Omnibus Public Land Management Act of 2009/Title XIII

SEC. 13001. MANAGEMENT AND DISTRIBUTION OF NORTH DAKOTA TRUST FUNDS.

(a) North Dakota Trust Funds.—

The Act of February 22, 1889 (25 Stat. 676, chapter 180), is amended by adding at the end the following:

``SEC. 26. NORTH DAKOTA TRUST FUNDS.

``(a) Disposition— Notwithstanding section 11, the State of North Dakota shall, with respect to any trust fund in which proceeds from the sale of public land are deposited under this Act (referred to in this section as the ``trust fund´´)—

``(1) deposit all revenues earned by a trust fund into the trust fund;

``(2) deduct the costs of administering a trust fund from each trust fund; and

``(3) manage each trust fund to—

``(A) preserve the purchasing power of the trust fund; and

``(B) maintain stable distributions to trust fund beneficiaries.

``(b) Distributions— Notwithstanding section 11, any distributions from trust funds in the State of North Dakota shall be made in accordance with section 2 of article IX of the Constitution of the State of North Dakota.

``(c) Management of Proceeds— Notwithstanding section 13, the State of North Dakota shall manage the proceeds referred to in that section in accordance with subsections (a) and (b).

``(d) Management of Land and Proceeds— Notwithstanding sections 14 and 16, the State of North Dakota shall manage the land granted under that section, including any proceeds from the land, and make distributions in accordance with subsections (a) and (b).´´.

(b) Management and Distribution of Morrill Act Grants.—

The Act of July 2, 1862 (commonly known as the ``First Morrill Act´´) (7 U.S.C. 301 et seq.), is amended by adding at the end the following:

``SEC. 9. LAND GRANTS IN THE STATE OF NORTH DAKOTA.

``(a) Expenses— Notwithstanding section 3, the State of North Dakota shall manage the land granted to the State under the first section, including any proceeds from the land, in accordance with this section.

``(b) Disposition of Proceeds— Notwithstanding section 4, the State of North Dakota shall, with respect to any trust fund in which proceeds from the sale of land under this Act are deposited (referred to in this section as the ``trust fund´´)—

``(1) deposit all revenues earned by a trust fund into the trust fund;

``(2) deduct the costs of administering a trust fund from each trust fund; and

``(3) manage each trust fund to—

``(A) preserve the purchasing power of the trust fund; and

``(B) maintain stable distributions to trust fund beneficiaries.

``(c) Distributions— Notwithstanding section 4, any distributions from trust funds in the State of North Dakota shall be made in accordance with section 2 of article IX of the Constitution of the State of North Dakota.

``(d) Management— Notwithstanding section 5, the State of North Dakota shall manage the land granted under the first section, including any proceeds from the land, in accordance with this section.´´.

(c) Consent of Congress.—

Effective July 1, 2009, Congress consents to the amendments to the Constitution of North Dakota proposed by House Concurrent Resolution No. 3037 of the 59th Legislature of the State of North Dakota entitled ``A concurrent resolution for the amendment of sections 1 and 2 of article IX of the Constitution of North Dakota, relating to distributions from and the management of the common schools trust fund and the trust funds of other educational or charitable institutions; and to provide a contingent effective date´´ and approved by the voters of the State of North Dakota on November 7, 2006.

SEC. 13002. AMENDMENTS TO THE FISHERIES RESTORATION AND IRRIGATION MITIGATION ACT OF 2000.

(a) Priority Projects.—

Section 3(c)(3) of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended by striking ``$5,000,000´´ and inserting ``$2,500,000´´.

(b) Cost Sharing.—

Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended—

(1) by striking ``The value´´ and inserting the following:

``(1) IN GENERAL— The value´´; and

(2) by adding at the end the following:

``(2) BONNEVILLE POWER ADMINISTRATION—

``(A) IN GENERAL— The Secretary may, without further appropriation and without fiscal year limitation, accept any amounts provided to the Secretary by the Administrator of the Bonneville Power Administration.

``(B) NON-FEDERAL SHARE— Any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a project carried under the Program shall be credited toward the non-Federal share of the costs of the project.´´.

(c) Report.—

Section 9 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended—

(1) by inserting ``any´´ before ``amounts are made´´; and

(2) by inserting after ``Secretary shall´´ the following: ``, after partnering with local governmental entities and the States in the Pacific Ocean drainage area,´´.

(d) Authorization of Appropriations.—

Section 10 of the Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106-502) is amended—

(1) in subsection (a), by striking ``2001 through 2005´´ and inserting ``2009 through 2015´´; and

(2) in subsection (b), by striking paragraph (2) and inserting the following:

``(2) ADMINISTRATIVE EXPENSES—

``(A) DEFINITION OF ADMINISTRATIVE EXPENSE— In this paragraph, the term ``administrative expense´´ means, except as provided in subparagraph (B)(iii)(II), any expenditure relating to—

``(i) staffing and overhead, such as the rental of office space and the acquisition of office equipment; and

``(ii) the review, processing, and provision of applications for funding under the Program.

``(B) LIMITATION—

``(i) IN GENERAL— Not more than 6 percent of amounts made available to carry out this Act for each fiscal year may be used for Federal and State administrative expenses of carrying out this Act.

``(ii) FEDERAL AND STATE SHARES— To the maximum extent practicable, of the amounts made available for administrative expenses under clause (i)—

``(I) 50 percent shall be provided to the State agencies provided assistance under the Program; and

``(II) an amount equal to the cost of 1 full-time equivalent Federal employee, as determined by the Secretary, shall be provided to the Federal agency carrying out the Program.

``(iii) STATE EXPENSES— Amounts made available to States for administrative expenses under clause (i)—

``(I) shall be divided evenly among all States provided assistance under the Program; and

``(II) may be used by a State to provide technical assistance relating to the program, including any staffing expenditures (including staff travel expenses) associated with—

``(aa) arranging meetings to promote the Program to potential applicants;

``(bb) assisting applicants with the preparation of applications for funding under the Program; and

``(cc) visiting construction sites to provide technical assistance, if requested by the applicant.´´.

SEC. 13003. AMENDMENTS TO THE ALASKA NATURAL GAS PIPELINE ACT.

Section 107(a) of the Alaska Natural Gas Pipeline Act (15 U.S.C. 720e(a)) is amended by striking paragraph (3) and inserting the following:

``(3) the validity of any determination, permit, approval, authorization, review, or other related action taken under any provision of law relating to a gas transportation project constructed and operated in accordance with section 103, including—

``(A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ``Administrative Procedure Act´´);

``(B) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);

``(C) the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);

``(D) the National Historic Preservation Act (16 U.S.C. 470 et seq.); and

``(E) the Alaska National Interest Lands Conservation Act (16 U.S.C. 3101 et seq.).´´.

SEC. 13004. ADDITIONAL ASSISTANT SECRETARY FOR DEPARTMENT OF ENERGY.

(a) In General.—

Section 203(a) of the Department of Energy Organization Act (42 U.S.C. 7133(a)) is amended in the first sentence by striking ``7 Assistant Secretaries´´ and inserting ``8 Assistant Secretaries´´.

(b) Conforming Amendment—

Section 5315 of title 5, United States Code, is amended by striking ``Assistant Secretaries of Energy (7)´´ and inserting ``Assistant Secretaries of Energy (8)´´.

SEC. 13005. LOVELACE RESPIRATORY RESEARCH INSTITUTE.

(a) Definitions.—

In this section:

(1) INSTITUTE.—

The term ``Institute´´ means the Lovelace Respiratory Research Institute, a nonprofit organization chartered under the laws of the State of New Mexico.

(2) MAP.—

The term ``map´´ means the map entitled ``Lovelace Respiratory Research Institute Land Conveyance´´ and dated March 18, 2008.

(3) SECRETARY CONCERNED.—

The term ``Secretary concerned´´ means—

(A) the Secretary of Energy, with respect to matters concerning the Department of Energy;

(B) the Secretary of the Interior, with respect to matters concerning the Department of the Interior; and

(C) the Secretary of the Air Force, with respect to matters concerning the Department of the Air Force.

(4) SECRETARY OF ENERGY.—

The term ``Secretary of Energy´´ means the Secretary of Energy, acting through the Administrator for the National Nuclear Security Administration.

(b) Conveyance of Land.—

(1) IN GENERAL.—

Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) and subject to valid existing rights and this section, the Secretary of Energy, in consultation with the Secretary of the Interior and the Secretary of the Air Force, may convey to the Institute, on behalf of the United States, all right, title, and interest of the United States in and to the parcel of land described in paragraph (2) for research, scientific, or educational use.

(2) DESCRIPTION OF LAND.—

The parcel of land referred to in paragraph (1)—

(A) is the approximately 135 acres of land identified as ``Parcel A´´ on the map;

(B) includes any improvements to the land described in subparagraph (A); and

(C) excludes any portion of the utility system and infrastructure reserved by the Secretary of the Air Force under paragraph (4).

(3) OTHER FEDERAL AGENCIES.—

The Secretary of the Interior and the Secretary of the Air Force shall complete any real property actions, including the revocation of any Federal withdrawals of the parcel conveyed under paragraph (1) and the parcel described in subsection (c)(1), that are necessary to allow the Secretary of Energy to—

(A) convey the parcel under paragraph (1); or

(B) transfer administrative jurisdiction under subsection (c).

(4) RESERVATION OF UTILITY INFRASTRUCTURE AND ACCESS.—

The Secretary of the Air Force may retain ownership and control of—

(A) any portions of the utility system and infrastructure located on the parcel conveyed under paragraph (1); and

(B) any rights of access determined to be necessary by the Secretary of the Air Force to operate and maintain the utilities on the parcel.

(5) RESTRICTIONS ON USE.—

(A) AUTHORIZED USES.—

The Institute shall allow only research, scientific, or educational uses of the parcel conveyed under paragraph (1).

(B) REVERSION.—

(i) IN GENERAL.—

If, at any time, the Secretary of Energy, in consultation with the Secretary of the Air Force, determines, in accordance with clause (ii), that the parcel conveyed under paragraph (1) is not being used for a purpose described in subparagraph (A)—

(I) all right, title, and interest in and to the entire parcel, or any portion of the parcel not being used for the purposes, shall revert, at the option of the Secretary, to the United States; and

(II) the United States shall have the right of immediate entry onto the parcel.

(ii) REQUIREMENTS FOR DETERMINATION.—

Any determination of the Secretary under clause (i) shall be made on the record and after an opportunity for a hearing.

(6) COSTS.—

(A) IN GENERAL.—

The Secretary of Energy shall require the Institute to pay, or reimburse the Secretary concerned, for any costs incurred by the Secretary concerned in carrying out the conveyance under paragraph (1), including any survey costs related to the conveyance.

(B) REFUND.—

If the Secretary concerned collects amounts under subparagraph (A) from the Institute before the Secretary concerned incurs the actual costs, and the amount collected exceeds the actual costs incurred by the Secretary concerned to carry out the conveyance, the Secretary concerned shall refund to the Institute an amount equal to difference between—

(i) the amount collected by the Secretary concerned; and

(ii) the actual costs incurred by the Secretary concerned.

(C) DEPOSIT IN FUND.—

(i) IN GENERAL.—

Amounts received by the United States under this paragraph as a reimbursement or recovery of costs incurred by the Secretary concerned to carry out the conveyance under paragraph (1) shall be deposited in the fund or account that was used to cover the costs incurred by the Secretary concerned in carrying out the conveyance.

(ii) USE.—

Any amounts deposited under clause (i) shall be available for the same purposes, and subject to the same conditions and limitations, as any other amounts in the fund or account.

(7) CONTAMINATED LAND.—

In consideration for the conveyance of the parcel under paragraph (1), the Institute shall—

(A) take fee title to the parcel and any improvements to the parcel, as contaminated;

(B) be responsible for undertaking and completing all environmental remediation required at, in, under, from, or on the parcel for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents, in the same manner and to the same extent as required by law applicable to privately owned facilities, regardless of the date of the contamination or the responsible party;

(C) indemnify the United States for—

(i) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate the parcel; or

(ii) contamination at, in, under, from, or on the land, for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents;

(D) indemnify, defend, and hold harmless the United States from any damages, costs, expenses, liabilities, fines, penalties, claim, or demand for loss, including claims for property damage, personal injury, or death resulting from releases, discharges, emissions, spills, storage, disposal, or any other acts or omissions by the Institute and any officers, agents, employees, contractors, sublessees, licensees, successors, assigns, or invitees of the Institute arising from activities conducted, on or after October 1, 1996, on the parcel conveyed under paragraph (1); and

(E) reimburse the United States for all legal and attorney fees, costs, and expenses incurred in association with the defense of any claims described in subparagraph (D).

(8) CONTINGENT ENVIRONMENTAL RESPONSE OBLIGATIONS.—

If the Institute does not undertake or complete environmental remediation as required by paragraph (7) and the United States is required to assume the responsibilities of the remediation, the Secretary of Energy shall be responsible for conducting any necessary environmental remediation or response actions with respect to the parcel conveyed under paragraph (1).

(9) NO ADDITIONAL COMPENSATION.—

Except as otherwise provided in this section, no additional consideration shall be required for conveyance of the parcel to the Institute under paragraph (1).

(10) ACCESS AND UTILITIES.—

On conveyance of the parcel under paragraph (1), the Secretary of the Air Force shall, on behalf of the United States and subject to any terms and conditions as the Secretary determines to be necessary (including conditions providing for the reimbursement of costs), provide the Institute with—

(A) access for employees and invitees of the Institute across Kirtland Air Force Base to the parcel conveyed under that paragraph; and

(B) access to utility services for the land and any improvements to the land conveyed under that paragraph.

(11) ADDITIONAL TERM AND CONDITIONS.—

The Secretary of Energy, in consultation with the Secretary of the Interior and Secretary of the Air Force, may require any additional terms and conditions for the conveyance under paragraph (1) that the Secretaries determine to be appropriate to protect the interests of the United States.

(c) Transfer of Administrative Jurisdiction.—

(1) IN GENERAL.—

After the conveyance under subsection (b)(1) has been completed, the Secretary of Energy shall, on request of the Secretary of the Air Force, transfer to the Secretary of the Air Force administrative jurisdiction over the parcel of approximately 7 acres of land identified as ``Parcel B´´ on the map, including any improvements to the parcel.

(2) REMOVAL OF IMPROVEMENTS.—

In concurrence with the transfer under paragraph (1), the Secretary of Energy shall, on request of the Secretary of the Air Force, arrange and pay for removal of any improvements to the parcel transferred under that paragraph.

SEC. 13006. AUTHORIZATION OF APPROPRIATIONS FOR NATIONAL TROPICAL BOTANICAL GARDEN.

Chapter 1535 of title 36, United States Code, is amended by adding at the end the following:

``Sec. 153514. Authorization of Appropriations

``(a) In General— Subject to subsection (b), there is authorized to be appropriated to the corporation for operation and maintenance expenses $500,000 for each of fiscal years 2008 through 2017.

``(b) Limitation— Any Federal funds made available under subsection (a) shall be matched on a 1-to-1 basis by non-Federal funds.´´.