Sec. 3164. MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, WASHINGTON AND IDAHO
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## SEC. 3164 MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, WASHINGTON AND IDAHO **[**[16 U.S.C. 668dd note](/us/usc/t16/s668dd)**]** ###
(a)Transfer of Administrative Jurisdiction Administrative jurisdiction over the land acquired for the McNary Lock and Dam project and managed by the United States Fish and Wildlife Service under cooperative agreement number DACW68–4–00–13 with the Corps of Engineers, Walla Walla District, is transferred from the Secretary to the Secretary of the Interior. ###
(b)Easements The transfer of administrative jurisdiction under paragraph
(1)shall be subject to easements in existence as of the date of enactment of this Act on land subject to the transfer. ###
(c)Rights of Secretary ####
(1)In general Except as provided in subparagraph (C), the Secretary shall retain rights described in subparagraph
(B)with respect to the land for which administrative jurisdiction is transferred under paragraph (1). ####
(2)Rights The rights of the Secretary referred to in paragraph
(1)are the rights— #####
(A)to flood land described in subsection
(a)to the standard project flood elevation; #####
(B)to manipulate the level of the McNary project pool; #####
(C)to access land described in subsection
(a)as may be required to install, maintain, and inspect sediment ranges and carry out similar activities; #####
(D)to construct and develop wetland, riparian habitat, or other environmental restoration features authorized by section 1135 of the Water Resources Development Act of 1986 (33 U.S.C. 2309a) and section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330); #####
(E)to dredge and deposit fill materials; and #####
(F)to carry out management actions for the purpose of reducing the take of juvenile salmonids by avian colonies that inhabit, before, on, or after the date of enactment of this Act, any island included in the land described in subsection (a). ####
(3)Coordination Before exercising a right described in any of subparagraphs
(C)through
(F)of paragraph (2), the Secretary shall coordinate the exercise with the Director of the United States Fish and Wildlife Service. ###
(d)Management ####
(1)In general The land described in subsection
(a)shall be managed by the Secretary of the Interior as part of the McNary National Wildlife Refuge. ####
(2)Cummins property #####
(A)Retention of credits Habitat unit credits described in the memorandum entitled “Design Memorandum No. 6, LOWER SNAKE RIVER FISH AND WILDLIFE COMPENSATION PLAN, Wildlife Compensation and Fishing Access Site Selection, Letter Supplement No. 15, SITE DEVELOPMENT PLAN FOR THE WALLULA HMU” provided for the Lower Snake River Fish and Wildlife Compensation Plan through development of the parcel of land formerly known as the “Cummins property” shall be retained by the Secretary despite any changes in management of the parcel on or after the date of enactment of this Act. #####
(B)Site development plan The Director shall obtain prior approval of the Washington State department of fish and wildlife for any change to the previously approved site development plan for the parcel of land formerly known as the “Cummins property”. ####
(3)Madame dorian recreation area The Director shall continue operation of the Madame Dorian Recreation Area for public use and boater access. ###
(e)Administrative Costs The Director shall be responsible for all survey, environmental compliance, and other administrative costs required to implement the transfer of administrative jurisdiction under subsection (a).
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Sec. 3164
MCNARY LOCK AND DAM, MCNARY NATIONAL WILDLIFE REFUGE, WASHINGTON AND IDAHO
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