Omnibus Public Land Management Act of 2009/Title VI

From Wikisource
Jump to: navigation, search
Omnibus Public Land Management Act of 2009
Title VI: Department Of The Interior Authorizations

Subtitle A—Cooperative Watershed Management Program[edit]

SEC. 6001. DEFINITIONS.[edit]

In this subtitle:
(1) AFFECTED STAKEHOLDER- The term `affected stakeholder' means an entity that significantly affects, or is significantly affected by, the quality or quantity of water in a watershed, as determined by the Secretary.
(2) GRANT RECIPIENT- The term `grant recipient' means a watershed group that the Secretary has selected to receive a grant under section 6002(c)(2).
(3) PROGRAM- The term `program' means the Cooperative Watershed Management Program established by the Secretary under section 6002(a).
(4) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(5) WATERSHED GROUP- The term `watershed group' means a self-sustaining, cooperative watershed-wide group that—
(A) is comprised of representatives of the affected stakeholders of the relevant watershed;
(B) incorporates the perspectives of a diverse array of stakeholders, including, to the maximum extent practicable—
(i) representatives of—
(I) hydroelectric production;
(II) livestock grazing;
(III) timber production;
(IV) land development;
(V) recreation or tourism;
(VI) irrigated agricultural production;
(VII) the environment;
(VIII) potable water purveyors and industrial water users; and
(IX) private property owners within the watershed;
(ii) any Federal agency that has authority with respect to the watershed;
(iii) any State agency that has authority with respect to the watershed;
(iv) any local agency that has authority with respect to the watershed; and
(v) any Indian tribe that—
(I) owns land within the watershed; or
(II) has land in the watershed that is held in trust;
(C) is a grassroots, nonregulatory entity that addresses water availability and quality issues within the relevant watershed;
(D) is capable of promoting the sustainable use of the water resources of the relevant watershed and improving the functioning condition of rivers and streams through—
(i) water conservation;
(ii) improved water quality;
(iii) ecological resiliency; and
(iv) the reduction of water conflicts; and
(E) makes decisions on a consensus basis, as defined in the bylaws of the watershed group.
(6) WATERSHED MANAGEMENT PROJECT- The term `watershed management project' means any project (including a demonstration project) that—
(A) enhances water conservation, including alternative water uses;
(B) improves water quality;
(C) improves ecological resiliency of a river or stream;
(D) reduces the potential for water conflicts; or
(E) advances any other goals associated with water quality or quantity that the Secretary determines to be appropriate.

SEC. 6002. PROGRAM.[edit]

(a) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a program, to be known as the `Cooperative Watershed Management Program', under which the Secretary shall provide grants—
(1)(A) to form a watershed group; or
(B) to enlarge a watershed group; and
(2) to conduct 1 or more projects in accordance with the goals of a watershed group.
(b) Application-
(1) ESTABLISHMENT OF APPLICATION PROCESS; CRITERIA- Not later than 1 year after the date of enactment of this Act, the Secretary shall establish—
(A) an application process for the program; and
(B) in consultation with the States, prioritization and eligibility criteria for considering applications submitted in accordance with the application process.
(c) Distribution of Grant Funds-
(1) IN GENERAL- In distributing grant funds under this section, the Secretary—
(A) shall comply with paragraph (2); and
(B) may give priority to watershed groups that—
(i) represent maximum diversity of interests; or
(ii) serve subbasin-sized watersheds with an 8-digit hydrologic unit code, as defined by the United States Geological Survey.
(2) FUNDING PROCEDURE-
(A) FIRST PHASE-
(i) IN GENERAL- The Secretary may provide to a grant recipient a first-phase grant in an amount not greater than $100,000 each year for a period of not more than 3 years.
(ii) MANDATORY USE OF FUNDS- A grant recipient that receives a first-phase grant shall use the funds—
(I) to establish or enlarge a watershed group;
(II) to develop a mission statement for the watershed group;
(III) to develop project concepts; and
(IV) to develop a restoration plan.
(iii) ANNUAL DETERMINATION OF ELIGIBILITY-
(I) DETERMINATION- For each year of a first-phase grant, not later than 270 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding.
(II) EFFECT OF DETERMINATION- If the Secretary determines under subclause (I) that the progress of a grant recipient during the year covered by the determination justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year.
(iv) ADVANCEMENT CONDITIONS- A grant recipient shall not be eligible to receive a second-phase grant under subparagraph (B) until the date on which the Secretary determines that the watershed group—
(I) has approved articles of incorporation and bylaws governing the organization; and
(II)(aa) holds regular meetings;
(bb) has completed a mission statement; and
(cc) has developed a restoration plan and project concepts for the watershed.
(v) EXCEPTION- A watershed group that has not applied for or received first-phase grants may apply for and receive second-phase grants under subparagraph (B) if the Secretary determines that the group has satisfied the requirements of first-phase grants.
(B) SECOND PHASE-
(i) IN GENERAL- A watershed group may apply for and receive second-phase grants of $1,000,000 each year for a period of not more than 4 years if—
(I) the watershed group has applied for and received watershed grants under subparagraph (A); or
(II) the Secretary determines that the watershed group has satisfied the requirements of first-phase grants.
(ii) MANDATORY USE OF FUNDS- A grant recipient that receives a second-phase grant shall use the funds to plan and carry out watershed management projects.
(iii) ANNUAL DETERMINATION OF ELIGIBILITY-
(I) DETERMINATION- For each year of the second-phase grant, not later than 270 days after the date on which a grant recipient first receives grant funds for the year, the Secretary shall determine whether the grant recipient has made sufficient progress during the year to justify additional funding.
(II) EFFECT OF DETERMINATION- If the Secretary determines under subclause (I) that the progress of a grant recipient during the year justifies additional funding, the Secretary shall provide to the grant recipient grant funds for the following year.
(iv) ADVANCEMENT CONDITION- A grant recipient shall not be eligible to receive a third-phase grant under subparagraph (C) until the date on which the Secretary determines that the grant recipient has—
(I) completed each requirement of the second-phase grant; and
(II) demonstrated that 1 or more pilot projects of the grant recipient have resulted in demonstrable improvements, as determined by the Secretary, in the functioning condition of at least 1 river or stream in the watershed.
(C) THIRD PHASE-
(i) FUNDING LIMITATION-
(I) IN GENERAL- Except as provided in subclause (II), the Secretary may provide to a grant recipient a third-phase grant in an amount not greater than $5,000,000 for a period of not more than 5 years.
(II) EXCEPTION- The Secretary may provide to a grant recipient a third-phase grant in an amount that is greater than the amount described in subclause (I) if the Secretary determines that the grant recipient is capable of using the additional amount to further the purposes of the program in a way that could not otherwise be achieved by the grant recipient using the amount described in subclause (I).
(ii) MANDATORY USE OF FUNDS- A grant recipient that receives a third-phase grant shall use the funds to plan and carry out at least 1 watershed management project.
(3) AUTHORIZING USE OF FUNDS FOR ADMINISTRATIVE AND OTHER COSTS- A grant recipient that receives a grant under this section may use the funds—
(A) to pay for—
(i) administrative and coordination costs, if the costs are not greater than the lesser of—
(I) 20 percent of the total amount of the grant; or
(II) $100,000;
(ii) the salary of not more than 1 full-time employee of the watershed group; and
(iii) any legal fees arising from the establishment of the relevant watershed group; and
(B) to fund—
(i) water quality and quantity studies of the relevant watershed; and
(ii) the planning, design, and implementation of any projects relating to water quality or quantity.
(d) Cost Share-
(1) PLANNING- The Federal share of the cost of an activity provided assistance through a first-phase grant shall be 100 percent.
(2) PROJECTS CARRIED OUT UNDER SECOND PHASE-
(A) IN GENERAL- The Federal share of the cost of any activity of a watershed management project provided assistance through a second-phase grant shall not exceed 50 percent of the total cost of the activity.
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share under subparagraph (A) may be in the form of in-kind contributions.
(3) PROJECTS CARRIED OUT UNDER THIRD PHASE-
(A) IN GENERAL- The Federal share of the costs of any activity of a watershed group of a grant recipient relating to a watershed management project provided assistance through a third-phase grant shall not exceed 50 percent of the total costs of the watershed management project.
(B) FORM OF NON-FEDERAL SHARE- The non-Federal share under subparagraph (A) may be in the form of in-kind contributions.
(e) Annual Reports-
(1) IN GENERAL- Not later than 1 year after the date on which a grant recipient first receives funds under this section, and annually thereafter, in accordance with paragraph (2), the watershed group shall submit to the Secretary a report that describes the progress of the watershed group.
(2) REQUIRED DEGREE OF DETAIL- The contents of an annual report required under paragraph (1) shall contain sufficient information to enable the Secretary to complete each report required under subsection (f), as determined by the Secretary.
(f) Report- Not later than 5 years after the date of enactment of this Act, and every 5 years thereafter, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes—
(1) the ways in which the program assists the Secretary—
(A) in addressing water conflicts;
(B) in conserving water;
(C) in improving water quality; and
(D) in improving the ecological resiliency of a river or stream; and
(2) benefits that the program provides, including, to the maximum extent practicable, a quantitative analysis of economic, social, and environmental benefits.
(g) Authorization of Appropriations- There are authorized to be appropriated to carry out this section—
(1) $2,000,000 for each of fiscal years 2008 and 2009;
(2) $5,000,000 for fiscal year 2010;
(3) $10,000,000 for fiscal year 2011; and
(4) $20,000,000 for each of fiscal years 2012 through 2020.

SEC. 6003. EFFECT OF SUBTITLE.[edit]

Nothing in this subtitle affects the applicability of any Federal, State, or local law with respect to any watershed group.

Subtitle B—Competitive Status for Federal Employees in Alaska[edit]

SEC. 6101. COMPETITIVE STATUS FOR CERTAIN FEDERAL EMPLOYEES IN THE STATE OF ALASKA.[edit]

Section 1308 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3198) is amended by adding at the end the following:
`(e) Competitive Status-
`(1) IN GENERAL- Nothing in subsection (a) provides that any person hired pursuant to the program established under that subsection is not eligible for competitive status in the same manner as any other employee hired as part of the competitive service.
`(2) REDESIGNATION OF CERTAIN POSITIONS-
`(A) PERSONS SERVING IN ORIGINAL POSITIONS- Not later than 60 days after the date of enactment of this subsection, with respect to any person hired into a permanent position pursuant to the program established under subsection (a) who is serving in that position as of the date of enactment of this subsection, the Secretary shall redesignate that position and the person serving in that position as having been part of the competitive service as of the date that the person was hired into that position.
`(B) PERSONS NO LONGER SERVING IN ORIGINAL POSITIONS- With respect to any person who was hired pursuant to the program established under subsection (a) that is no longer serving in that position as of the date of enactment of this subsection—
`(i) the person may provide to the Secretary a request for redesignation of the service as part of the competitive service that includes evidence of the employment; and
`(ii) not later than 90 days of the submission of a request under clause (i), the Secretary shall redesignate the service of the person as being part of the competitive service.'.

Subtitle C—Wolf Livestock Loss Demonstration Project[edit]

SEC. 6201. DEFINITIONS.[edit]

In this subtitle:
(1) INDIAN TRIBE- The term `Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).
(2) LIVESTOCK- The term `livestock' means cattle, swine, horses, mules, sheep, goats, livestock guard animals, and other domestic animals, as determined by the Secretary.
(3) PROGRAM- The term `program' means the demonstration program established under section 6202(a).
(4) SECRETARIES- The term `Secretaries' means the Secretary of the Interior and the Secretary of Agriculture, acting jointly.

SEC. 6202. WOLF COMPENSATION AND PREVENTION PROGRAM.[edit]

(a) In General- The Secretaries shall establish a 5-year demonstration program to provide grants to States and Indian tribes—
(1) to assist livestock producers in undertaking proactive, non-lethal activities to reduce the risk of livestock loss due to predation by wolves; and
(2) to compensate livestock producers for livestock losses due to such predation.
(b) Criteria and Requirements- The Secretaries shall—
(1) establish criteria and requirements to implement the program; and
(2) when promulgating regulations to implement the program under paragraph (1), consult with States that have implemented State programs that provide assistance to—
(A) livestock producers to undertake proactive activities to reduce the risk of livestock loss due to predation by wolves; or
(B) provide compensation to livestock producers for livestock losses due to such predation.
(c) Eligibility- To be eligible to receive a grant under subsection (a), a State or Indian tribe shall—
(1) designate an appropriate agency of the State or Indian tribe to administer the 1 or more programs funded by the grant;
(2) establish 1 or more accounts to receive grant funds;
(3) maintain files of all claims received under programs funded by the grant, including supporting documentation;
(4) submit to the Secretary—
(A) annual reports that include—
(i) a summary of claims and expenditures under the program during the year; and
(ii) a description of any action taken on the claims; and
(B) such other reports as the Secretary may require to assist the Secretary in determining the effectiveness of activities provided assistance under this section; and
(5) promulgate rules for reimbursing livestock producers under the program.
(d) Allocation of Funding- The Secretaries shall allocate funding made available to carry out this subtitle—
(1) equally between the uses identified in paragraphs (1) and (2) of subsection (a); and
(2) among States and Indian tribes based on—
(A) the level of livestock predation in the State or on the land owned by, or held in trust for the benefit of, the Indian tribe;
(B) whether the State or Indian tribe is located in a geographical area that is at high risk for livestock predation; or
(C) any other factors that the Secretaries determine are appropriate.
(e) Eligible Land- Activities and losses described in subsection (a) may occur on Federal, State, or private land, or land owned by, or held in trust for the benefit of, an Indian tribe.
(f) Federal Cost Share- The Federal share of the cost of any activity provided assistance made available under this subtitle shall not exceed 50 percent of the total cost of the activity.

SEC. 6203. AUTHORIZATION OF APPROPRIATIONS.[edit]

There is authorized to be appropriated to carry out this subtitle $1,000,000 for fiscal year 2009 and each fiscal year thereafter.

Subtitle D—Paleontological Resources Preservation[edit]

SEC. 6301. DEFINITIONS.[edit]

In this subtitle:
(1) CASUAL COLLECTING- The term `casual collecting' means the collecting of a reasonable amount of common invertebrate and plant paleontological resources for non-commercial personal use, either by surface collection or the use of non-powered hand tools resulting in only negligible disturbance to the Earth's surface and other resources. As used in this paragraph, the terms `reasonable amount', `common invertebrate and plant paleontological resources' and `negligible disturbance' shall be determined by the Secretary.
(2) FEDERAL LAND- The term `Federal land' means—
(A) land controlled or administered by the Secretary of the Interior, except Indian land; or
(B) National Forest System land controlled or administered by the Secretary of Agriculture.
(3) INDIAN LAND- The term `Indian Land' means land of Indian tribes, or Indian individuals, which are either held in trust by the United States or subject to a restriction against alienation imposed by the United States.
(4) PALEONTOLOGICAL RESOURCE- The term `paleontological resource' means any fossilized remains, traces, or imprints of organisms, preserved in or on the earth's crust, that are of paleontological interest and that provide information about the history of life on earth, except that the term does not include—
(A) any materials associated with an archaeological resource (as defined in section 3(1) of the Archaeological Resources Protection Act of 1979 (16 U.S.C. 470bb(1)); or
(B) any cultural item (as defined in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001)).
(5) SECRETARY- The term `Secretary' means the Secretary of the Interior with respect to land controlled or administered by the Secretary of the Interior or the Secretary of Agriculture with respect to National Forest System land controlled or administered by the Secretary of Agriculture.
(6) STATE- The term `State' means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States.

SEC. 6302. MANAGEMENT.[edit]

(a) In General- The Secretary shall manage and protect paleontological resources on Federal land using scientific principles and expertise. The Secretary shall develop appropriate plans for inventory, monitoring, and the scientific and educational use of paleontological resources, in accordance with applicable agency laws, regulations, and policies. These plans shall emphasize interagency coordination and collaborative efforts where possible with non-Federal partners, the scientific community, and the general public.
(b) Coordination- To the extent possible, the Secretary of the Interior and the Secretary of Agriculture shall coordinate in the implementation of this subtitle.

SEC. 6303. PUBLIC AWARENESS AND EDUCATION PROGRAM.[edit]

The Secretary shall establish a program to increase public awareness about the significance of paleontological resources.

SEC. 6304. COLLECTION OF PALEONTOLOGICAL RESOURCES.[edit]

(a) Permit Requirement-
(1) IN GENERAL- Except as provided in this subtitle, a paleontological resource may not be collected from Federal land without a permit issued under this subtitle by the Secretary.
(2) CASUAL COLLECTING EXCEPTION- The Secretary shall allow casual collecting without a permit on Federal land controlled or administered by the Bureau of Land Management, the Bureau of Reclamation, and the Forest Service, where such collection is consistent with the laws governing the management of those Federal land and this subtitle.
(3) PREVIOUS PERMIT EXCEPTION- Nothing in this section shall affect a valid permit issued prior to the date of enactment of this Act.
(b) Criteria for Issuance of a Permit- The Secretary may issue a permit for the collection of a paleontological resource pursuant to an application if the Secretary determines that—
(1) the applicant is qualified to carry out the permitted activity;
(2) the permitted activity is undertaken for the purpose of furthering paleontological knowledge or for public education;
(3) the permitted activity is consistent with any management plan applicable to the Federal land concerned; and
(4) the proposed methods of collecting will not threaten significant natural or cultural resources.
(c) Permit Specifications- A permit for the collection of a paleontological resource issued under this section shall contain such terms and conditions as the Secretary deems necessary to carry out the purposes of this subtitle. Every permit shall include requirements that—
(1) the paleontological resource that is collected from Federal land under the permit will remain the property of the United States;
(2) the paleontological resource and copies of associated records will be preserved for the public in an approved repository, to be made available for scientific research and public education; and
(3) specific locality data will not be released by the permittee or repository without the written permission of the Secretary.
(d) Modification, Suspension, and Revocation of Permits-
(1) The Secretary may modify, suspend, or revoke a permit issued under this section—
(A) for resource, safety, or other management considerations; or
(B) when there is a violation of term or condition of a permit issued pursuant to this section.
(2) The permit shall be revoked if any person working under the authority of the permit is convicted under section 6306 or is assessed a civil penalty under section 6307.
(e) Area Closures- In order to protect paleontological or other resources or to provide for public safety, the Secretary may restrict access to or close areas under the Secretary's jurisdiction to the collection of paleontological resources.

SEC. 6305. CURATION OF RESOURCES.[edit]

Any paleontological resource, and any data and records associated with the resource, collected under a permit, shall be deposited in an approved repository. The Secretary may enter into agreements with non-Federal repositories regarding the curation of these resources, data, and records.

SEC. 6306. PROHIBITED ACTS; CRIMINAL PENALTIES.[edit]

(a) In General- A person may not—
(1) excavate, remove, damage, or otherwise alter or deface or attempt to excavate, remove, damage, or otherwise alter or deface any paleontological resources located on Federal land unless such activity is conducted in accordance with this subtitle;
(2) exchange, transport, export, receive, or offer to exchange, transport, export, or receive any paleontological resource if the person knew or should have known such resource to have been excavated or removed from Federal land in violation of any provisions, rule, regulation, law, ordinance, or permit in effect under Federal law, including this subtitle; or
(3) sell or purchase or offer to sell or purchase any paleontological resource if the person knew or should have known such resource to have been excavated, removed, sold, purchased, exchanged, transported, or received from Federal land.
(b) False Labeling Offenses- A person may not make or submit any false record, account, or label for, or any false identification of, any paleontological resource excavated or removed from Federal land.
(c) Penalties- A person who knowingly violates or counsels, procures, solicits, or employs another person to violate subsection (a) or (b) shall, upon conviction, be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both; but if the sum of the commercial and paleontological value of the paleontological resources involved and the cost of restoration and repair of such resources does not exceed $500, such person shall be fined in accordance with title 18, United States Code, or imprisoned not more than 2 years, or both.
(d) Multiple Offenses- In the case of a second or subsequent violation by the same person, the amount of the penalty assessed under subsection (c) may be doubled.
(e) General Exception- Nothing in subsection (a) shall apply to any person with respect to any paleontological resource which was in the lawful possession of such person prior to the date of enactment of this Act.

SEC. 6307. CIVIL PENALTIES.[edit]

(a) In General-
(1) HEARING- A person who violates any prohibition contained in an applicable regulation or permit issued under this subtitle may be assessed a penalty by the Secretary after the person is given notice and opportunity for a hearing with respect to the violation. Each violation shall be considered a separate offense for purposes of this section.
(2) AMOUNT OF PENALTY- The amount of such penalty assessed under paragraph (1) shall be determined under regulations promulgated pursuant to this subtitle, taking into account the following factors:
(A) The scientific or fair market value, whichever is greater, of the paleontological resource involved, as determined by the Secretary.
(B) The cost of response, restoration, and repair of the resource and the paleontological site involved.
(C) Any other factors considered relevant by the Secretary assessing the penalty.
(3) MULTIPLE OFFENSES- In the case of a second or subsequent violation by the same person, the amount of a penalty assessed under paragraph (2) may be doubled.
(4) LIMITATION- The amount of any penalty assessed under this subsection for any 1 violation shall not exceed an amount equal to double the cost of response, restoration, and repair of resources and paleontological site damage plus double the scientific or fair market value of resources destroyed or not recovered.
(b) Petition for Judicial Review; Collection of Unpaid Assessments-
(1) JUDICIAL REVIEW- Any person against whom an order is issued assessing a penalty under subsection (a) may file a petition for judicial review of the order in the United States District Court for the District of Columbia or in the district in which the violation is alleged to have occurred within the 30-day period beginning on the date the order making the assessment was issued. Upon notice of such filing, the Secretary shall promptly file such a certified copy of the record on which the order was issued. The court shall hear the action on the record made before the Secretary and shall sustain the action if it is supported by substantial evidence on the record considered as a whole.
(2) FAILURE TO PAY- If any person fails to pay a penalty under this section within 30 days—
(A) after the order making assessment has become final and the person has not filed a petition for judicial review of the order in accordance with paragraph (1); or
(B) after a court in an action brought in paragraph (1) has entered a final judgment upholding the assessment of the penalty, the Secretary may request the Attorney General to institute a civil action in a district court of the United States for any district in which the person if found, resides, or transacts business, to collect the penalty (plus interest at currently prevailing rates from the date of the final order or the date of the final judgment, as the case may be). The district court shall have jurisdiction to hear and decide any such action. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. Any person who fails to pay on a timely basis the amount of an assessment of a civil penalty as described in the first sentence of this paragraph shall be required to pay, in addition to such amount and interest, attorneys fees and costs for collection proceedings.
(c) Hearings- Hearings held during proceedings instituted under subsection (a) shall be conducted in accordance with section 554 of title 5, United States Code.
(d) Use of Recovered Amounts- Penalties collected under this section shall be available to the Secretary and without further appropriation may be used only as follows:
(1) To protect, restore, or repair the paleontological resources and sites which were the subject of the action, and to protect, monitor, and study the resources and sites.
(2) To provide educational materials to the public about paleontological resources and sites.
(3) To provide for the payment of rewards as provided in section 6308.

SEC. 6308. REWARDS AND FORFEITURE.[edit]

(a) Rewards- The Secretary may pay from penalties collected under section 6306 or 6307 or from appropriated funds—
(1) consistent with amounts established in regulations by the Secretary; or
(2) if no such regulation exists, an amount up to 1/2 of the penalties, to any person who furnishes information which leads to the finding of a civil violation, or the conviction of criminal violation, with respect to which the penalty was paid. If several persons provided the information, the amount shall be divided among the persons. No officer or employee of the United States or of any State or local government who furnishes information or renders service in the performance of his official duties shall be eligible for payment under this subsection.
(b) Forfeiture- All paleontological resources with respect to which a violation under section 6306 or 6307 occurred and which are in the possession of any person, shall be subject to civil forfeiture, or upon conviction, to criminal forfeiture.
(c) Transfer of Seized Resources- The Secretary may transfer administration of seized paleontological resources to Federal or non-Federal educational institutions to be used for scientific or educational purposes.

SEC. 6309. CONFIDENTIALITY.[edit]

Information concerning the nature and specific location of a paleontological resource shall be exempt from disclosure under section 552 of title 5, United States Code, and any other law unless the Secretary determines that disclosure would—
(1) further the purposes of this subtitle;
(2) not create risk of harm to or theft or destruction of the resource or the site containing the resource; and
(3) be in accordance with other applicable laws.

SEC. 6310. REGULATIONS.[edit]

As soon as practical after the date of enactment of this Act, the Secretary shall issue such regulations as are appropriate to carry out this subtitle, providing opportunities for public notice and comment.

SEC. 6311. SAVINGS PROVISIONS.[edit]

Nothing in this subtitle shall be construed to—
(1) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under the general mining laws, the mineral or geothermal leasing laws, laws providing for minerals materials disposal, or laws providing for the management or regulation of the activities authorized by the aforementioned laws including but not limited to the Federal Land Policy Management Act (43 U.S.C. 1701-1784), Public Law 94-429 (commonly known as the `Mining in the Parks Act') (16 U.S.C. 1901 et seq.), the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1201-1358), and the Organic Administration Act (16 U.S.C. 478, 482, 551);
(2) invalidate, modify, or impose any additional restrictions or permitting requirements on any activities permitted at any time under existing laws and authorities relating to reclamation and multiple uses of Federal land;
(3) apply to, or require a permit for, casual collecting of a rock, mineral, or invertebrate or plant fossil that is not protected under this subtitle;
(4) affect any land other than Federal land or affect the lawful recovery, collection, or sale of paleontological resources from land other than Federal land;
(5) alter or diminish the authority of a Federal agency under any other law to provide protection for paleontological resources on Federal land in addition to the protection provided under this subtitle; or
(6) create any right, privilege, benefit, or entitlement for any person who is not an officer or employee of the United States acting in that capacity. No person who is not an officer or employee of the United States acting in that capacity shall have standing to file any civil action in a court of the United States to enforce any provision or amendment made by this subtitle.

SEC. 6312. AUTHORIZATION OF APPROPRIATIONS.[edit]

There are authorized to be appropriated such sums as may be necessary to carry out this subtitle.

Subtitle E—Izembek National Wildlife Refuge Land Exchange[edit]

SEC. 6401. DEFINITIONS.[edit]

In this subtitle:
(1) CORPORATION- The term `Corporation' means the King Cove Corporation.
(2) FEDERAL LAND- The term `Federal land' means—
(A) the approximately 206 acres of Federal land located within the Refuge, as generally depicted on the map; and
(B) the approximately 1,600 acres of Federal land located on Sitkinak Island, as generally depicted on the map.
(3) MAP- The term `map' means each of—
(A) the map entitled `Izembek and Alaska Peninsula National Wildlife Refuges' and dated September 2, 2008; and
(B) the map entitled `Sitkinak Island-Alaska Maritime National Wildlife Refuge' and dated September 2, 2008.
(4) NON-FEDERAL LAND- The term `non-Federal land' means—
(A) the approximately 43,093 acres of land owned by the State, as generally depicted on the map; and
(B) the approximately 13,300 acres of land owned by the Corporation (including approximately 5,430 acres of land for which the Corporation shall relinquish the selection rights of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) as part of the land exchange under section 6402(a)), as generally depicted on the map.
(5) REFUGE- The term `Refuge' means the Izembek National Wildlife Refuge.
(6) SECRETARY- The term `Secretary' means the Secretary of the Interior.
(7) STATE- The term `State' means the State of Alaska.
(8) TRIBE- The term `Tribe' means the Agdaagux Tribe of King Cove, Alaska.

SEC. 6402. LAND EXCHANGE.[edit]

(a) In General- Upon receipt of notification by the State and the Corporation of the intention of the State and the Corporation to exchange the non-Federal land for the Federal land, subject to the conditions and requirements described in this subtitle, the Secretary may convey to the State all right, title, and interest of the United States in and to the Federal land. The Federal land within the Refuge shall be transferred for the purpose of constructing a single-lane gravel road between the communities of King Cove and Cold Bay, Alaska.
(b) Compliance With National Environmental Policy Act of 1969 and Other Applicable Laws-
(1) IN GENERAL- In determining whether to carry out the land exchange under subsection (a), the Secretary shall—
(A) comply with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) except as provided in subsection (c), comply with any other applicable law (including regulations).
(2) ENVIRONMENTAL IMPACT STATEMENT-
(A) IN GENERAL- Not later than 60 days after the date on which the Secretary receives notification under subsection (a), the Secretary shall initiate the preparation of an environmental impact statement required under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(B) REQUIREMENTS- The environmental impact statement prepared under subparagraph (A) shall contain—
(i) an analysis of—
(I) the proposed land exchange; and
(II) the potential construction and operation of a road between the communities of King Cove and Cold Bay, Alaska; and
(ii) an evaluation of a specific road corridor through the Refuge that is identified in consultation with the State, the City of King Cove, Alaska, and the Tribe.
(3) COOPERATING AGENCIES-
(A) IN GENERAL- During the preparation of the environmental impact statement under paragraph (2), each entity described in subparagraph (B) may participate as a cooperating agency.
(B) AUTHORIZED ENTITIES- An authorized entity may include—
(i) any Federal agency that has permitting jurisdiction over the road described in paragraph (2)(B)(i)(II);
(ii) the State;
(iii) the Aleutians East Borough of the State;
(iv) the City of King Cove, Alaska;
(v) the Tribe; and
(vi) the Alaska Migratory Bird Co-Management Council.
(c) Valuation- The conveyance of the Federal land and non-Federal land under this section shall not be subject to any requirement under any Federal law (including regulations) relating to the valuation, appraisal, or equalization of land.
(d) Public Interest Determination-
(1) CONDITIONS FOR LAND EXCHANGE- Subject to paragraph (2), to carry out the land exchange under subsection (a), the Secretary shall determine that the land exchange (including the construction of a road between the City of King Cove, Alaska, and the Cold Bay Airport) is in the public interest.
(2) LIMITATION OF AUTHORITY OF SECRETARY- The Secretary may not, as a condition for a finding that the land exchange is in the public interest—
(A) require the State or the Corporation to convey additional land to the United States; or
(B) impose any restriction on the subsistence uses (as defined in section 803 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3113)) of waterfowl by rural residents of the State.
(e) Kinzaroff Lagoon- The land exchange under subsection (a) shall not be carried out before the date on which the parcel of land owned by the State that is located in the Kinzaroff Lagoon has been designated by the State as a State refuge, in accordance with the applicable laws (including regulations) of the State.
(f) Designation of Road Corridor- In designating the road corridor described in subsection (b)(2)(B)(ii), the Secretary shall—
(1) minimize the adverse impact of the road corridor on the Refuge;
(2) transfer the minimum acreage of Federal land that is required for the construction of the road corridor; and
(3) to the maximum extent practicable, incorporate into the road corridor roads that are in existence as of the date of enactment of this Act.
(g) Additional Terms and Conditions- The land exchange under subsection (a) shall be subject to any other term or condition that the Secretary determines to be necessary.

SEC. 6403. KING COVE ROAD.[edit]

(a) Requirements Relating to Use, Barrier Cables, and Dimensions-
(1) LIMITATIONS ON USE-
(A) IN GENERAL- Except as provided in subparagraph (B), any portion of the road constructed on the Federal land conveyed pursuant to this subtitle shall be used primarily for health and safety purposes (including access to and from the Cold Bay Airport) and only for noncommercial purposes.
(B) EXCEPTIONS- Notwithstanding subparagraph (A), the use of taxis, commercial vans for public transportation, and shared rides (other than organized transportation of employees to a business or other commercial facility) shall be allowed on the road described in subparagraph (A).
(C) REQUIREMENT OF AGREEMENT- The limitations of the use of the road described in this paragraph shall be enforced in accordance with an agreement entered into between the Secretary and the State.
(2) REQUIREMENT OF BARRIER CABLE- The road described in paragraph (1)(A) shall be constructed to include a cable barrier on each side of the road, as described in the record of decision entitled `Mitigation Measure MM-11, King Cove Access Project Final Environmental Impact Statement Record of Decision' and dated January 22, 2004, unless a different type barrier is required as a mitigation measure in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2).
(3) REQUIRED DIMENSIONS AND DESIGN FEATURES- The road described in paragraph (1)(A) shall—
(A) have a width of not greater than a single lane, in accordance with the applicable road standards of the State;
(B) be constructed with gravel;
(C) be constructed to comply with any specific design features identified in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) as Mitigation Measures relative to the passage and migration of wildlife, and also the exchange of tidal flows, where applicable, in accordance with applicable Federal and State design standards; and
(D) if determined to be necessary, be constructed to include appropriate safety pullouts.
(b) Support Facilities- Support facilities for the road described in subsection (a)(1)(A) shall not be located within the Refuge.
(c) Federal Permits- It is the intent of Congress that any Federal permit required for construction of the road be issued or denied not later than 1 year after the date of application for the permit.
(d) Applicable Law- Nothing in this section amends, or modifies the application of, section 1110 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3170).
(e) Mitigation Plan-
(1) IN GENERAL- Based on the evaluation of impacts determined through the completion of the environmental impact statement under section 6402(b)(2), the Secretary, in consultation with the entities described in section 6402(b)(3)(B), shall develop an enforceable mitigation plan.
(2) CORRECTIVE MODIFICATIONS- The Secretary may make corrective modifications to the mitigation plan developed under paragraph (1) if—
(A) the mitigation standards required under the mitigation plan are maintained; and
(B) the Secretary provides an opportunity for public comment with respect to any proposed corrective modification.
(3) AVOIDANCE OF WILDLIFE IMPACTS- Road construction shall adhere to any specific mitigation measures included in the Record of Decision for Final Environmental Impact Statement required in section 6402(b)(2) that—
(A) identify critical periods during the calendar year when the refuge is utilized by wildlife, especially migratory birds; and
(B) include specific mandatory strategies to alter, limit or halt construction activities during identified high risk periods in order to minimize impacts to wildlife, and
(C) allow for the timely construction of the road.
(4) MITIGATION OF WETLAND LOSS- The plan developed under this subsection shall comply with section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) with regard to minimizing, to the greatest extent practicable, the filling, fragmentation or loss of wetlands, especially intertidal wetlands, and shall evaluate mitigating effect of those wetlands transferred in Federal ownership under the provisions of this subtitle.

SEC. 6404. ADMINISTRATION OF CONVEYED LANDS.[edit]

(1) FEDERAL LAND- Upon completion of the land exchange under section 6402(a)—
(A) the boundary of the land designated as wilderness within the Refuge shall be modified to exclude the Federal land conveyed to the State under the land exchange; and
(B) the Federal land located on Sitkinak Island that is withdrawn for use by the Coast Guard shall, at the request of the State, be transferred by the Secretary to the State upon the relinquishment or termination of the withdrawal.
(2) NON-FEDERAL LAND- Upon completion of the land exchange under section 6402(a), the non-Federal land conveyed to the United States under this subtitle shall be—
(A) added to the Refuge or the Alaska Peninsula National Wildlife Refuge, as appropriate, as generally depicted on the map; and
(B) administered in accordance with the laws generally applicable to units of the National Wildlife Refuge System.
(3) WILDERNESS ADDITIONS-
(A) IN GENERAL- Upon completion of the land exchange under section 6402(a), approximately 43,093 acres of land as generally depicted on the map shall be added to—
(i) the Izembek National Wildlife Refuge Wilderness; or
(ii) the Alaska Peninsula National Wildlife Refuge Wilderness.
(B) ADMINISTRATION- The land added as wilderness under subparagraph (A) shall be administered by the Secretary in accordance with the Wilderness Act (16 U.S.C. 1131 et seq.) and other applicable laws (including regulations).

SEC. 6405. FAILURE TO BEGIN ROAD CONSTRUCTION.[edit]

(a) Notification To Void Land Exchange- If the Secretary, the State, and the Corporation enter into the land exchange authorized under section 6402(a), the State or the Corporation may notify the Secretary in writing of the intention of the State or Corporation to void the exchange if construction of the road through the Refuge has not begun.
(b) Disposition of Land Exchange- Upon the latter of the date on which the Secretary receives a request under subsection (a), and the date on which the Secretary determines that the Federal land conveyed under the land exchange under section 6402(a) has not been adversely impacted (other than any nominal impact associated with the preparation of an environmental impact statement under section 6402(b)(2)), the land exchange shall be null and void.
(c) Return of Prior Ownership Status of Federal and Non-Federal Land- If the land exchange is voided under subsection (b)—
(1) the Federal land and non-Federal land shall be returned to the respective ownership status of each land prior to the land exchange;
(2) the parcel of the Federal land that is located in the Refuge shall be managed as part of the Izembek National Wildlife Refuge Wilderness; and
(3) each selection of the Corporation under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) that was relinquished under this subtitle shall be reinstated.

SEC. 6406. EXPIRATION OF LEGISLATIVE AUTHORITY.[edit]

(a) In General- Any legislative authority for construction of a road shall expire at the end of the 7-year period beginning on the date of the enactment of this subtitle unless a construction permit has been issued during that period.
(b) Extension of Authority- If a construction permit is issued within the allotted period, the 7-year authority shall be extended for a period of 5 additional years beginning on the date of issuance of the construction permit.
(c) Extension of Authority as Result of Legal Challenges-
(1) IN GENERAL- Prior to the issuance of a construction permit, if a lawsuit or administrative appeal is filed challenging the land exchange or construction of the road (including a challenge to the NEPA process, decisions, or any required permit process required to complete construction of the road), the 7-year deadline or the five-year extension period, as appropriate, shall be extended for a time period equivalent to the time consumed by the full adjudication of the legal challenge or related administrative process.
(2) INJUNCTION- After a construction permit has been issued, if a court issues an injunction against construction of the road, the 7-year deadline or 5-year extension, as appropriate, shall be extended for a time period equivalent to time period that the injunction is in effect.
(d) Applicability of Section 6405- Upon the expiration of the legislative authority under this section, if a road has not been constructed, the land exchange shall be null and void and the land ownership shall revert to the respective ownership status prior to the land exchange as provided in section 6405.