One Hundred Third Congress of the United States of America · by millions of Americans for hiking...

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S. 21

One Hundred Third Congressof the

United States of AmericaAT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,the twenty-fifth day of January, one thousand nine hundred and ninety-four

An ActTo designate certain lands in the California Desert as wilderness, to establish

the Death Valley and Joshua Tree National Parks, to establish the Mojave NationalPreserve, and for other purposes.

Be it enacted by the Senate and House of Representatives ofthe United States of America in Congress assembled,SECTION 1. SHORT TITLE.

Sections 1 and 2, and titles I through IX of this Act maybe cited as the ‘‘California Desert Protection Act of 1994’’.SEC. 2. FINDINGS AND POLICY.

(a) The Congress finds and declares that—(1) the federally owned desert lands of southern California

constitute a public wildland resource of extraordinary and ines-timable value for this and future generations;

(2) these desert wildlands display unique scenic, historical,archeological, environmental, ecological, wildlife, cultural, sci-entific, educational, and recreational values used and enjoyedby millions of Americans for hiking and camping, scientificstudy and scenic appreciation;

(3) the public land resources of the California desert nowface and are increasingly threatened by adverse pressureswhich would impair, dilute, and destroy their public and naturalvalues;

(4) the California desert, embracing wilderness lands, unitsof the National Park System, other Federal lands, State parksand other State lands, and private lands, constitutes a cohesiveunit posing unique and difficult resource protection andmanagement challenges;

(5) through designation of national monuments by Presi-dential proclamation, through enactment of general public landstatutes (including section 601 of the Federal Land Policy andManagement Act of 1976, 90 Stat. 2743, 43 U.S.C. 1701 etseq.) and through interim administrative actions, the FederalGovernment has begun the process of appropriately providingfor protection of the significant resources of the public landsin the California desert; and

(6) statutory land unit designations are needed to affordthe full protection which the resources and public land valuesof the California desert merit.(b) In order to secure for the American people of this and

future generations an enduring heritage of wilderness, nationalparks, and public land values in the California desert, it is herebydeclared to be the policy of the Congress that—

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(1) appropriate public lands in the California desert shallbe included within the National Park System and the NationalWilderness Preservation System, in order to—

(A) preserve unrivaled scenic, geologic, and wildlifevalues associated with these unique natural landscapes;

(B) perpetuate in their natural state significant anddiverse ecosystems of the California desert;

(C) protect and preserve historical and cultural valuesof the California desert associated with ancient Indiancultures, patterns of western exploration and settlement,and sites exemplifying the mining, ranching and railroad-ing history of the Old West;

(D) provide opportunities for compatible outdoor publicrecreation, protect and interpret ecological and geologicalfeatures and historic, paleontological, and archeologicalsites, maintain wilderness resource values, and promotepublic understanding and appreciation of the Californiadesert; and

(E) retain and enhance opportunities for scientificresearch in undisturbed ecosystems.

TITLE I—DESIGNATION OF WILDER-NESS AREAS TO BE ADMINISTEREDBY THE BUREAU OF LAND MANAGE-MENT

SEC. 101. FINDINGS.

The Congress finds and declares that—(1) wilderness is a distinguishing characteristic of the pub-

lic lands in the California desert, one which affords an unrivaledopportunity for experiencing vast areas of the Old West essen-tially unaltered by man’s activities, and which merits preserva-tion for the benefit of present and future generations;

(2) the wilderness values of desert lands are increasinglythreatened by and especially vulnerable to impairment, alter-ation, and destruction by activities and intrusions associatedwith incompatible use and development; and

(3) preservation of desert wilderness necessarily requiresthe highest forms of protective designation and management.

SEC. 102. DESIGNATION OF WILDERNESS.

In furtherance of the purpose of the Wilderness Act (78 Stat.890, 16 U.S.C. 1131 et seq.), and sections 601 and 603 of theFederal Land Policy and Management Act of 1976 (90 Stat. 2743,43 U.S.C. 1701 et seq.), the following lands in the State of Califor-nia, as generally depicted on maps referenced herein, are herebydesignated as wilderness, and therefore, as components of theNational Wilderness Preservation System:

(1) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seventy-four thousand eight hundred and ninetyacres, as generally depicted on a map entitled ‘‘Argus RangeWilderness—Proposed 1’’, dated May 1991, and two maps enti-tled ‘‘Argus Range Wilderness—Proposed 2’’ and ‘‘Argus RangeWilderness—Proposed 3’’, dated January 1989, and which shall

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be known as the Argus Range Wilderness. If at any timewithin fifteen years after the date of enactment of this Actthe Secretary of the Navy notifies the Secretary that permissionhas been granted to use lands within the area of the ChinaLake Naval Air Warfare Center for installation of a spaceenergy laser facility, and that establishment of a right-of-wayacross lands within the Argus Range Wilderness is desirablein order to facilitate access to the lands to be used for suchfacility, the Secretary of the Interior, pursuant to the FederalLand Policy and Management Act of 1976, may grant a right-of-way for, and authorize construction of, a road to be usedsolely for that purpose across such lands, notwithstanding thedesignation of such lands as wilderness. So far as practicable,any such road shall be aligned in a manner that takes intoaccount the desirability of minimizing adverse impacts onwilderness values.

(2) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately ten thousand three hundred and eighty acres,as generally depicted on a map entitled ‘‘Bigelow Cholla GardenWilderness— Proposed’’, dated July 1993, and which shall beknown as the Bigelow Cholla Garden Wilderness.

(3) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, and within theSan Bernardino National Forest, which comprise approximatelythirty-nine thousand one hundred and eighty-five acres, asgenerally depicted on a map entitled ‘‘Bighorn Mountain Wilder-ness—Proposed’’, dated July 1993, and which shall be knownas the Bighorn Mountain Wilderness.

(4) Certain lands in the California Desert ConservationArea and the Yuma District, of the Bureau of Land Manage-ment, which comprise approximately forty-seven thousand fivehundred and seventy acres, as generally depicted on a mapentitled ‘‘Big Maria Mountains Wilderness—Proposed’’, datedFebruary 1986, and which shall be known as the Big MariaMountains Wilderness.

(5) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirteen thousand nine hundred and forty acres,as generally depicted on a map entitled ‘‘Black MountainWilderness—Proposed’’, dated July 1993, and which shall beknown as the Black Mountain Wilderness.

(6) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately nine thousand five hundred and twenty acres,as generally depicted on a map entitled ‘‘Bright Star Wilder-ness—Proposed’’, dated October 1993, and which shall be knownas the Bright Star Wilderness.

(7) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately sixty-eight thousand five hundred and fifteenacres, as generally depicted on two maps entitled ‘‘Bristol Moun-tains Wilderness—Proposed 1’’, and ‘‘Bristol Mountains Wilder-ness—Proposed 2’’, dated September 1991, and which shallbe known as Bristol Mountains Wilderness.

(8) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which comprise

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approximately thirty-nine thousand seven hundred and fortyacres, as generally depicted on a map entitled ‘‘Cadiz DunesWilderness—Proposed’’, dated July 1993, and which shall beknown as the Cadiz Dunes Wilderness.

(9) Certain lands in the California Desert ConservationArea and Eastern San Diego County, of the Bureau of LandManagement, which comprise approximately fifteen thousandseven hundred acres, as generally depicted on a map entitled‘‘Carrizo Gorge Wilderness—Proposed’’, dated February 1986,and which shall be known as the Carrizo Gorge Wilderness.

(10) Certain lands in the California Desert ConservationArea and Yuma District, of the Bureau of Land Management,which comprise approximately sixty-four thousand three hun-dred and twenty acres, as generally depicted on a map entitled‘‘Chemehuevi Mountains Wilderness—Proposed’’, dated July1993, and which shall be known as the Chemehuevi MountainsWilderness.

(11) Certain lands in the Bakersfield District, of the Bureauof Land Management, which comprise approximately thirteenthousand seven hundred acres, as generally depicted on twomaps entitled ‘‘Chimney Park Wilderness—Proposed 1’’ and‘‘Chimney Peak Wilderness—Proposed 2’’, dated May 1991, andwhich shall be known as the Chimney Peak Wilderness.

(12) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately eighty thousand seven hundred and seventyacres, as generally depicted on two maps entitled ‘‘ChuckwallaMountains Wilderness—Proposed 1’’ and ‘‘Chuckwalla Moun-tains Wilderness—Proposed 2’’, dated July 1992, and whichshall be known as the Chuckwalla Mountains Wilderness.

(13) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which comprisethirty-three thousand nine hundred and eighty acres, as gen-erally depicted on a map entitled ‘‘Cleghorn Lakes Wilderness—Proposed’’, dated July 1993, and which shall be known asthe Cleghorn Lakes Wilderness. The Secretary may, pursuantto an application filed by the Department of Defense, granta right-of-way for, and authorize construction of, a road withinthe area depicted as ‘‘nonwilderness road corridor’’ on suchmap.

(14) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-six thousand acres, as generally depictedon a map entitled ‘‘Clipper Mountain Wilderness—Proposed’’,dated July 1993, and which shall be known as Clipper MountainWilderness.

(15) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately fifty thousand five hundred and twenty acres,as generally depicted on a map entitled ‘‘Coso Range Wilder-ness—Proposed’’, dated May 1991, and which shall be knownas Coso Range Wilderness.

(16) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seventeen thousand acres, as generally depictedon a map entitled ‘‘Coyote Mountains Wilderness—Proposed’’,

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dated July 1993, and which shall be known as Coyote Moun-tains Wilderness.

(17) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately eight thousand six hundred acres, as generallydepicted on a map entitled ‘‘Darwin Falls Wilderness—Pro-posed’’, dated May 1991, and which shall be known as DarwinFalls Wilderness.

(18) Certain lands in the California Desert ConservationArea and the Yuma District, of the Bureau of Land Manage-ment, which comprise approximately forty-eight thousand eighthundred and fifty acres, as generally depicted on a map entitled‘‘Dead Mountains Wilderness—Proposed’’, dated October 1991,and which shall be known as Dead Mountains Wilderness.

(19) Certain lands in the Bakersfield District, of the Bureauof Land Management, which comprise approximately thirty-six thousand three hundred acres, as generally depicted ontwo maps entitled ‘‘Domeland Wilderness Additions—Proposed1’’ and ‘‘Domeland Wilderness Additions—Proposed 2’’, datedFebruary 1986, and which are hereby incorporated in, andwhich shall be deemed to be a part of, the Domeland Wildernessas designated by Public Laws 93–632 and 98–425.

(20) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-three thousand seven hundred and eightyacres, as generally depicted on a map entitled ‘‘El Paso Moun-tains Wilderness—Proposed’’, dated July 1993, and which shallbe known as the El Paso Mountains Wilderness.

(21) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-five thousand nine hundred and fortyacres, as generally depicted on a map entitled ‘‘Fish CreekMountains Wilderness—Proposed’’, dated July 1993, and whichshall be known as Fish Creek Mountains Wilderness.

(22) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-eight thousand one hundred and tenacres, as generally depicted on a map entitled ‘‘Funeral Moun-tains Wilderness—Proposed’’, dated May 1991, and which shallbe known as Funeral Mountains Wilderness.

(23) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-seven thousand seven hundred acres, asgenerally depicted on a map entitled ‘‘Golden Valley Wilder-ness—Proposed’’, dated February 1986, and which shall beknown as Golden Valley Wilderness.

(24) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-one thousand six hundred and ninety-five acres, as generally depicted on a map entitled ‘‘GrassValley Wilderness—Proposed’’, dated July 1993, and whichshall be known as the Grass Valley Wilderness.

(25) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-two thousand two hundred and fortyacres, as generally depicted on a map entitled ‘‘Hollow Hills

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Wilderness—Proposed’’, dated May 1991, and which shall beknown as the Hollow Hills Wilderness.

(26) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-six thousand four hundred and sixtyacres, as generally depicted on a map entitled ‘‘Ibex Wilder-ness—Proposed’’, dated May 1991, and which shall be knownas the Ibex Wilderness.

(27) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-three thousand eight hundred and fifty-five acres, as generally depicted on a map entitled ‘‘IndianPass Wilderness—Proposed’’, dated July 1993, and which shallbe known as the Indian Pass Wilderness.

(28) Certain lands in the California Desert ConservationArea and the Bakersfield District, of the Bureau of LandManagement, and within the Inyo National Forest, which com-prise approximately two hundred and five thousand and twentyacres, as generally depicted on three maps entitled ‘‘Inyo Moun-tains Wilderness—Proposed 1’’, ‘‘Inyo Mountains Wilderness—Proposed 2’’, ‘‘Inyo Mountains Wilderness—Proposed 3’’, datedMay 1991, and which shall be known as the Inyo MountainsWilderness.

(29) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-three thousand six hundred and seventyacres, as generally depicted on a map entitled ‘‘Jacumba Wilder-ness—Proposed’’, dated July 1993, and which shall be knownas the Jacumba Wilderness.

(30) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately one hundred and twenty-nine thousand five hun-dred and eighty acres, as generally depicted on a map entitled‘‘Kelso Dunes Wilderness—Proposed 1’’, dated October 1991,a map entitled ‘‘Kelso Dunes Wilderness—Proposed 2’’, datedMay 1991, and a map entitled ‘‘Kelso Dunes Wilderness—Proposed 3’’, dated September 1991, and which shall be knownas the Kelso Dunes Wilderness.

(31) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, and the SequoiaNational Forest, which comprise approximately eighty-eightthousand two hundred and ninety acres, as generally depictedon a map entitled ‘‘Kiavah Wilderness—Proposed 1’’, datedFebruary 1986, and a map entitled ‘‘Kiavah Wilderness—Pro-posed 2’’, dated October 1993, and which shall be known asthe Kiavah Wilderness.

(32) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately two hundred nine thousand, six hundred andeight acres, as generally depicted on four maps entitled ‘‘Kings-ton Range Wilderness—Proposed 1’’, ‘‘Kingston Range Wilder-ness—Proposed 2’’, ‘‘Kingston Range Wilderness—Proposed 3’’,‘‘Kingston Range Wilderness—Proposed 4’’, dated July 1993,and which shall be known as the Kingston Range Wilderness.

(33) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-nine thousand eight hundred and eighty

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acres, as generally depicted on a map entitled ‘‘LittleChuckwalla Mountains Wilderness—Proposed’’, dated July1993, and which shall be known as the Little ChuckwallaMountains Wilderness.

(34) Certain lands in the California Desert ConservationArea and the Yuma District, of the Bureau of Land Manage-ment, which comprise approximately thirty-three thousand sixhundred acres, as generally depicted on a map entitled ‘‘LittlePicacho Wilderness—Proposed’’, dated July 1993, and whichshall be known as the Little Picacho Wilderness.

(35) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-two thousand three hundred and sixtyacres, as generally depicted on a map entitled ‘‘Malpais MesaWilderness—Proposed’’, dated September 1991, and which shallbe known as the Malpais Mesa Wilderness.

(36) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately sixteen thousand one hundred and five acres,as generally depicted on a map entitled ‘‘Manly Peak Wilder-ness—Proposed’’, dated October 1991, and which shall be knownas the Manly Peak Wilderness.

(37) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-four thousand two hundred acres, as gen-erally depicted on a map entitled ‘‘Mecca Hills Wilderness—Proposed’’, dated July 1993, and which shall be known asthe Mecca Hills Wilderness.

(38) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately forty-seven thousand three hundred and thirtyacres, as generally depicted on a map entitled ‘‘Mesquite Wilder-ness—Proposed’’, dated May 1991, and which shall be knownas the Mesquite Wilderness.

(39) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-two thousand nine hundred acres, asgenerally depicted on a map entitled ‘‘Newberry MountainsWilderness—Proposed’’, dated February 1986, and which shallbe known as the Newberry Mountains Wilderness.

(40) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately one hundred ten thousand eight hundred andsixty acres, as generally depicted on a map entitled ‘‘NopahRange Wilderness—Proposed’’, dated July 1993, and which shallbe known as the Nopah Range Wilderness.

(41) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-two thousand two hundred and fortyacres, as generally depicted on a map entitled ‘‘North AlgodonesDunes Wilderness—Proposed’’, dated October 1991, and whichshall be known as the North Algodones Dunes Wilderness.

(42) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-five thousand five hundred and fortyacres, as generally depicted on a map entitled ‘‘North Mesquite

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Mountains Wilderness—Proposed’’, dated May 1991, and whichshall be known as the North Mesquite Mountains Wilderness.

(43) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately one hundred forty-six thousand and twentyacres, as generally depicted on a map entitled ‘‘Old WomanMountains Wilderness—Proposed 1’’, dated July 1993 and amap entitled ‘‘Old Woman Mountains Wilderness—Proposed2’’, dated July 1993, and which shall be known as the OldWoman Mountains Wilderness.

(44) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately forty thousand seven hundred and thirty-fiveacres, as generally depicted on a map entitled ‘‘Orocopia Moun-tains Wilderness—Proposed’’, dated July 1993, and which shallbe known as the Orocopia Mountains Wilderness.

(45) Certain lands in the California Desert ConservationArea and the Bakersfield District, of the Bureau of LandManagement, which comprise approximately seventy-four thou-sand and sixty acres, as generally depicted on a map entitled‘‘Owens Peak Wilderness—Proposed 1’’, dated February 1986,a map entitled ‘‘Owens Peak Wilderness—Proposed 2’’, datedMarch 1994, and a map entitled ‘‘Owens Peak Wilderness—Proposed 3’’, dated May 1991, and which shall be known asthe Owens Peak Wilderness.

(46) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seventy-four thousand eight hundred acres, asgenerally depicted on a map entitled ‘‘Pahrump Valley Wilder-ness—Proposed’’, dated February 1986, and which shall beknown as the Pahrump Valley Wilderness.

(47) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately two hundred seventy thousand six hundred andtwenty-nine acres, as generally depicted on a map entitled‘‘Palen/McCoy Wilderness—Proposed 1’’, dated July 1993, anda map entitled ‘‘Palen/McCoy Wilderness—Proposed 2’’, datedJuly 1993, and which shall be known as the Palen/McCoyWilderness.

(48) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-two thousand three hundred and tenacres, as generally depicted on a map entitled ‘‘Palo VerdeMountains Wilderness—Proposed’’, dated July 1993, and whichshall be known as the Palo Verde Mountains Wilderness.

(49) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seven thousand seven hundred acres, as gen-erally depicted on a map entitled ‘‘Picacho Peak Wilderness—Proposed’’, dated May 1991, and which shall be known asthe Picacho Peak Wilderness.

(50) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seventy-two thousand five hundred and seventy-five acres, as generally depicted on a map entitled ‘‘Piper Moun-tain Wilderness—Proposed’’, dated October 1993, and whichshall be known as the Piper Mountain Wilderness.

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(51) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-six thousand eight hundred and fortyacres, as generally depicted on a map entitled ‘‘Piute MountainsWilderness—Proposed’’, dated July 1993, and which shall beknown as the Piute Mountains Wilderness.

(52) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seventy-eight thousand eight hundred and sixty-eight acres, as generally depicted on a map entitled ‘‘RestingSpring Range Wilderness—Proposed’’, dated May 1991, andwhich shall be known as the Resting Spring Range Wilderness.

(53) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately forty thousand eight hundred and twenty acres,as generally depicted on a map entitled ‘‘Rice Valley Wilder-ness—Proposed’’, dated May 1991, and which shall be knownas the Rice Valley Wilderness.

(54) Certain lands in the California Desert ConservationArea and the Yuma District, of the Bureau of Land Manage-ment, which comprise approximately twenty-two thousandthree hundred eighty acres, as generally depicted on a mapentitled ‘‘Riverside Mountains Wilderness—Proposed’’, datedMay 1991, and which shall be known as the Riverside Moun-tains Wilderness.

(55) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-seven thousand six hundred and ninetyacres, as generally depicted on a map entitled ‘‘Rodman Moun-tains Wilderness—Proposed’’, dated October 1994, and whichshall be known as the Rodman Mountains Wilderness.

(56) Certain lands in the California Desert ConservationArea and the Bakersfield District, of the Bureau of LandManagement, which comprise approximately fifty-one thousandnine hundred acres, as generally depicted on two maps entitled‘‘Sacatar Trail Wilderness—Proposed 1’’ and ‘‘Sacatar TrailWilderness—Proposed 2’’, dated May 1991, and which shallbe known as the Sacatar Trail Wilderness.

(57) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately one thousand four hundred and forty acres, asgenerally depicted on a map entitled ‘‘Saddle Peak Hills Wilder-ness—Proposed’’, dated July 1993, and which shall be knownas the Saddle Peak Hills Wilderness.

(58) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-seven thousand nine hundred and eightyacres, as generally depicted on a map entitled ‘‘San GorgonioWilderness Additions—Proposed’’, dated July 1993, and whichare hereby incorporated in, and which shall be deemed tobe a part of, the San Gorgonio Wilderness as designated byPublic Laws 88–577 and 98–425.

(59) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately sixty-four thousand three hundred and fortyacres, as generally depicted on a map entitled ‘‘Santa RosaWilderness Additions—Proposed’’, dated March 1994, and which

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are hereby incorporated in, and which shall be deemed tobe part of, the Santa Rosa Wilderness designated by PublicLaw 98–425.

(60) Certain lands in the California Desert District, ofthe Bureau of Land Management, which comprise approxi-mately thirty-five thousand and eighty acres, as generallydepicted on a map entitled ‘‘Sawtooth Mountains Wilderness—Proposed’’, dated July 1993, and which shall be known asthe Sawtooth Mountains Wilderness.

(61) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately one hundred seventy-four thousand eight hun-dred acres, as generally depicted on two maps entitled‘‘Sheephole Valley Wilderness—Proposed 1’’, dated July 1993,and ‘‘Sheephole Valley Wilderness—Proposed 2’’, dated July1993, and which shall be known as the Sheephole ValleyWilderness.

(62) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately sixteen thousand seven hundred and eightyacres, as generally depicted on a map entitled ‘‘South NopahRange Wilderness—Proposed’’, dated February 1986, and whichshall be known as the South Nopah Range Wilderness.

(63) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seven thousand and fifty acres, as generallydepicted on a map entitled ‘‘Stateline Wilderness—Proposed’’,dated May 1991, and which shall be known as the StatelineWilderness.

(64) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately eighty-one thousand six hundred acres, as gen-erally depicted on a map entitled ‘‘Stepladder MountainsWilderness—Proposed’’, dated February 1986, and which shallbe known as the Stepladder Mountains Wilderness.

(65) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately twenty-nine thousand one hundred and eightyacres, as generally depicted on a map entitled ‘‘Surprise CanyonWilderness—Proposed’’, dated September 1991, and which shallbe known as the Surprise Canyon Wilderness.

(66) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately seventeen thousand eight hundred and twentyacres, as generally depicted on a map entitled ‘‘Sylvania Moun-tains Wilderness—Proposed’’, dated February 1986, and whichshall be known as the Sylvania Mountains Wilderness.

(67) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately thirty-one thousand one hundred and sixty acres,as generally depicted on a map entitled ‘‘Trilobite Wilderness—Proposed’’, dated July 1993, and which shall be known asthe Trilobite Wilderness.

(68) Certain lands in the California Desert ConservationArea, of the Bureau of Land Management, which compriseapproximately one hundred forty-four thousand five hundredacres, as generally depicted on a map entitled ‘‘Turtle Moun-

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tains Wilderness—Proposed 1’’, dated February 1986 and amap entitled ‘‘Turtle Mountains Wilderness—Proposed 2’’,dated May 1991, and which shall be known as the TurtleMountains Wilderness.

(69) Certain lands in the California Desert ConservationArea and the Yuma District, of the Bureau of Land Manage-ment, which comprise approximately seventy-seven thousandfive hundred and twenty acres, as generally depicted on amap entitled ‘‘Whipple Mountains Wilderness—Proposed’’,dated July 1993, and which shall be known as the WhippleMountains Wilderness.

SEC. 103. ADMINISTRATION OF WILDERNESS AREAS.

(a) MANAGEMENT.—Subject to valid existing rights, each wilder-ness area designated under section 102 shall be administered bythe Secretary of the Interior (hereinafter in this Act referred toas the ‘‘Secretary’’) or the Secretary of Agriculture, as appropriate,in accordance with the provisions of the Wilderness Act, exceptthat any reference in such provisions to the effective date of theWilderness Act shall be deemed to be a reference to the effectivedate of this title and any reference to the Secretary of Agricultureshall be deemed to be a reference to the Secretary who has adminis-trative jurisdiction over the area.

(b) MAP AND LEGAL DESCRIPTIONS.—As soon as practicableafter the date of enactment of section 102, the Secretary concernedshall file a map and legal description for each wilderness areadesignated under this title with the Committee on Energy andNatural Resources of the United States Senate and the Committeeon Natural Resources of the United States House of Representa-tives. Each such map and description shall have the same forceand effect as if included in this title, except that the Secretaryor the Secretary of Agriculture, as appropriate, may correct clericaland typographical errors in each such legal description and map.Each such map and legal description shall be on file and availablefor public inspection in the office of the Director of the Bureauof Land Management, Department of the Interior, or the Chiefof the Forest Service, Department of Agriculture, as appropriate.

(c) LIVESTOCK.—Within the wilderness areas designated undersection 102, the grazing of livestock, where established prior tothe date of enactment of this Act, shall be permitted to continuesubject to such reasonable regulations, policies, and practices asthe Secretary deems necessary, as long as such regulations, policies,and practices fully conform with and implement the intent of Con-gress regarding grazing in such areas as such intent is expressedin the Wilderness Act and section 101(f) of Public Law 101–628.

(d) NO BUFFER ZONES.—The Congress does not intend for thedesignation of wilderness areas in section 102 of this title to leadto the creation of protective perimeters or buffer zones aroundany such wilderness area. The fact that nonwilderness activitiesor uses can be seen or heard from areas within a wildernessarea shall not, of itself, preclude such activities or uses up tothe boundary of the wilderness area.

(e) FISH AND WILDLIFE.—As provided in section 4(d)(7) of theWilderness Act, nothing in this title shall be construed as affectingthe jurisdiction of the State of California with respect to wildlifeand fish on the public lands located in that State.

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(f) FISH AND WILDLIFE MANAGEMENT.— Management activitiesto maintain or restore fish and wildlife populations and the habitatsto support such populations may be carried out within wildernessareas designated by this title and shall include the use of motorizedvehicles by the appropriate State agencies.

(g) LAW ENFORCEMENT ACCESS.—Nothing in this Act, includingthe wilderness designations made by such Act, may be construedto preclude Federal, State, and local law enforcement agenciesfrom conducting law enforcement and border operations as per-mitted before the date of enactment of this Act, including theuse of motorized vehicles and aircraft, on any lands designatedas wilderness by this Act.

SEC. 104. WILDERNESS REVIEW.

(a) IN GENERAL.—Except as provided in subsection (b), theCongress hereby finds and directs that lands in the CaliforniaDesert Conservation Area, of the Bureau of Land Management,not designated as wilderness or wilderness study areas by thisAct have been adequately studied for wilderness designation pursu-ant to section 603 of the Federal Land Policy and ManagementAct of 1976 (90 Stat. 2743, 43 U.S.C. 1701 et seq.), and are nolonger subject to the requirement of section 603(c) of the FederalLand Policy and Management Act of 1976 pertaining to the manage-ment of wilderness study areas in a manner that does not impairthe suitability of such areas for preservation as wilderness.

(b) AREAS NOT RELEASED.—The following areas shall continueto be subject to the requirements of section 603(c) of the FederalLand Policy and Management Act of 1976, pertaining to themanagement of wilderness study areas in a manner that doesnot impair the suitability of such areas for preservation as wilder-ness—

(1) certain lands which comprise approximately sixty-onethousand three hundred and twenty, as generally depicted ona map entitled ‘‘Avawatz Mountains Wilderness—Proposed’’,dated May 1991;

(2) certain lands which comprise approximately thirty-ninethousand seven hundred and fifty acres, as generally depictedon a map entitled ‘‘Kingston Range Wilderness—Proposed 4’’,dated July 1993;

(3) certain lands which comprise approximately eightythousand four hundred and thirty acres, as generally depictedon two maps entitled ‘‘Soda Mountains Wilderness—Proposed1’’, dated May 1991, and ‘‘Soda Mountains Wilderness—Pro-posed 2’’, dated January 1989;

(4) certain lands which compromise approximately twenty-three thousand two hundred and fifty acres, as generallydepicted on a map entitled ‘‘South Avawatz Mountains—Pro-posed’’, dated May 1991;

(5) certain lands which comprise approximately seventeenthousand two hundred and eighty acres, as generally depictedon a map entitled ‘‘Death Valley National Park Boundary andWilderness 17—Proposed’’, dated July 1993;

(6) certain lands which comprise approximately eight thou-sand eight hundred acres, as generally depicted on a mapentitled ‘‘Great Falls Basin Wilderness—Proposed’’, dated Feb-ruary 1986; and

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(7) certain lands which comprise approximately eighty-fourthousand four hundred acres, as generally depicted on a mapentitled ‘‘Cady Mountains Wilderness—Proposed’’, dated July1993.(c) WITHDRAWAL.—Subject to valid existing rights, the Federal

lands referred to in subsection (b) are hereby withdrawn fromall forms of entry, appropriation, or disposal under the public landlaws; from location, entry, and patent under the United Statesmining laws; and from disposition under all laws pertaining tomineral and geothermal leasing, and mineral materials, and allamendments thereto.SEC. 105. DESIGNATION OF WILDERNESS STUDY AREA.

In furtherance of the provisions of the Wilderness Act, certainlands in the California Desert Conservation Area, of the Bureauof Land Management, which comprise approximately eleven thou-sand two hundred acres as generally depicted on a map entitled‘‘White Mountains Wilderness Study Area—Proposed’’, dated May1991, are hereby designated as the White Mountains WildernessStudy Area and shall be administered by the Secretary in accord-ance with the provisions of section 603(c) of the Federal LandPolicy and Management Act of 1976 (43 U.S.C. 1782).SEC. 106. SUITABILITY REPORT.

The Secretary is required, ten years after the date of enactmentof this Act, to report to Congress on current and planned explo-ration, development or mining activities on, and suitability forfuture wilderness designation of, the lands as generally depictedon maps entitled ‘‘Surprise Canyon Wilderness—Proposed’’, ‘‘MiddlePark Canyon Wilderness—Proposed’’, and ‘‘Death Valley NationalPark Boundary and Wilderness 15’’, dated September 1991 anda map entitled ‘‘Manly Peak Wilderness—Proposed’’, dated October1991.SEC. 107. DESERT LILY SANCTUARY.

(a) DESIGNATION.—There is hereby established the Desert LilySanctuary within the California Desert Conservation Area, Califor-nia, of the Bureau of Land Management, comprising approximatelytwo thousand forty acres, as generally depicted on a map entitled‘‘Desert Lily Sanctuary’’, dated February 1986. The Secretary shalladminister the area to provide maximum protection to the desertlily.

(b) WITHDRAWAL.—Subject to valid existing rights, all Federallands within the Desert Lily Sanctuary are hereby withdrawn fromall forms of entry, appropriation, or disposal under the public landlaws; from location, entry, and patent under the United Statesmining laws; and from disposition under all laws pertaining tomineral and geothermal leasing, and mineral materials, and allamendments thereto.SEC. 108. DINOSAUR TRACKWAY AREA OF CRITICAL ENVIRONMENTAL

CONCERN.

(a) DESIGNATION.—There is hereby established the DinosaurTrackway Area of Critical Environmental Concern within theCalifornia Desert Conservation Area, of the Bureau of LandManagement, comprising approximately five hundred and ninetyacres as generally depicted on a map entitled ‘‘Dinosaur TrackwayArea of Critical Environmental Concern’’, dated July 1993. The

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Secretary shall administer the area to preserve the paleontologicalresources within the area.

(b) WITHDRAWAL.—Subject to valid existing rights, the Federallands within and adjacent to the Dinosaur Trackway Area of CriticalEnvironmental Concern, as generally depicted on a map entitled‘‘Dinosaur Trackway Mineral Withdrawal Area’’, dated July 1993,are hereby withdrawn from all forms of entry, appropriation, ordisposal under the public land laws; from location, entry, and patentunder the United States mining laws; and from disposition underall laws pertaining to mineral and geothermal leasing, and mineralmaterials, and all amendments thereto.

TITLE II—DESIGNATION OF WILDER-NESS AREAS TO BE ADMINISTEREDBY THE UNITED STATES FISH ANDWILDLIFE SERVICE

SEC. 201. DESIGNATION AND MANAGEMENT.

(a) DESIGNATION.—In furtherance of the purposes of the Wilder-ness Act, the following lands are hereby designated as wildernessand therefore, as components of the National Wilderness Preserva-tion System:

(1) Certain lands in the Havasu National Wildlife Refuge,California, which comprise approximately three thousand onehundred and ninety-five acres, as generally depicted on a mapentitled ‘‘Havasu Wilderness—Proposed’’, and dated October1991, and which shall be known as the Havasu Wilderness.

(2) Certain lands in the Imperial National Wildlife Refuge,California, which comprise approximately five thousand eighthundred and thirty-six acres, as generally depicted on twomaps entitled ‘‘Imperial Refuge Wilderness—Proposed 1’’ and‘‘Imperial Refuge Wilderness—Proposed 2’’, and dated October1991, and which shall be known as the Imperial Refuge Wilder-ness.(b) MANAGEMENT.—Subject to valid existing rights, the wilder-

ness areas designated under this title shall be administered bythe Secretary in accordance with the provisions of the WildernessAct governing areas designated by that Act as wilderness, exceptthat any reference in such provisions to the effective date of theWilderness Act (or any similar reference) shall be deemed to bea reference to the date of enactment of this Act.

(c) MAPS AND LEGAL DESCRIPTION.—As soon as practicable afterenactment of this title, the Secretary shall file a map and a legaldescription of each wilderness area designated under this sectionwith the Committees on Energy and Natural Resources andEnvironment and Public Works of the United States Senate andNatural Resources and Merchant Marine and Fisheries of theUnited States House of Representatives. Such map and descriptionshall have the same force and effect as if included in this Act,except that correction of clerical and typographical errors in suchlegal description and map may be made. Such map and legaldescription shall be on file and available for public inspection inthe Office of the Director, United States Fish and Wildlife Service,Department of the Interior.

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SEC. 202. NO EFFECT ON COLORADO RIVER DAMS.

Nothing in this title shall be construed to affect the operationof federally owned dams located on the Colorado River in theLower Basin.SEC. 203. NO EFFECT ON UPPER BASIN.

Nothing in this Act shall amend, construe, supersede, or pre-empt any State law, Federal law, interstate compact, or inter-national treaty pertaining to the Colorado River (including its tribu-taries) in the Upper Basin, including, but not limited to the appro-priation, use, development, storage, regulation, allocation, conserva-tion, exportation, or quality of those rivers.SEC. 204. COLORADO RIVER.

With respect to the Havasu and Imperial wilderness areasdesignated by subsection 201(a) of this title, no rights to waterof the Colorado River are reserved, either expressly, impliedly,or otherwise.

TITLE III—DEATH VALLEY NATIONALPARK

SEC. 301. FINDINGS.

The Congress hereby finds that—(1) proclamations by Presidents Herbert Hoover in 1933

and Franklin Roosevelt in 1937 established and expanded theDeath Valley National Monument for the preservation of theunusual features of scenic, scientific, and educational interesttherein contained;

(2) Death Valley National Monument is today recognizedas a major unit of the National Park System, having extraor-dinary values enjoyed by millions of visitors;

(3) the monument boundaries established in the 1930’sexclude and thereby expose to incompatible development andinconsistent management, contiguous Federal lands of essentialand superlative natural, ecological, geological, archeological,paleontological, cultural, historical ad wilderness values;

(4) Death Valley National Monument should be substan-tially enlarged by the addition of all contiguous Federal landsof national park caliber and afforded full recognition and statu-tory protection as a National Park; and

(5) the wilderness within Death Valley should receive maxi-mum statutory protection by designation pursuant to theWilderness Act.

SEC. 302. ESTABLISHMENT OF DEATH VALLEY NATIONAL PARK.

There is hereby established the Death Valley National Park(hereinafter in this title referred to as the ‘‘park’’) as generallydepicted on twenty-three maps entitled ‘‘Death Valley NationalPark Boundary and Wilderness—Proposed’’, numbered in the titleone through twenty-three, and dated July 1993 or prior, whichshall be on file and available for public inspection in the officesof the Superintendent of the park and the Director of the NationalPark Service, Department of the Interior. The Death ValleyNational Monument is hereby abolished as such, the lands andinterests therein are hereby incorporated within and made part

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of the new Death Valley National Park, and any funds availablefor purposes of the monument shall be available for purposes ofthe park.

SEC. 303. TRANSFER AND ADMINISTRATION OF LANDS.

Upon enactment of this title, the Secretary shall transfer thelands under the jurisdiction of the Bureau of Land Managementdepicted in the maps described in section 302 of this title, withoutconsideration, to the administrative jurisdiction of the NationalPark Service for administration as part of the National Park Sys-tem, and the boundary of the park shall be adjusted accordingly.The Secretary shall administer the areas added to the park bythis title in accordance with the provisions of law generallyapplicable to units of the National Park System, including theAct entitled ‘‘An Act to establish a National Park Service, andfor other purposes’’, approved August 25, 1916 (39 Stat. 535; 16U.S.C. 1, 2–4).

SEC. 304. MAPS AND LEGAL DESCRIPTION.

Within six months after the enactment of this title, the Sec-retary shall file maps and a legal description of the park designatedunder this title with the Committee on Energy and NaturalResources of the United States Senate and the Committee on Natu-ral Resources of the United States House of Representatives. Suchmaps and legal description shall have the same force and effectas if included in this title, except that the Secretary may correctclerical and typographical errors in such legal description and inthe maps referred to in section 302. The maps and legal descriptionshall be on file and available for public inspection in the officesof the Superintendent of the park and the Director of the NationalPark Service, Department of the Interior.

SEC. 305. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within thepark are hereby withdrawn from all forms of entry, appropriation,or disposal under the public land laws; from location, entry, andpatent under the United States mining laws; and from dispositionunder all laws pertaining to mineral and geothermal leasing, andmineral materials, and all amendments thereto.

SEC. 306. GRAZING.

(a) IN GENERAL.—The privilege of grazing domestic livestockon lands within the park shall continue to be exercised at nomore than the current level, subject to applicable laws and NationalPark Service regulations.

(b) SALE OF PROPERTY.—If a person holding a grazing permitreferred to in subsection (a) informs the Secretary that such permit-tee is willing to convey to the United States any base propertywith respect to which such permit was issued and to which suchpermittee holds title, the Secretary shall make the acquisition ofsuch base property a priority as compared with the acquisitionof other lands within the park, provided agreement can be reachedconcerning the terms and conditions of such acquisition. Any suchbase property which is located outside the park and acquired asa priority pursuant to this section shall be managed by the Federalagency responsible for the majority of the adjacent lands in accord-ance with the laws applicable to such adjacent lands.

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SEC. 307. DEATH VALLEY NATIONAL PARK ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission ofno more than fifteen members, to advise the Secretary concerningthe development and implementation of a new or revised com-prehensive management plan for Death Valley National Park.

(b)(1) The advisory commission shall include an elected officialfor each County within which any part of the park is located,a representative of the owners of private properties located withinor immediately adjacent to the park, and other members represent-ing persons actively engaged in grazing and range management,mineral exploration and development, and persons with expertisein relevant fields, including geology, biology, ecology, law enforce-ment, and the protection and management of National Parkresources and values.

(2) Vacancies in the advisory commission shall be filled bythe Secretary so as to maintain the full diversity of views requiredto be represented on the advisory commission.

(c) The Federal Advisory Committee Act shall apply to theprocedures and activities of the advisory commission.

(d) The advisory commission shall cease to exist ten yearsafter the date of its establishment.

SEC. 308. BOUNDARY ADJUSTMENT.

In preparing the maps and legal descriptions required by sec-tions 304 and 602 of this Act, the Secretary shall adjust the bound-aries of the Death Valley National Park and Death Valley NationalPark Wilderness so as to exclude from such National Park andWilderness the lands generally depicted on the map entitled ‘‘PorterMine (Panamint Range) Exclusion Area’’ dated June 1994.

TITLE IV—JOSHUA TREE NATIONALPARK

SEC. 401. FINDINGS.

The Congress finds that—(1) a proclamation by President Franklin Roosevelt in 1936

established Joshua Tree National Monument to protect variousobjects of historical and scientific interest;

(2) Joshua Tree National Monument today is recognizedas a major unit of the National Park System, having extraor-dinary values enjoyed by millions of visitors;

(3) the monument boundaries as modified in 1950 and1961 exclude and thereby expose to incompatible developmentand inconsistent management, contiguous Federal lands ofessential and superlative natural, ecological, archeological,paleontological, cultural, historical, and wilderness values;

(4) Joshua Tree National Monument should be enlargedby the addition of contiguous Federal lands of national parkcaliber, and afforded full recognition and statutory protectionas a National Park; and

(5) the nondesignated wilderness within Joshua Treeshould receive statutory protection by designation pursuantto the Wilderness Act.

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SEC. 402. ESTABLISHMENT OF JOSHUA TREE NATIONAL PARK.

There is hereby established the Joshua Tree National Park,(hereinafter in this section referred to as the ‘‘park’’), as generallydepicted on a map entitled ‘‘Joshua Tree National Park Boundary—Proposed’’, dated May 1991, and four maps entitled ‘‘Joshua TreeNational Park Boundary and Wilderness’’, numbered in the titleone through four, and dated October 1991 or prior, which shallbe on file and available for public inspection in the offices of theSuperintendent of the park and the Director of the National ParkService, Department of the Interior. The Joshua Tree NationalMonument is hereby abolished as such, the lands and intereststherein are hereby incorporated within and made part of the newJoshua Tree National Park, and any funds available for purposesof the monument shall be available for purposes of the park.SEC. 403. TRANSFER AND ADMINISTRATION OF LANDS.

Upon enactment of this title, the Secretary shall transfer thelands under the jurisdiction of the Bureau of Land Managementdepicted on the maps described in section 402 of this title, withoutconsideration, to the administrative jurisdiction of the NationalPark Service for administration as part of the National Park Sys-tem. The boundaries of the park shall be adjusted accordingly.The Secretary shall administer the areas added to the park bythis title in accordance with the provisions of law generallyapplicable to units of the National Park System, including theAct entitled ‘‘An Act to establish a National Park Service, andfor other purposes’’, approved August 25, 1916 (39 Stat. 535; 16U.S.C. 1, 2–4).SEC. 404. MAPS AND LEGAL DESCRIPTION.

Within six months after the date of enactment of this title,the Secretary shall file maps and legal description of the parkwith the Committee on Energy and Natural Resources of the UnitedStates Senate and the Committee on Natural Resources of theUnited States House of Representatives. Such maps and legaldescription shall have the same force and effect as if includedin this title, except that the Secretary may correct clerical andtypographical errors in such legal description and maps. The mapsand legal description shall be on file and available for public inspec-tion in the appropriate offices of the National Park Service, Depart-ment of the Interior.SEC. 405. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within thepark are hereby withdrawn from all forms of entry, appropriation,or disposal under the public land laws; from location, entry, andpatent under the United States mining laws; and from dispositionunder all laws pertaining to mineral and geothermal leasing, andmineral materials, and all amendments thereto.SEC. 406. UTILITY RIGHTS-OF-WAY.

Nothing in this title shall have the effect of terminating anyvalidly issued right-of-way or customary operation, maintenance,repair, and replacement activities in such right-of-way, issued,granted, or permitted to the Metropolitan Water District pursuantto the Boulder Canyon Project Act (43 U.S.C. 617–619b), whichis located on lands included in the Joshua Tree National Park,but outside lands designated as wilderness under section 601(a)(2).

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Such activities shall be conducted in a manner which will minimizethe impact on park resources. Nothing in this title shall havethe effect of terminating the fee title to lands or customary oper-ation, maintenance, repair, and replacement activities on or undersuch lands granted to the Metropolitan Water District pursuantto the Act of June 18, 1932 (47 Stat. 324), which are locatedon lands included in the Joshua Tree National Park, but outsidelands designated as wilderness under section 601(a)(2). Such activi-ties shall be conducted in a manner which will minimize the impacton park resources. The Secretary shall prepare within one hundredand eighty days after the date of enactment of this Act, in consulta-tion with the Metropolitan Water District, plans for emergencyaccess by the Metropolitan Water District to its lands and rights-of-way.

SEC. 407. JOSHUA TREE NATIONAL PARK ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission ofno more than fifteen members, to advise the Secretary concerningthe development and implementation of a new or revised com-prehensive management plan for Joshua Tree National Park.

(b)(1) The advisory commission shall include an elected officialfor each County within which any part of the park is located,a representative of the owners of private properties located withinor immediately adjacent to the park, and other members represent-ing persons actively engaged in grazing and range management,mineral exploration and development, and persons with expertisein relevant fields, including geology, biology, ecology, law enforce-ment, and the protection and management of National Parkresources and values.




TITLE V—MOJAVE NATIONALPRESERVE

SEC. 501. FINDINGS.

The Congress hereby finds that—(1) Death Valley and Joshua Tree National Parks, as estab-

lished by this Act, protect unique and superlative desertresources, but do not embrace the particular ecosystems andtransitional desert type found in the Mojave Desert area lyingbetween them on public lands now afforded only impermanentadministrative designation as a national scenic area;

(2) the Mojave Desert area possesses outstanding natural,cultural, historical, and recreational values meriting statutorydesignation and recognition as a unit of the National ParkSystem;

(3) the Mojave Desert area should be afforded full recogni-tion and statutory protection as a national preserve;

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(4) the wilderness within the Mojave Desert should receivemaximum statutory protection by designation pursuant to theWilderness Act; and

(5) the Mojave Desert area provides an outstanding oppor-tunity to develop services, programs, accommodations and facili-ties to ensure the use and enjoyment of the area by individualswith disabilities, consistent with section 504 of the Rehabilita-tion Act of 1973, Public Law 101–336, the Americans WithDisabilities Act of 1990 (42 U.S.C. 12101), and other appropriatelaws and regulations.

SEC. 502. ESTABLISHMENT OF THE MOJAVE NATIONAL PRESERVE.

There is hereby established the Mojave National Preserve,comprising approximately one million four hundred nineteen thou-sand eight hundred acres, as generally depicted on a map entitled‘‘Mojave National Park Boundary—Proposed’’, dated May 17, 1994,which shall be on file and available for inspection in the appropriateoffices of the Director of the National Park Service, Departmentof the Interior.SEC. 503. TRANSFER OF LANDS.

Upon enactment of this title, the Secretary shall transfer thelands under the jurisdiction of the Bureau of Land Managementdepicted on the maps described in section 502 of this title, withoutconsideration, to the administrative jurisdiction of the Director ofthe National Park Service. The boundaries of the public landsshall be adjusted accordingly.SEC. 504. MAPS AND LEGAL DESCRIPTION.

Within six months after the date of enactment of this title,the Secretary shall file maps and a legal description of the preservedesignated under this title with the Committee on Energy andNatural Resources of the United States Senate and the Committeeon Natural Resources of the United States House of Representa-tives. Such maps and legal description shall have the same forceand effect as if included in this title, except that the Secretarymay correct clerical and typographical errors in such legal descrip-tion and in the maps referred to in section 502. The maps andlegal description shall be on file and available for public inspectionin the appropriate offices of the National Park Service, Departmentof the Interior.SEC. 505. ABOLISHMENT OF SCENIC AREA.

The East Mojave National Scenic Area, designated on January13, 1981 (46 FR 3994), and modified on August 9, 1983 (48 FR36210), is hereby abolished.SEC. 506. ADMINISTRATION OF LANDS.

(a) The Secretary shall administer the preserve in accordancewith this title and with the provisions of law generally applicableto units of the National Park System, including the Act entitled‘‘An Act to establish a National Park Service, and for other pur-poses’’, approved August 25, 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4).

(b) The Secretary shall permit hunting, fishing, and trappingon lands and waters within the preserve designated by this Actin accordance with applicable Federal and State laws except thatthe Secretary may designate areas where, and establish periods

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when, no hunting, fishing, or trapping will be permitted for reasonsof public safety, administration, or compliance with provisions ofapplicable law. Except in emergencies, regulations closing areasto hunting, fishing, or trapping pursuant to this subsection shallbe put into effect only after consultation with the appropriate Stateagency having responsibility for fish and wildlife. Nothing in thisAct shall be construed as affecting the jurisdiction or responsibilitiesof the States with respect to fish and wildlife on Federal landsand waters covered by this title nor shall anything in this Actbe construed as authorizing the Secretary concerned to requirea Federal permit to hunt, fish, or trap on Federal lands and waterscovered by this title.SEC. 507. WITHDRAWAL.

Subject to valid existing rights, all Federal lands within thepreserve are hereby withdrawn from all forms of entry, appropria-tion, or disposal under the public land laws; from location, entry,and patent under the United States mining laws; and from disposi-tion under all laws pertaining to mineral and geothermal leasing,and mineral materials, and all amendments thereto.SEC. 508. REGULATION OF MINING.

Subject to valid existing rights, all mining claims located withinthe preserve shall be subject to all applicable laws and regulationsapplicable to mining within units of the National Park System,including the Mining in the Parks Act (16 U.S.C. 1901 et seq.),and any patent issued after the date of enactment of this titleshall convey title only to the minerals together with the rightto use the surface of lands for mining purposes, subject to suchlaws and regulations.SEC. 509. STUDY AS TO VALIDITY OF MINING CLAIMS.

(a) The Secretary shall not approve any plan of operationprior to determining the validity of the unpatented mining claims,mill sites, and tunnel sites affected by such plan within the preserveand shall submit to Congress recommendations as to whether anyvalid or patented claims should be acquired by the United States,including the estimated acquisition costs of such claims, and adiscussion of the environmental consequences of the extraction ofminerals from these lands.

(b)(1) Notwithstanding any other provision of law, the Secretaryshall permit the holder or holders of mining claims identified onthe records of the Bureau of Land Management as Volco #A CAMC105446, Volco #B CAMC 105447, Volco 1 CAMC 80155, Volco 2CAMC 80156, Volco 3 CAMC 170259, Volco 4 CAMC 170260, Volco5 CAMC 78405, Volco 6 CAMC 78404, and Volco 7 CAMC 78403,Volco Placer 78332, to continue exploration and development activi-ties on such claims for a period of two years after the date ofenactment of this title, subject to the same regulations as appliedto such activities on such claims on the day before such dateof enactment.

(2) At the end of the period specified in paragraph (1), orsooner if so requested by the holder or holders of the claims specifiedin such paragraph, the Secretary shall determine whether therehas been a discovery of valuable minerals on such claims andwhether, if such discovery had been made on or before July 1,1994, such claims would have been valid as of such date underthe mining laws of the United States in effect on such date.

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(3) If the Secretary, pursuant to paragraph (2), makes anaffirmative determination concerning the claims specified in para-graph (1), the holder or holders of such claims shall be permittedto continue to operate such claims subject only to such regulationsas applied on July 1, 1994 to the exercise of valid existing rightson patented mining claims within a unit of the National ParkSystem.

SEC. 510. GRAZING.

(a) The privilege of grazing domestic livestock on lands withinthe preserve shall continue to be exercised at no more than thecurrent level, subject to applicable laws and National Park Serviceregulations.

(b) If a person holding a grazing permit referred to in subsection(a) informs the Secretary that such permittee is willing to conveyto the United States any base property with respect to whichsuch permit was issued and to which such permittee holds title,the Secretary shall make the acquisition of such base propertya priority as compared with the acquisition of other lands withinthe preserve, provided agreement can be reached concerning theterms and conditions of such acquisition. Any such base propertywhich is located outside the preserve and acquired as a prioritypursuant to this section shall be managed by the Federal agencyresponsible for the majority of the adjacent lands in accordancewith the laws applicable to such adjacent lands.

SEC. 511. UTILITY RIGHTS OF WAY.

(a)(1) Nothing in this title shall have the effect of terminatingany validly issued right-of-way or customary operation, mainte-nance, repair, and replacement activities in such right-of-way,issued, granted, or permitted to Southern California Edison Com-pany, its successors or assigns, which is located on lands includedin the Mojave National Preserve, but outside lands designatedas wilderness under section 601(a)(3). Such activities shall be con-ducted in a manner which will minimize the impact on preserveresources.

(2) Nothing in this title shall have the effect of prohibitingthe upgrading of an existing electrical transmission line for thepurpose of increasing the capacity of such transmission line inthe Southern California Edison Company validly issued Eldorado-Lugo Transmission Line right-of-way and Mojave-Lugo Trans-mission Line right-of-way, or in a right-of-way if issued, granted,or permitted by the Secretary adjacent to the existing Mojave-Lugo Transmission Line right-of-way (hereafter in this sectionreferred to as ‘‘adjacent right-of-way’’), including construction ofa replacement transmission line: Provided, That—

(A) in the Eldorado-Lugo Transmission Line rights-of-way(hereafter in this section referred to as the ‘‘Eldorado rights-of-way’’) at no time shall there be more than three electricaltransmission lines;

(B) in the Mojave-Lugo Transmission Line right-of-way(hereafter in this section referred to as the ‘‘Mojave right-of-way’’) and adjacent right-of-way, removal of the existing elec-trical transmission line and reclamation of the site shall becompleted no later than three years after the date on whichconstruction of the upgraded transmission line begins, afterwhich time there may be only one electrical transmission line

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in the lands encompassed by Mojave right-of-way and adjacentright-of-way;

(C) if there are no more than two electrical transmissionlines in the Eldorado rights-of-way, two electrical transmissionlines in the lands encompassed by the Mojave right-of-wayand adjacent right-of-way may be allowed;

(D) in the Eldorado rights-of-way and Mojave right-of-wayno additional land shall be issued, granted, or permitted forsuch upgrade unless an addition would reduce the impactsto preserve resources;

(E) no more than 350 feet of additional land shall beissued, granted, or permitted for an adjacent right-of-way tothe south of the Mojave right-of-way unless a greater additionwould reduce the impacts to preserve resources; and

(F) such upgrade activities, including helicopter aidedconstruction, shall be conducted in a manner which will mini-mize the impact on preserve resources.(3) The Secretary shall prepare within one hundred and eighty

days after the date of enactment of this title, in consultation withthe Southern California Edison Company, plans for emergencyaccess by the Southern California Edison Company to its rights-of-way.

(b)(1) Nothing in this title shall have the effect of terminatingany validly issued right-of-way, or customary operation, mainte-nance, repair, and replacement activities in such right-of-way;prohibiting the upgrading of and construction on existing facilitiesin such right-of-way for the purpose of increasing the capacityof the existing pipeline; or prohibiting the renewal of such right-of-way issued, granted, or permitted to the Southern CaliforniaGas Company, its successors or assigns, which is located on landsincluded in the Mojave National Preserve, but outside lands des-ignated as wilderness under section 601(a)(3). Such activities shallbe conducted in a manner which will minimize the impact onpreserve resources.

(2) The Secretary shall prepare within one hundred and eightydays after the date of enactment of this title, in consultation withthe Southern California Gas Company, plans for emergency accessby the Southern California Gas Company to its rights-of-way.

(c) Nothing in this title shall have the effect of terminatingany validly issued right-of-way or customary operation, mainte-nance, repair, and replacement activities of existing facilities issued,granted, or permitted for communications cables or lines, whichare located on lands included in the Mojave National Preserve,but outside lands designated as wilderness under section 601(a)(3).Such activities shall be conducted in a manner which will minimizethe impact on preserve resources.

(d) Nothing in this title shall have the effect of terminatingany validly issued right-of-way or customary operation, mainte-nance, repair, and replacement activities of existing facilities issued,granted, or permitted to Molybdenum Corporation of America;Molycorp, Incorporated; or Union Oil Company of California (d/b/a Unocal Corporation); or its successors or assigns, or prohibitingrenewal of such right-of-way, which is located on lands includedin the Mojave National Preserve, but outside lands designatedas wilderness under section 601(a)(3). Such activities shall be con-ducted in a manner which will minimize the impact on preserveresources.

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SEC. 512. PREPARATION OF MANAGEMENT PLAN.

Within three years after the date of enactment of this title,the Secretary shall submit to the Committee on Energy and NaturalResources of the United States Senate and the Committee on Natu-ral Resources of the United States House of Representatives adetailed and comprehensive management plan for the preserve.Such plan shall place emphasis on historical and cultural sitesand ecological and wilderness values within the boundaries of thepreserve. Such plan shall evaluate the feasibility of using the KelsoDepot and existing railroad corridor to provide public access toand a facility for special interpretive, educational, and scientificprograms within the preserve. Such plan shall specifically addressthe needs of individuals with disabilities in the design of services,programs, accommodations and facilities consistent with section504 of the Rehabilitation Act of 1973, Public Law 101-336, theAmericans with Disabilities Act of 1990 (42 U.S.C. 12101), andother appropriate laws and regulations.SEC. 513. GRANITE MOUNTAINS NATURAL RESERVE.

(a) ESTABLISHMENT.—There is hereby designated the GraniteMountains Natural Reserve within the preserve comprising approxi-mately nine thousand acres as generally depicted on a map entitled‘‘Mojave National Park Boundary and Wilderness—Proposed 6’’,dated May 1991.

(b) COOPERATIVE MANAGEMENT AGREEMENT.—Upon enactmentof this title, the Secretary shall enter into a cooperative manage-ment agreement with the University of California for the purposesof managing the lands within the Granite Mountains NaturalReserve. Such cooperative agreement shall ensure continuation ofarid lands research and educational activities of the Universityof California, consistent with the provisions of this title and lawsgenerally applicable to units of the National Park System.SEC. 514. SODA SPRINGS DESERT STUDY CENTER.

Upon enactment of this title, the Secretary shall enter intoa cooperative management agreement with California State Univer-sity for the purposes of managing facilities at the Soda SpringsDesert Study Center. Such cooperative agreement shall ensurecontinuation of the desert research and educational activities ofCalifornia State University, consistent with the provisions of thistitle and laws generally applicable to units of the National ParkSystem.SEC. 515. CONSTRUCTION OF VISITOR CENTER.

The Secretary is authorized to construct a visitor center inthe preserve for the purpose of providing information through appro-priate displays, printed material, and other interpretive programs,about the resources of the preserve.SEC. 516. ACQUISITION OF LANDS.

The Secretary is authorized to acquire all lands and interestin lands within the boundary of the preserve by donation, purchase,or exchange, except that—

(1) any lands or interests therein within the boundaryof the preserve which are owned by the State of California,or any political subdivision thereof, may be acquired only bydonation or exchange except for lands managed by the Califor-nia State Lands Commission; and

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(2) lands or interests therein within the boundary of thepreserve which are not owned by the State of California orany political subdivision thereof may be acquired only withthe consent of the owner thereof unless the Secretary deter-mines, after written notice to the owner and after opportunityfor comment, that the property is being developed, or proposedto be developed, in a manner which is detrimental to theintegrity of the preserve or which is otherwise incompatiblewith the purposes of this title: Provided, however, That theconstruction, modification, repair, improvement, or replacementof a single-family residence shall not be determined to be det-rimental to the integrity of the preserve or incompatible withthe purposes of this title.

SEC. 517. ACQUIRED LANDS TO BE MADE PART OF MOJAVE NATIONALPRESERVE.

Any lands acquired by the Secretary under this title shallbecome part of the Mojave National Preserve.

SEC. 518. MOJAVE NATIONAL PRESERVE ADVISORY COMMISSION.

(a) The Secretary shall establish an Advisory Commission ofno more than fifteen members, to advise the Secretary concerningthe development and implementation of a new or revised com-prehensive management plan for the Mojave National Preserve.

(b)(1) The advisory commission shall include an elected officialfor each County within which any part of the preserve is located,a representative of the owners of private properties located withinor immediately adjacent to the preserve, and other members rep-resenting persons actively engaged in grazing and range manage-ment, mineral exploration and development, and persons withexpertise in relevant fields, including geology, biology, ecology, lawenforcement, and the protection and management of National Parkresources and values.




SEC. 519. NO ADVERSE AFFECT ON LAND UNTIL ACQUIRED.

Unless and until acquired by the United States, no lands withinthe boundaries of wilderness areas or National Park System unitsdesignated or enlarged by this Act that are owned by any personor entity other than the United States shall be subject to anyof the rules or regulations applicable solely to the Federal landswithin such boundaries and may be used to the extent allowedby applicable law. Neither the location of such lands within suchboundaries nor the possible acquisition of such lands by the UnitedStates shall constitute a bar to the otherwise lawful issuance ofany Federal license or permit other than a license or permit relatedto activities governed by 16 U.S.C. 460l–22(c). Nothing in thissection shall be construed as affecting the applicability of anyprovision of the Mining in the Parks Act (16 U.S.C. 1901 et seq.),the Clean Air Act (42 U.S.C. 7401 et seq.), or regulations applicableto oil and gas development as set forth in 36 CFR 9B.

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TITLE VI—NATIONAL PARK SYSTEMWILDERNESS

SEC. 601. DESIGNATION OF WILDERNESS.

(a) In furtherance of the purposes of the Wilderness Act (78Stat. 890; 16 U.S.C. 1311 et seq.), the following lands within theunits of the National Park System designated by this Act arehereby designated as wilderness, and therefore, as components ofthe National Wilderness Preservation System:

(1) Death Valley National Park Wilderness, comprisingapproximately three million one hundred fifty-eight thousandthirty-eight acres, as generally depicted on twenty-three mapsentitled ‘‘Death Valley National Park Boundary and Wilder-ness’’, numbered in the title one through twenty-three, anddated October 1993 or prior, and three maps entitled ‘‘DeathValley National Park Wilderness’’, numbered in the title onethrough three, and dated July 1993 or prior, and which shallbe known as the Death Valley Wilderness.

(2) Joshua Tree National Park Wilderness Additions,comprising approximately one hundred thirty-one thousandseven hundred and eighty acres, as generally depicted on fourmaps entitled ‘‘Joshua Tree National Park Boundary andWilderness—Proposed’’, numbered in the title one through four,and dated October 1991 or prior, and which are hereby incor-porated in, and which shall be deemed to be a part of theJoshua Tree Wilderness as designated by Public Law 94–567.

(3) Mojave National Preserve Wilderness, comprisingapproximately six hundred ninety-five thousand two hundredacres, as generally depicted on ten maps entitled ‘‘MojaveNational Park Boundary and Wilderness—Proposed’’, and num-bered in the title one through ten, and dated March 1994or prior, and seven maps entitled ‘‘Mojave National ParkWilderness—Proposed’’, numbered in the title one throughseven, and dated March 1994 or prior, and which shall beknown as the Mojave Wilderness.(b) POTENTIAL WILDERNESS.—Upon cessation of all uses prohib-

ited by the Wilderness Act and publication by the Secretary inthe Federal Register of notice of such cessation, potential wilder-ness, comprising approximately six thousand eight hundred andforty acres, as described in ‘‘1988 Death Valley National MonumentDraft General Management Plan Draft Environmental ImpactStatement’’ (hereafter in this title referred to as ‘‘Draft Plan’’)and as generally depicted on map in the Draft Plan entitled ‘‘Wilder-ness Plan Death Valley National Monument’’, dated January 1988,and which shall be deemed to be a part of the Death ValleyWilderness as designated in paragraph (a)(1). Lands identified inthe Draft Plan as potential wilderness shall be managed by theSecretary insofar as practicable as wilderness until such time assaid lands are designated as wilderness.SEC. 602. FILING OF MAPS AND DESCRIPTIONS.

Maps and a legal description of the boundaries of the areasdesignated in section 601 of this title shall be on file and availablefor public inspection in the appropriate offices of the NationalPark Service, Department of the Interior. As soon as practicableafter the date of enactment of this title, maps and legal descriptions

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of the wilderness areas shall be filed with the Committee on Energyand Natural Resources of the United States Senate and the Commit-tee on Natural Resources of the United States House of Representa-tives, and such maps and legal descriptions shall have the sameforce and effect as if included in this title, except that the Secretarymay correct clerical and typographical errors in such maps andlegal descriptions.SEC. 603. ADMINISTRATION OF WILDERNESS AREAS.

The areas designated by section 601 of this title as wildernessshall be administered by the Secretary in accordance with theapplicable provisions of the Wilderness Act governing areas des-ignated by that title as wilderness, except that any reference insuch provision to the effective date of the Wilderness Act shallbe deemed to be a reference to the effective date of this title,and where appropriate, and reference to the Secretary of Agricultureshall be deemed to be a reference to the Secretary of the Interior.

TITLE VII—MISCELLANEOUSPROVISIONS

SEC. 701. TRANSFER OF LANDS TO RED ROCK CANYON STATE PARK.

Upon enactment of this title, the Secretary shall transfer tothe State of California certain lands within the California DesertConservation Area, California, of the Bureau of Land Management,comprising approximately twenty thousand five hundred acres, asgenerally depicted on two maps entitled ‘‘Red Rock Canyon StatePark Additions 1’’ and ‘‘Red Rock Canyon State Park Additions2’’, dated May 1991, for inclusion in the State of California ParkSystem. Should the State of California cease to manage these landsas part of the State Park System, ownership of the lands shallrevert to the Department of the Interior to be managed as partof California Desert Conservation Area to provide maximum protec-tion for the area’s scenic and scientific values.SEC. 702. LAND TENURE ADJUSTMENTS.

In preparing land tenure adjustment decisions with the Califor-nia Desert Conservation Area, of the Bureau of Land Management,the Secretary shall give priority to consolidating Federal ownershipwithin the national park units and wilderness areas designatedby this Act.SEC. 703. LAND DISPOSAL.

Except as provided in section 406 of this Act, none of thelands within the boundaries of the wilderness or park areas des-ignated under this Act shall be granted to or otherwise madeavailable for use by the Metropolitan Water District or any otheragencies or persons pursuant to the Boulder Canyon Project Act(43 U.S.C. 617–619b) or any similar Acts.SEC. 704. MANAGEMENT OF NEWLY ACQUIRED LANDS.

Any lands within the boundaries of a wilderness area des-ignated under this Act which are acquired by the Federal Govern-ment, shall become part of the wilderness area within which theyare located and shall be managed in accordance with all the provi-sions of this Act and other laws applicable to such wildernessarea.

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SEC. 705. NATIVE AMERICAN USES AND INTERESTS.

(a) ACCESS.—In recognition of the past use of the NationalPark System units and wilderness areas designed under this Actby Indian people for traditional cultural and religious purposes,the Secretary shall ensure access to such park system units andwilderness areas by Indian people for such traditional culturaland religious purposes. In implementing this section, the Secretary,upon the request of an Indian tribe or Indian religious community,shall temporarily close to the general public use of one or morespecific portions of the park system unit or wilderness area inorder to protect the privacy of traditional cultural and religiousactivities in such areas by Indian people. Any such closure shallbe made to affect the smallest practicable area for the minimumperiod necessary for such purposes. Such access shall be consistentwith the purpose and intent of Public Law 95–341 (42 U.S.C.1996) commonly referred to as the ‘‘American Indian ReligiousFreedom Act’’, and with respect to areas designated as wilderness,the Wilderness Act (78 Stat. 890; 16 U.S.C. 1131).

(b) STUDY.—(1) The Secretary, in consultation with theTimbisha Shoshone Tribe and relevant Federal agencies, shall con-duct a study, subject to the availability of appropriations, to identifylands suitable for a reservation for the Timbisha Shoshone Tribethat are located within the Tribe’s aboriginal homeland area withinand outside the boundaries of the Death Valley National Monumentand the Death Valley National Park, as described in title III ofthis Act.

(2) Not later than 1 year after the date of enactment of thistitle, the Secretary shall submit a report to the Committee onEnergy and Natural Resources and the Committee on Indian Affairsof the United States Senate, and the Committee on NaturalResources of the United States House of Representatives on theresults of the study conducted under paragraph (1).SEC. 706. FEDERAL RESERVED WATER RIGHTS.

(a) Except as otherwise provided in section 204 of this Act,with respect to each wilderness area designated by this Act, Con-gress hereby reserves a quantity of water sufficient to fulfill thepurposes of this Act. The priority date of such reserved waterrights shall be the date of enactment of this Act.

(b) The Secretary and all other officers of the United Statesshall take all steps necessary to protect the rights reserved bythis section, including the filing by the Secretary of a claim forthe quantification of such rights in any present or future appro-priate stream adjudication in the courts of the State of Californiain which the United States is or may be joined in accordancewith section 208 of the Act of July 10, 1952 (66 Stat. 560, 43U.S.C. 666), commonly referred to as the McCarran Amendment.

(c) Nothing in this Act shall be construed as a relinquishmentor reduction of any water rights reserved or appropriated by theUnited States in the State of California on or before the dateof enactment of this Act.

(d) The Federal water rights reserved by this Act are specificto the wilderness area located in the State of California designatedunder this Act. Nothing in this Act related to the reserved Federalwater rights shall be construed as establishing a precedent withregard to any future designations, nor shall it constitute aninterpretation of any other Act or any designation made thereto.

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SEC. 707. CALIFORNIA STATE SCHOOL LANDS.

(a) NEGOTIATIONS TO EXCHANGE.—Upon request of the Califor-nia State Lands Commission (hereinafter in this section referredto as the ‘‘Commission’’), the Secretary shall enter into negotiationsfor an agreement to exchange Federal lands or interests thereinon the list referred to in subsection (b)(2) for California StateSchool lands or interests therein which are located within theboundaries of one or more of the wilderness areas or park systemunits designated by this Act (hereinafter in this section referredto as ‘‘State School lands.’’). The Secretary shall negotiate in goodfaith to reach a land exchange agreement consistent with therequirements of section 206 of the Federal Land Policy and Manage-ment Act of 1976.

(b) PREPARATION OF LIST.—Within six months after the dateof enactment of this Act, the Secretary shall send to the Commissionand to the Committee on Energy and Natural Resources of theUnited States Senate and the Committee on Natural Resourcesof the United States House of Representatives a list of the following:

(1) State School lands or interests therein (including min-eral interests) which are located within the boundaries of thewilderness areas or park system units designated by this Act.

(2) Lands within the State of California under the jurisdic-tion of the Secretary that the Secretary determines to be suit-able for disposal for exchange, identified in the following prior-ity—

(A) lands with mineral interests, including geothermal,which have the potential for commercial development butwhich are not currently under mineral lease or producingFederal mineral revenues;

(B) Federal claims in California managed by theBureau of Reclamation that the Secretary determines arenot needed for any Bureau of Reclamation project; and

(C) any public lands in California that the Secretary,pursuant to the Federal Land Policy and ManagementAct of 1976, has determined to be suitable for disposalthrough exchange.(3) Any other Federal land, or interest therein, within

the State of California, which is or becomes surplus to theneeds of the Federal Government. The Secretary may exclude,in the Secretary’s discretion, lands located within, or contiguousto, the exterior boundaries of lands held in trust for a federallyrecognized Indian tribe located in the State of California.

(4) The Secretary shall maintain such list and shallannually transmit such list to the Committee on Energy andNatural Resources of the United States Senate and the Commit-tee on Natural Resources of the United States House of Rep-resentatives until all of the State School lands identified inparagraph (1) have been acquired.(c) DISPOSAL OF SURPLUS FEDERAL PROPERTY.—(1) Effective

upon the date of enactment of this title and until all State Schoollands identified in paragraph (b)(1) of this section are acquired,no Federal lands or interests therein within the State of Californiamay be disposed of from Federal ownership unless—

(A) the Secretary is notified of the availability of suchlands or interest therein;

(B) the Secretary has notified the Commission of the avail-ability of such lands or interests therein for exchange; and

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(C) the Commission has not notified the Secretary withinsix months that it wishes to consider entering into an exchangefor such lands or interests therein.(2) If the Commission notifies the Secretary that it wishes

to consider an exchange for such lands or interests therein, theSecretary shall attempt to conclude such exchange in accordancewith the provisions of this section as quickly as possible.

(3) If an agreement is reached and executed with the Commis-sion, then upon notice to the head of the agency having administra-tive jurisdiction over such lands or interests therein, the Secretaryshall be vested with administrative jurisdiction over such landor interests therein for the purpose of concluding such exchange.

(4) Upon the acquisition of all State School lands or uponnotice by the Commission to the Secretary that it no longer hasan interest in such lands or interests therein, such lands or interestsshall be released to the agency that originally had jurisdictionover such lands or interests for disposal in accordance with thelaws otherwise applicable to such lands or interests.

(d) NO EFFECT ON MILITARY BASE CLOSURES.—The provisionsof this section shall not apply to the disposal of property undertitle II of the Defense Authorization Amendments and Base Closureand Realignment Act (Public Law 100–526; 102 Stat. 2627; 10U.S.C. 2687 note) or the Defense Base Closure and RealignmentAct of 1990 (Public Law 101–510; 104 Stat. 1808; 10 U.S.C. 2687note).SEC. 708. ACCESS TO PRIVATE PROPERTY.

The Secretary shall provide adequate access to nonfederallyowned land or interests in land within the boundaries of the con-servation units and wilderness areas designated by this Act whichwill provide the owner of such land or interest the reasonableuse and enjoyment thereof.SEC. 709. FEDERAL FACILITIES FEE EQUITY.

(a) POLICY STATEMENT.—It is the intent of Congress thatentrance, tourism or recreational use fees for use of Federal landsand facilities not discriminate against any State or any regionof the country.

(b) FEE STUDY.—The Secretary, in cooperation with otheraffected agencies, shall prepare and submit a report by May 1,1996 to the Committee on Energy and Natural Resources of theUnited States Senate, the Committee on Natural Resources of theUnited States House of Representatives, and any other relevantcommittees, which shall—

(1) identify all Federal lands and facilities that providerecreational or tourism use; and

(2) analyze by State and region any fees charged forentrance, recreational or tourism use, if any, on Federal landsor facilities in a State or region, individually and collectively.(c) RECOMMENDATIONS.—Following completion of the report in

subsection (b), the Secretary, in cooperation with other affectedagencies, shall prepare and submit a report by May 1, 1997 tothe Committee on Energy and Natural Resources of the UnitedStates Senate, the Committee on Natural Resources of the UnitedStates House of Representatives, and any other relevant commit-tees, which shall contain recommendations which the Secretarydeems appropriate for implementing the congressional intent out-lined in subsection (a).

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SEC. 710. LAND APPRAISAL.

Lands and interests in lands acquired pursuant to this Actshall be appraised without regard to the presence of a specieslisted as threatened or endangered pursuant to the EndangeredSpecies Act of 1973 (16 U.S.C. 1531 et seq.).SEC. 711. DEFINITION.

Any reference to the term ‘‘this Act’’ in titles I through IXshall be deemed to be solely a reference to sections 1 and 2,and titles I through IX.

TITLE VIII—MILITARY LANDS ANDOVERFLIGHTS

SEC. 801. SHORT TITLE AND FINDINGS.

(a) SHORT TITLE.—This title may be cited as the ‘‘CaliforniaMilitary Lands Withdrawal and Overflights Act of 1994’’.

(b) FINDINGS.—The Congress finds that—(1) military aircraft testing and training activities as well

as demilitarization activities in California are an importantpart of the national defense system of the United States, andare essential in order to secure for the American people ofthis and future generations an enduring and viable nationaldefense system;

(2) the National Park System units and wilderness areasdesignated by this Act lie within a region critical to providingtraining, research, and development for the Armed Forces ofthe United States and its allies;

(3) there is a lack of alternative sites available for thesemilitary training, testing, and research activities;

(4) continued use of the lands and airspace in the Californiadesert region is essential for military purposes; and

(5) continuation of these military activities, under appro-priate terms and conditions, is not incompatible with the protec-tion and proper management of the natural, environmental,cultural, and other resources and values of the Federal landsin the California desert area.

SEC. 802. MILITARY OVERFLIGHTS.

(a) OVERFLIGHTS.—Nothing in this Act, the Wilderness Act,or other land management laws generally applicable to the newunits of the National Park or Wilderness Preservation Systems(or any additions to existing units) designated by this Act, shallrestrict or preclude low-level overflights of military aircraft oversuch units, including military overflights that can be seen or heardwithin such units.

(b) SPECIAL AIRSPACE.—Nothing in this Act, the WildernessAct, or other land management laws generally applicable to thenew units of the National Park or Wilderness Preservation Systems(or any additions to existing units) designated by this Act, shallrestrict or preclude the designation of new units of special airspaceor the use or establishment of military flight training routes oversuch new park system or wilderness units.

(c) NO EFFECT ON OTHER LAWS.—Nothing in this section shallbe construed to modify, expand, or diminish any authority underother Federal law.

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SEC. 803. WITHDRAWALS.

(a) CHINA LAKE.—(1) Subject to valid existing rights and exceptas otherwise provided in this title, the Federal lands referred toin paragraph (2), and all other areas within the boundary of suchlands as depicted on the map specified in such paragraph whichmay become subject to the operation of the public land laws, arehereby withdrawn from all forms of appropriation under the publicland laws (including the mining laws and the mineral leasinglaws). Such lands are reserved for use by the Secretary of theNavy for—

(A) use as a research, development, test, and evaluationlaboratory;

(B) use as a range for air warfare weapons and weaponsystems;

(C) use as a high hazard training area for aerial gunnery,rocketry, electronic warfare and countermeasures, tacticalmaneuvering and air support;

(D) geothermal leasing and development and related powerproduction activities; and

(E) subject to the requirements of section 804(f) of thistitle, other defense-related purposes consistent with the pur-poses specified in this paragraph.(2) The lands referred to in paragraph (1) are the Federal

lands located within the boundaries of the China Lake Naval Weap-ons Center, comprising approximately one million one hundredthousand acres in Inyo, Kern, and San Bernardino Counties, Califor-nia, as generally depicted on a map entitled ‘‘China Lake NavalWeapons Center Withdrawal—Proposed’’, dated January 1985.

(b) CHOCOLATE MOUNTAIN.—(1) Subject to valid existing rightsand except as otherwise provided in this title, the Federal landsreferred to in paragraph (2), and all other areas within the boundaryof such lands as depicted on the map specified in such paragraphwhich may become subject to the operation of the public landlaws, are hereby withdrawn from all forms of appropriation underthe public land laws (including the mining laws and the mineralleasing and the geothermal leasing laws). Such lands are reservedfor use by the Secretary of the Navy for—

(A) testing and training for aerial bombing, missile firing,tactical maneuvering and air support; and

(B) subject to the provisions of section 804(f) of this title,other defense-related purposes consistent with the purposesspecified in this paragraph.(2) The lands referred to in paragraph (1) are the Federal

lands comprising approximately two hundred twenty-six thousandseven hundred and eleven acres in Imperial County, California,as generally depicted on a map entitled ‘‘Chocolate Mountain AerialGunnery Range Proposed—Withdrawal’’ dated July 1993.SEC. 804. MAPS AND LEGAL DESCRIPTIONS.

(a) PUBLICATION AND FILING REQUIREMENT.—As soon as prac-ticable after the date of enactment of this title, the Secretaryshall—

(1) publish in the Federal Register a notice containingthe legal description of the lands withdrawn and reserved bythis title; and

(2) file maps and the legal description of the lands with-drawn and reserved by this title with the Committee on Energy

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and Natural Resources of the United States Senate and theCommittee on Natural Resources of the United States Houseof Representatives.(b) TECHNICAL CORRECTIONS.—Such maps and legal descrip-

tions shall have the same force and effect as if they were includedin this title except that the Secretary may correct clerical andtypographical errors in such maps and legal descriptions.

(c) AVAILABILITY FOR PUBLIC INSPECTION.—Copies of such mapsand legal descriptions shall be available for public inspection inthe appropriate offices of the Bureau of Land Management; theoffice of the commander of the Naval Weapons Center, China Lake,California; the office of the commanding officer, Marine Corps AirStation, Yuma, Arizona; and the Office of the Secretary of Defense,Washington, District of Columbia.

(d) REIMBURSEMENT.—The Secretary of Defense shall reimbursethe Secretary for the cost of implementing this section.

SEC. 805. MANAGEMENT OF WITHDRAWN LANDS.

(a) MANAGEMENT BY THE SECRETARY OF THE INTERIOR.—(1)Except as provided in subsection (g), during the period of thewithdrawal the Secretary shall manage the lands withdrawn undersection 802 of this title pursuant to the Federal Land Policy andManagement Act of 1976 (43 U.S.C. 1701 et seq.) and otherapplicable law, including this title.

(2) To the extent consistent with applicable law and Executiveorders, the lands withdrawn under section 802 of this title maybe managed in a manner permitting—

(A) the continuation of grazing pursuant to applicable lawand Executive orders were permitted on the date of enactmentof this title;

(B) protection of wildlife and wildlife habitat;(C) control of predatory and other animals;(D) recreation (but only on lands withdrawn by section

802(a) of this title (relating to China Lake));(E) the prevention and appropriate suppression of brush

and range fires resulting from nonmilitary activities; and(F) geothermal leasing and development and related power

production activities on the lands withdrawn under section802(a) of this title (relating to China Lake).(3)(A) All nonmilitary use of such lands, including the uses

described in paragraph (2), shall be subject to such conditionsand restrictions as may be necessary to permit the military useof such lands for the purposes specified in or authorized pursuantto this title.

(B) The Secretary may issue any lease, easement, right-of-way, or other authorization with respect to the nonmilitary useof such lands only with the concurrence of the Secretary of theNavy.

(b) CLOSURE TO PUBLIC.—(1) If the Secretary of the Navydetermines that military operations, public safety, or national secu-rity require the closure to public use of any road, trail, or otherportion of the lands withdrawn by this title, the Secretary maytake such action as the Secretary determines necessary or desirableto effect and maintain such closure.

(2) Any such closure shall be limited to the minimum areasand periods which the Secretary of the Navy determines arerequired to carry out this subsection.

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(3) Before and during any closure under this subsection, theSecretary of the Navy shall—

(A) keep appropriate warning notices posted; and(B) take appropriate steps to notify the public concerning

such closures.(c) MANAGEMENT PLAN.—The Secretary (after consultation with

the Secretary of the Navy) shall develop a plan for the managementof each area withdrawn under section 802 of this title duringthe period of such withdrawal. Each plan shall—

(1) be consistent with applicable law;(2) be subject to conditions and restrictions specified in

subsection (a)(3);(3) include such provisions as may be necessary for proper

management and protection of the resources and values ofsuch area; and

(4) be developed not later than three years after the dateof enactment of this title.(d) BRUSH AND RANGE FIRES.—The Secretary of the Navy shall

take necessary precautions to prevent and suppress brush andrange fires occurring within and outside the lands withdrawn undersection 802 of this title as a result of military activities and mayseek assistance from the Bureau of Land Management in thesuppression of such fires. The memorandum of understandingrequired by subsection (e) shall provide for Bureau of Land Manage-ment assistance in the suppression of such fires, and for a transferof funds from the Department of the Navy to the Bureau of LandManagement as compensation for such assistance.

(e) MEMORANDUM OF UNDERSTANDING.—(1) The Secretary andthe Secretary of the Navy shall (with respect to each land with-drawal under section 802 of this title) enter into a memorandumof understanding to implement the management plan developedunder subsection (c). Any such memorandum of understanding shallprovide that the Director of the Bureau of Land Management shallprovide assistance in the suppression of fires resulting from themilitary use of lands withdrawn under section 802 if requestedby the Secretary of the Navy.

(2) The duration of any such memorandum shall be the sameas the period of the withdrawal of the lands under section 802.

(f) ADDITIONAL MILITARY USES.—Lands withdrawn under sec-tion 802 of this title may be used for defense-related uses otherthan those specified in such section. The Secretary of Defenseshall promptly notify the Secretary in the event that the landswithdrawn by this title will be used for defense-related purposesother than those specified in section 802. Such notification shallindicate the additional use or uses involved, the proposed durationof such uses, and the extent to which such additional militaryuses of the withdrawn lands will require that additional or morestringent conditions or restrictions be imposed on otherwise-per-mitted nonmilitary uses of the withdrawn land or portions thereof.

(g) MANAGEMENT OF CHINA LAKE.—(1) The Secretary mayassign the management responsibility for the lands withdrawnunder section 802(a) of this title to the Secretary of the Navywho shall manage such lands, and issue leases, easements, rights-of-way, and other authorizations, in accordance with this title andcooperative management arrangements between the Secretary andthe Secretary of the Navy: Provided, That nothing in this subsectionshall affect geothermal leases issued by the Secretary prior to

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the date of enactment of this title, or the responsibility of theSecretary to administer and manage such leases, consistent withthe provisions of this section. In the case that the Secretary assignssuch management responsibility to the Secretary of the Navy beforethe development of the management plan under subsection (c),the Secretary of the Navy (after consultation with the Secretary)shall develop such management plan.

(2) The Secretary shall be responsible for the issuance of anylease, easement, right-of-way, and other authorization with respectto any activity which involves both the lands withdrawn undersection 802(a) of this title and any other lands. Any such authoriza-tion shall be issued only with the consent of the Secretary ofthe Navy and, to the extent that such activity involves lands with-drawn under section 802(a), shall be subject to such conditionsas the Secretary of the Navy may prescribe.

(3) The Secretary of the Navy shall prepare and submit tothe Secretary an annual report on the status of the natural andcultural resources and values of the lands withdrawn under section802(a). The Secretary shall transmit such report to the Committeeon Energy and Natural Resources of the United States Senateand the Committee on Natural Resources of the United StatesHouse of Representatives.

(4) The Secretary of the Navy shall be responsible for themanagement of wild horses and burros located on the lands with-drawn under section 802(a) of this title and may utilize helicoptersand motorized vehicles for such purposes. Such management shallbe in accordance with laws applicable to such management onpublic lands and with an appropriate memorandum of understand-ing between the Secretary and the Secretary of the Navy.

(5) Neither this title nor any other provision of law shall beconstrued to prohibit the Secretary from issuing and administeringany lease for the development and utilization of geothermal steamand associated geothermal resources on the lands withdrawn undersection 802(a) of this title pursuant to the Geothermal Steam Actof 1970 (30 U.S.C. 1001 et seq.) and other applicable law, butno such lease shall be issued without the concurrence of the Sec-retary of the Navy.

(6) This title shall not affect the geothermal exploration anddevelopment authority of the Secretary of the Navy under section2689 of title 10, United States Code, except that the Secretaryof the Navy shall obtain the concurrence of the Secretary beforetaking action under that section with respect to the lands with-drawn under section 802(a).

(7) Upon the expiration of the withdrawal or relinquishmentof China Lake, Navy contracts for the development of geothermalresources at China Lake then in effect (as amended or renewedby the Navy after the date of enactment of this title) shall remainin effect: Provided, That the Secretary, with the consent of theSecretary of the Navy, may offer to substitute a standard geo-thermal lease for any such contract.

SEC. 806. DURATION OF WITHDRAWALS.

(a) DURATION.—The withdrawals and reservations establishedby this title shall terminate twenty years after the date of enact-ment of this title.

(b) DRAFT ENVIRONMENTAL IMPACT STATEMENT.—No later thaneighteen years after the date of enactment of this title, the Secretary

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of the Navy shall publish a draft environmental impact statementconcerning continued or renewed withdrawal of any portion of thelands withdrawn by this title for which that Secretary intendsto seek such continued or renewed withdrawal. Such draft environ-mental impact statement shall be consistent with the requirementsof the National Environmental Policy Act of 1969 (42 U.S.C. 4321et seq.) applicable to such a draft environmental impact statement.Prior to the termination date specified in subsection (a), the Sec-retary of the Navy shall hold a public hearing on any draft environ-mental impact statement published pursuant to this section. Suchhearing shall be held in the State of California in order to receivepublic comments on the alternatives and other matters includedin such draft environmental impact statement.

(c) EXTENSIONS OR RENEWALS.—The withdrawals establishedby this title may not be extended or renewed except by an Actor joint resolution of Congress.

SEC. 807. ONGOING DECONTAMINATION.

(a) PROGRAM.—Throughout the duration of the withdrawalsmade by this title, the Secretary of the Navy, to the extent fundsare made available, shall maintain a program of decontaminationof lands withdrawn by this title at least at the level of decontamina-tion activities performed on such lands in fiscal year 1986.

(b) REPORTS.—At the same time as the President transmitsto the Congress the President’s proposed budget for the first fiscalyear beginning after the date of enactment of this title and foreach subsequent fiscal year, the Secretary of the Navy shall trans-mit to the Committees on Appropriations, Armed Services, andEnergy and Natural Resources of the United States Senate andto the Committees on Appropriations, Armed Services, and NaturalResources of the United States House of Representatives a descrip-tion of the decontamination efforts undertaken during the previousfiscal year on such lands and the decontamination activities pro-posed for such lands during the next fiscal year including—

(1) amounts appropriated and obligated or expended fordecontamination of such lands;

(2) the methods used to decontaminate such lands;(3) amount and types of contaminants removed from such

lands;(4) estimated types and amounts of residual contamination

on such lands; and(5) an estimate of the costs for full contamination of such

lands and the estimate of the time to complete such decon-tamination.

SEC. 808. REQUIREMENTS FOR RENEWAL.

(a) NOTICE AND FILING.—(1) No later than three years priorto the termination of the withdrawal and reservation establishedby this title, the Secretary of the Navy shall advise the Secretaryas to whether or not the Secretary of the Navy will have a continu-ing military need for any of the lands withdrawn under section802 after the termination date of such withdrawal and reservation.

(2) If the Secretary of the Navy concludes that there willbe a continuing military need for any of such lands after thetermination date, the Secretary of the Navy shall file an applicationfor extension of the withdrawal and reservation of such neededlands in accordance with the regulations and procedures of the

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Department of the Interior applicable to the extension of withdraw-als of lands for military uses.

(3) If, during the period of withdrawal and reservation, theSecretary of the Navy decides to relinquish all or any of the landswithdrawn and reserved by this title, the Secretary of the Navyshall file a notice of intention to relinquish with the Secretary.

(b) CONTAMINATION.—(1) Before transmitting a notice ofintention to relinquish pursuant to subsection (a), the Secretaryof Defense, acting through the Department of the Navy, shall pre-pare a written determination concerning whether and to whatextent the lands that are to be relinquished are contaminatedwith explosive, toxic, or other hazardous materials.

(2) A copy of such determination shall be transmitted withthe notice of intention to relinquish.

(3) Copies of both the notice of intention to relinquish andthe determination concerning the contaminated state of the landsshall be published in the Federal Register by the Secretary ofthe Interior.

(c) DECONTAMINATION.—If any land which is the subject ofa notice of intention to relinquish pursuant to subsection (a) iscontaminated, and the Secretary, in consultation with the Secretaryof the Navy, determines that decontamination is practicable andeconomically feasible (taking into consideration the potential futureuse and value of the land) and that upon decontamination, theland could be opened to operation of some or all of the publicland laws, including the mining laws, the Secretary of the Navyshall decontaminate the land to the extent that funds are appro-priated for such purpose.

(d) ALTERNATIVES.—If the Secretary, after consultation withthe Secretary of the Navy, concludes that decontamination of anyland which is the subject of a notice of intention to relinquishpursuant to subsection (a) is not practicable or economically feasible,or that the land cannot be decontaminated sufficiently to be openedto operation of some or all of the public land laws, or if Congressdoes not appropriate a sufficient amount of funds for the decon-tamination of such land, the Secretary shall not be required toaccept the land proposed for relinquishment.

(e) STATUS OF CONTAMINATED LANDS.—If, because of theircontaminated state, the Secretary declines to accept jurisdictionover lands withdrawn by this title which have been proposed forrelinquishment, or if at the expiration of the withdrawal madeby this title the Secretary determines that some of the lands with-drawn by this title are contaminated to an extent which preventsopening such contaminated lands to operation of the public landlaws—

(1) the Secretary of the Navy shall take appropriate stepsto warn the public of the contaminated state of such landsand any risks associated with entry onto such lands;

(2) after the expiration of the withdrawal, the Secretaryof the Navy shall undertake no activities on such lands exceptin connection with decontamination of such lands; and

(3) the Secretary of the Navy shall report to the Secretaryand to the Congress concerning the status of such lands andall actions taken in furtherance of this subsection.(f) REVOCATION AUTHORITY.—Notwithstanding any other provi-

sion of law, the Secretary, upon deciding that it is in the publicinterest to accept jurisdiction over lands proposed for relinquish-

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ment pursuant to subsection (a), is authorized to revoke the with-drawal and reservation established by this title as it applies tosuch lands. Should the decision be made to revoke the withdrawaland reservation, the Secretary shall publish in the Federal Registeran appropriate order which shall—

(1) terminate the withdrawal and reservation;(2) constitute official acceptance of full jurisdiction over

the lands by the Secretary; and(3) state the date upon which the lands will be opened

to the operation of some or all of the public lands law, includingthe mining laws.

SEC. 809. DELEGABILITY.

(a) DEPARTMENT OF DEFENSE.—The functions of the Secretaryof Defense or the Secretary of the Navy under this title maybe delegated.

(b) DEPARTMENT OF THE INTERIOR.—The functions of the Sec-retary under this title may be delegated, except that an orderdescribed in section 807(f) may be approved and signed only bythe Secretary, the Under Secretary of the Interior, or an AssistantSecretary of the Department of the Interior.SEC. 810. HUNTING, FISHING, AND TRAPPING.

All hunting, fishing, and trapping on the lands withdrawnby this title shall be conducted in accordance with the provisionsof section 2671 of title 10, United States Code.SEC. 811. IMMUNITY OF UNITED STATES.

The United States and all departments or agencies thereofshall be held harmless and shall not be liable for any injury ordamage to persons or property suffered in the course of any geo-thermal leasing or other authorized nonmilitary activity conductedon lands described in section 802 of this title.SEC. 812. EL CENTRO RANGES.

The Secretary is authorized to permit the Secretary of theNavy to use until January 1, 1997, the approximately forty-fourthousand eight hundred and seventy acres of public lands in Impe-rial County, California, known as the East Mesa and West Mesaranges, in accordance with the Memorandum of Understandingdated June 29, 1987, between the Bureau of Land Management,the Bureau of Reclamation, and the Department of the Navy. Allmilitary uses of such lands shall cease on January 1, 1997, unlessauthorized by a subsequent Act of Congress.

TITLE IX—AUTHORIZATION OFAPPROPRIATIONS

SEC. 901. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the National ParkService and to the Bureau of Land Management to carry out thisAct an amount not to exceed $36,000,000 over and above thatprovided in fiscal year 1994 for additional administrative andconstruction costs over the fiscal year 1995–1999 period, and$300,000,000 for all land acquisition costs. No funds in excessof these amounts may be used for construction, administration,or land acquisition authorized under this Act without a specific

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authorization in an Act of Congress enacted after the date of enact-ment of this Act.

TITLE X—PROTECTION OF BODIE BOWL

SEC. 1001. SHORT TITLE.

This title may be cited as the ‘‘Bodie Protection Act of 1994’’.SEC. 1002. FINDINGS.

The Congress finds that—(1) the historic Bodie gold mining district in the State

of California is the site of the largest and best preserved authen-tic ghost town in the western United States;

(2) the Bodie Bowl area contains important natural, histori-cal, and aesthetic resources;

(3) Bodie was designated as a National Historical Land-mark in 1961 and a California State Historic Park in 1962,is listed on the National Register of Historic Places, and isincluded in the Federal Historic American Buildings Survey;

(4) nearly 200,000 persons visit Bodie each year, providingthe local economy with important annual tourism revenues;

(5) the town of Bodie is threatened by proposals to exploreand extract minerals: mining in the Bodie Bowl area mayhave adverse physical and aesthetic impacts on Bodie’s histori-cal integrity, cultural values, and ghost town character as wellas on its recreational values and the area’s flora and fauna;

(6) the California State Legislature, on September 4, 1990,requested the President and the Congress to direct the Sec-retary of the Interior to protect the ghost town character,ambience, historic buildings, and scenic attributes of the townof Bodie and nearby areas;

(7) the California State Legislature also requested the Sec-retary, if necessary to protect the Bodie Bowl area, to withdrawthe Federal lands within the area from all forms of mineralentry and patent;

(8) the National Park Service listed Bodie as a priorityone endangered National Historic Landmark in its fiscal year1990 and 1991 report to Congress entitled ‘‘Threatened andDamaged National Historic Landmarks’’ and recommendedprotection of the Bodie area; and

(9) it is necessary and appropriate to provide that all Fed-eral lands within the Bodie Bowl area are not subject to loca-tion, entry, and patent under the mining laws of the UnitedStates, subject to valid existing rights, and to direct the Sec-retary to consult with the Governor of the State of Californiabefore approving any mining activity plan within the BodieBowl.

SEC. 1003. DEFINITIONS.

For the purposes of this title:(1) The term ‘‘Bodie Bowl’’ means the Federal lands and

interests therein within the area generally depicted on themap referred to in section 1004(a).

(2) The term ‘‘mineral activities’’ means any activity involv-ing mineral prospecting, exploration, extraction, milling,beneficiation, processing, and reclamation.

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(3) The term ‘‘Secretary’’ means the Secretary of theInterior.

SEC. 1004. APPLICABILITY OF MINERAL MINING, LEASING AND DIS-POSAL LAWS.

(a) RESTRICTION.—Subject to valid existing rights, after thedate of enactment of this title Federal lands and interests in landswithin the area generally depicted on the map entitled ‘‘BodieBowl’’ and dated June 12, 1992, shall not be—

(1) open to the location of mining and mill site claimsunder the general mining laws of the United States;

(2) subject to any lease under the Mineral Leasing Act(30 U.S.C. 181 and following) or the Geothermal Steam Actof 1970 (30 U.S.C. 100 and following), for lands within theBodie Bowl; and

(3) available for disposal of mineral materials under theAct of July 31, 1947, commonly known as the Materials Actof 1947 (30 U.S.C. 601 and following).

Such map shall be on file and available for public inspection inthe Office of the Secretary, and appropriate offices of the Bureauof Land Management and the National Park Service. As soon aspracticable after the date of enactment of this title, the Secretaryshall publish a legal description of the Bodie Bowl area in theFederal Register.

(b) VALID EXISTING RIGHTS.—As used in this section, the term‘‘valid existing rights’’ in reference to the general mining lawsmeans that a mining claim located on lands within the BodieBowl was properly located and maintained under the general mininglaws prior to the date of enactment of this title, was supportedby a discovery of a valuable mineral deposit within the meaningof the general mining laws on the date of enactment of this title,and that such claim continues to be valid.

(c) VALIDITY REVIEW.—The Secretary shall undertake an expe-dited program to determine the validity of all unpatented miningclaims located within the Bodie Bowl. The expedited program shallinclude an examination of all unpatented mining claims, includingthose for which a patent application has not been filed. If a claimis determined to be invalid, the Secretary shall promptly declarethe claim to be null and void, except that the Secretary shallnot challenge the validity of any claim located within the BodieBowl for the failure to do assessment work for any period afterthe date of enactment of this title. The Secretary shall make adetermination with respect to the validity of each claim referredto under this subsection within two years after the date of enact-ment of this title.

(d) LIMITATION ON PATENT ISSUANCE.—(1) MINING CLAIMS.—(A) After January 11, 1993, no patent

shall be issued by the United States for any mining claimlocated under the general mining laws within the Bodie Bowlunless the Secretary determines that, for the claim concerned—

(i) a patent application was filed with the Secretaryon or before such date; and

(ii) all requirements established under sections 2325and 2326 of the Revised Statutes (30 U.S.C. 29 and 30)for vein or lode claims and sections 2329, 2330, 2331,and 2333 of the Revised Statutes (30 U.S.C. 35, 36, 37)for placer claims were fully complied with by that date.

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(B) If the Secretary makes the determinations referredto in subparagraph (A) for any mining claim, the holder ofthe claim shall be entitled to the issuance of a patent inthe same manner and degree to which such claim holder wouldhave been entitled to prior to the enactment of this title, unlessand until such determinations are withdrawn or invalidatedby the Secretary or by a court of the United States.

(2) MILL SITE CLAIMS.—(A) After January 11, 1993, nopatent shall be issued by the United States for any mill siteclaim located under the general mining laws within the BodieBowl unless the Secretary determines that, for the claim con-cerned—

(i) a patent application was filed with the Secretaryon or before January 11, 1993; and

(ii) all requirements applicable to such patent applica-tion were fully complied with by that date.(B) If the Secretary makes the determinations referred

to in subparagraph (A) for any mill site claim, the holderof the claim shall be entitled to the issuance of a patent inthe same manner and degree to which such claim holder wouldhave been entitled to prior to the enactment of this title, unlessand until such determinations are withdrawn or invalidatedby the Secretary or by a court of the United States.

SEC. 1005. MINERAL ACTIVITIES.

(a) IN GENERAL.—Notwithstanding the last sentence of section302(b) of the Federal Land Policy and Management Act of 1976,and in accordance with this title and other applicable law, theSecretary shall require that mineral activities be conducted in theBodie Bowl so as to—

(1) avoid adverse effects on the historic, cultural, rec-reational, and natural resource values of the Bodie Bowl; and

(2) minimize other adverse impacts to the environment.(b) RESTORATION OF EFFECTS OF MINING EXPLORATION.—As

soon as possible after the date of enactment of this Act, visibleevidence or other effects of mining exploration activity within theBodie Bowl conducted on or after September 1, 1988, shall bereclaimed by the operator in accordance with regulations prescribedpursuant to subsection (d).

(c) ANNUAL EXPENDITURES; FILING.—The requirements forannual expenditures on unpatented mining claims imposed byRevised Statute 2324 (30 U.S.C. 28) shall not apply to any suchclaim located within the Bodie Bowl. In lieu of filing the affidavitof assessment work referred to under section 314(a)(1) of the FederalLand Policy and Management Act of 1976 (43 U.S.C. 1744(a)(1)),the holder of any unpatented mining or mill site claim locatedwithin the Bodie Bowl shall only be required to file the noticeof intention to hold the mining claim referred to in such section314(a)(1).

(d) REGULATIONS.—The Secretary shall promulgate rules toimplement this section, in consultation with the Governor of theState of California, within 180 days after the date of enactmentof this title. Such rules shall be no less stringent that the rulespromulgated pursuant to the Act of September 28, 1976 entitled‘‘An Act to provide for the regulation of mining activity within,and to repeal the application of mining laws to, areas of the National

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Park System, and for other purposes’’ (Public Law 94–429; 16U.S.C. 1901–1912).

SEC. 1006. STUDY.

Beginning as soon as possible after the date of enactmentof this title, the Secretary shall review possible actions to preservethe scenic character, historical integrity, cultural and recreationalvalues, flora and fauna, and ghost town characteristics of landsand structures within the Bodie Bowl. No later than 3 years afterthe date of such enactment, the Secretary shall submit to theCommittee on Energy and Natural Resources of the United StatesSenate and the Committee on Natural Resources of the UnitedStates House of Representatives a report that discusses the resultsof such review and makes recommendations as to which steps(including but not limited to acquisition of lands or valid miningclaims) should be undertaken in order to achieve these objectives.


There is authorized to be appropriated such sums as maybe necessary to carry out this title.

TITLE XI—LOWER MISSISSIPPI DELTAREGION INITIATIVES

SEC. 1101. FINDINGS.

(a) The Congress finds that—(1) in 1988, Congress enacted Public Law 100–460,

establishing the Lower Mississippi Delta Development Commis-sion, to assess the needs, problems, and opportunities of peopleliving in the Lower Mississippi Delta Region that includes219 counties and parishes within the States of Arkansas, Illi-nois, Kentucky, Louisiana, Mississippi, Missouri, and Ten-nessee;

(2) the Commission conducted a thorough investigation toassess these needs, problems, and opportunities, and held sev-eral public hearings throughout the Delta Region;

(3) on the basis of these investigations, the Commissionissued the Delta Initiatives Report, which included rec-ommendations on natural resource protection, historic preserva-tion, and the enhancement of educational and other opportuni-ties for Delta residents;

(4) the Delta Initiatives Report recommended—(A) designating the Great River Road as a scenic

byway, and designating other hiking and motorized trailsthroughout the Delta Region;

(B) that the Federal Government identify sites andstructures of historic and prehistoric importance through-out the Delta Region;

(C) the further study of potential new units of theNational Park System within the Delta Region; and

(D) that Federal agencies target more monies inselected areas to institutions of higher education in theDelta Region, especially Historically Black Colleges andUniversities.

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SEC. 1102. DEFINITIONS.

As used in this title, the term—(1) ‘‘Commission’’ means the Lower Mississippi Delta Devel-

opment Commission established pursuant to Public Law 100–460;

(2) ‘‘Delta Initiatives Report’’ means the May 14, 1990Final Report of the Commission entitled ‘‘The Delta Initiatives:Realizing the Dream . . . Fulfilling the Potential’’;

(3) ‘‘Delta Region’’ means the Lower Mississippi DeltaRegion including the 219 counties and parishes within theStates of Arkansas, Illinois, Kentucky, Louisiana, Mississippi,Missouri, and Tennessee, as defined in the Delta InitiativesReport, except that, for any State for which the Delta Regionas defined in such report comprises more than half of thegeographic area of such State, the entire State shall be consid-ered part of the Delta Region for purposes of this title;

(4) ‘‘Department’’ means the United States Departmentof the Interior, unless otherwise specifically stated;

(5) ‘‘Historically Black College or University’’ means a col-lege or university that would be considered a ‘‘part B institu-tion’’ by section 322(2) of the Higher Education Act of 1965(20 U.S.C. 1061(2));

(6) ‘‘minority college or university’’ means a HistoricallyBlack College or University that would be considered a ‘‘partB institution’’ by section 322(2) of the Higher Education Actof 1965 (20 U.S.C. 1061(2)) or a ‘‘minority institution’’ as thatterm is defined in section 1046 of the Higher Education Actof 1965 (20 U.S.C. 1135d–5(3));

(7) ‘‘Secretary’’ means the Secretary of the Interior, unlessotherwise specifically stated.

SEC. 1103. LOWER MISSISSIPPI DELTA REGION HERITAGE STUDY.

(a) IN GENERAL.—The Secretary, in consultation with the Statesof the Delta Region, the Lower Mississippi Delta DevelopmentCenter, and other appropriate Delta Region institutions, is directedto prepare and transmit to the Congress within three years afterthe date of the enactment of this title, a study of significant natural,recreational, historical or prehistorical, and cultural lands, waters,sites, and structures located within the Delta Region. This studyshall take into consideration the research and inventory of resourcesconducted by the Mississippi River Heritage Corridor StudyCommission.

(b) TRANSPORTATION ROUTES.—(1) The study shall include rec-ommendations on appropriate designation and interpretation ofhistorically significant roads, trails, byways, waterways, or otherroutes within the Delta Region.

(2) In order to provide for public appreciation, education, under-standing, interpretation, and enjoyment of the significant sitesidentified pursuant to subsection (a), which are accessible by publicroads, the Secretary shall recommend in the study vehicular tourroutes along existing public roads linking such sites within theDelta Region.

(3) Such recommendations shall include an analysis of designat-ing the Great River Road (as depicted on the map entitled ‘‘ProposedDelta Transportation Network’’ on pages 102–103 of the Delta Ini-tiatives Report) and other sections of the Great River Road betweenBaton Rouge and New Orleans, Louisiana and an analysis of des-

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ignating that portion of the Old Antonio Road and the LouisianaNatchez Trace which extends generally along Highway 84 fromVidalia, Louisiana, to Clarence, Louisiana, and Louisiana Highway6 from Clarence, Louisiana, to the Toledo Bend Reservoir, Louisi-ana, as a National Scenic Byway, or as a component of the NationalTrails System, or such other designation as the Secretary deemsappropriate.

(4) The Secretary shall also recommend in the study an appro-priate route along existing public roads to commemorate the impor-tance of timber production and trade to the economic developmentof the Delta Region in the early twentieth century, and to highlightthe continuing importance of timber production and trade to theeconomic life of the Delta Region. Recommendations shall includean analysis of designating that portion of US 165 which extendsfrom Alexandria, Louisiana, to Monroe, Louisiana, as a NationalScenic Byway, or as a component of the National Trails System,or such other designation as the Secretary deems appropriate.

(5) The study shall also include a comprehensive recreation,interpretive, and visitor use plan for the routes described in theabove paragraphs, including bicycle and hiking paths, and makespecific recommendations for the acquisition and construction orrelated interpretive and visitor information facilities at selectedsites along such routes.

(6) The Secretary is authorized to make grants to States forwork necessary to stabilize, maintain, and widen public roads toallow for adequate access to the nationally significant sites andstructures identified by the study, to allow for proper use of thevehicular tour route, trails, byways, including the routes definedin paragraphs (3) and (4) or other public roads within the DeltaRegion and to implement the comprehensive recreation, interpre-tive, and visitor use plan required in paragraph (5).

(c) LISTING.—On the basis of the study, and in consultationwith the National Trust for Historic Preservation, the Secretaryshall inventory significant structures and sites in the Delta Region.The Secretary shall further recommend and encourage cooperativepreservation and economic development efforts such as theestablishment of preservation districts linking groups of contiguouscounties or parishes, especially those that lie along the aforemen-tioned designated routes. The Secretary shall prepare a list ofthe sites and structures for possible inclusion by the NationalPark Service as National Historic Landmarks or such other designa-tion as the Secretary deems appropriate.

SEC. 1104. DELTA REGION HERITAGE CORRIDORS AND HERITAGE ANDCULTURAL CENTERS.

(a) FINDINGS.—The Congress finds that—(1) in 1990, the Congress authorized the Institute of

Museum Services to prepare a report assessing the needs ofsmall, emerging, minority, and rural museums in order to iden-tify the resources such museums needed to meet their edu-cational mission, to identify the areas of museum operationin which the needs were greatest, and to make recommenda-tions on how these needs could best be met;

(2) the Institute of Museum Services undertook a com-prehensive eighteen month study of such needs with the assist-ance of two advisory groups, surveyed 524 museums fromthroughout the Nation, held discussion groups in which rep-

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resentatives of 25 museum groups participated, and conductedcase studies of 12 museum facilities around the Nation;

(3) on the basis of this assessment, the Institute of MuseumServices issued a report in September, 1992, entitled, ‘‘NationalNeeds Assessment of Small, Emerging, Minority and RuralMuseums in the United States’’ (hereinafter ‘‘National NeedsAssessment’’) which found that small, emerging, minority, andrural museums provide valuable educational and culturalresources for their communities and contain a reservoir ofthe Nation’s material, cultural and historical heritage, but dueto inadequate resources are unable to meet their full potentialor the demands of the surrounding communities;

(4) the needs of these institutions are not being met throughexisting Federal programs;

(5) fewer than half of the participants in the survey hadapplied for Federal assistance in the past two years and thatmany small, emerging, minority and rural museums believeexisting Federal programs do not meet their needs;

(6) based on the National Needs Assessment, that fundingagencies should increase support available to small, emerging,minority, and rural museums and make specific recommenda-tions for increasing technical assistance in order to identifysuch institutions and provide assistance to facilitate theirparticipation in Federal programs;

(7) the Delta Initiatives Report made specific recommenda-tions for the creation and development of centers for thepreservation of the cultural, historical, and literary heritageof the Delta Region, including recommendations for theestablishment of a Delta Region Native American Heritageand Cultural Center and a Delta Region African AmericanHeritage and Cultural Center with additional satellite centersor museums linked throughout the Delta Region;

(8) the Delta Initiatives Report stated that new ways ofcoordinating, preserving, and promoting the Delta Region’s lit-erature, art, and music should be established including thecreation of a network to promote the Delta Region’s literary,artistic, and musical heritage; and

(9) wholesale destruction and attrition of archeological sitesand structures has eliminated a significant portion of NativeAmerican heritage as well as the interpretive potential of theDelta Region’s parks and museums. Furthermore, site andstructure destruction is so severe that an ambitious programof site and structure acquisition in the Delta Region is nec-essary.(b) IN GENERAL.—The Secretary, in consultation with the States

of the Delta Region, the Chairman of the National Endowmentfor the Arts, the Chairman of the National Endowment for theHumanities, the Director of the Smithsonian Institution, the LowerMississippi Delta Development Center, Historically Black Collegesand Universities, and appropriate African American, Native Amer-ican and other relevant institutions or organizations in the DeltaRegion, is further directed to prepare and transmit to the Congressa plan outlining specific recommendations, including recommenda-tions for necessary funding, for the establishment of a Delta RegionNative American Heritage Corridor and Heritage and Cultural Cen-ter and a Delta Region African American Heritage Corridor and

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Heritage and Cultural Center with a network of satellite or coopera-tive units.

(c) DELTA REGION NATIVE AMERICAN HERITAGE CORRIDOR ANDCULTURAL CENTER.—(1) The plan referred to in subsection (b) ofthis section shall include recommendations for establishing a net-work of parks, museums, and other centers to interpret NativeAmerican culture and heritage in the Delta Region, including aten year development strategy for such a network.

(2) Such plan shall include specific proposals for the develop-ment of a Native American Heritage Corridor and Heritage andCultural Center in the Delta Region, along with recommendationsfor the appropriate Federal role in such a center including matchinggrants, technical and interpretive assistance.

(3) Such plan shall be conducted in consultation with triballeaders in the Delta Region.

(4) Such plan shall also include specific proposals for edu-cational and training assistance for Delta Region Native Americansto carry out the recommendations provided in the study.

(d) DELTA REGION AFRICAN AMERICAN HERITAGE CORRIDOR ANDHERITAGE AND CULTURAL CENTER.—(1) The plan referred to insubsection (b) of this section shall include recommendations forestablishing a heritage corridor or trail system, consisting of oneor two major north-south routes and several east-west-spur loopsto preserve, interpret and commemorate the African American herit-age and culture in the Delta Region during all significant historicalperiods.

(2) Such plan shall make specific recommendations for rep-resenting all forms of expressive culture including the musical,folklore, literary, artistic, scientific, historical, educational, andpolitical contributions and accomplishments of African Americansin the Delta Region.

(3) Such plan shall make specific recommendations forimplementing the findings of the Delta Initiatives Report withrespect to establishing an African American Heritage Corridor andHeritage and Cultural Center and related satellite museums inthe Delta Region, together with specific funding levels necessaryto carry out these recommendations and shall also include rec-ommendations for improving access of small, emerging, minorityor rural museums to technical and financial assistance.

(4) Such plan shall be conducted in consultation with institu-tions of higher education in the Delta Region with expertise inAfrican American studies, Southern studies, archeology, anthropol-ogy, history and other relevant fields.

(5) Such plan shall make specific recommendations for improv-ing educational programs offered by existing cultural facilities andmuseums as well as establishing new outreach programs forelementary, middle and secondary schools, including summer pro-grams for youth in the Delta Region.

(e) GRANTS.—(1) In furtherance of the purposes of this section,the Secretary is authorized to make planning grants to StateHumanities Councils in the Delta Region to assist small, emerging,minority and rural museums selected on a financial needs basisin the development of a comprehensive long term plan for theseinstitutions. The Secretary is also authorized to make implementa-tion grants to State Humanities Councils in the Delta Region who,in consultations with State Museum Associations, shall make grantsto small, emerging, minority or rural museums for the purpose

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of carrying out an approved plan for training personnel, improvingexhibits or other steps necessary to assure the integrity of collec-tions in their facilities, for educational outreach programs, or forother activities the Secretary deems appropriate including the pro-motion of tourism in the region. Such institutions shall be selectedcompetitively and on the basis of demonstrated financial need.The Secretary is also authorized to make grants to State Human-ities Councils to update, simplify and coordinate the respectiveState Works Progress Administration guides and to develop a singlecomprehensive guide for the Delta Region.

(2) The Secretary is authorized to provide grants and otherappropriate technical assistance to State Humanities Councils,State museum Associations, and State Arts Councils in the DeltaRegion for the purpose of assessing the needs of such institutions.Such grants may be used by these institutions to undertake suchan assessment and to provide other technical, administrative andplanning assistance to small, emerging, minority or rural institu-tions seeking to preserve the Delta Region’s literary, artistic, andmusical heritage.

(f) MUSIC HERITAGE PROGRAM.—(1) The plan referred to insubsection (b) of this section shall include recommendations forestablishing a Music Heritage Program, with specific emphasison the Mississippi Delta Blues. The plan shall include specificrecommendations for developing a network of heritage sites, struc-tures, small museums, and festivals in the Delta Region.

(2) The plan shall include an economic strategy for the pro-motion of the Delta Region’s music, through the participation ofmusicians, festival developers, museum operators, universities, eco-nomic development districts, and other relevant individuals andorganizations.

(g) COMPLETION DATE.—The plan authorized in this sectionshall be completed not later than three years after the date fundsare made available for such plan.SEC. 1105. HISTORIC AND PREHISTORIC STRUCTURES AND SITES SUR-

VEY.

(a) ASSISTANCE.—The Secretary is authorized to provide tech-nical and financial assistance to Historically Black Colleges andUniversities to undertake a comprehensive survey of historic andprehistoric structures and sites located on their campuses, includingrecommendations as to the inclusion of appropriate structures andsites on the National Register of Historic Places, designation asNational Historic Landmarks, or other appropriate designation asdetermined by the Secretary. The Secretary shall also make specificproposals and recommendations, together with estimates of nec-essary funding levels, for a comprehensive plan to be carried outby the Department to assist Historically Black Colleges and Univer-sities in the preservation and interpretation of such sites and struc-tures.

(b) GRANTS.—In furtherance of the purposes of this section,the Secretary is authorized to provide technical and financial assist-ance to Historically Black Colleges and Universities for stabiliza-tion, preservation and interpretation of such sites and structures.SEC. 1106. DELTA ANTIQUITIES SURVEY.

(a) IN GENERAL.—(1) The Secretary is directed to prepare andtransmit to the Congress, in cooperation with the States of theDelta Region, State Archaeological Surveys and Regional

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Archeological Centers, a study of the feasibility of establishinga Delta Antiquities Trail or Delta Antiquities Heritage Corridorin the Delta Region.

(2) Such study shall, to the extent practicable, use nonintrusivemethods of identifying, surveying, inventorying, and stabilizingancient archeological sites and structures.

(3) In undertaking this study, the Secretary is directed toenter into cooperative agreements with the States of the DeltaRegion, the State Archeological Surveys, and Regional ArcheologicalCenters located in Delta Region institutions of higher educationfor on-site activities including surveys, inventories, and stabilizationand other activities which the Secretary deems appropriate.

(4) In addition to the over 100 known ancient archeologicalsites located in the Delta Region including Watson’s Brake, French-man’s Bend, Hedgepeth, Monte Sano, Banana Bayou, Hornsby,Parkin, Toltec, Menard-Hodges, Eaker, Blytheville Mound, Nodena,Taylor Mounds, DeSoto Mound and others, such study shall alsoemploy every practical means possible, including assistance fromthe National Aeronautics and Space Administration, the ForestService and Soil Conservation Service of the Department of Agri-culture, the Army Corps of Engineers of the Department of Defense,and other appropriate Federal agencies, to locate and confirm theexistence of a site known as Balbansha in southern Louisianaand a site known as Autiamque in Arkansas. The heads of theseFederal agencies shall cooperate with the Secretary as the Secretaryrequires on a non-reimbursable basis.

(b) TECHNICAL ASSISTANCE.—In furtherance of the purposesof this section, the Secretary is authorized to provide technicalassistance and grants to private landowners for necessary stabiliza-tion activities of identified sites and for preparing recommendationsfor designating such sites as National Landmarks or other appro-priate designations as the Secretary, with the concurrence of thelandowners, determines to be appropriate.

(c) COOPERATIVE AGREEMENTS.—The Secretary is authorizedto enter into cooperative agreements with the States, StateArcheological Surveys, and Regional Archeological Centers of theDelta Region to develop a ten-year plan for the stabilization,preservation and interpretation of those sites and structures asmay be identified by the Secretary.

SEC. 1107. HISTORIC AND ARCHEOLOGICAL RESOURCES PROGRAM.

(a) PROGRAM.—The Secretary shall conduct a comprehensiveprogram for the research, interpretation, and preservation of signifi-cant historic and archeological resources in the Delta Region.

(b) ELEMENTS OF THE PROGRAM.—The program shall include,but not be limited to—

(1) identification of research projects related to historicand archeological resources in the Delta Region and a proposalfor the regular publication of related research materials andpublications;

(2) the development of a survey program to investigate,inventory and further evaluate known historic and archeologicalsites and structures and identify those sites and structuresthat require additional study;

(3) identification of a core system of interpretive sites andstructures that would provide a comprehensive overview ofhistoric and archeological resources of the Delta Region;

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(4) preparation of educational materials to interpret thehistorical and archeological resources of the Delta Region;

(5) preparation of surveys and archeological and historicalinvestigations of sites, structures, and artifacts relating to theDelta Region, including the preparation of reports, maps, andother related activities.(c) GRANTS AND TECHNICAL ASSISTANCE.—(1) The Secretary

is authorized to award grants to qualified tribal, governmentaland non-governmental entities and individuals to assist the Sec-retary in carrying out those elements of the program which theSecretary deems appropriate.

(2) The Secretary is further authorized to award grants andprovide other types of technical and financial assistance to suchentities and individuals to conserve and protect historic andarcheological sites and structures in the Delta Region identifiedin the program prepared pursuant to this section.

(d) DEMONSTRATION PROJECT.—The Secretary shall establisha national demonstration project for the conservation and curationof the archeological records and collections of Federal and Statemanagement agencies in the Delta Region.SEC. 1108. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as maybe necessary to carry out this title.

TITLE XII—NEW ORLEANS JAZZNATIONAL HISTORICAL PARK

SEC. 1201. SHORT TITLE.

This title may be cited as the ‘‘New Orleans Jazz NationalHistorical Park Act of 1994’’.SEC. 1202. FINDINGS AND PURPOSE.

(a) FINDINGS.—The Congress finds that:(1) Jazz is the United States’ most widely recognized indige-

nous music and art form. Congress previously recognized jazzin 1987 through Senate Concurrent Resolution 57 as a rareand valuable national treasure of international importance.

(2) The city of New Orleans is widely recognized as thebirthplace of jazz. In and around this city, cultural and musicalelements blended to form the unique American music thatis known as New Orleans jazz, which is an expression of thecultural diversity of the lower Mississippi Delta Region.

(3) Jean Lafitte National Historical Park and Preservewas established to commemorate the cultural diversity of thelower Mississippi Delta Region including a range of culturalexpressions like jazz.(b) PURPOSE.—In furtherance of the need to recognize the value

and importance of jazz, it is the purpose of this title to establisha New Orleans Jazz National Historical Park to preserve the ori-gins, early history, development and progression of jazz; providevisitors with opportunities to experience the sights, sounds, andplaces where jazz evolved; and implement innovative ways ofestablishing jazz educational partnerships that will help to ensurethat jazz continues as a vital element of the culture of New Orleansand our Nation.

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SEC. 1203. ESTABLISHMENT.

(a) IN GENERAL.—In order to assist in the preservation, edu-cation, and interpretation of jazz as it has evolved in New Orleans,and to provide technical assistance to a broad range of organizationsinvolved with jazz music and its history, there is hereby establishedthe New Orleans Jazz National Historical Park (hereinafter referredto as the ‘‘historical park’’). The historical park shall be adminis-tered in conjunction with the Jean Lafitte National Historical Parkand Preserve, which was established to preserve and interpretthe cultural and natural resources of the lower Mississippi DeltaRegion.

(b) AREA INCLUDED.—The historical park shall consist of landsand interests therein as follows:

(1) Lands which the Secretary of the Interior (hereinafterreferred to as ‘‘the Secretary’’) may designate for an interpretivevisitor center complex.

(2) Sites that are the subject of cooperative agreementswith the National Park Service for the purposes of interpretivedemonstrations and programs associated with the purposes ofthis title.

(3)(A) Sites designated by the Secretary as provided insubparagraph (B).

(B)(i) No later than 18 months after the date of enactmentof this title, the Secretary is directed to complete a nationalhistoric landmark evaluation of sites associated with jazz inand around New Orleans as identified in the document entitled‘‘New Orleans Jazz Special Resource Study’’, prepared by theNational Park Service pursuant to Public Law 101–499. Inundertaking the evaluation, the Secretary shall, to the extentpracticable, utilize existing information relating to such sites.

(ii) If any of the sites evaluated are found to meet thestandards of the National Historic Landmark program andNational Park Service tests of suitability and feasibility, andoffer outstanding opportunities to further the purposes of thistitle, the Secretary may designate such sites as part of thehistorical park, following consultation with the owners of suchsites, the city of New Orleans, the Smithsonian Institution,and the New Orleans Jazz Commission, and notification tothe Committee on Energy and Natural Resources of the UnitedStates Senate and the Committee on Natural Resources ofthe United States House of Representatives.

SEC. 1204. ADMINISTRATION.

(a)(1) IN GENERAL.—The Secretary shall administer the histori-cal park in accordance with this title and with provisions of lawgenerally applicable to units of the National Park System, includingthe Act entitled ‘‘An Act to establish a National Park Service,and for other purposes’’, approved August 25, 1916 (39 Stat. 535;16 U.S.C. 1, 2–4); and the Act of August 21, 1935 (49 Stat. 666;16 U.S.C. 461–467). The Secretary shall manage the historicalpark in such a manner as will preserve and perpetuate knowledgeand understanding of the history of jazz and its continued evolutionas a true American art form.

(2) To minimize operational costs associated with the manage-ment and administration of the historical park and to avoid duplica-tion of effort, the Secretary shall, to the maximum extent prac-

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ticable, utilize the facilities, administrative staff and other servicesof the Jean Lafitte National Historical Park and Preserve.

(b) DONATIONS.—The Secretary may accept and retain dona-tions of funds, property, or services from individuals, foundations,corporations, or other public entities for the purposes of providingservices, programs, and facilities that further the purposes of thistitle.

(c) INTERPRETIVE CENTER.—The Secretary is authorized to con-struct, operate, and maintain an interpretive center in the historicalpark on lands identified by the Secretary pursuant to section1203(b)(1). Programs at the center shall include, but need notbe limited to, live jazz interpretive and educational programs, andshall provide visitors with information about jazz-related programs,performances, and opportunities.

(d) JAZZ HERITAGE DISTRICTS.—The Secretary may provide tech-nical assistance to the city of New Orleans and other appropriateentities for the designation of certain areas in and around NewOrleans as jazz heritage districts. Such districts shall include thoseareas with an exceptional concentration of jazz historical sites andestablished community traditions of jazz street parades.

(e) COOOPERATIVE AGREEMENTS, GRANTS AND TECHNICALASSISTANCE.—In furtherance of the purposes of this title—

(1) the Secretary, after consultation with the New OrleansJazz Commission established pursuant to section 1207, isauthorized to enter into cooperative agreements with ownersof properties that are designated pursuant to section 1203(b)(3)which provide outstanding educational and interpretiveopportunities relating to the evolution of jazz in New Orleans.The Secretary may assist in rehabilitating, restoring, marking,and interpreting and may provide technical assistance for thepreservation and interpretation of such properties. Such agree-ments shall contain, but need not be limited to, provisionsthat the National Park Service will have reasonable rightsof access for operational and visitor use needs, that rehabilita-tion and restoration will meet the Secretary’s standards forrehabilitation of historic buildings, and that specify the rolesand responsibilities of the Secretary for each site or structure;

(2) the Secretary is authorized to enter into cooperativeagreements with the city of New Orleans, the State of Louisi-ana, and other appropriate public and private organizationsunder which the other parties to the agreement may contributeto the acquisition, construction, operation, and maintenanceof the interpretive center and to the operation of educationaland interpretive programs to further the purposes of this title;and

(3) the Secretary, in consultation with the New OrleansJazz Commission, is authorized to provide grants or technicalassistance to public and private organizations.(f) JAZZ EDUCATIONAL PROGRAMS.—The Secretary shall, in the

administration of the historical park, promote a broad range ofeducational activities relating to jazz and its history. The Secretaryshall cooperate with schools, universities, and organizationssupporting jazz education to develop educational programs thatprovide expanded public understanding of jazz and enhancedopportunities for public appreciation. The Secretary may assistappropriate entities in the development of an information base

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including archival material, audiovisual records, and objects thatrelate to the history of jazz.

SEC. 1205. ACQUISITION OF PROPERTY.

(a) GENERAL AUTHORITY.—The Secretary may acquire landsand interests therein within the sites designated pursuant to section1203(b)(1) and (3) by donation or purchase with donated or appro-priated funds or long term lease: Provided, That sites designatedpursuant to section 1203(b)(3) shall only be acquired with theconsent of the owner thereof.

(b) STATE AND LOCAL PROPERTIES.—Lands and interests inlands which are owned by the State of Louisiana, or any politicalsubdivision thereof, may be acquired only by donation.

SEC. 1206. GENERAL MANAGEMENT PLAN.

Within three years after the date funds are made availabletherefor and concurrent with the national landmark study ref-erenced in section 1203(b)(3), the Secretary, in consultation withthe New Orleans Jazz Commission, shall prepare a general manage-ment plan for the historical park. The plan shall include, butneed not be limited to—

(1) a visitor use plan indicating programs and facilitiesassociated with park programs that will be made availableto the public;

(2) preservation and use plans for any structures and sitesthat are identified through the historic landmark study forinclusion within the historical park;

(3) the location and associated cost of public facilities thatare proposed for inclusion within the historical park, includinga visitor center;

(4) identification of programs that the Secretary will imple-ment or be associated with through cooperative agreementswith other groups and organizations;

(5) a transportation plan that addresses visitor use accessneeds to sites, facilities, and programs central to the purposeof the historical park;

(6) plans for the implementation of an archival systemfor materials, objects, and items of importance relating to thehistory of jazz; and

(7) guidelines for the application of cooperative agreementsthat will be used to assist in the management of historicalpark facilities and programs.

SEC. 1207. ESTABLISHMENT OF THE NEW ORLEANS JAZZ COMMISSION.

(a) ESTABLISHMENT.—To assist in implementing the purposesof this title and the document entitled ‘‘New Orleans Jazz SpecialResource Study’’, there is established the New Orleans JazzCommission (hereinafter referred to as the ‘‘Commission’’).

(b) MEMBERSHIP.—The Commission shall consist of 17 membersto be appointed no later than six months after the date of enactmentof this title. The Commission shall be appointed by the Secretaryas follows:

(1) One member from recommendations submitted by theMayor of New Orleans.

(2) Two members who have recognized expertise in musiceducation programs that emphasize jazz.

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(3) One member, with experience in and knowledge oftourism in the greater New Orleans area, from recommenda-tions submitted by local businesses.

(4) One member from recommendations submitted by theBoard of the New Orleans Jazz and Heritage Foundation.

(5) One member, with experience in and knowledge ofhistoric preservation within the New Orleans area.

(6) Two members, one from recommendations submittedby the Secretary of the Smithsonian Institution and one mem-ber from recommendations submitted by the Chairman of theNational Endowment of the Arts, who are recognized musicianswith knowledge and experience in the development of jazzin New Orleans.

(7) Two members, one from recommendations submittedby the Secretary of the Smithsonian Institution and one mem-ber from recommendations submitted by the Director of theLouisiana State Museum with recognized expertise in theinterpretation of jazz history or traditions related to jazz inNew Orleans.

(8) Two members who represent local neighborhood groupsor other local associations; from recommendations submittedby the Mayor of New Orleans.

(9) One member representing local mutual aid and benevo-lent societies as well as local social and pleasure clubs, fromrecommendations submitted by the Board of the New OrleansJazz and Heritage Foundation.

(10) One member from recommendations submitted by theGovernor of the State of Louisiana, who shall be a memberof the Louisiana State Music Commission.

(11) One member representing the New Orleans Jazz Clubfrom recommendations submitted by the club.

(12) One member who is a recognized local expert on thehistory, development and progression of jazz in New Orleansand is familiar with existing archival materials from rec-ommendations submitted by the Librarian of Congress.

(13) The Director of the National Park Service, or theDirector’s designee, ex officio.(c) DUTIES OF THE COMMISSION.—The Commission shall—

(1) advise the Secretary in the preparation of the generalmanagement plan for the historical park; assist in public discus-sions of planning proposals; and assist the National Park Serv-ice in working with individuals, groups, and organizationsincluding economic and business interests in determining pro-grams in which the Secretary should participate throughcooperative agreement;

(2) in consultation and cooperation with the Secretary,develop partnerships with educational groups, schools, univer-sities, and other groups to furtherance of the purposes of thistitle;

(3) in consultation and cooperation with the Secretary,develop partnerships with city-wide organizations, and raiseand disperse funds for programs that assist mutual aid andbenevolent societies, social and pleasure clubs and other tradi-tional groups in encouraging the continuation of and enhance-ment of jazz cultural traditions;

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(4) acquire or lease property for jazz education, and adviseon hiring brass bands and musical groups to participate ineducation programs and help train young musicians;

(5) in consultation and cooperation with the Secretary,provide recommendations for the location of the visitor centerand other interpretive sites;

(6) assist the Secretary in providing funds to supportresearch on the origins and early history of jazz in New Orleans;and

(7) notwithstanding any other provision of law, seek andaccept donations of funds, property, or services from individuals,foundations, corporations, or other public or private entitiesand expend and use the same for the purposes of providingservices, programs, and facilities for jazz education, or assistingin the rehabilitation and restoration of structures identifiedin the national historic landmark study referenced in section1203(b)(3) as having outstanding significance to the historyof jazz in New Orleans.(d) APPOINTMENT.—Members of the Commission shall be

appointed for staggered terms of 3 years, as designated by theSecretary at the time of the initial appointment.

(e) CHAIRMAN.—The Commission shall elect a chairman fromamong its members. The term of the chairman shall be for 3years.

(f) TERMS.—Any member of the Commission appointed by theSecretary for a 3-year term may serve after the expiration of hisor her term until a successor is appointed. Any vacancy shallbe filled in the same manner in which the original appointmentwas made. Any member appointed to fill a vacancy shall servefor the remainder of the term for which the predecessor wasappointed.

(g) PER DIEM EXPENSES.—Members of the Commission shallserve without compensation. Members shall be entitled to travelexpenses under section 5703, title 5, United States Code, whenengaged in Commission business, including per diem in lieu ofsubsistence in the same manner as persons employed intermittently.

(h) ADMINISTRATIVE SUPPORT.—The Secretary shall provide theCommission with assistance in obtaining such personnel, equip-ment, and facilities as may be needed by the Commission to carryout its duties.

(i) ANNUAL REPORT.—The Commission shall submit an annualreport to the Secretary identifying its expenses and income andthe entities to which any grants or technical assistance were madeduring the year for which the report is made.

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There is authorized to be appropriated such sums as maybe necessary to carry out this title.

Speaker of the House of Representatives.

Vice President of the United States andPresident of the Senate.

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