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In the House of Representatives, U. S., December 6, 2006. Resolved, That the bill from the Senate (S. 1829) enti- tled ‘‘An Act to repeal certain sections of the Act of May 26, 1936, pertaining to the Virgin Islands’’, do pass with the fol- lowing AMENDMENTS: Strike out all after the enacting clause and insert: TITLE I—SACRAMENTO-SAN 1 JOAQUIN DELTA 2 SEC. 101. CALIFORNIA DELTA SUBVENTION. 3 (a) AUTHORITY.—The Secretary of the Interior, acting 4 through the Commissioner of Reclamation, shall deposit 5 within 30 days of receipt, all funds under this title into 6 the Fund established by Cal. Water Code section 12300(a), 7 to be used for project reimbursement under Cal. Water Code 8 section 12300(b)(1), as in effect before July 1, 2006. 9 (b) ADMINISTRATIVE COSTS.—The Bureau of Rec- 10 lamation may use not more than 1 percent of appropriated 11 funds to cover administrative and overhead costs. 12 (c) AUTHORIZATION OF APPROPRIATIONS.—There are 13 authorized to carry out this section $10,000,000 for each 14 2 •S 1829 EAH of fiscal years 2007 through 2012. Any amounts expended 1 under this subsection shall be considered to be nonreimburs- 2 able Federal expenditures. 3 TITLE II—NATIONAL HISTORIC 4 PRESERVATION ACT AMEND- 5 MENTS 6 SEC. 201. SHORT TITLE. 7 This title may be cited as the ‘‘National Historic Pres- 8 ervation Act Amendments of 2006’’. 9 SEC. 202. HISTORIC PRESERVATION OFFICER RESPONSIBIL- 10 ITIES. 11 Section 101(b) of the National Historic Preservation 12 Act (16 U.S.C. 470a(b)) is amended by adding at the end 13 the following: 14 ‘‘(7) The State Historic Preservation Officer 15 shall have no authority to require an applicant for 16 Federal assistance, permit, or license to identify his- 17 toric properties outside the undertaking’s area of po- 18 tential effects as determined by the Federal agency in 19 accordance with the regulations implementing section 20 106. 21 ‘‘(8) If the State Historic Preservation Officer, 22 Tribal representative, or Tribal Historic Preservation 23 Officer fails to respond within 30 days after an ade- 24 quately documented finding of ‘no historic properties 25 3 •S 1829 EAH affected’ or ‘no adverse effect’ as provided in the regu- 1 lations implementing section 106, the Federal agency 2 may assume that the State Historic Preservation Of- 3 ficer or Tribal Historic Preservation Officer has no 4 objection to the finding.’’. 5 SEC. 203. ADDITIONAL CRITERIA FOR CERTIFICATION OF 6 LOCAL GOVERNMENTS TO CARRY OUT NA- 7 TIONAL HISTORIC PRESERVATION ACT. 8 Section 101(c)(1) of the National Historic Preserva- 9 tion Act (16 U.S.C. 470a(c)(1)) is amended— 10 (1) by striking ‘‘and’’ at the end of subpara- 11 graph (D); 12 (2) by redesignating subparagraph (E) as sub- 13 paragraph (F); 14 (3) by inserting after subparagraph (D) the fol- 15 lowing new subparagraph: 16 ‘‘(E) agrees that it shall not use any eligi- 17 bility determination regarding the inclusion of 18 any property or District on the National Reg- 19 ister to initiate local regulatory requirements 20 unless the entity provides full due process protec- 21 tion to the owner or owners of the property or 22 District through a hearing process; and’’; and 23 (4) in the matter below the subparagraphs, by 24 striking ‘‘through (E)’’ and inserting ‘‘through (F)’’. 25 4 •S 1829 EAH SEC. 204. HISTORIC PRESERVATION FUND. 1 Section 108 of the National Historic Preservation Act 2 (16 U.S.C. 470h) is amended by striking ‘‘2005’’ and insert- 3 ing ‘‘2015’’. 4 SEC. 205. ADVISORY COUNCIL ON HISTORIC PRESERVA- 5 TION. 6 (a) MEMBERSHIP.—Section 201 of the National His- 7 toric Preservation Act (16 U.S.C. 470i) is amended— 8 (1) in subsection (a)(4), by striking ‘‘four’’ and 9 inserting ‘‘seven’’; 10 (2) in subsection (b), by striking ‘‘(5) and (6)’’ 11 and inserting ‘‘paragraph (6)’’; and 12 (3) in subsection (f), by striking ‘‘Nine’’ and in- 13 serting ‘‘Eleven’’. 14 (b) FINANCIAL AND ADMINISTRATIVE SERVICES.—Sec- 15 tion 205(f) of such Act (16 U.S.C. 470m(f)) is amended to 16 read as follows: 17 ‘‘(f) Financial and administrative services (including 18 those related to budgeting, accounting, financial reporting, 19 personnel and procurement) shall be provided the Council 20 by the Department of the Interior or, at the discretion of 21 the Council, such other agency or private entity that reaches 22 an agreement with the Council, for which payments shall 23 be made in advance or by reimbursement from funds of the 24 Council in such amounts as may be agreed upon by the 25 Chairman of the Council and the head of the agency or, 26 5 •S 1829 EAH in the case of a private entity, the authorized representative 1 of the private entity that will provide the services. When 2 a Federal agency affords such services, the regulations of 3 that agency for the collection of indebtedness of personnel 4 resulting from erroneous payments, prescribed under sec- 5 tion 5514(b) of title 5, United States Code, shall apply to 6 the collection of erroneous payments made to or on behalf 7 of a Council employee, and regulations of that agency for 8 the administrative control of funds under sections 1513(d) 9 and 1514 of title 31, United States Code, shall apply to 10 appropriations of the Council. The Council shall not be re- 11 quired to prescribe such regulations.’’. 12 (c) AUTHORIZATION OF APPROPRIATIONS.—Section 13 212(a) of the Act (16 U.S.C. 470t(a)) is amended by strik- 14 ing ‘‘for purposes of this title not to exceed $4,000,000 for 15 each fiscal year 1997 through 2005’’ and inserting ‘‘such 16 amounts as may be necessary to carry out this title’’. 17 SEC. 206. EFFECTIVENESS OF FEDERAL GRANT AND ASSIST- 18 ANCE PROGRAMS IN MEETING PURPOSES 19 AND POLICIES OF THE NATIONAL HISTORIC 20 PRESERVATION ACT. 21 The National Historic Preservation Act is amended by 22 inserting after section 215 (16 U.S.C. 470v–1) the following 23 new section: 24 6 •S 1829 EAH ‘‘SEC. 216. EFFECTIVENESS OF FEDERAL GRANT AND AS- 1 SISTANCE PROGRAMS. 2 ‘‘(a) COOPERATIVE AGREEMENTS.—The Council may 3 enter into a cooperative agreement with any Federal agency 4 that administers a grant or assistance program for the pur- 5 pose of improving the effectiveness of the administration of 6 such program in meeting the purposes and policies of this 7 Act. Such cooperative agreements may include provisions 8 that modify the selection criteria for a grant or assistance 9 program to further the purposes of this Act or that allow 10 the Council to participate in the selection of recipients, if 11 such provisions are not inconsistent with the statutory au- 12 thorization and purpose of the grant or assistance program. 13 ‘‘(b) REVIEW OF GRANT AND ASSISTANCE PRO- 14 GRAMS.—The council may— 15 ‘‘(1) review the operation of any Federal grant 16 or assistance program to evaluate the effectiveness of 17 such program in meeting the purposes and policies of 18 this Act; 19 ‘‘(2) make recommendations to the head of the 20 Federal agency that administers such program to fur- 21 ther the consistency of the program with the purposes 22 and policies of this Act and to improve its effective- 23 ness in carrying out those purposes and policies; and 24 ‘‘(3) make recommendations to the President and 25 the Congress regarding the effectiveness of Federal 26 7 •S 1829 EAH grant and assistance programs in meeting the pur- 1 poses and policies of this Act, including recommenda- 2 tions with regard to appropriate funding levels.’’. 3 TITLE III—REPEAL OF CERTAIN 4 LAWS PERTAINING TO THE 5 VIRGIN ISLANDS 6 SEC. 301. REPEAL OF CERTAIN LAWS PERTAINING TO THE 7 VIRGIN ISLANDS. 8 (a) REPEAL.—Sections 1 through 6 of the Act of May 9 26, 1936 (Chapter 450; 49 Stat. 1372–1373; 48 U.S.C. 10 1401–1401e), are repealed. 11 (b) EFFECTIVE DATE.—This section shall be deemed 12 to have taken effect on July 22, 1954. 13 TITLE IV—NATIONAL PARK SYS- 14 TEM SPECIAL RESOURCE 15 STUDY, NEWTONIA CIVIL WAR 16 BATTLEFIELDS, MISSOURI 17 SEC. 401. NATIONAL PARK SYSTEM SPECIAL RESOURCE 18 STUDY, NEWTONIA CIVIL WAR BATTLEFIELDS, 19 MISSOURI. 20 (a) SPECIAL RESOURCE STUDY.—The Secretary of the 21 Interior shall conduct a special resource study relating to 22 the First Battle of Newtonia in Newton County, Missouri, 23 which occurred on September 30, 1862, and the Second Bat- 24 tle of Newtonia, which occurred on October 28, 1864, during 25 8 •S 1829 EAH the Missouri Expedition of Confederate General Sterling 1 Price in September and October 1864. 2 (b) CONTENTS.—In conducting the study under sub- 3 section (a), the Secretary shall— 4 (1) evaluate the national significance of the 5 Newtonia battlefields and their related sites; 6 (2) consider the findings and recommendations 7 contained in the document entitled ‘‘Vision Plan for 8 Newtonia Battlefield Preservation’’ and dated June 9 2004, which was prepared by the Newtonia Battle- 10 fields Protection Association; 11 (3) evaluate the suitability and feasibility of 12 adding the battlefields and related sites as part of 13 Wilson’s Creek National Battlefield or designating the 14 battlefields and related sites as a unit of the National 15 Park System; 16 (4) analyze the potential impact that the inclu- 17 sion of the battlefields and related sites as part of 18 Wilson’s Creek National Battlefield or their designa- 19 tion as a unit of the National Park System is likely 20 to have on land within or bordering the battlefields 21 and related sites that is privately owned at the time 22 of the study is conducted; 23 (5) consider alternatives for preservation, protec- 24 tion, and interpretation of the battlefields and related 25 9 •S 1829 EAH sites by the National Park Service, other Federal, 1 State, or local governmental entities, or private and 2 nonprofit organizations; and 3 (6) identify cost estimates for any necessary ac- 4 quisition, development, interpretation, operation, and 5 maintenance associated with the alternatives referred 6 to in paragraph (5). 7 (c) CRITERIA.—The criteria for the study of areas for 8 potential inclusion in the National Park System contained 9 in section 8 of Public Law 91–383 (16 U.S.C. 1a–5) shall 10 apply to the study under subsection (a). 11 (d) TRANSMISSION TO CONGRESS.—Not later than 12 three years after the date on which funds are first made 13 available for the study under subsection (a), the Secretary 14 shall submit to the Committee on Resources of the House 15 of Representatives and the Committee on Energy and Nat- 16 ural Resources of the Senate a report containing— 17 (1) the results of the study; and 18 (2) any conclusions and recommendations of the 19 Secretary. 20 10 •S 1829 EAH Amend the title so as to read ‘‘An Act to repeal cer- tain sections of the Act of May 26, 1936, pertaining to the Virgin Islands, and for other purposes.’’. Attest: Clerk. 109TH CONGRESS 2D SESSION S. 1829 AMENDMENTS