Page:United States Statutes at Large Volume 123.djvu/743

 123STA T .7 23 PUBLIC LA W 111 –8—M A R .11, 2 0 0 9orbyp r ivate i nsu ran c e .I nnocases h a l l the S ecretary m a k e pay - ments un d er this section that w ould result in payment o f hourly fees in e x cess of the hi g hest hourly rate approved by the D istrict C ourt for the District of Columbia for counsel in Cobell v. K empthorne. S EC . 108 . T he U nited States F ish and W ildlife Service shall , in carrying out its responsibilities to protect threatened and endan- gered species of salmon, implement a system of mass marking of salmonid stocks, intended for harvest, that are released from federally operated or federally financed hatcheries including but not limited to fish releases of coho, chinook, and steelhead species. M arked fish must have a visible mark that can be readily identified by commercial and recreational fishers. SEC. 10 9 . N o funds appropriated for the Department of the Interior by this A ct or any other Act shall be used to study or implement any plan to drain L ake P owell or to reduce the water level of the lake below the range of water levels re q uired for the operation of the G len Canyon Dam. SEC. 110. Notwithstanding any other provision of law, the Secretary of the Interior is authori z ed to acquire lands, waters, or interests therein including the use of all or part of any pier, dock, or landing within the State of New Y ork and the State of New J ersey, for the purpose of operating and maintaining facili- ties in the support of transportation and accommodation of visitors to E llis, Governors, and Liberty Islands, and of other program and administrative activities, by donation or with appropriated funds, including franchise fees ( and other monetary consideration ) , or by exchange and the Secretary is authorized to negotiate and enter into leases, subleases, concession contracts or other agree- ments for the use of such facilities on such terms and conditions as the Secretary may determine reasonable. SEC. 111. Title 43 U.S.C. 14 7 3, as amended by Public Law 110 – 1 6 1, is further amended by deleting the phrase ‘ ‘in fiscal year 2 008 only ’ ’ and inserting in lieu thereof ‘‘in fiscal years 2008 and 2009 only’’. SEC. 112. No funds appropriated or otherwise made available to the Department of the Interior may be used, in relation to any proposal to store water for the purpose of export, for approval of any right-of-way or similar authorization on the Mo j ave National Preserve or lands managed by the Needles Field O ffice of the B ureau of Land Management, or for carrying out any activities associated with such right-of-way or similar approval. SEC. 113. The Secretary of the Interior may enter into coopera- tive agreements with a State or political subdivision (including any agency thereof), or any not-for-profit organization if the agree- ment will (1) serve a mutual interest of the parties to the agreement in carrying out the programs administered by the Department of the Interior; and (2) all parties will contribute resources to the accomplishment of these objectives. At the discretion of the Secretary, such agreements shall not be subject to a competitive process. SEC. 114. Funds provided in this Act for Federal land acquisi- tion by the National Park Service for Shenandoah V alley Battle- fields National H istoric District and Ice Age National Scenic Trail may be used for a grant to a State, a local government, or any other land management entity for the acquisition of lands without regard to any restriction on the use of Federal land acquisition NewYork. New J er s e y . C o nt r ac ts. S a lm on.