessment of the Three Kids Mine Project Site prepared by the Henderson Redevelopment Agency or a designee that has been approved by the State; and (II) prepared in accordance with the current version of the ASTM International Standard E-2137-06 entitled `Standard Guide for Estimating Monetary Costs and Liabilities for Environmental Matters'. (iii) ASSESSMENT REQUIREMENTS- The Phase II environmental site assessment prepared under clause (ii)(I) shall, without limiting any additional requirements that may be required by the State, be conducted in accordance with the procedures of-- (I) the most recent version of ASTM International Standard E-1527-05 entitled `Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process'; and (II) the most recent version of ASTM International Standard E-1903-11 entitled `Standard Guide for Environmental Site Assessments: Phase II Environmental Site Assessment Process'. (iv) REVIEW OF CERTAIN INFORMATION- (I) IN GENERAL- The Secretary shall review and consider cost information proffered by the Henderson Redevelopment Agency and the State in the preparation of the estimate under this subparagraph. (II) FINAL DETERMINATION- If there is a disagreement among the Secretary, Henderson Redevelopment Agency, and the State over the reasonable estimate of costs under this subparagraph, the parties shall jointly select 1 or more experts to assist the Secretary in making the final estimate of the costs. (D) DEADLINE- Not later than 30 days after the date of enactment of this Act, the Secretary shall begin the appraisal and cost estimates under subparagraphs (B) and (C), respectively. (E) APPRAISAL COSTS- The Henderson Redevelopment Agency shall reimburse the Secretary for the costs incurred in performing the appraisal under subparagraph (B). (F) ADJUSTMENT- The Secretary shall administratively adjust the fair market value of the Federal land, as determined under subparagraph (B), based on the estimate of remediation, and reclamation costs, as determined under subparagraph (C). (2) MINE REMEDIATION AND RECLAMATION AGREEMENT EXECUTED- (A) IN GENERAL- The conveyance under subsection (a) shall be contingent on-- (i) the Secretary receiving from the State written notification that a mine remediation and reclamation agreement has been executed in accordance with subparagraph (B); and (ii) the Secretary concurring, by the date that is 30 days after the date of receipt of the written notification under clause (i), that the requirements under subparagraph (B) have been met. (B) REQUIREMENTS- The mine remediation and reclamation agreement required under subparagraph (A) shall be an enforceable consent order or agreement between the State and a party obligated to perform under the consent order or agreement administered by the State that-- (i) obligates a party to perform, after the conveyance of the Federal land under this Act, the remediation and reclamation work at the Three Kids Mine Project Site necessary to ensure all remedial actions necessary to protect human health and the environment with respect to any hazardous substances, pollutant, or contaminant will be taken, in accordance with all Federal, State, and local requirements; and (ii) contains provisions determined to be necessary by the State, including financial assurance provisions to ensure the completion of the remedy. (3) NOTIFICATION FROM AGENCY- As a condition of the conveyance under subsection (a), not later than 90 days after the date of execution of the mine remediation and reclamation agreement required under paragraph (2), the Henderson Redevelopment Agency shall submit to the Secretary written notification that the Henderson Redevelopment Agency is prepared to accept conveyance of the Federal land under subsection (a). SEC. 4. WITHDRAWAL. (a) In General- Subject to valid existing rights, for the 10-year period beginning on the earlier of the date of enactment of this Act or the date of the conveyance required by this Act, the Federal land is withdrawn from all forms of-- (1) entry, appropriation, operation, 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 the geothermal leasing laws. (b) Existing Reclamation Withdrawals- Subject to valid existing rights, any withdrawal under the public land laws that includes all or any portion of the Federal land for which the Bureau of Reclamation has determined that the Bureau of Reclamation has no further need under applicable law is relinquished and revoked solely to the extent necessary-- (1) to exclude from the withdrawal the property that is no longer needed; and (2) to allow for the immediate conveyance of the Federal land as required under this Act. (c) Existing Reclamation Project and Permitted Facilities- Except as provided in subsection (a), nothing in this Act diminishes, hinders, or interferes with the exclusive and perpetual use by the existing rights holders for the operation, maintenance, and improvement of water conveyance infrastructure and facilities, including all necessary ingress and egress, situated on the Federal land that were constructed or permitted by the Bureau of Reclamation before the effective date of this Act. SEC. 5. ACEC BOUNDARY ADJUSTMENT. Notwithstanding section 203 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1713), the boundary of the River Mountains Area of Critical Environmental Concern (NVN 76884) is adjusted to exclude any portion of the Three Kids Mine Project Site consistent with the map. SEC. 6. RESPONSIBILITIES OF THE PARTIES. (a) Responsibility of Parties to Mine Remediation and Reclamation Agreement- On completion of the conveyance under section 3, the responsibility for complying with the mine remediation and reclamation agreement executed under section 3(b)(2) shall apply to the parties to the agreement. (b) Savings Provision- If the conveyance under this Act has occurred, but the terms of the agreement executed under section 3(b)(2) have not been met, nothing in this Act-- (1) affects the responsibility of the Secretary to take any additional response action necessary to protect public health and the environment from a release or the threat of a release of a hazardous substance, pollutant, or contaminant; or (2) unless otherwise expressly provided, modifies, limits, or otherwise affects-- (A) the application of, or obligation to comply with, any law, including any environmental or public health law; or (B) the authority of the United States to enforce compliance with the requirements of any law or the agreement executed under section 3(b)(2).
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.