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[Congressional Record: December 15, 2000 (House)]
[Page H12253-H12303]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]
[DOCID:cr15de00-42]
[[pp. H12253-H12303]] CONFERENCE REPORT ON H.R. 4577, DEPARTMENTS OF LABOR, HEALTH AND HUMAN
SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2001
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MISCELLANEOUS APPROPRIATIONS
The conference agreement would enact the provisions of H.R.
5666 as introduced on December 15, 2000. The text of that
bill follows: A BILL Making miscellaneous appropriations for
the fiscal year ending September 30, 2001, and for other
purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year
ending September 30, 2001, and for other purposes namely:
DIVISION A
CHAPTER 1
GENERAL PROVISIONS--THIS CHAPTER
Sec. 101. The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2001, is amended--
(1) In title III, under the heading ``Rural Utilities
Service, Rural Electrification and Telecommunications Loans
Program Account'', after ``per year'' insert ``: Provided
further, That not more than $100,000 shall be available for
guarantees of private sector loans''.
(2) In title III, at the end of the first proviso under the
``Rural Housing Assistance Grants'' account, insert ``in
Mississippi and Alaska''.
(3) In section 724, by striking ``to Hispanic-serving
institutions'' and all that follows through ``maintained by
such institutions'' and inserting ``to eligible grantees
specified in subsection (d)(3) of that section'';
(4) In title VIII, under the heading ``Rural Community
Advancement Program'', by striking ``January 1, 2001'' and
inserting ``January 1, 2000'';
(5) In section 806, by inserting ``: Provided further, That
of the funds made available by this section, the Secretary
shall transfer $5,000,000 to the State of Alabama to be used
in conjunction with the program administered by the Alabama
Department of Agriculture and Industries: Provided further,
That of the funds made available by this section, the
Secretary shall transfer not more than $300,000 to the State
of Montana for transportation needs associated with emergency
haying and feeding: Provided further, That of the funds made
available by this section, the Secretary shall use not more
than $2,000,000 to carry out a program for income losses
sustained before April 30, 2001, by individuals who raise
poultry owned by other individuals as a result of Poult
Enteritis Mortality Syndrome control programs, as determined
by the Secretary'' after ``American Indian Livestock Feed
Program'';
(6) In section 815(d)(3), by inserting ``affected'' after
``all'';
(7) In section 830, by striking ``Section 401'' and
inserting ``Title IV''.
(8) In section 843, by striking ``were unable to market the
crops'' and all that follows through ``in this section:'' and
inserting ``suffered a loss because of the insolvency of an
agriculture cooperative in the State of California: Provided,
That the amount of a payment made to a producer under this
section shall not exceed 50 percent of the loss referred to
in this section:'';
(9) In section 844--
(A) in the section heading, by inserting ``, FLUE-CURED,
AND CIGAR BINDER TYPE 54-55'' after ``BURLEY''; and
(B) in subsection (a)--
(i) in paragraph (1)--
(I) by inserting ``, without further cost to the
association,'' after ``settle''; and
(II) by inserting ``, Flue-cured, or Cigar Binder Type 54-
55'' after ``Burley'' each place it appears;
(ii) in paragraph (2)(B), by inserting ``, Flue-cured,
Cigar Binder Type 54-55,'' after ``Burley''; and
(iii) in paragraph (3), by striking subparagraph (A) and
inserting the following:
``(A) counted for the purpose of determining the Burley,
Flue-cured, or Cigar Binder Type 54-55 tobacco quota or
allotment for any year under part I of subtitle B of title
III of the Agricultural Adjustment Act of 1938 (7 U.S.C. 1311
et seq.); or'';
(10) Notwithstanding any other provision of law, section
204(b)(10)(B) of Public Law 106-224 shall not be effective
until July 1, 2001; and
(11) The effective date of this section is the date of
enactment of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act,
2001.
Sec. 102. The second sentence of section 520 of the Housing
Act of 1949 (42 U.S.C. 1490) is amended by striking ``1990
decennial census'' and inserting ``1990 or 2000 decennial
census'', and by striking ``year 2000'' and inserting ``year
2010''.
Sec. 103. The Secretary of Agriculture, in collaboration
with the Secretaries of Energy and Interior, shall undertake
a study of the feasibility of including ethanol, biodiesel,
and other bio-based fuels as part of the Strategic Petroleum
Reserve. This study shall include a review of legislative and
regulatory changes needed to allow this inclusion, and those
elements necessary to design and implement such a program,
including cost. The Secretary shall provide this study to the
House and Senate Appropriations Committees by February 15,
2001.
Sec. 104. Notwithstanding section 730 of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2000 (Public Law 106-78), the
City of Wilson, North Carolina, shall be eligible in fiscal
year 2001 for the community facility loan guarantee program
under section 306(a)(1) of the Consolidated Farm and Rural
Development Act.
Sec. 105. Title VIII of the Agriculture, Rural Development,
Food and Drug Administration, and Related Agencies
Appropriations Act, 2001, is amended by inserting at the end
the following new section:
``Sec. 778. Notwithstanding section 723 of this Act or any
other provision of law, there are hereby appropriated
$26,000,000, to remain available until expended, for the
program authorized under section 334 of the Federal
Agriculture Improvement and Reform Act of 1996: Provided,
That the entire amount shall be available only to the extent
an official budget request for $26,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.''.
Sec. 106. In carrying out the bovine tuberculosis
eradication program covered by the Secretary of Agriculture's
emergency declaration effective as of October 11, 2000, the
Secretary of Agriculture shall pay 100 percent of the amounts
of approved claims for materials affected by or exposed to
bovine tuberculosis, and of approved claims growing out of
the destruction of animals: Provided, That in calculating the
net present value of the future income portion of any claim,
the Secretary shall use a discount rate of 7 percent:
Provided further, That the entire amount necessary to carry
out this section shall be available only to the extent that
an official budget request for the entire amount, that
includes designation of the entire amount of the request as
an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Sec. 107. Section 820(b) of the Agriculture, Rural
Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2001, is amended by striking
``of 1996'' and inserting the following: ``of 1996, and for
the Farmland Protection Program established under section 388
of the Federal Agriculture Improvement and Reform Act of
1996''.
Sec. 108. For an additional amount for the United States
Department of Agriculture, Office of the General Counsel,
$500,000: Provided, That the entire amount shall be available
only to the extent an official budget request for $500,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Sec. 109. For an additional amount for Grain Inspection,
Packers and Stockyards Administration, Salaries and Expenses,
$200,000: Provided, That the entire amount shall be available
only to the extent an official budget request for $200,000,
that includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That the entire amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)
of such Act.
Sec. 110. Notwithstanding any other provision of law, the
Natural Resources Conservation Service may provide financial
and technical assistance to the Hamakua Ditch project in
Hawaii from funds available for the Emergency Watershed
Program, not to exceed $3,000,000.
CHAPTER 2
DEPARTMENT OF JUSTICE
Federal Prison System
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'',
$500,000, to remain available until expended: Provided, That
these funds are to be expended by the National Institute of
Corrections (NIC) for a comprehensive assessment of medical
care and incidents of inmate mortality in the Wisconsin State
Prison System.
Office of Justice Programs
Justice Assistance
For an additional amount for ``Justice Assistance'',
$300,000, to remain available until expended: Provided, That
these funds are to be expended to expand the collection of
data on prisoner deaths while in law enforcement custody.
Community Oriented Policing Services
For an additional amount for ``Community Oriented Policing
Services'', $3,080,000, to remain available until expended,
of which $1,880,000 shall be for a grant to the Pasadena,
California, Police Department for equipment; of which
$200,000 shall be for a grant to the City of Signal Hill,
California, for equipment and technology for an emergency
operations center; and of which $1,000,000 shall be for a
grant to the State of Alabama Department of Forensic
Sciences for equipment.
Juvenile Justice Programs
For an additional amount for ``Juvenile Justice Programs'',
$1,000,000, to remain available until expended, for a grant
to Mobile County, Alabama, for a juvenile court network
program.
General Provisions
Sec. 201. Chapter 2 of title II of division B of Public Law
106-246 (114 Stat. 542) is amended in the matter immediately
under the first heading--
(1) by inserting, ``(or the state, in the case of New
Mexico)'' before ``only''; and
(2) by inserting, ``detention costs,'' after ``court
costs,''.
Sec. 202. For an additional amount under the heading
``United States Attorneys, Salaries and
[[Page H12260]]
Expenses'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 2001, $10,000,000 for the State of Texas and $2,000,000
for the State of Arizona, to reimburse county and municipal
governments only for Federal costs associated with the
handling and processing of illegal immigration and drug and
alien smuggling cases, such reimbursements being limited to
court costs, detention costs, courtroom technology, the
building of holding spaces, administrative staff, and
indigent defense costs.
Sec. 203. In addition to amounts appropriated under the
heading ``State and Local Law Enforcement Assistance, Office
of Justice Programs'' in the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2001, $9,000,000 is for an award to the
Alliance of Boys & Girls of South Carolina for the
establishment of the Strom Thurmond Boys & Girls Club
National Training Center.
Sec. 204. In addition to any amounts made available for
``State and Local Law Enforcement Assistance'' within the
Department of Justice, $500,000 shall be made available only
for the New Hampshire Department of Safety to investigate and
support the prosecution of violations of federal trucking
laws.
Sec. 205. In addition to other amounts made available for
the COPS technology program of the Department of Justice,
$4,000,000 shall be available to the State of South Dakota to
establish a regional radio system to facilitate
communications between Federal, State, and local law
enforcement agencies, firefighting agencies, and other
emergency services agencies.
DEPARTMENT OF COMMERCE
Economic and Statistical Analysis
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$200,000, to remain available until expended, for the
establishment of satellite accounts for the travel and
tourism industry.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'', $750,000, to remain available until expended,
for a study by the National Academy of Sciences pursuant to
H.R. 2090, as passed by the House of Representatives on
September 12, 2000.
General Provisions
Sec. 206. The Departments of Commerce, Justice, and State,
the Judiciary, and Related Agencies Appropriations Act, 2001,
as enacted by section 1(a)(2) of the Act entitled ``An Act
making appropriations for the government of the District of
Columbia and other activities chargeable in whole or in part
against revenues of said District for the fiscal year ending
September 30, 2001, and for other purposes'' is amended by
inserting before the period at the end of the paragraph under
the heading ``National Oceanic and Atmospheric
Administration, Operations, Research, and Facilities'' the
following new proviso: ``: Provided further, That, of the
amounts made available for the National Marine Fisheries
Service under this heading, $10,000,000 shall be available
only for research regarding litigation concerning the Alaska
Steller sea lion and Bering Sea/Aleutian Islands and Gulf of
Alaska groundfish fisheries, of which $6,000,000 shall be
available only for the Office of Oceanic and Atmospheric
Research to study the impact of ocean climate shifts on the
North Pacific and Bering Sea fish and marine mammal species
composition, of which $2,000,000 shall be available only for
the National Ocean Service to study predator/prey
relationships as they relate to the decline of the western
population of Steller sea lions, and of which $2,000,000
shall be available only for the North Pacific Fishery
Management Council for an independent analysis of Steller sea
lion science and other work related to such litigation''.
Sec. 207. (a) In addition to amounts appropriated or
otherwise made available under the heading ``Operations,
Research, and Facilities, National Oceanic and Atmospheric
Administration'' in the Departments of Commerce, Justice, and
State, the Judiciary, and Related Agencies Appropriations
Act, 2001, $7,500,000 is appropriated for disaster assistance
for communities affected by the 2000 western Alaska salmon
disaster for which the Secretary of Commerce declared a
fishery failure under section 312(a) of the Magnuson Stevens
Fisheries Conservation and Management Act.
(b) Funds appropriated by this section shall be made
available as direct lump sum payments no later than 30 days
after the date of enactment of this Act, as follows:
$3,500,000 to the Tanana Chiefs Conference, $3,500,000 to the
Association of Village Council Presidents, and $500,000 to
Kawerak.
(c) Such funds shall be used to provide personal assistance
with priority given to (1) food, (2) energy needs, (3)
housing assistance, (4) transportation fuel including for
subsistence activities, and (5) other urgent community needs.
(d) Not more than 5 percent of such funds may be used for
administrative expenses.
(e) The President of the Tanana Chiefs Conference, the
President of the Association of Village Council Presidents,
and the President of Kawerak shall disburse all funds no
later than May 1, 2000 and shall submit a report to the
Secretary of Commerce detailing the expenditure of funds,
including the number of persons and households served and the
amount of administrative costs, by the end of the fiscal
year.
Sec. 208. In addition to amounts appropriated or otherwise
made available by this or any other Act, $3,000,000 is
appropriated to enable the Secretary of Commerce to provide
economic assistance to fishermen and fishing communities
affected by federal closures and fishing restrictions in the
Hawaii long line fishery, to remain available until expended.
Sec. 209. Implementation of Steller Sea Lion Protective
Measures.--
(a) Findings.--The Congress finds that--
(1) the western population of Steller sea lions has
substantially declined over the last twenty-five years.
(2) scientists should closely research and analyze all
possible factors relating to such decline, including the
possible interactions between commercial fishing and Steller
sea lions and the localized depletion hypothesis;
(3) the authority to manage commercial fishing in federal
waters lies with the regional councils and the Secretary of
Commerce (hereafter in this section ``Secretary'') pursuant
to the Magnuson-Stevens Fishery Conservation and Management
Act (hereafter in this section ``Magnuson-Stevens Act''); and
(4) the Secretary of Commerce shall comply with the
Magnuson-Stevens Act when using fishery management plans and
regulations to implement the decisions made pursuant to
findings under the Endangered Species Act, and shall utilize
the processes and procedures of the regional fishery
management councils as required by the Magnuson-Stevens Act.
(b) Independent Scientific Review.--The North Pacific
Fishery Management Council (hereafter in this section ``North
Pacific Council) shall utilize the expertise of the National
Academy of Sciences to conduct an independent scientific
review of the November 30, 2000 Biological Opinion for the
Bering Sea/Aleutian Islands and Gulf of Alaska groundfish
fisheries (hereafter in this section ``Biological Opinion''),
its underlying hypothesis, and the Reasonable and Prudent
Alternatives (hereafter in this section ``Alternatives'')
contained therein. The Secretary shall cooperate with the
independent scientific review, and the National Academy of
Sciences is requested to give its highest priority to this
review.
(c) Preparation of Fishery Management Plans and Regulations
To Implement Protective Measures in the November 30, 2000
Biological Opinion.--
(1) The Secretary of Commerce shall submit to the North
Pacific Council proposed conservation and management measures
to implement the Alternatives contained in the November 30,
2000 Biological Opinion for the Bering Sea/Aleutian Islands
and Gulf of Alaska groundfish fisheries. The North Pacific
Council shall prepare and transmit to the Secretary a fishery
management plan amendment or amendments to implement such
Alternatives that are consistent with the Magnuson-Stevens
Act (including requirements in such Act relating to best
available science, bycatch reduction, impacting on fishing
communities, the safety of life at sea, and public comment
and hearings.)
(2) The Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in a manner consistent
with the Alternatives contained in the Biological Opinion,
except as otherwise provided in this section. The
Alternatives shall become fully effective no later than
January 1, 2002, as revised if necessary and appropriate
based on the independent scientific review referred to in
subsection (b) and other new information, and shall be phased
in in 2001 as described in paragraph (3).
(3) The 2001 Bering Sea/Aleutian Islands and Gulf of Alaska
groundfish fisheries shall be managed in accordance with the
fishery management plan and federal regulations in effect for
such fisheries prior to July 15, 2000, including--
(A) conservative total allowable catch levels;
(B) no entry zones within three miles of rookeries;
(C) restricted harvest levels near rookeries and haul-outs;
(D) federally-trained observers;
(E) spatial and temporal harvest restrictions;
(F) federally-mandated bycatch reduction programs; and
(G) additional conservation benefits provided through
cooperative fishing arrangements,
and said regulations are hereby restored to full force and
effect.
(4) The Secretary shall amend these regulations by January
20, 2001, after consultation with the North Pacific Council
and in a manner consistent with all law, including the
Magnuson-Stevens Act, and consistent with the Alternatives to
the maximum extent practicable, subject to the other
provisions of this subsection.
(5) The harvest reduction requirement (``Global Control
Rule'') shall take effect immediately in any 2001 groundfish
fishery in which it applies, but shall not cause a reduction
in the total allowable catch of any fishery of more than ten
percent.
(6) In enforcing regulations for the 2001 fisheries, the
Secretary, upon recommendation of the North Pacific Council,
may open critical habitat where needed, adjust seasonal catch
levels, and take other measures as needed to ensure that
harvest levels are sufficient to provide income from these
fisheries for small boats and Alaskan on-shore processors
that is no less than in 1999.
(7) The regulations that are promulgated pursuant to
paragraph (4) shall not be modified in any way other than
upon recommendation of the North Pacific Council, before
March 15, 2001.
(d) Sea Lion Protection Measures.--$20,000,000 is hereby
appropriated to the Secretary of Commerce to remain available
until expended to develop and implement a coordinated,
comprehensive research and recovery program for the Steller
sea lion, which shall be designed to study--
(1) available prey species;
(2) predator/prey relationships;
(3) predation by other marine mammals;
(4) interactions between fisheries and Steller sea lions,
including the localized depletion theory;
[[Page H12261]]
(5) regime shift, climate change, and other impacts
associated with changing environmental conditions in the
North Pacific and Bering Sea;
(6) disease;
(7) juvenile and pup survival rates;
(8) population counts;
(9) nutritional stress;
(10) foreign commercial harvest of sealions outside the
exclusive economic zone;
(11) the residual impacts of former government-authorized
Steller sea lion eradication bounty programs; and
(12) the residual impacts of intentional lethal takes of
Steller sea lions. Within available funds the Secretary shall
implement on a pilot basis innovative non-lethal measures to
protect Steller sea lions from marine mammal predators
including killer whales,
(e) Economic Disaster Relief.--$30,000,000 is hereby
appropriated to the Secretary of Commerce to make available
as a direct payment to the Southwest Alaska Municipal
Conference to distribute to fishing communities, businesses,
community development quota groups, individuals, and other
entities to mitigate the economic losses caused by Steller
sea lion protection measures heretofore incurred; provided
that the President of such organization shall provide a
written report to the Secretary and the House and Senate
Appropriations Committee within six months of receipt of
these funds.
DEPARTMENT OF STATE AND RELATED AGENCY
General Provisions
Sec. 210. In addition to any amounts made available for
``Educational and Cultural Exchange Programs within the
Department of State'', $500,000 shall be made available only
for the Irish Institute.
Sec. 211. In addition to amounts appropriated under the
heading ``International Broadcasting Operations, Broadcasting
Board of Governors'' in the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations
Act, 2001, $10,000,000 to remain available until expended,
for increased broadcasting to Russia and surrounding areas,
and to China, by Radio Free Europe/Radio Liberty, Radio Free
Asia, and the Voice of America: Provided, That any amount of
such funds may be transferred to the ``Broadcasting Capital
Improvements'' account to carry out such purposes.
RELATED AGENCIES
Commission on Online Child Protection
For necessary expenses of the Commission on Online Child
Protection, $750,000, to remain available until expended.
Small Business Administration
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$1,000,000 shall be available for a grant to the Electronic
Commerce Resource Center in Scranton, Pennsylvania, to
establish an electronic commerce technology distribution
center.
General Provision
Sec. 212. For an additional amount for ``Small Business
Administration, Salaries and Expenses'' $1,000,000 shall be
made available only for a grant to the National Museum of
Jazz in New York, New York.
GENERAL PROVISION--THIS CHAPTER
Sec. 213. (a) The provisions of H.R. 5548 (as enacted into
law by H.R. 4942 of the 106th Congress) are amended as
follows:
(1) In title I, under the heading ``Salaries and Expenses,
United States Marshals Service'', by striking ``3,947'' and
inserting ``4,034''.
(2) In title I, by redesignating sections 114 through 119
as sections 113 through 118, respectively.
(3) In title II, under the heading ``National Oceanic and
Atmospheric Administration--Operations, Research, and
Facilities'', by striking ``$31,439,000'' and inserting
``$32,054,000''.
(4) In title II, under the heading ``National Oceanic and
Atmospheric Administration--Coastal and Ocean Activities''--
(A) by striking ``non-contiguous States except Hawaii'' and
inserting ``Alaska'';
(B) by striking ``Inc,'' and inserting ``Inc.,'';
(C) by striking ``scrup;'' and inserting ``scrub;''; and
(D) by striking ``watershed for lower Rouge River
restoration:'' and inserting ``watershed:''.
(5) In title IV, by striking section 406 and by
redesignating sections 407 and 408 as sections 406 and 407,
respectively.
(6) In title VI, by striking sections 635 and 636.
(7) In title IX, in the first proviso of section 901, by
striking ``, territory or an Indian Tribe'' and inserting
``or territory''.
(b) The amendments made by this section shall take effect
as if included in H.R. 4942 of the 106th Congress on the date
of its enactment.
CHAPTER 3
DEPARTMENT OF DEFENSE
General Provisions--This Chapter
Sec. 301. In the event that award of the full funding
contract for low-rate initial production of the F-22 aircraft
is delayed beyond December 31, 2000 because of inability to
complete the requirements specified in section 8124 of the
Department of Defense Appropriations Act, 2001 (Public Law
106-259), the Secretary of the Air Force may obligate up to
$353,000,000 of the funds appropriated in Title III of Public
Law 106-259 to continue F-22 Lot 1 (10 aircraft) advance
procurement to protect the supplier base and preserve program
costs and schedule.
Sec. 302. (a) Consistent with Executive Order Number 1733,
dated March 3, 1913, and notwithstanding section 303 of the
Alaska National Interest Lands Conservation Act, Public Law
96-487, or any other law, the Department of the Air Force
shall have primary jurisdiction, custody, and control over
Shemya Island and its appurtenant waters (including submerged
lands). In exercising such primary jurisdiction, custody, and
control, the Secretary of the Air Force may utilize and apply
such authorities as are generally applicable to a military
installation, base, camp, post, or station. Shemya Island and
its appurtenant waters (including submerged lands) shall
continue to be included within the Alaska Maritime National
Wildlife Refuge and the National Wildlife Refuge System and
the Secretary of the Interior shall have jurisdiction
secondary to that of the Department of the Air Force. Nothing
in this section shall prohibit the transfer of jurisdiction,
custody, and control over Shemya Island by the Department of
the Air Force to another military department. In the event
the military department exercising such primary jurisdiction,
custody, and control no longer has a need to exercise such
primary jurisdiction, custody, and control of Shemya Island
and its appurtenant waters (including submerged lands), such
jurisdiction, custody, and control shall terminate and the
Secretary of the Interior shall then exercise sole
jurisdiction, custody, and control over Shemya Island and its
appurtenant waters (including submerged lands) as part of the
Alaska Maritime National Wildlife Refuge.
(b) Any environmental contamination of Shemya Island caused
by a military department shall be the responsibility of that
military department and not the responsibility of the
Department of the Interior. Any money rentals received by a
military department from outgrants on Shemya Island will be
applied to the environmental restoration of the island in
accordance with 10 U.S.C. 2667.
(c) This section shall not be construed as altering any
existing property rights of the State of Alaska or any
private person.
(d) The military department exercising primary
jurisdiction, custody, and control over Shemya Island shall,
consistent with the accomplishment of the military mission
and subject to section 21 of the Internal Security Act of
1950, Public Law 81-831 (50 U.S.C. 797) (also known as the
Subversive Activities Control Act of 1950)--
(1) work with the United States Fish and Wildlife Service
to protect and conserve the wildlife and habitat on the
island; and
(2) grant access to Shemya Island and its appurtenant
waters to the United States Fish and Wildlife Service for the
purpose of management of the Alaska Maritime National
Wildlife Refuge.
Sec. 303. Within the funds appropriated for the Patriot
PAC-3 program under Title III of the Department of Defense
Appropriations Act, 2001 (Public Law 106-259), the Ballistic
Missile Defense Organization shall procure no less than 40
PAC-3 missiles.
Sec. 304. Section 8133 of Public Law 106-259 (114 Stat.
703) is amended by striking ``$300,000,000'' in the first
proviso and inserting ``$550,000,000''.
(transfer of funds)
Sec. 305. Of the total amount appropriated by title II of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259) for operation and maintenance for the armed
force or armed forces under the jurisdiction of the Secretary
of a military department, the Secretary of that military
department may transfer up to $2,000,000 to the central fund
established by the Secretary under section 2493(d) of title
10, United States Code, for funding Fisher Houses and Fisher
Suites. Amounts so transferred shall be merged with other
amounts in the central fund to which transferred and shall be
available without fiscal year limitation for the purposes for
which amounts in that fund are available.
Sec. 306. Funding for Certain Costs of Vessel Transfers.
There is hereby appropriated into the Defense Vessels
Transfer Program Account such sums as may be necessary for
the costs (as defined in section 502 of the Congressional
Budget Act of 1974 (2 U.S.C. 661a)) of the lease-sale
transfers authorized by the National Defense Authorization
Act, 2001. Funds in that account are available only for the
purpose of covering those costs.
Sec. 307. Of the total amount appropriated by title IV of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259) under the heading ``Research, Development, Test
and Evaluation, Defense-Wide'', not less than $5,000,000
shall be made available only for support of a Gulf War
illness research program at the University of Texas
Southwestern Medical Center.
(including transfer of funds)
Sec. 308. In addition to amounts appropriated for the
Department of Defense in the Department of Defense
Appropriations Act, 2001 (Public Law 106-259), $150,000,000
is hereby appropriated for ``Operation and Maintenance,
Navy'' and shall remain available until expended, only for
costs associated with the repair of the U.S.S. COLE:
Provided, That the Secretary of Defense may transfer these
funds to appropriations accounts for procurement: Provided
further, That the funds transferred shall be merged with and
shall be available for the same purposes and for the same
time period, as the appropriation to which transferred:
Provided further, That the transfer authority provided in
this section is in addition to any other transfer authority
available to the Department of Defense: Provided further,
That the welfare of the crew, and of the families of the
crew, of the U.S.S. COLE shall be considered in the Navy's
selection of the process and location for the repair of the
U.S.S. COLE: Provided further, That the entire amount made
available in this section is designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended.
Sec. 309. Notwithstanding any other provision of law, the
Administrator of the General Services Administration may
utilize funds available
[[Page H12262]]
to the National Science and Technology Council (authorized by
Executive Order No. 12881), or any successor entity to the
council, under section 635 of the Treasury and General
Government Appropriations Act, 2001 for payment of any
expenses of, and shall ensure that administrative services,
facilities, staff and other support are provided for, the
Commission on the Future of the United States Aerospace
Industry pursuant to section 1092(e)(1) of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (as enacted by section 1 of the Act to authorize
appropriations for fiscal year 2001 for military activities
of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to
prescribe personnel strengths for such fiscal year for the
Armed Forces, and for other purposes).
Sec. 310. In addition to funds provided elsewhere in this
Act, or in the Department of Defense Appropriations Act, 2001
(Public Law 106-259), $2,000,000 is hereby appropriated to
``Operation and Maintenance, Marine Corps'', only for
planning and National Environmental Protection Act
documentation for the proposed airfield and heliport at the
Marine Corps Air Ground Task Force Training Command.
(TRANSFER OF FUNDS)
Sec. 311. Of the funds made available in the Department of
Defense Appropriations Act, 2001 (Public Law 106-259), the
Secretary of the Air Force shall transfer $5,000,000 of the
funds provided for ``Operation and Maintenance, Air Force''
to the Secretary of the Interior for maintenance, protection,
or preservation of the land and interests in land described
in section 3 of the Minuteman Missile National Historic Site
Establishment Act of 1999 (Public Law 106-115; 113 Stat.
1540): Provided, That the transfer authority provided in this
section is in addition to any other transfer authority
available to the Department of Defense for fiscal year 2001.
Sec. 312. (a) The Secretary of the Air Force is authorized
to convey to the Roosevelt General Hospital, Portales, New
Mexico, without consideration, and without regard to title II
of the Federal Property and Administrative Services Act of
1949, all right, title, and interest of the United States in
any personal property of the Air Force that the Secretary
determines--
(1) is appropriate for use by the Roosevelt General
Hospital in the operation of that hospital; and
(2) is excess to the needs of the Air Force.
(b) The Secretary may require any additional terms and
conditions in connection with any conveyance under subsection
(a) that the Secretary considers appropriate to protect the
interests of the United States.
(INCLUDING TRANSFER OF FUNDS)
Sec. 313. In addition to amounts appropriated for the
Department of Defense in the Department of Defense
Appropriations Act, 2001 (Public Law 106-259), $100,000,000
is hereby appropriated for ``Overseas Contingency Operations
Transfer Fund'' and shall remain available until expended:
Provided, That the Secretary of Defense may transfer the
funds provided herein only to appropriations for military
personnel; operation and maintenance; procurement; research,
development, test and evaluation; and working capital funds:
Provided further, That the funds transferred shall be merged
with and shall be available for the same purposes and for the
same time period, as the appropriation to which transferred:
Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not
necessary for the purposes provided herein, such amounts may
be transferred back to this appropriation: Provided further,
That the transfer authority provided in this section is in
addition to any other transfer authority contained
elsewhere in this Act: Provided further, That funds
appropriated by this section, or made available by the
transfer of funds in this section, for intelligence
activities are deemed to be specifically authorized by the
Congress for the purposes of section 504 of the National
Security Act of 1947 (50 U.S.C. 414) during fiscal year
2001: Provided further, That the entire amount made
available in this section is designated by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)
of the Balanced Budget and Emergency Deficit Control Act
of 1985, as amended.
Sec. 314. Of the total amount appropriated by title IV of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259) under the heading ``Research, Development, Test
and Evaluation, Navy'', up to $3,000,000 shall be made
available to the Marine Corps to pursue research in
Nanotechnology for Consequence Management.
Sec. 315. Of the total amount appropriated by title IV of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259) under the heading ``Research, Development, Test
and Evaluation, Army'', not less than $1,500,000 shall be
made available only for installation of the Medical Area
Network for Virtual Technologies at Fort Detrick and Walter
Reed Army Hospital, and not less than $1,000,000 shall be
made available only to conduct a pilot study to determine the
feasibility of establishing a Department of Defense
Information Analysis Center for telemedicine.
Sec. 316. The Secretary of the Navy shall acquire 50 acres
of real property located on Reed Island, along the south
shore of the St. John's River across from Blount Island
Command, Jacksonville, Florida. The Secretary of the Navy
shall pay not more than the fair market value of the
property, to be determined pursuant to an appraisal
acceptable to the Secretary of the Navy; but in no case shall
the price exceed $4,200,000: Provided, That the exact acreage
and legal description of the real property to be acquired
pursuant to this section shall be determined by a survey
satisfactory to the Secretary of the Navy: Provided further,
That the Secretary of the Navy may require such additional
terms and conditions in connection with the land acquisition
pursuant to this section as the Secretary considers
appropriate to protect the interests of the United States.
Sec. 317. Of the total amount appropriated by title IV of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259) under the heading ``Research, Development, Test,
and Evaluation, Navy'' the Secretary of the Navy may
establish Marine Fire Training Centers at the Marine and
Environmental Research and Training Station and Barbers Point
by grants or contracts.
Sec. 318. Notwithstanding any other provision of law, and
notwithstanding the provisions in section 7306 of title 10,
United States Code, of the funds provided in the Department
of Defense Appropriations Act, 2001 (Public Law 106-259) for
``Operation and Maintenance, Navy'', $750,000 shall be
available only for repair of ex-Turner Joy.
Sec. 319. In addition to amounts appropriated or otherwise
made available for the Department of Defense elsewhere in
this Act or in the Department of Defense Appropriations Act,
2001 (Public Law 106-259), $2,000,000 is hereby appropriated
under the heading ``Operation and Maintenance, Defense-
Wide'', to remain available for obligation until September
30, 2001, only for the Defense Imagery and Mapping Agency
Program.
Sec. 320. None of the funds available in the Department of
Defense Appropriations Act, 2001 (Public Law 106-259) shall
be used to consolidate or incorporate Air Force radar
operations maintenance and support programs or contracts into
an Air Force SENSOR or a similar acquisition program.
Sec. 321. In addition to amounts appropriated elsewhere in
this Act, or in the Department of Defense Appropriations Act,
2001 (Public Law 106-259), $1,000,000 is hereby appropriated
to ``Research, Development, Test and Evaluation, Air Force'',
only to develop rapid diagnostic and fingerprinting
techniques along with molecular monitoring systems for the
detection of nosocomial infections.
Sec. 322. Of the total amount appropriated by title IV of
the Department of Defense Appropriations Act, 2001 (Public
Law 106-259) under the heading ``Research, Development, Test
and Evaluation, Navy'', $1,500,000 shall be made available by
grant or contract only to the California Central Coast
Research Partnership (C3RP).
Sec. 323. Fort Irwin National Training Center Expansion.
(a) Findings.--Congress makes the following findings:
(1) The National Training Center at Fort Irwin, California,
is the only instrumented training area in the world suitable
for live fire training of heavy brigade-sized military forces
and thus provides the Army with essential training
opportunities necessary to maintain and improve military
readiness and promote national security.
(2) The National Training Center must be expanded to meet
the critical need of the Army for additional training lands
suitable for the maneuver of large numbers of military
personnel and equipment, which is necessitated by advances in
equipment, by doctrinal changes, and by Force XXI doctrinal
experimentation requirements.
(3) The lands being considered for expansion of the
National Training Center are home to the desert tortoise and
other species that are protected under the Endangered Species
Act of 1973, and the Secretary of Defense and the Secretary
of the Interior, in developing a plan for expansion of the
National Training Center, must provide for such expansion in
a manner that complies with the Endangered Species Act of
1973, the National Environmental Policy Act of 1969, and
other applicable laws.
(4) In order for the expansion of the National Training
Center to be implemented on an expedited basis, the
Secretaries should proceed without delay to define with
specificity the key elements of the expansion plan, including
obtaining early input regarding national security
requirements, Endangered Species Act of 1973 compliance and
mitigation, and National Environmental Policy Act of 1969
compliance.
(b) Purpose.--The purpose of this section is to expedite
the expansion of the National Training Center at Fort Irwin,
California, in a manner that is fully compliant with
environmental laws.
(c) Preparation of Proposed Expansion Plan.--
(1) Preparation required.--The Secretary of the Army and
the Secretary of the Interior (in this section referred to as
the ``Secretaries'') shall jointly prepare a proposed plan
for the expansion of the National Training Center at Fort
Irwin, California.
(2) Submission and availability.--The plan required by
paragraph (1) (in this section referred to as the ``proposed
expansion plan'') shall be completed not later than 120 days
after the date of the enactment of this Act. When completed,
the Secretaries shall make the proposed expansion plan
available to the public and shall publish in the Federal
Register a ``notice of availability'' concerning the proposed
expansion plan.
(d) Key Elements of Proposed Expansion Plan.--
(1) Joint report.--Not later than 45 days after the date of
the enactment of this Act, the Secretaries shall submit to
Congress a joint report that identifies the key elements of
the proposed expansion plan.
(2) Lands withdrawal and reservation.--The proposed
expansion plan shall include the withdrawal and reservation
of an appropriate amount of public lands for--
(A) the conduct of combined arms military training at the
National Training Center;
(B) the development and testing of military equipment at
the National Training Center;
[[Page H12263]]
(C) other defense-related purposes; and
(D) conservation and research purposes.
(3) Conservation measures.--The proposed expansion plan
shall also include a general description of conservation
measures, anticipated to cost approximately $75,000,000, that
may be necessary and appropriate to protect and promote the
conservation of the desert tortoise and other endangered or
threatened species and their critical habitats in designated
wildlife management areas in the West Mojave Desert. The
conservation measures may include--
(A) the establishment of one or more research natural
areas, which may include lands both within and outside the
National Training Center;
(B) the acquisition of private and State lands within the
wildlife management areas in the West Mojave Desert;
(C) the construction of barriers, fences, and other
structures that would promote the conservation of endangered
or threatened species and their critical habitats;
(D) the funding of research studies; and
(E) other conservation measures.
(d) Preliminary Review of Expansion Plan.--
(1) Review required.--Not later than 90 days after the date
of the enactment of this Act, the Director of the United
States Fish and Wildlife Service shall submit to the
Secretaries a preliminary review of the proposed expansion
plan (as developed as of that date). In the preliminary
review, the Director shall identify, with as much specificity
as possible, an approach for implementing the proposed
expansion plan consistent with the Endangered Species Act of
1973 (16 U.S.C. 1531 et seq.).
(2) Relation to formal review.--The preliminary review
under paragraph (1) shall not constitute a formal
consultation under section 7 of the Endangered Species Act of
1973 (16 U.S.C. 1536), but shall be used to assist the
Secretaries in more precisely defining the nature and scope
of an expansion plan for the National Training Center that is
likely to satisfy requirements of the Endangered Species Act
of 1973 and to expedite the formal consultation process under
section 7 of such Act.
(3) Consideration of preliminary review.--In preparing the
proposed expansion plan, the Secretaries shall take into
account the content of the preliminary review by the Director
of the United States Fish and Wildlife Service under
paragraph (1).
(e) Draft Legislation.--The Secretaries shall submit to
Congress with the proposed expansion plan a draft of proposed
legislation providing for the withdrawal and reservation of
public lands for the expansion of the National Training
Center. It is the sense of the Congress that the proposed
legislation should contain a provision that, if enacted,
would prohibit ground-disturbing military use of the land to
be withdrawn and reserved by the legislation until the
Secretaries have certified that there has been full
compliance with the appropriate provisions of the
legislation, the Endangered Species Act of 1973, the National
Environmental Policy Act of 1969, and other applicable laws.
(f) Consultation Under Endangered Species Act of 1973.--The
Secretaries shall initiate the formal consultation required
under section 7 of the Endangered Species Act of 1973 (16
U.S.C. 1536) with respect to expansion of the National
Training Center as soon as practicable and shall complete
such consultation not later than two years after the date of
the enactment of this Act.
(g) Environmental Review.--Not later than six months
following completion of the formal consultation required
under section 7 of the Endangered Species Act of 1973 with
respect to expansion of the National Training Center, the
Secretaries shall complete any analysis required under the
National Environmental Policy Act of 1969 with respect to the
proposed expansion of the National Training Center. The
analysis shall be coordinated, to the extent practicable and
appropriate, with the review of the West Mojave Coordinated
Management Plan that, as of the date of the enactment of this
Act, is being undertaken by the Bureau of Land Management.
(h) Funding.--
(1) Implementation of conservation measures.--There are
authorized to be appropriated $75,000,000 to the Secretary of
the Army for the implementation of conservation measures
necessary for the final expansion plan for the National
Training Center to comply with the Endangered Species Act of
1973.
(2) Implementation of section.--The amounts of $2,500,000
for ``Operation and Maintenance, Army'' and $2,500,000 for
``Management of Lands and Resources, Bureau of Land
Management'' are hereby appropriated to the Secretary of the
Army and the Secretary of the Interior, respectively, only to
undertake and complete on an expedited basis the activities
specified in this section.
CHAPTER 4
DISTRICT OF COLUMBIA FEDERAL FUNDS
Federal Payment to the District of Columbia Courts
For an additional amount for the District of Columbia
courts for capital repairs necessitated by the recent fire
damage to the courthouse facilities, $350,000, to remain
available until September 30, 2002, and for an additional
amount for such repairs for the Superior Court of the
District of Columbia, $50,000: Provided, That after providing
notice to the Committees on Appropriations of the Senate and
House of Representatives, the District of Columbia courts may
reallocate not more than $1,000,000 of the funds provided
under this heading under the District of Columbia
Appropriations Act, 2001, among the items and entities funded
under such heading for the costs of such repairs.
General Provisions--This Chapter
Sec. 401. (a) Section 106(b) of the District of Columbia
Public Works Act of 1954 (sec. 43-1552(b), DC Code), as
amended by section 133 of the District of Columbia
Appropriations Act, 1990, is amended--
(1) in the third sentence of paragraph (1), by striking
``United States Treasury and'' and all that follows through
``by the''; and
(2) by adding at the end the following new paragraph:
``(5) Not later than the 15th day of the month following
each quarter (beginning with the first quarter of fiscal year
2001), the inspector general of each Federal department,
establishment, or agency receiving water services from the
District of Columbia shall submit a report to the Committees
on Appropriations of the House of Representatives and Senate
analyzing the promptness of payment with respect to the
services furnished to such department, establishment, or
agency.''.
(b) Section 212(b) of the District of Columbia Public Works
Act of 1954 (sec. 43-1612(b), DC Code), as amended by section
133 of the District of Columbia Appropriations Act, 1990, is
amended--
(1) in the third sentence of paragraph (1), by striking
``United States Treasury and'' and all that follows through
``by the''; and
(2) by adding at the end the following new paragraph:
``(5) Not later than the 15th day of the month following
each quarter (beginning with the first quarter of fiscal year
2001), the inspector general of each Federal department,
establishment, or agency receiving sanitary sewer services
from the District of Columbia shall submit a report to the
Committees on Appropriations of the House of Representatives
and Senate analyzing the promptness of payment with respect
to the services furnished to such department, establishment,
or agency.''.
(c) The amendments made by this section shall take effect
as if included in the enactment of section 133 of the
District of Columbia Appropriations Act, 1990.
Sec. 402. (a) The Act entitled ``An Act donating certain
Lots in the City of Washington for Schools for Colored
Children in the District of Columbia'', approved July 28,
1866 (14 Stat. 343), is amended by striking the second
sentence.
(b) Section 319 of the Revised Statutes of the United
States relating to the District of Columbia and Post Roads
(sec. 31-206, D.C. Code) is repealed.
Sec. 403. Restrictions on Use of Annual Unobligated Balance
in D.C. Crime Victims Compensation Fund. (a) In General.--
Section 16(d) of the Victims of Violent Crime Compensation
Act of 1996 (sec. 3-435(d), D.C. Code), as added by section
160(d) of the District of Columbia Appropriations Act, 2000,
is amended to read as follows:
``(d) Any unobligated balance existing in the Fund in
excess of $250,000 as of the end of each fiscal year
(beginning with fiscal year 2000) may be used only in
accordance with a plan developed by the District of Columbia
and approved by the Committees on Appropriations of the
Senate and House of Representatives, the Committee on
Government Reform of the House of Representatives, and the
Committee on Governmental Affairs of the Senate, and not less
than 80 percent of such balance shall be used for direct
compensation payments to crime victims through the Fund under
this section and in accordance with this Act.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect September 30, 2000.
Sec. 404. (a) Notwithstanding any provision of the District
of Columbia Appropriations Act, 2001, the District of
Columbia may fund the programs identified under the heading
``Reserve'' in H.R. 4942, One Hundred Sixth Congress, as
introduced, subject to the conditions described under such
heading and upon certification by the District of Columbia
Financial Responsibility and Management Assistance Authority
to the Committees on Appropriations of the Senate and House
of Representatives that the Chief Financial Officer of the
District of Columbia, the Mayor of the District of Columbia,
and the Council of the District of Columbia have identified
and implemented such spending reductions as may be necessary
to ensure that the District of Columbia will not have a
budget deficit for fiscal year 2001.
(b)(1) Notwithstanding any provision of the District of
Columbia Appropriations Act, 2001, the use by the District of
the funds described in paragraph (2) for Pay-As-You-Go
Capital Funds shall be optional.
(2) The funds described in this paragraph are funds set
aside for the reserve established by section 202(j) of the
District of Columbia Financial Responsibility and Management
Assistance Act of 1995 (as amended by section 148 of the
District of Columbia Appropriations Act, 2000) which are not
used for purposes of any reserve funds established under the
District of Columbia Appropriations Act, 2001, or any
amendments made by such Act.
(c)(1) The Mayor of the District of Columbia shall deposit
the annual interest savings resulting from debt reductions
using the proceeds of the tobacco securitization program into
the emergency reserve fund established under section 450A of
the District of Columbia Home Rule Act (as added by section
159 of the District of Columbia Appropriations Act, 2001).
(2) This subsection shall apply with respect to fiscal year
2001 and each succeeding fiscal year until the requirements
of section 450A of the District of Columbia Home Rule Act
have been met.
Sec. 405. (a) Notwithstanding any provision of the District
of Columbia Appropriations Act, 2001, quarterly disbursements
shall be calculated and paid to District of Columbia public
charter schools during fiscal year 2001 in accordance with
section 107a(b) of the Uniform Per Student
[[Page H12264]]
Funding Formula for Public Schools and Public Charter Schools
and Tax Conformity Clarification Amendment Act of 1998 (sec.
31-2906.1(b), DC Code), as amended by the Enrollment
Integrity Act.
Sec. 406. (a) The provisions of H.R. 5547 (as enacted into
law by H.R. 4942 of the 106th Congress) are repealed and
shall be deemed for all purposes (including section 1(b) of
H.R. 4942) to have never been enacted.
(b) The repeal made by this section shall take effect as if
included in H.R. 4942 of the 106th Congress on the date of
its enactment.
CHAPTER 5
ENERGY AND WATER DEVELOPMENT
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
General Investigations
For an additional amount for ``General Investigations'',
$900,000, to remain available until expended: Provided, That
$100,000 shall be available for a reconnaissance study of
shore protection needs at North Topsail Beach, North
Carolina; $100,000 shall be available for a reconnaissance
study for the Passiac County, New Jersey, water
infrastructure project; $100,000 shall be available for a
reconnaissance study of flooding, drainage and other related
problems in the Cayuga Creek Watershed, New York; and
$600,000 shall be available for a cost-shared feasibility
study of the restoration of the lower St. Anthony's Falls
natural rapids in Minnesota.
Construction, General
For an additional amount for ``Construction, General'',
$2,750,000, to remain available until expended: Provided,
That $75,000 shall be available for planning and design of a
project to provide for floodplain evacuation in the watershed
of Pond Creek, Kentucky; $100,000 shall be available for
design of recreation and access features at the Louisville
Waterfront Park in Kentucky; $500,000 shall be available for
a Limited Reevaluation Report for the Central Boca Raton
segment of the Palm Beach County, Florida, shore protection
project; and $75,000 shall be available to conduct research
on the eradication of Eurasian water milfoil at Houghton
Lake, Michigan: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is authorized
and directed to use $2,000,000 of the funds appropriated
herein to initiate design and construction of the Hawaii
Water Management Project, including Waiahole Ditch on Oahu,
Kau Ditch on Maui, Pioneer Mill Ditch on Hawaii, and the
complex system on the west side of Kauai: Provided further,
That the Secretary of the Army may use up to $5,000,000 of
previously appropriated funds to carry out the Abandoned and
Inactive Noncoal Mine Restoration program authorized by
section 560 of Public Law 106-53.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For an additional amount for ``Flood Control, Mississippi
River and Tributaries, Arkansas, Illinois, Kentucky,
Louisiana, Mississippi, Missouri, and Tennessee'',
$3,500,000, to remain available until expended, for
prosecuting work of repair, restoration or maintenance of the
Mississippi River levees, and for the correction of
deficiencies in the mainline Mississippi River levees.
DEPARTMENT OF THE INTERIOR
Bureau of Reclamation
Water and Related Resources
For an additional amount for ``Water and Related
Resources'', $2,000,000, to remain available until expended,
for construction of the Mid-Dakota Rural Water System, in
addition to amounts made available under the Energy and Water
Appropriations Development Act, 2001.
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Supply
For an additional amount for ``Energy Supply'', $800,000,
to remain available until expended, for the Prime, LLC, of
central South Dakota, for final engineering and project
development of the integrated ethanol complex, including an
ethanol unit, waste treatment system, and enclosed cattle
feed lot.
Science
For an additional amount for ``Science'', $1,000,000, to
remain available until expended, for high temperature
superconducting research and development at Boston College.
CHAPTER 6
General Provisions--This Chapter
Sec. 601. Of the funds appropriated under the heading
Department of State, International Narcotics Control and Law
Enforcement, in the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2001, not less than
$1,350,000 shall be available only for the Protection Project
to continue its study of international trafficking,
prostitution, slavery, debt bondage and other abuses of women
and children.
Sec. 602. Embassy Compensation Authority. Funds made
available under the heading ``Other Bilateral Economic
Assistance, Economic Support Fund'' included in the Foreign
Operations, Export Financing, and Related Programs
Appropriations Act, 2001 (Public Law 106-429) may be made
available, notwithstanding any other provision of law, to
provide payment to the government of the People's Republic of
China for property loss and damage arising out of the May 7,
1999 incident in Belgrade, Federal Republic of Yugoslavia.
CHAPTER 7
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
Land Acquisition
For an additional amount for ``Land Acquisition'',
$5,000,000, to be derived from the Land and Water
Conservation Fund and to remain available until expended, to
carry out the provisions of title VI of the Steens Mountain
Cooperative Management and Protection Act (Public Law 106-
399): Provided, That sums necessary to complete the
individual land exchanges identified under title VI shall be
provided within thirty days of each land exchange.
United States Fish and Wildlife Service
Resource Management
For an additional amount for ``Resource Management'',
$500,000 for a grant to the Center for Reproductive Biology
at Washington State University.
Multinational Species Conservation Fund
For an additional amount for the ``Multinational Species
Conservation Fund'', $750,000, to remain available until
expended, for Great Ape conservation activities authorized by
law.
National Park Service
Operation of the National Park System
For an additional amount for ``Operation of the National
Park System'', $100,000 for completion of studies related to
the Arlington Boathouse in Virginia.
National Recreation and Preservation
For an additional amount for ``National Recreation and
Preservation'', $1,600,000, to remain available until
expended, of which $500,000 is for the National Constitution
Center in Philadelphia, Pennsylvania and $1,100,000 is for a
grant to the Historic New Bridge Landing Park Commission.
Historic Preservation Fund
For an additional amount for the ``Historic Preservation
Fund'', $100,000 for a grant to the Massillon Heritage
Foundation, Inc. in Massillon, Ohio.
Construction
For an additional amount for ``Construction'', $3,500,000,
to remain available until expended, of which $1,500,000 is
for the Stones River National Battlefield and $2,000,000 is
for the Millennium Cultural Cooperative Park.
DEPARTMENT OF ENERGY
Energy Conservation
For an additional amount for ``Energy Conservation'',
$300,000, to remain available until expended, for a grant to
the Oak Ridge National Laboratory/Nevada Test Site
Development Corporation for the development of (1) cooling,
refrigeration, and thermal energy management equipment
capable of using natural gas or hydrogen fuels; and (2)
improvement of the reliability of heat-activated cooling,
refrigeration, and thermal energy management equipment used
in combined heating, cooling, and power applications.
RELATED AGENCY
Woodrow Wilson International Center for Scholars
Payment to Endowment Fund
For payment to the endowment fund of the Woodrow Wilson
International Center for Scholars $5,000,000: Provided, That
such funds may be invested in investments approved by the
Board of Trustees of the Woodrow Wilson International Center
for Scholars and the income from such investments may be used
to support the programs of the Center that the Board of
Trustees and the Director of the Center determine
appropriate.
General Provision--This Chapter
Sec. 701. In addition to amounts appropriated in Public Law
106-291 to the Indian Health Service under the heading
``Indian Health Services'', $30,000,000, to remain available
until expended, is appropriated as follows:
(1) $15,000,000 shall be provided to the Alaska Federation
of Natives as a direct lump sum payment within 30 days of
enactment of this Act for its Alaska Native Sobriety and
Alcohol Control Program: Provided, That the President of the
Alaska Federation of Natives shall make grants to each Alaska
Native regional non-profit corporation (as listed in section
103(a)(2) of Public Law 104-193 (110 Stat. 2159)) in which
there are villages, including established villages and
organized cities under state law, that have voted to ban the
sale, importation, or possession of alcohol pursuant to local
option state law: Provided further, That such grants shall be
used to (1) employ Village Public Safety Officers
(hereinafter referred to as ``VPSO's'') under such terms and
conditions that encourage retention of such VPSO's and that
are consistent with agreements with the State of Alaska for
the provision of such VPSO services, (2) acquisition of law
enforcement equipment or services, or (3) develop and
implement restorative justice programs recognized under state
sentencing law as a community based complement or alternative
to incarceration or other penalty: Provided further, That
funds may also be used for activities and programs to further
the sobriety movement including education and treatment. The
President of the Alaska Federation of Natives shall submit a
report on its activities and those of its grantees including
administrative costs and persons served by December 31, 2001;
and
(2) $15,000,000 shall be provided to the Indian Health
Service for drug and alcohol prevention and treatment
services for non-Alaska tribes.
CHAPTER 8
General Provisions--This Chapter
Sec. 801. There are appropriated to the Health Resources
and Services Administration in the Department of Health and
Human Services, for the construction of the Biotechnology
Science Center at the Marshall University in Huntington, West
Virginia, $25,000,000, to remain available until expended.
Sec. 802. There are appropriated to the Health Resources
and Services Administration in the
[[Page H12265]]
Department of Health and Human Services, for the construction
of the Christian Nurses Hospice in Brentwood, New York,
$400,000.
Sec. 803. There are appropriated to the Institute of Museum
and Library Services, for expansion of the marine biology
program at the Long Island Maritime Museum, $250,000.
CHAPTER 9
LEGISLATIVE BRANCH
CONGRESSIONAL OPERATIONS
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Decreased Members of Congress
For payment to Laura Y. Bateman, widow of Herbert H.
Bateman, late a Representative from the State of Virginia,
$141,300.
For payment to Susan L. Vento, widow of Bruce F. Vento,
late a Representative from the State of Minnesota, $141,300.
For payment to Betty Lee Dixon, widow of Julian C. Dixon,
late a Representative from the State of California, $141,300.
ARCHITECT OF THE CAPITOL
Capitol Buildings and Grounds
capitol buildings
salaries and expenses
For an additional amount for ``Capitol Buildings and
Grounds--capitol buildings--salaries and expenses'' for
necessary expenses for construction of emergency egress from
the fourth floor of the Capitol Building, $1,033,000, to
remain available until expended: Provided, That the entire
amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended.
LIBRARY OF CONGRESS
Salaries and Expenses
For the Library of Congress, $25,000,000, to remain
available until expended, for necessary salaries and expenses
of the National Digital Information Infrastructure and
Preservation Program; and an additional $75,000,000, to
remain available until expended, for such purposes: Provided,
That the portion of such additional $75,000,000, which may be
expended shall not exceed an amount equal to the matching
contributions (including contributions other than money) for
such purposes that (1) are received by the Librarian of
Congress for the program from non-Federal sources, and (2)
are received before March 31, 2003: Provided further, That
such program shall be carried out in accordance with a plan
or plans approved by the Committee on House Administration of
the House of Representatives, the Committee on Rules and
Administration of the Senate, the Committee on Appropriations
of the House of Representatives, and the Committee on
Appropriations of the Senate: Provided further, That of the
total amount appropriated, $5,000,000 may be expended before
the approval of a plan to develop such a plan, and to collect
or preserve essential digital information which otherwise
would be uncollectible: Provided further, That the balance in
excess of such $5,000,000 shall not be expended without
approval in advance by the Committee on Appropriations of the
House of Representatives and the Committee on Appropriations
of the Senate: Provided further, That the plan under this
heading shall be developed by the Librarian of Congress
jointly with entities of the Federal government with
expertise in telecommunications technology and electronic
commerce policy (including the Secretary of Commerce and
the Director of the White House Office of Science and
Technology Policy) and the National Archives and Records
Administration, and with the participation of
representatives of other Federal, research, and private
libraries and institutions with expertise in the
collection and maintenance of archives of digital
materials (including the National Library of Medicine, the
National Agricultural Library, the National Institute of
Standards and Technology, the Research Libraries Group,
the Online Computer Library Center, and the Council on
Library and Information Resources) and representatives of
private business organizations which are involved in
efforts to preserve, collect, and disseminate information
in digital formats (including the Open e-Book Forum):
Provided further, That notwithstanding any other provision
of law, effective with the One Hundred Seventh Congress
and each succeeding Congress the chair of the Subcommittee
on the Legislative Branch of the Committee on
Appropriations of the House of Representatives shall serve
as a member of the Joint Committee on the Library with
respect to the Library's financial management,
organization, budget development and implementation, and
program development and administration, as well as any
other element of the mission of the Library of Congress
which is subject to the requirements of Federal law.
General Provisions--This Chapter
Sec. 901. Retirement Credit for Certain Legislative Branch
Employees. (a) Former Employees of Congressional Campaign
Committees.--
(1) CSRS.--Section 8332(m) of title 5, United States Code,
as amended by section 312 of the Legislative Branch
Appropriations Act, 2000, is amended--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4); and
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Upon application to the Office of Personnel
Management, any individual who was an employee on the date of
the enactment of this paragraph, and who has on such date or
thereafter acquires 5 years or more of creditable civilian
service under this section (exclusive of service for which
credit is allowed under this subsection) shall be allowed
credit (as service as a Congressional employee) for service
before December 31, 1990, while employed by the Democratic
Senatorial Campaign Committee, the Republican Senatorial
Campaign Committee, the Democratic National Congressional
Committee, or the Republican National Congressional
Committee, if--
``(A) such employee has at least 4 years and 6 months of
service on such committees as of December 31, 1990; and
``(B) such employee makes a deposit to the Fund in an
amount equal to the amount which would be required under
section 8334(c) if such service were service as a
Congressional employee.''.
(2) FERS.--Section 8411 of title 5, United States Code, is
amended by adding at the end the following new subsection:
``(i)(1) Upon application to the Office of Personnel
Management, any individual who was an employee on the date of
the enactment of this paragraph, and who has on such date or
thereafter acquires 5 years or more of creditable civilian
service under this section (exclusive of service for which
credit is allowed under this subsection) shall be allowed
credit (as service as a Congressional employee) for service
before December 31, 1990, while employed by the Democratic
Senatorial Campaign Committee, the Republican Senatorial
Campaign Committee, the Democratic National Congressional
Committee, or the Republican National Congressional
Committee, if--
``(A) such employee has at least 4 years and 6 months of
service on such committees as of December 31, 1990; and
``(B) such employee deposits to the Fund an amount equal to
1.3 percent of the base pay for such service, with interest.
``(2) The Office shall accept the certification of the
President of the Senate (or the President's designee) or the
Speaker of the House of Representatives (or the Speaker's
designee), as the case may be, concerning the service of, and
the amount of compensation received by, an employee with
respect to whom credit is to be sought under this subsection.
``(3) An individual shall not be granted credit for such
service under this subsection if eligible for credit under
section 8332(m) for such service.''.
(b) Former Employees of Legislative Service
Organizations.--
(1) Service of employees of legislative service
organizations.--
(A) In general.--Subject to succeeding provisions of this
paragraph, upon application to the Office of Personnel
Management in such form and manner as the Office shall
prescribe, any individual who performed service as an
employee of a legislative service organization of the House
of Representatives (as defined and authorized in the One
Hundred Third Congress) and whose pay was paid in whole or in
part by a source other than the Clerk Hire account of a
Member of the House of Representatives (other than an
individual described in paragraph (6)) shall be entitled--
(i) to receive credit under the provisions of subchapter
III of chapter 83 or chapter 84 of title 5, United States
Code (whichever would be appropriate), as Congressional
employee service, for all such service; and
(ii) to have all pay for such service which was so paid by
a source other than the Clerk Hire account of a Member
included (in addition to any amounts otherwise included in
basic pay) for purposes of computing an annuity payable out
of the Civil Service Retirement and Disability Fund.
(B) Deposit requirement.--In order to be eligible for the
benefits described in subparagraph (A), an individual shall
be required to pay into the Civil Service Retirement and
Disability Fund an amount equal to the difference between--
(i) the employee contributions that were actually made to
such Fund under applicable provisions of law with respect to
the service described in subparagraph (A); and
(ii) the employee contributions that would have been
required with respect to such service if the amounts
described in subparagraph (A)(ii) had also been treated as
basic pay.
The amount required under this subparagraph shall include
interest, which shall be computed under section 8334(e) of
title 5, United States Code.
(C) Certain offsets required in order to prevent double
contributions and benefits.--In the case of any period of
service as an employee of a legislative service organization
which constituted employment for purposes of title II of the
Social Security Act--
(i) any pay for such service (as described in subparagraph
(A)(ii)) with respect to which the deposit under subparagraph
(B) would otherwise be computed by applying the first
sentence of section 8334(a)(1) of title 5, United States
Code, shall instead be computed in a manner based on section
8334(k) of such title; and
(ii) any retirement benefits under subchapter III of
chapter 83 of title 5, United States Code, shall be subject
to offset (to reflect that portion of benefits under title II
of the Social Security Act attributable to pay referred to in
subparagraph (A)) similar to that provided for under section
8349 of such title.
(2) Survivor annuitants.--For purposes of survivor
annuities, an application authorized by this section may, in
the case of an individual under paragraph (1) who has died,
be made by a survivor of such individual.
(3) Recomputation of annuities.--Any annuity or survivor
annuity payable as of when an individual makes the deposit
required under paragraph (1) shall be recomputed to take into
account the crediting of service under such paragraph for
purposes of amounts accruing for any period beginning on or
after the date on which the individual makes the deposit.
[[Page H12266]]
(4) Certification of speaker.--The Office of Personnel
Management shall accept the certification of the Speaker of
the House of Representatives (or the Speaker's designee)
concerning the service of, and the amount of compensation
received by, an employee with respect to whom credit is to be
sought under this subsection.
(5) Notification and other duties of the office of
personnel management.--
(A) Notice.--The Office of Personnel Management shall take
such action as may be necessary and appropriate to inform
individuals of any rights they might have as a result of the
enactment of this subsection.
(B) Assistance.--The Office shall, on request, assist any
individual in obtaining from any department, agency, or other
instrumentality of the United States any information in the
possession of such instrumentality which may be necessary to
verify the entitlement of such individual to have any service
credited under this subsection or to have an annuity
recomputed under paragraph (3).
(C) Information.--Any department, agency, or other
instrumentality of the United States which possesses any
information with respect to an individual's performance of
any service described in paragraph (1) shall, at the
request of the office, furnish such information to the
Office.
(6) Exclusion of certain employees.--An individual is not
eligible for credit under this subsection if the individual
served as an employee of the House of Representatives for an
aggregate period of 5 years or longer after the individual's
final period of service as an employee of a legislative
service organization of the House of Representatives.
(7) Member defined.--In this subsection, the term ``Member
of the House of Representatives'' includes a Delegate or
Resident Commissioner to the Congress.
Sec. 902. (a) The Legislative Branch Appropriations Act,
2001 is amended under the subheading ``miscellaneous items''
under the heading ``SENATE'' under title I by striking
``$8,655,000'' and inserting ``$25,155,000''.
(b) The amendment made by subsection (a) shall take effect
as if included in the enactment of the Legislative Branch
Appropriations Act, 2001.
Sec. 903. Beginning on the first day of the 107th Congress,
the Presiding Officer of the Senate shall apply all of the
precedents of the Senate under Rule XXVIII in effect at the
conclusion of the 103rd Congress. Further that there is now
in effect a Standing order of the Senate that the reading of
conference reports is no longer required, if the said
conference report is available in the Senate.
CHAPTER 10
General Provisions--This Chapter
Sec. 1001. In addition to amounts appropriated or otherwise
made available in the Military Construction Appropriations
Act, 2001, $43,500,000 is hereby appropriated to the
Department of Defense, to remain available until September
30, 2005, as follows:
``Military Construction, Army'', $27,000,000;
``Military Construction, Air Force'', $12,000,000;
``Military Construction, Army National Guard'', $4,500,000:
Provided, That notwithstanding any other provision of law,
such funds may be obligated or expended to carry out planning
and design, military construction, and family housing
projects not otherwise authorized by law.
Sec. 1002. Transfer of Jurisdiction, Melrose Air Force
Range, New Mexico. (a) Transfer Required.--(1) The Secretary
of the Interior shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Air Force
the surface estate in the real property described in
paragraph (2), which consists of 6,713.90 acres of public
domain lands in Roosevelt County, New Mexico.
(2) The transfer of administrative jurisdiction under
paragraph (1) encompasses the following sections (or portions
thereof):
(A) In Township 1 North, Range 30 East, New Mexico Prime
Meridian:
(i) Sec. 2 (S\1/2\).
(ii) Sec. 11. All.
(iii) Sec. 20 (S\1/2\SE\1/4\).
(iv) Sec. 28. All.
(B) In Township 1 South, Range 30 East, New Mexico Prime
Meridian:
(i) Sec. 2 (Lots 1-12, S\1/2\).
(ii) Sec. 3 (Lots 1-12, S\1/2\).
(iii) Sec. 4 (Lots 1-12, S\1/2\).
(iv) Sec. 6 (Lots 1 and 2).
(v) Sec. 9 (N\1/2\, N\1/2\S\1/2\).
(vi) Sec. 10 (N\1/2\, N\1/2\S\1/2\).
(vii) Sec. 11 (N\1/2\, N\1/2\S\1/2\).
(C) In Township 2 North, Range 30 East, New Mexico Prime
Meridian:
(i) Sec. 20 (E\1/2\S\1/4\).
(i) Sec. 21 (SW\1/4\, W\1/2\SE\1/4\).
(i) Sec. 28 (W\1/2\E\1/2\, W\1/2\).
(i) Sec. 29 (E\1/2\E\1/2\).
(i) Sec. 32 (E\1/2\E\1/2\).
(i) Sec. 33 (W\1/2\E\1/2\, NW\1/4\, S\1/2\SW\1/4\).
(b) Status of Surface Estate.--Upon transfer under
subsection (a), the surface estate is deemed to be real
property subject to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(c) Withdrawal of Mineral Estate.--Subject to valid
existing rights, the mineral estate of the lands described in
subsection (a) are withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the
mineral and geothermal leasing laws, but not the Act of July
31, 1947 (commonly known as the Materials Act of 1947; 30
U.S.C. 601 et seq.).
(d) Use of Mineral Materials.--Notwithstanding subsection
(c) or the Act of July 31, 1947, the Secretary of the Air
Force may use, without application to the Secretary of the
Interior, the sand, gravel, or similar mineral material
resources on the lands described in subsection (a), of the
type subject to disposition under the Act of July 31, 1947,
when the use of such resources is required for construction
needs on the Melrose Air Force Range, New Mexico.
Sec. 1003. Transfer of Jurisdiction, Yakima Training
Center, Washington. (a) Transfer Required.--(1) The Secretary
of the Interior shall transfer, without reimbursement, to the
administrative jurisdiction of the Secretary of the Army the
surface estate in the real property described in paragraph
(2), which consists of 6,640.02 acres of public domain lands
in Kittitas County, Washington.
(2) The transfer of administrative jurisdiction under
paragraph (1) encompasses the following sections (or portions
thereof):
(A) In Township 17 North, Range 20 East, Willamette
Meridian:
(i) Sec. 22 (S\1/2\).
(ii) Sec. 24 (S\1/2\SW\1/4\ and that portion of the E\1/2\
lying south of the Interstate Highway 90 right-of-way).
(iii) Sec. 26. All.
(B) In Township 16 North, Range 21 East, Willamette
Meridian:
(i) Sec. 4 (SW\1/4\SW\1/4\).
(ii) Sec. 12 (SE\1/4\).
(iii) Sec. 18 (Lots 1, 2, 3, and 4, E\1/2\ and E\1/2\W\1/
2\).
(C) In Township 17 North, Range 21 East, Willamette
Meridian:
(i) Sec. 30 (Lots 3 and 4).
(ii) Sec. 32 (NE\1/4\SE\1/4\).
(D) In Township 16 North, Range 22 East, Willamette
Meridian:
(i) Sec. 2 (Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\).
(ii) Sec. 4 (Lots 1, 2, 3, and 4, S\1/2\N\1/2\ and S\1/2\).
(iii) Sec. 10. All.
(iv) Sec. 14. All.
(v) Sec. 20 (SE\1/4\SW\1/4\).
(vi) Sec. 22. All.
(vii) Sec. 26 (N\1/2\).
(viii) Sec. 28 (N\1/2\).
(E) In Township 16 North, Range 23 East, Willamette
Meridian:
(i) Sec. 18 (Lots 3 and 4, E\1/2\SW\1/4\, W\1/2\SE\1/4\,
and that portion of the E\1/2\SE\1/4\ lying westerly of the
westerly right-of-way line of Huntzinger Road).
(ii) Sec. 20 (That portion of the SW\1/4\ lying westerly of
the easterly right-of-way line of the railroad).
(iii) Sec. 30 (Lots 1 and 2, NE\1/4\ and E\1/2\NW\1/4\).
(b) Status of Surface Estate.--Upon transfer under
subsection (a), the surface estate is deemed to be real
property subject to the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 471 et seq.).
(c) Withdrawal of Mineral Estate.--(1) Subject to valid
existing rights, the mineral estate of the lands described in
subsection (a), as well as the additional lands described in
paragraph (2), are withdrawn from all forms of appropriation
under the public land laws, including the mining laws and the
geothermal leasing laws, but not the Act of July 31, 1947
(commonly known as the Materials Act of 1947; 30 U.S.C. 601,
et seq.) and the Mineral Leasing Act (30 U.S.C. 181 et seq.):
(2) The additional lands referred to in paragraph (1)
consist of 3,090.80 acres in the following sections (or
portions thereof):
(A) In Township 16 North, Range 20 East, Willamette
Meridian:
(i) Sec. 12. All.
(ii) Sec. 18 (Lot 4 and SE\1/4\).
(iii) Sec. 20 (S\1/2\).
(B) In Township 16 North, Range 21 East, Willamette
Meridian:
(i) Sec. 4 (Lots 1, 2, 3, and 4, S\1/2\NE\1/4\).
(ii) Sec. 8. All.
(C) In Township 16 North, Range 22 East, Willamette
Meridian:
(i) Sec. 12. All.
(D) In Township 17 North, Range 21 East, Willamette
Meridian:
(i) Sec. 32 (S\1/2\SE\1/4\).
(ii) Sec. 34 (W\1/2\).
(d) Use of Mineral Materials.--Notwithstanding subsection
(c) or the Act of July 31, 1947, the Secretary of the Army
may use, without application to the Secretary of the
Interior, the sand, gravel, or similar mineral material
resources on the lands described in subsections (a) and (c),
of the type subject to disposition under the Act of July 31,
1947, when the use of such resources is required for
construction needs on the Yakima Training Center, Washington.
CHAPTER 11
DEPARTMENT OF TRANSPORTATION
General Provisions--This Chapter
Sec. 1101. Section 5309(g)(4)(D)(2) of title 49, United
States Code, is amended by striking ``light''.
Sec. 1102. Item number 630 of the table contained in
section 1602 of the Transportation Act for the 21st Century
(112 Stat. 280), relating to Buffalo, New York, is amended by
striking ``Design and construct Outer Harbor Bridge in
Buffalo'' and inserting ``Transportation infrastructure
improvements, Inner Harbor/Redevelopment project, Buffalo''.
Sec. 1103. If the State of Arkansas incorporates into the
relocation of U.S. Route 71 through Fort Chaffee, Arkansas,
land obtained by the State from the Federal Government as a
result of the closure of a military installation, the
Secretary of Transportation shall credit to the State share
of the cost of the relocation the fair market value of such
land .
Sec. 1104. For an additional amount to enable the Secretary
of Transportation to make a grant to the Huntsville
International Airport, $2,500,000, to be derived from the
airport and airway trust fund, to remain available until
expended.
Sec. 1105. Notwithstanding any other provision of law, for
necessary expenses for the Southeast Light Rail Extension
Project in Dallas, Texas, $1,000,000, to be derived from the
[[Page H12267]]
Mass Transit Account of the Highway Trust Fund and to remain
available until expended.
Sec. 1106. Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2032-2033)
is amended by striking paragraph (38) and replacing it with
the following--
``(38) The Ports-to-Plains Corridor from Laredo, Texas, via
I-27 to Denver, Colorado, shall include:
``(A) In the State of Texas the Ports-to-Plains Corridor
shall generally follow--
``(i) I-35 from Laredo to United States Route 83 at Exit
18;
``(ii) United States Route 83 from Exit 18 to Carrizo
Springs;
``(iii) United States Route 277 from Carrizo Springs to San
Angelo;
``(iv) United States Route 87 from San Angelo to Sterling
City;
``(v) From Sterling City to Lamesa, the Corridor shall
follow United States Route 87 and, the corridor shall also
follow Texas Route 158 from Sterling City to I-20, then via
I-20 West to Texas Route 349 and, Texas Route 349 from
Midland to Lamesa;
``(vi) United States Route 87 from Lamesa to Lubbock;
``(vii) I-27 from Lubbock to Amarillo; and
``(viii) United States Route 287 from Amarillo to Dumas.
``(B) The corridor designation contained in paragraph (A)
shall take effect only if the Texas Transportation Commission
has not designated the Ports-to-Plains Corridor in Texas by
June 30, 2001.''.
Sec. 1107. For an additional amount to enable the Secretary
of Transportation to make a grant for the Newark-Elizabeth
rail link project, New Jersey, $3,000,000, to be derived from
the Mass Transit Account of the Highway Trust Fund and to
remain available until expended.
Sec. 1108. Section 5309(m)(3)(C) of Title 49 United States
Code shall not apply to the funds made available in the
Department of Transportation and Related Agencies
Appropriations Act, 2001: Provided, That notwithstanding any
other provision of law, the 14th Street Bridge, Virginia;
Chouteau Bridge, Jackson County, Missouri; Clement C. Clay
Bridge replacement, Morgan/Madison counties, Alabama;
Fairfield-Benton-Kennebec River Bridge, Maine; Florida
Memorial Bridge, Florida; Historic Woodrow Wilson Bridge,
Mississippi; Missisquoi Bay Bridge, Vermont; Oaklawn
Bridge, South Pasadena, California; Pearl Harbor Memorial
Bridge replacement, Connecticut; Powell County Bridge,
Montana; Santa Clara Bridge, Oxnard, California; Star City
Bridge, West Virginia; US 231 Bridge over Tennessee River,
Alabama; US 54/US 69 Bridge, Kansas; Waimalu Bridge
replacement on I-1, Hawaii; Washington Bridge, Rhode
Island are eligible in fiscal year 2001 under section
144(g)(2) of title 23, United States Code: Provided
further, That section 378 of Public Law 106-346 is amended
by inserting after ``US 101'' the following: ``and
Interstate 5 Trade Corridor''.
Sec. 1109. Notwithstanding any other provision of law, in
addition to funds otherwise appropriated in this or any other
Act for fiscal year 2001, $4,000,000 is hereby appropriated
from the Highway Trust Fund for Commercial Remote Sensing
Products and Spatial Information Technologies under section
5113 of Public Law 105-178, as amended: Provided, That such
funds are used to study the creation of a new highway right
of way south of I-10 along the Mississippi Gulf Coast by
relocating the existing railroad right of way out of downtown
areas.
Sec. 1110. Amtrak is authorized to obtain services from the
Administrator of General Services, and the Administrator is
authorized to provide services to Amtrak, under sections
201(b) and 211(b) of the Federal Property and Administrative
Services Act of 1949 (40 U.S.C. 481(b) and 491(b)) for fiscal
year 2001 and each fiscal year thereafter until the fiscal
year that Amtrak operates without Federal operating grant
funds appropriated for its benefit, as required by sections
24101(d) and 24104(a) of title 49, United States Code.
Sec. 1111. Of the funds made available in the ``Alteration
of bridges'' account of the Department of Transportation and
Related Agencies Appropriations Act, 2001 for the Fox River
Bridge, $575,000 shall be transferred by the Secretary of
Transportation to the City of Oshkosh for removal of the
bridge located at mile point 56.9 of the Fox River in
Oshkosh, Wisconsin. The United States shall assume no
responsibility for project management relating to removal of
the bridge.
Sec. 1112. Notwithstanding section 27 of the Merchant
Marine Act, 1920 (46 App. U.S.C. 883), section 8 of the Act
of June 19, 1886 (46 App. U.S.C. 289), and section 12106 of
title 46, United States Code, the Secretary of Transportation
may issue a certificate of documentation with appropriate
endorsement for employment in the coastwise trade for the
following vessels:
(1) M/V WELLS GRAY (State of Alaska registration number AK
9452 N; former Canadian registration number 154661); and
(2) ANNANDALE (United States official number 519434).
Sec. 1113. Conveyance of Coast Guard Property in
Middletown, California. (a) Authority To Convey.--
(1) In general.--The Administrator of General Services (in
this section referred to as the ``Administrator'') may
promptly convey to Lake County, California (in this section
referred to as the ``County''), without consideration, all
right, title, and interest of the United States (subject to
subsection (c)) in and to the property described in
subsection (b).
(2) Identification of property.--The Administrator, in
consultation with the Commandant of the Coast Guard, may
identify, describe, and determine the property to be conveyed
under this section.
(b) Property Described.--
(1) In general.--The property referred to in subsection (a)
is such portion of the Coast Guard LORAN Station Middletown
as has been reported to the General Services Administration
to be excess property, consisting of approximately 733.43
acres, and is comprised of all or part of tracts A-101, A-
102, A-104, A-105, A-106, A-107, A-108, and A-111.
(2) Survey.--The exact acreage and legal description of the
property conveyed under subsection (a), and any easements or
rights-of-way reserved by the United States under subsection
(c)(1), shall be determined by a survey satisfactory to the
Administrator. The cost of the survey shall be borne by the
County.
(c) Conditions.--
(1) In general.--In making the conveyance under subsection
(a), the Administrator shall--
(A) reserve for the United States such existing rights-of-
way for access and such easements as are necessary for
continued operation of the LORAN station;
(B) preserve other existing easements for public roads and
highways, public utilities, irrigation ditches, railroads,
and pipelines; and
(C) impose such other restrictions on use of the property
conveyed as are necessary to protect the safety, security,
and continued operation of the LORAN station.
(2) Firebreaks and fence.--(A) The Administrator may not
convey any property under this section unless the County and
the Commandant of the Coast Guard enter into an agreement
with the Administrator under which the County is required, in
accordance with design specifications and maintenance
standards established by the Commandant--
(i) to establish and construct within 6 months after the
date of the conveyance, and thereafter to maintain,
firebreaks on the property to be conveyed; and
(ii) construct within 6 months after the date of
conveyance, and thereafter maintain, a fence approved by the
Commandant along the property line between the property
conveyed and adjoining Coast Guard property.
(B) The agreement shall require that--
(i) the County shall pay all costs of establishment,
construction, and maintenance of firebreaks under
subparagraph (A)(i); and
(ii) the Commandant shall provide all materials needed to
construct a fence under subparagraph (A)(ii), and the County
shall pay all other costs of construction and maintenance of
the fence.
(3) Covenants appurtenant.--The Administrator shall take
actions necessary to render the requirement to establish,
construct, and maintain firebreaks and a fence under
paragraph (2) and other requirements and conditions under
paragraph (1), under the deed conveying the property to the
County, covenants that run with the land for the benefit of
land retained by the United States.
(d) Reversionary Interest.--During the five-year period
beginning on the date the Administrator makes the conveyance
authorized by subsection (a), the real property conveyed
pursuant to this section, at the option of the Administrator,
shall revert to the United States and be placed under the
administrative control of the Administrator, if--
(1) the County sells, conveys, assigns, exchanges, or
encumbers the property conveyed or any part thereof;
(2) the County fails to maintain the property conveyed in a
manner consistent with the terms and conditions in subsection
(c);
(3) the County conducts any commercial activities at the
property conveyed, or any part thereof, without approval of
the Secretary; or
(4) at least 30 days before the reversion, the
Administrator provides written notice to the owner that the
property or any part thereof is needed for national security
purposes.
Sec. 1114. Conveyance of Coast Guard Property to Town of
Nantucket, Massachusetts. (a) Authority to Convey.--
(1) In general.--Notwithstanding any other law, the
Administrator of the General Services Administration
(Administrator) or the Commandant of the Coast Guard
(Commandant), as appropriate, shall convey to the Town of
Nantucket, Massachusetts (Town), without monetary
consideration, all right, title, and interest of the United
States of America (United States) in and to a certain parcel
of land located in Nantucket, Massachusetts, and part of
United States Coast Guard LORAN Station Nantucket, together
with any improvements thereon in their then current
condition.
(2) Identification of property.--The Administrator or the
Commandant, as appropriate, shall identify, describe, and
determine the property to be conveyed under this section. The
Town shall bear all monetary costs associated with any survey
required to describe the property to be conveyed under this
section and any easements reserved by the United States under
subsection (b)(1).
(b) Terms and Conditions of Conveyance.--
(1) The conveyance of property under this section shall be
made subject to any terms and conditions the Administrator or
the Commandant, as appropriate, considers necessary,
including the reservation of easements and other rights on
behalf of the United States, to ensure that--
(A) there is reserved to the United States the right to
remove, relocate, or replace any aid to navigation located
upon, or install or construct any aid to navigation upon,
property conveyed under this section as may be necessary for
navigational purposes;
(B) the United States shall have the right to enter
property conveyed under this section at any time, without
notice, for purposes of operating, maintaining, and
inspecting any aid to navigation and for the purposes of
exercising any of the rights set forth in paragraph (1)(A) of
this subsection; and
[[Page H12268]]
(C) the Town shall not interfere or allow interference, in
any manner, with any aid to navigation, whether located upon
the property conveyed under this section or upon any portion
of LORAN Station Nantucket retained by the United States, nor
hinder activities required for the inspection, operation, and
maintenance of any such aid to navigation without the
Commandant's express written permission.
(2) The Town shall not convey, assign, exchange, or in any
way encumber the property conveyed under this section, unless
approved by the Administrator.
(3) The Town shall not conduct any commercial activities at
or upon the property conveyed under this section, unless
approved by the Administrator.
(4) The Town shall not be required to maintain any active
aid to navigation associated with the property conveyed under
this section except for private aids to navigation permitted
under 14 U.S.C. Sec. 83.
(5) The United States shall not convey any property under
this section, nor grant any real property license under
subsection (d), until the Town enters into an agreement with
the United States to relocate the Coast Guard receiving
antenna and associated equipment, as identified by the
Commandant, at the Town's sole cost and expense, and subject
to the Commandant's design specifications, project schedule,
and final project approval.
(6) The United States shall not convey any property under
this section, nor grant any real property license under
subsection (d), until the Town enters into an agreement with
the United States that provides that the Town will
immediately cease construction or operation of the waste
water treatment facility upon notification by the Commandant
that the Town's construction or operation of the facility
interferes with any Coast Guard aid to navigation. The
agreement shall provide that construction or operation shall
not be resumed until the conditions causing the interference
are corrected, and the Commandant authorizes the construction
or operation to resume.
(7) All conditions placed with the deed of title shall be
construed as covenants running with the land.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to this section, the
conveyance of property under this section shall include a
condition that the property conveyed, at the option of the
Administrator, shall revert to the United States and be
placed under the administrative control of the Administrator,
if--
(1) the Town conveys, assigns, exchanges, or in any manner
encumbers the property conveyed for consideration, unless
otherwise approved by the Administrator;
(2) the Town conducts any commercial activities at or upon
the property conveyed, unless otherwise approved by the
Administrator;
(3) the Town interferes or allows interference, in any
manner, with any aid to navigation, whether located upon the
property conveyed under this section or upon any portion of
LORAN Station Nantucket retained by the United States, nor
hinder activities required for the inspection, operation, and
maintenance of any such aid to navigation without the
Commandant's express written permission; or
(4) at least 30 days before the reversion, the
Administrator provides written notice to the grantee that
property conveyed under this section, or any portion thereof,
is needed for national security purposes.
(d) Real Property License.--Prior to the conveyance of any
property under this section, the Commandant may grant a real
property license to the Town for the purpose of allowing the
Town to enter upon LORAN Station Nantucket and commence
construction of a waste water treatment facility and for
other site preparation activities.
(e) Definitions.--For purposes of this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigation purposes, including but
not limited to, a light, antenna, sound signal, electronic
and radio navigation equipment and signals, cameras, sensors,
or other equipment operated or maintained by the United
States.
(2) Town.--The term ``Town'' includes the successors and
assigns of the Town of Nantucket, Massachusetts.
Sec. 1115. Conveyance of Plum Island Lighthouse,
Newburyport, Massachusetts. (a) Authority to Convey.--
(1) In general.--Notwithstanding any other law, the
Administrator of the General Services Administration
(Administrator) or the Commandant of the Coast Guard
(Commandant), as appropriate, shall convey to the City of
Newburyport, Massachusetts (City), without monetary
consideration, all right, title, and interest of the
United States of America (United States) in and to two
certain parcels of land upon which the Plum Island Boat
House and the Plum Island Lighthouse (also known as the
Newburyport Harbor Light), are situated, respectively,
located in Essex County, Massachusetts, together with any
improvements thereon in their then current condition.
(2) Identification of property.--The Administrator or the
Commandant, as appropriate, shall identify, describe, and
determine the property to be conveyed under this section,
including the right to retain all right, title, and interest
of the United States to any portion of either parcel
described in paragraph (a)(1) of this section. The
Administrator or Commandant, as appropriate, may retain all
right, title, and interest of the United States in and to any
historical artifact, including any lens or lantern, that is
associated with and located at the property conveyed under
this section at the time of conveyance. Artifacts associated
with, but not located at, the property conveyed under this
section at the time of conveyance, shall remain the personal
property of the United States under the administrative
control of the Commandant. No submerged lands shall be
conveyed under this section.
(b) Terms and Conditions of Conveyance.--
(1) The conveyance of property under this section shall be
made subject to any terms and conditions the Administrator or
the Commandant, as appropriate, considers necessary,
including but not limited to, the reservation of easements
and other rights on behalf of the United States, to ensure
that--
(A) the aids to navigation located at property conveyed
under this section shall remain the personal property of the
United States and continue to be operated and maintained by
the United States for as long as needed for navigational
purposes;
(B) there is reserved to the United States the right to
remove, relocate, or replace any aid to navigation located
upon, or install or construct any aid to navigation upon,
property conveyed under this section as may be necessary for
navigational purposes;
(C) the United States shall have the right to enter
property conveyed under this section at any time, without
notice, for purposes of operating, maintaining, and
inspecting any aid to navigation, for the purposes of
exercising any of the rights set forth in paragraph (1)(B) of
this subsection, and for the purposes of ingress and egress
to any land retained by the United States; and
(D) the City shall not, without the Commandant's express
written permission, interfere or allow interference, in any
manner, with any aid to navigation, nor hinder activities
required
(i) for the inspection, operation, and maintenance of any
aid to navigation; or
(ii) for the exercise of any of the rights set forth in
paragraph (1)(B) of this subsection.
(2) The City shall, at its own cost and expense, maintain
the property conveyed under this section in a proper,
substantial, and workmanlike manner.
(3) The City shall ensure that the property conveyed is
available and accessible to the public, on a reasonable basis
for educational, park, recreational, cultural, historic
preservation or similar purposes.
(4) The City shall not be required to maintain any active
aid to navigation associated with the property conveyed under
this section except for private aids to navigation permitted
under 14 U.S.C. Sec. 83.
(5) All conditions placed with the deed of title for
property conveyed under this section shall be construed as
covenants running with the land.
(6) The Administrator or the Commandant, as appropriate,
may require such additional terms and conditions with respect
to the conveyance of property under this section, as the
Administrator or the Commandant considers appropriate to
protect the interests of the United States.
(c) Reversionary Interest.--In addition to any term or
condition established pursuant to this section, any property
conveyed under this section, at the option of the
Administrator, shall revert to the United States and be
placed under the administrative control of the Administrator,
if--
(1) the property conveyed under this section, or any part
thereof, ceases to be maintained in a manner that ensures its
present or future use as a site for an aid to navigation as
determined by the Commandant;
(2) the property conveyed under this section, or any part
thereof, ceases to be available and accessible to the public,
on a reasonable basis, for educational, park, recreational,
cultural, historic preservation or similar purposes; or
(3) at least 30 days before the reversion, the
Administrator provides written notice to the grantee that
property conveyed under this section, or any portion thereof,
is needed for national security purposes.
(d) Definitions.--For purposes of this section:
(1) Aid to navigation.--The term ``aid to navigation''
means equipment used for navigation purposes, including but
not limited to, a light, antenna, sound signal, electronic
and radio navigation equipment and signals, cameras, sensors,
or other equipment operated or maintained by the United
States.
(2) City.--The term ``City'' includes the successors and
assigns of the City of Newburyport, Massachusetts.
Sec. 1116. Transfer of Coast Guard Station Scituate to the
National Oceanic and Atmospheric Administration. (a)
Authority to Transfer.--
(1) In general.--The Administrator of the General Services
Administration, in consultation with the Commandant, United
States Coast Guard, may transfer without consideration
administrative jurisdiction, custody, and control over the
Federal property known as Coast Guard Station Scituate to the
National Oceanic and Atmospheric Administration (hereinafter
referred to as ``NOAA'').
(2) Identification of property.--The Administrator, in
consultation with the Commandant, may identify, describe, and
determine the property to be transferred under this section.
(b) Terms of Transfer.--
(1) The transfer of the property shall be made subject to
any conditions and reservations the Commandant considers
necessary to ensure that--
(A) the transfer of the property to NOAA is contingent upon
the relocation of Coast Guard Station Scituate to a suitable
site;
(B) there is reserved to the Coast Guard the right to
remove, relocate, or replace any aid to navigation located
upon, or install any aid to navigation upon, the property
transferred under this section as may be necessary for
navigational purposes; and
(C) the Coast Guard shall have the right to enter the
property transferred under this section
[[Page H12269]]
at any time, without notice, for purposes of operating,
maintaining, and inspecting any aid to navigation.
(2) The transfer of the property shall be made subject to
the review and acceptance of the property by NOAA.
(c) Relocation of Station Scituate.--The Coast Guard may--
(1) lease land, including unimproved or vacant land, for a
term not to exceed 20 years, for the purpose of relocating
Coast Guard Station Scituate; and
(2) improve the land leased under this subsection.
Sec. 1117. Extension of Interim Authority for Dry Bulk
Cargo Residue Disposal. (a) Section 415(b)(2) of the Coast
Guard Authorization Act of 1998 is amended by striking
``2002'' and inserting ``2004''.
(b) The Secretary shall conduct a study of the
effectiveness of the United States 1997 Enforcement Policy
for Cargo Residues on the Great Lakes (``Policy'') by
September 30, 2002.
(c) The Secretary is authorized to promulgate regulations
to implement and enforce a program to regulate incidental
discharges from vessels of residues of non-hazardous and non-
toxic dry bulk cargo into the waters of the Great Lakes,
which takes into account the finding in the study required
under subsection (b). This program shall be consistent with
the Policy.
Sec. 1118. Great Lakes Pilotage Advisory Committee. Section
9307 of title 46, United States Code, is amended--
(1) by amending subparagraph (A) of subsection (b)(2) to
read as follows:
``(A) The President of each of the 3 Great Lakes pilotage
districts, or the President's representative;'';
(2) by amending subparagraph (E) of subsection (b)(2) to
read as follows:
``(E) a member with a background in finance or accounting,
who--
``(i) must have been recommended to the Secretary by a
unanimous vote of the other members of the Committee, and
``(ii) may be appointed without regard to requirement in
paragraph (1) that each member have 5 years of practical
experience in maritime operations.'';
(3) in subsection (C)(2) by striking the second sentence;
(4) by adding at the end of subsection (d) the following
new paragraph:
``(3) Any recommendations to the Secretary under subsection
(a)(2) must have been approved by at least all but one of the
members then serving on the committee.''; and
(5) in subsection (f)(1) by striking ``September 30, 2003''
and inserting ``September 30, 2005''.
Sec. 1119. Vessel Escort Operations and Towing Assistance.
(a) In General.--Except in the case of a vessel in distress,
only a vessel of the United States (as that term is defined
in section 2101 of title 46, United States Code) may perform
the following vessel escort operations and vessel towing
assistance within the navigable waters of the United States:
(1) Operations or assistance that commences or terminates
at a port or place in the United States.
(2) Operations or assistance required by United States law
or regulation.
(3) Operations provided in whole or in part for the purpose
of escorting or assisting a vessel within or through
navigation facilities owned, maintained, or operated by the
United States Government or the approaches to such
facilities, other than facilities operated by the St.
Lawrence Seaway Development Corporation on the St. Lawrence
River portion of the Seaway.
(b) Definitions.--Unless otherwise defined by a provision
of law or regulation requiring that towing assistance or
escort be rendered to vessels transiting United States waters
or navigation facilities, for purposes of this section--
(1) the term ``towing assistance'' means operations by an
assisting vessel in direct contact with an assisted vessel
(including hull-to-hull, by towline, including if only pre-
tethered, or made fast to that vessel by 1 or more lines) for
purposes of exerting force on the assisted vessel to control
or to assist in controlling the movement of the assisted
vessel; and
(2) the term ``escort operations'' means accompanying a
vessel for the purpose of providing towing or towing
assistance to the vessel.
Sec. 1120. Notwithstanding any other provision of law, the
Commandant of the United States Coast Guard is hereby
authorized to utilize $100,000 of the amounts made available
for fiscal year 2001 for environmental compliance and
restoration of Coast Guard facilities to reimburse the owner
of the former Coast Guard lighthouse facility at Cape May,
New Jersey, for costs incurred for clean-up of lead
contaminated soil at that facility.
Sec. 1121. Notwithstanding any other provision of law,
$2,400,000, to be derived from the Highway Trust Fund, shall
be available for planning, development and construction of
rural farm-to-market roads in Tulare County, California:
Provided, That the non-federal share of such improvements
shall be twenty percent.
Sec. 1122. Notwithstanding any other provision of law, and
subject to the availability of funds appropriated
specifically for the project, the Coast Guard is authorized
to transfer funds in an amount not to exceed $200,000 and
project management authority to the Traverse City Area Public
School District for the purposes of demolition and removal of
the structure commonly known as ``Building 402'' at former
Coast Guard property located in Traverse City, Michigan, and
associated site work. No such funds shall be transferred
until the Coast Guard receives a detailed, fixed price
estimate from the School District describing the nature and
cost of the work to be performed, and the Coast Guard shall
transfer only that amount of funds it and the School District
consider necessary to complete the project.
Sec. 1123. Notwithstanding any other provision of law, for
necessary expenses for Alabama A&M University buses and bus
facilities, $500,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available
until expended.
Sec. 1124. Notwithstanding any other provision of law,
prior to the fiscal year 2002 apportionment of ``Fixed
Guideway Modernization'' funds authorized under section
5309(a)(1)(E) of Title 49, United States Code, $7,047,502 of
funds made available in fiscal year 2002 by section 5338(b)
of 49 United States Code for the ``Fixed Guideway
Modernization'' program shall be distributed by the Federal
Transit Administration to an urbanized area over 200,000 that
did not receive amounts of fixed guideway modernization
formula grants to which such area was lawfully entitled for
fiscal years 1999-2001 in view of eligibility determinations
made under 49 United States Code Chapter 53 during the six
months prior to the effective date of this act: Provided,
That such sums shall not reduce a grantee's fiscal year 2002
apportionment level of ``Fixed Guideway Modernization''
funds: Provided further, That such sum remain available until
expended.
Sec. 1125. Notwithstanding any other provision of law,
Airport Improvement Program Formula Changes provided in
Public Law 106-181 and defined in Section 104 of that Act
shall be applied regardless of funding levels made available
under Section 48103 of title 49, United States Code.
Sec. 1126. Item number 473 contained in section 1602 of the
Transportation Equity Act for the 21st Century (112 Stat.
274), relating to Minnesota, is amended by striking ``between
I-35W and 24th Avenue to four lanes in Richfield'' and
inserting ``reconstruction project from Penn Avenue to 24th
Avenue, including the Penn Avenue Bridge over I-494''.
Sec. 1127. The Secretary of Transportation shall not issue
final regulations under section 20153 of title 49, United
States Code, before July 1, 2001.
Sec. 1128. Notwithstanding any other provision of law, in
addition to amounts made available in this Act or any other
Act, the following sums shall be made available from the
Highway Trust Fund (other than the Mass Transit Account):
$1,700,000 for transportation and community preservation
projects along the Main Street Corridor in Houston, Texas;
$5,000,000 for rehabilitation, repair, and restoration of
the historic Stillwater Lift Bridge between Stillwater,
Minnesota and Houlton, Wisconsin;
$1,000,000 for improvements to McClung Road, Boston Street,
Larson Street and Whirlpool Drive in the City of LaPorte,
Indiana; and
$1,000,000 for design, environmental mitigation,
engineering, and construction of, and improvements to, the US
36/Wadsworth interchange (Broomfield interchange) in
Broomfield County, Colorado:
Provided, That the amounts appropriated in this section shall
remain available until expended and shall not be subject to,
or computed against, any obligation limitation or contract
authority set forth in this or any other
CHAPTER 12
GENERAL SERVICES ADMINISTRATION
Real Property Activities
Federal Buildings Fund
For an additional amount to be deposited in, and to be used
for the purposes of, the Federal Buildings Fund of the
General Services Administration, $2,070,000: Provided, That
this amount shall be available for the purpose of renovating
and redeveloping portions of the historic Federal building
located at 30 North Seventh Street in Terre Haute, Indiana,
to accommodate the needs of Federal tenants: Provided
further, That use of these funds is subject to authorization
including the preparation and approval of a prospectus as
required by the Public Buildings Act of 1959, as amended.
DEPARTMENT OF THE TREASURY
United States Customs Service
Operations, Maintenance and Procurement, Air and Marine Interdiction
Programs
For an additional amount of $7,000,000, to remain available
until expended, for necessary expenses associated with
procurement of two aircraft and related equipment expenses
associated with aviation standardization and training at the
Customs National Aviation Center in Oklahoma City, Oklahoma:
Provided, That none of the funds provided shall be available
for obligation until an expenditure plan is submitted for
approval to the Committees on Appropriations.
CHAPTER 13
DEPARTMENT OF VETERANS AFFAIRS
Departmental Administration
Construction, Minor Projects
For an additional amount for ``Construction, minor
projects'', $8,840,000, to remain available until expended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
EMPOWERMENT ZONES/ENTERPRISE COMMUNITIES
For an additional amount for ``Empowerment zones and
enterprise communities'', $110,000,000, to remain available
until expended: Provided, That $185,000,000 shall be
available for urban empowerment zones, as authorized by the
Taxpayer Relief Act of 1997, including $12,333,333 for each
empowerment zone.
COMMUNITY DEVELOPMENT FUND
For an additional amount for ``Community development
fund'', $66,128,000 to remain available until September 30,
2003.
The referenced statement of the managers in the seventh
undesignated paragraph under this
[[Page H12270]]
heading in title II of the Departments of Veterans Affairs
and Housing and Urban Development, and Independent Agencies
Appropriations Act, 2001 (Public Law 106-377) is deemed to be
amended by striking ``West Dallas neighborhoods'' in
reference to improvement efforts by the Pleasant Wood/
Pleasant Grove Community Development Corporation, and
inserting ``the Pleasant Grove area'' in lieu thereof.
The unobligated amount appropriated in the third paragraph
under the heading ``Community development block grants'' in
Chapter 8 of title II of the Emergency Supplemental Act, 2000
(Public Law 106-246) for a grant to the City of Hamlet, North
Carolina for demolition and removal of buildings and
equipment destroyed by fire shall remain available until
September 30, 2002 for a grant for such purpose to the County
of Richmond, North Carolina.
The seventh paragraph under this heading in title II of
Public Law 106-377 is amended by striking ``$292,000,000''
and inserting in lieu thereof $358,128,000'': Provided, That
such funds shall be available for grants for the Economic
Development Initiative (EDI) to finance a variety of targeted
economic investments in accordance with the terms and
conditions specified in the statement of managers
accompanying this conference report.
DEPARTMENT OF THE TREASURY
Community Development Financial Institutions
Community Development Financial Institutions
Fund Program Account
Under this heading in Public Law 106-377, strike
``$8,750,000 may be used for administrative expenses,'', and
insert ``$9,750,000 may be used for administrative expenses,
including administration of the New Markets Tax Credit and
Individual Development Accounts,''.
Environmental Protection Agency
science and technology
For an additional amount for ``Science and technology'',
$1,000,000 for continuation of the South Bronx Air Pollution
Study being conducted by New York University.
environmental programs and management
The statement of the managers under this heading in title
III of the Departments of Veterans Affairs and Housing and
Urban Development, and Independent Agencies Appropriations
Act, 2001 (Public Law 106-377) is deemed to be amended by
inserting the word ``Valley'' after the words ``San
Bernardino'' in reference to a project identified as number
104 in such statement of the managers.
state and tribal assistance grants
Grants appropriated under this heading in Public Law 106-74
and Public Law 106-377 for drinking water infrastructure
needs in the New York City watershed shall be awarded under
section 1443(d) of the Safe Drinking Water Act, as amended.
The referenced statement of the managers under this heading
in Public Law 106-377 is deemed to be amended by striking all
after the words ``City of Liberty'' in reference to item
number 78, and inserting the words ``Town of Versailles,
Indiana for wastewater infrastructure improvements''.
Under this heading in title III of Public Law 106-377,
strike ``$335,740,000'' and insert ``$356,370,000'':
Provided, That such funds shall be for making grants for the
construction of wastewater and water treatment facilities and
groundwater protection infrastructure in accordance with the
terms and conditions specified for such grants in the
statement of managers accompanying Public Law 106-377 and
this conference report.
Federal Emergency Management Agency
emergency management planning and assistance
For an additional amount for ``Emergency management
planning and assistance'', $100,000,000, to remain available
through September 30, 2001, for programs as authorized by
section 33 of the Federal Fire Prevention and Control Act of
1974 (15 U.S.C. 2201 et seq.), as amended.
CHAPTER 14
General Provisions--This Division
Sec. 1401. H. Con. Res. 234 of the 106th Congress, as
adopted by the House of Representatives on November 18, 1999,
shall be considered to have been adopted by the Senate.
Sec. 1402. Section 3003(a)(1) of the Federal Reports
Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) does
not apply to any report required to be submitted under any of
the following provisions of law:
(1) Sections 1105(a), 1106(a) and (b), and 1109(a) of title
31, United States Code, and any other law relating to the
budget of the United States Government.
(2) The Balanced Budget and Emergency Deficit Control Act
of 1985 (2 U.S.C. 900 et seq.).
(3) Sections 202(e)(1) and (3) of the Congressional Budget
Act of 1974 (2 U.S.C. 602(e)(1) and (3)).
(4) Section 1014(e) of the Congressional Budget and
Impoundment Control Act of 1974 (2 U.S.C. 685(e)).
Sec. 1403. (a) Government-Wide Rescissions.--There is
hereby rescinded an amount equal to 0.22 percent of the
discretionary budget authority provided (or obligation limit
imposed) for fiscal year 2001 in this or any other Act for
each department, agency, instrumentality, or entity of the
Federal Government, except for those programs, projects, and
activities which are specifically exempted elsewhere in this
provision: Provided, That this exact reduction percentage
shall be applied on a pro rata basis only to each program,
project, and activity subject to the rescission.
(b) Restrictions.--This reduction shall not be applied to
the amounts appropriated in Title I of Public Law 106-259:
Provided, That this reduction shall not be applied to the
amounts appropriated in Division B of Public Law 106-246:
Provided further, That this reduction shall not be applied to
the amounts appropriated under the Departments of Labor,
Health and Human Services, and Education, and Related
Agencies Appropriations Act, 2001, as contained in this Act,
or in prior Acts.
(c) Report.--The Director of the Office of Management and
Budget shall include in the President's budget submitted for
fiscal year 2002 a report specifying the reductions made to
each account pursuant to this section.
DIVISION B
TITLE I
Sec. 101. Eligibility of Private Organizations Under Child
and Adult Care Food Program. (a) Section 17(a)(2)(B) of the
Richard B. Russell National School Lunch Act (42 U.S.C.
1766(a)(2)(B)) is amended by striking ``children for which
the'' and inserting ``children, if--
``(i) during the period beginning on the date of enactment
of this clause and ending on September 30, 2001, at least 25
percent of the children served by the organization meet the
income eligibility criteria established under section 9(b)
for free or reduced price meals; or
``(ii) the''.
(b) Emergency Requirement.--
(1) In general.--The entire amount necessary to carry out
this section shall be available only to the extent that an
official budget request for the entire amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 102. Summer Food Pilot Projects. (a) Section 18 of the
Richard B. Russell National School Lunch Act (42 U.S.C. 1769)
is amended by adding at the end the following:
``(f) Summer Food Pilot Projects.--
``(1) Definition of eligible state.--In this subsection,
the term `eligible State' means a State in which (based on
data available in July 2000)--
``(A) the percentage obtained by dividing--
``(i) the sum of--
``(I) the average daily number of children attending the
summer food service program in the State in July 1999; and
``(II) the average daily number of children receiving free
or reduced price meals under the school lunch program in the
State in July 1999; by
``(ii) the average daily number of children receiving free
or reduced price meals under the school lunch program in the
State in March 1999; is less than 50 percent of
``(B) the percentage obtained by dividing--
``(i) the sum of--
``(I) the average daily number of children attending the
summer food service program in all States in July 1999; and
``(II) the average daily number of children receiving free
or reduced price meals under the school lunch program in all
States in July 1999; by
``(ii) the average daily number of children receiving free
or reduced price meals under the school lunch program in all
States in March 1999.
``(2) Pilot projects.--During the period of fiscal years
2001 through 2003, the Secretary shall carry out a summer
food pilot project in each eligible State to increase the
number of children participating in the summer food service
program in the State.
``(3) Support levels for service institutions.--
``(A) Food service.--Under the pilot project, a service
institution (other than a service institution described in
section 13(a)(7)) in an eligible State shall receive the
maximum amounts for food service under section 13(b)(1)
without regard to the requirement under section 13(b)(1)(A)
that payments shall equal the full cost of food service
operations.
``(B) Administrative costs.--Under the pilot project, a
service institution (other than a service institution
described in section 13(a)(7)) in an eligible State shall
receive the maximum amounts for administrative costs
determined by the Secretary under section 13(b)(4) without
regard to the requirement under section 13(b)(3) that
payments to service institutions shall equal the full amount
of State-approved administrative costs incurred.
``(C) Compliance.--A service institution that receives
assistance under this subsection shall comply with all
provisions of section 13 other than subsections (b)(1)(A) and
(b)(3) of section 13.
``(4) Maintenance of effort.--Expenditures of funds from
State and local sources for maintenance of a summer food
service program shall not be diminished as a result of
assistance from the Secretary received under this subsection.
``(5) Evaluation of pilot projects.--
``(A) In general.--The Secretary, acting through the
Administrator of the Food and Nutrition Service, shall
conduct an evaluation of the pilot project.
``(B) Content.--An evaluation under this paragraph shall
describe--
``(i) any effect on participation by children and service
institutions in the summer food service program in the
eligible State in which the pilot project is carried out;
``(ii) any effect of the pilot project on the quality of
the meals and supplements served in the eligible State in
which the pilot project is carried out; and
``(iii) any effect of the pilot project on program
integrity.
[[Page H12271]]
``(6) Reports.--
``(A) Interim report.--Not later than December 1, 2002, the
Secretary shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate an
interim report that describes the status of, and any progress
made by, each pilot project being carried out under this
subsection as of the date of submission of the report.
``(B) Final report.--Not later than April 30, 2004, the
Secretary shall submit to the Committee on Education and the
Workforce of the House of Representatives and the Committee
on Agriculture, Nutrition, and Forestry of the Senate a final
report that includes--
``(i) the evaluations completed by the Secretary under
paragraph (5); and
``(ii) any recommendations of the Secretary concerning the
pilot projects.''.
(b) Emergency Requirement.--
(1) In general.--The entire amount necessary to carry out
this section shall be available only to the extent that an
official budget request for the entire amount, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress.
(2) Designation.--The entire amount necessary to carry out
this section is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of such Act.
Sec. 103. (a) In General.--The Secretary of the Interior
shall conduct a feasibility study for a Sacramento River,
California, diversion project that is consistent with the
Water Forum Agreement among the members of the Sacramento,
California, Water Forum dated April 24, 2000, and that
considers--
(1) consolidation of several of the Natomas Central Mutual
Water Company's diversions;
(2) upgrading fish screens at the consolidated diversion;
(3) the diversion of 35,000 acre feet of water by the
Placer County Water Agency;
(4) the diversion of 29,000 acre feet of water for delivery
to the Northridge Water District;
(5) the potential to accommodate other diversions of water
from the Sacramento River, subject to additional negotiations
and agreement among Water Forum signatories and potentially
affected parties upstream on the Sacramento River; and
(6) an inter-tie between the diversions referred to in
paragraphs (3), (4), and (5) with the Northridge Water
District's pipeline that delivers water from the American
River.
(b) Required Components.--The feasibility study shall
include--
(1) the development of a range of reasonable options;
(2) an environmental evaluation; and
(3) consultation with Federal and State resource management
agencies regarding potential impacts and mitigation measures.
(c) Water Supply Impact Alternatives.--The study authorized
by this section shall include a range of alternatives, all of
which would investigate options that could reduce to
insignificance any water supply impact on water users in the
Sacramento River watershed, including Central Valley Project
contractors, from any delivery of water out of the Sacramento
River as referenced in subsection (a). In evaluating the
alternatives, the study shall consider water supply
alternatives that would increase water supply for, or in, the
Sacramento River watershed. The study should be coordinated
with the CALFED program and take advantage of information
already developed within that program to investigate water
supply increase alternatives. Where the alternatives
evaluated are in addition to or different from the existing
CALFED alternatives, such information should be clearly
identified.
(d) Habitat Management Planning Grants.--The Secretary of
the Interior, subject to the availability of appropriations,
is authorized and directed to provide grants to support local
habitat management planning efforts undertaken as part of the
consultation described in subsection (b)(3) in the form of
matching funds up to $5,000,000.
(e) Report.--The Secretary of the Interior shall provide a
report to the Committee on Resources of the United States
House of Representatives and to the Committee on Energy and
Natural Resources of the United States Senate within twenty-
four months from the date of enactment of this Act on the
results of the study identified in subsection (a).
(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of the Interior to carry
out this section $10,000,000, which may remain available
until expended, of which--
(1) $5,000,000 shall be for the feasibility study under
subsection (a); and
(2) $5,000,000 shall be for the habitat management planning
grants under subsection (d).
(g) Limitation on Construction.--This section does not and
shall not be interpreted to authorize construction of any
facilities.
Sec. 104. Ten- and Fifteen-Mile Bayous, Arkansas. The
project for flood control, Saint Francis River Basin,
Missouri and Arkansas, authorized by section 204 of the Flood
Control Act of 1950 (64 Stat. 172), is modified to expand the
boundaries of the project to include Ten- and Fifteen-Mile
Bayous near West Memphis, Arkansas. Notwithstanding section
103(f) of the Water Resources Development Act of 1986 (100
Stat. 4086), the flood control work at Ten- and Fifteen-Mile
Bayous shall not be considered separable elements of the
project.
Sec. 105. In accordance with section 102(l) of the Water
Resources Development Act of 1990 (104 Stat. 4613), the
Secretary of the Army, acting through the Chief of Engineers,
is authorized and directed to enter into an agreement to
permit the City of Alton, Illinois to construct the
authorized recreational facilities and to reimburse the City
of Alton, Illinois for the Federal share of these cost-shared
recreation facilities as usable segments are completed.
Sec. 106. Truckee Watershed Reclamation Project. (a)
Authorization.--The Secretary of the Interior, in cooperation
with Washoe County, Nevada, may participate in the design,
planning, and construction of the Truckee watershed
reclamation project, consisting of the North Valley reuse
project and the Spanish Springs Valley septic conversion
project, to reclaim and reuse wastewater (including degraded
groundwater) within and without the service area of Washoe
County, Nevada.
(b) Cost Share.--The Federal share of the cost of the
project described in subsection (a) shall not exceed 25
percent of the total cost of the project.
(c) Limitation.--Funds provided by the Secretary shall not
be used for the operation or maintenance of the project
described in subsection (a).
(d) Reclamation Wastewater and Groundwater Study and
Facilities Act.--
(1) Design, planning, and construction.--Design, planning,
and construction of the project described in subsection (a)
shall be in accordance with, and subject to the limitations
contained in, the Reclamation Wastewater and Groundwater
Study and Facilities Act (43 U.S.C. 390h et seq.).
(2) Funding.--Funds made available under section 1631 of
the Reclamation Wastewater and Groundwater Study and
Facilities Act (43 U.S.C. 390h-13) may be used to pay the
Federal share of the cost of the project.
Sec. 107. The project for navigation, Tampa Harbor,
Florida, authorized by section 4 of the Rivers and Harbors
Act of September 22, 1922 (42 Stat. 1042), is modified to
authorize the Secretary of the Army to deepen and widen the
Alafia Channel in accordance with the plans described in the
Draft Feasibility Report, Alafia River, Tampa Harbor,
Florida, dated May 2000, at a total cost of $61,592,000, with
an estimated Federal cost of $39,621,000 and an estimated
non-Federal cost of $21,971,000.
Sec. 108. Environmental Infrastructure. (a) Technical,
Planning, and Design Assistance.--Section 219(c) of the Water
Resources Development Act of 1992 (106 Stat. 4835) is amended
by adding at the end the following:
``(19) Marana, arizona.--Wastewater treatment and
distribution infrastructure, Marana, Arizona.
``(20) Eastern arkansas enterprise community, arkansas.--
Water-related infrastructure, Eastern Arkansas Enterprise
Community, Cross, Lee, Monroe, and St. Francis Counties,
Arkansas.
``(21) Chino hills, california.--Storm water and sewage
collection infrastructure, Chino Hills, California.
``(22) Clear lake basin, california.--Water-related
infrastructure and resource protection, Clear Lake Basin,
California.
``(23) Desert hot springs, california.--Resource protection
and wastewater infrastructure, Desert Hot Springs,
California.
``(24) Eastern municipal water district, california.--
Regional water-related infrastructure, Eastern Municipal
Water District, California.
``(25) Huntington beach, california.--Water supply and
wastewater infrastructure, Huntington Beach, California.
``(26) Inglewood, california.--Water infrastructure,
Inglewood, California.
``(27) Los osos community service district, california.--
Wastewater infrastructure, Los Osos Community Service
District, California.
``(28) Norwalk, california.--Water-related infrastructure,
Norwalk, California.
``(29) Key biscayne, florida.--Sanitary sewer
infrastructure, Key Biscayne, Florida.
``(30) South tampa, florida.--Water supply and aquifer
storage and recovery infrastructure, South Tampa, Florida.
``(31) Fort wayne, indiana.--Combined sewer overflow
infrastructure and wetlands protection, Fort Wayne, Indiana.
``(32) Indianapolis, indiana.--Combined sewer overflow
infrastructure, Indianapolis, Indiana.
``(33) St. charles, st. bernard, and plaquemines parishes,
louisiana.--Water and wastewater infrastructure, St. Charles,
St. Bernard, and Plaquemines Parishes, Louisiana.
``(34) St. john the baptist and st. james parishes,
louisiana.--Water and sewer improvements, St. John the
Baptist and St. James Parishes, Louisiana.
``(35) Union county, north carolina.--Water infrastructure,
Union County, North Carolina.
``(36) Hood river, oregon.--Water transmission
infrastructure, Hood River, Oregon.
``(37) Medford, oregon.--Sewer collection infrastructure,
Medford, Oregon.
``(38) Portland, oregon.--Water infrastructure and resource
protection, Portland, Oregon.
``(39) Coudersport, pennsylvania.--Sewer system extensions
and improvements, Coudersport, Pennsylvania.
``(40) Park city, utah.--Water supply infrastructure, Park
City, Utah.
(b) Authorization of Appropriations for Technical,
Planning, and Design Assistance.--Section 219(d) of the Water
Resources Development Act of 1992 (106 Stat. 4836) is amended
by striking ``$5,000,000'' and inserting ``$30,000,000''.
(c) Modification of Authorizations for Environmental
Projects.--Section 219 of the Water Resources Development Act
of 1992 (106 Stat. 4835; 106 Stat. 3757; 113 Stat. 334) is
amended--
(1) in subsection (e)(6) by striking ``$20,000,000'' and
inserting ``$30,000,000'';
(2) in subsection (f)(4) by striking ``$15,000,000'' and
inserting ``$35,000,000'';
[[Page H12272]]
(3) in subsection (f)(21) by striking ``$10,000,000'' and
inserting ``$20,000,000'';
(4) in subsection (f)(25) by striking ``$5,000,000'' and
inserting ``$15,000,000'';
(5) in subsection (f)(30) by striking ``$10,000,000'' and
inserting ``$20,000,000'';
(6) in subsection (f)(43) by striking ``$15,000,000'' and
inserting ``$35,000,000''.
(d) Additional Assistance for Critical Resource Projects.--
Section 219(f) of the Water Resources Development Act of 1992
(106 Stat. 4835; 113 Stat. 335) is amended by adding at the
end the following:
``(45) Washington, d.c., and maryland.--$15,000,000 for the
project described in subsection (c)(1), modified to include
measures to eliminate or control combined sewer overflows in
the Anacostia River watershed.
``(46) Duck river, cullman, alabama.--$5,000,000 for water
supply infrastructure, Duck River, Cullman, Alabama.
``(47) Union county, arkansas.--$52,000,000 for water
supply infrastructure, including facilities for withdrawal,
treatment, and distribution, Union County, Arkansas.
``(48) Cambria, california.--$10,300,000 for desalination
infrastructure, Cambria, California.
``(49) Los angeles harbor/terminal island, california.--
$6,500,000 for wastewater recycling infrastructure, Los
Angeles Harbor/Terminal Island, California.
``(50) North valley region, lancaster, california.--
$14,500,000 for water infrastructure, North Valley Region,
Lancaster, California.
``(51) San diego county, california.--$10,000,000 for
water-related infrastructure, San Diego County, California.
``(52) South perris, california.--$25,000,000 for water
supply desalination infrastructure, South Perris, California.
``(53) Aurora, illinois.--$8,000,000 for wastewater
infrastructure to reduce or eliminate combined sewer
overflows, Aurora, Illinois.
``(54) Cook county, illinois.--$35,000,000 for water-
related infrastructure and resource protection and
development, Cook County, Illinois.
``(55) Madison and st. clair counties, illinois.--
$10,000,000 for water and wastewater assistance, Madison and
St. Clair Counties, Illinois.
``(56) Iberia parish, louisiana.--$5,000,000 for water and
wastewater infrastructure, Iberia Parish, Louisiana.
``(57) Kenner, louisiana.--$5,000,000 for wastewater
infrastructure, Kenner, Louisiana.
``(58) Benton harbor, michigan.--$1,500,000 for water
related infrastructure, City of Benton Harbor, Michigan.''
``(59) Genesee county, michigan.--$6,700,000 for wastewater
infrastructure assistance to reduce or eliminate sewer
overflows, Genessee County, Michigan.
``(60) Negaunee, michigan.--$10,000,000 for wastewater
infrastructure assistance, City of Negaunee, Michigan.''.
``(61) Garrison and kathio township, minnesota.--
$11,000,000 for a wastewater infrastructure project for the
city of Garrison and Kathio Township, Minnesota.
``(62) Newton, new jersey.--$7,000,000 for water filtration
infrastructure, Newton, New Jersey.
``(63) Liverpool, new york.--$2,000,000 for water
infrastructure, including a pump station, Liverpool, New
York.
``(64) Stanly county, north carolina.--$8,900,000 for
wastewater infrastructure, Stanly County, North Carolina.
``(65) Yukon, oklahoma.--$5,500,000 for water-related
infrastructure, including wells, booster stations, storage
tanks, and transmission lines, Yukon, Oklahoma.
``(66) Allegheny county, pennsylvania.--$20,000,000 for
water-related environmental infrastructure, Allegheny County,
Pennsylvania.
``(67) Mount joy township and conewago township,
pennsylvania.--$8,300,000 for water and wastewater
infrastructure, Mount Joy Township and Conewago Township,
Pennsylvania.
``(68) Phoenixville borough, chester county,
pennsylvania.--$2,400,000 for water and sewer infrastructure,
Phoenixville Borough, Chester County, Pennsylvania.
``(69) Titusville, pennsylvania.--$7,300,000 for storm
water separation and treatment plant upgrades, Titusville,
Pennsylvania.
``(70) Washington, greene, westmoreland, and fayette
counties, pennsylvania.--$8,000,000 for water and wastewater
infrastructure, Washington, Greene, Westmoreland, and Fayette
Counties, Pennsylvania.''.
Sec. 109. Florida Keys Water Quality Improvements. (a) In
General.--In coordination with the Florida Keys Aqueduct
Authority, appropriate agencies of municipalities of Monroe
County, Florida, and other appropriate public agencies of the
State of Florida or Monroe County, the Secretary of the Army
may provide technical and financial assistance to carry out
projects for the planning, design, and construction of
treatment works to improve water quality in the Florida Keys
National Marine Sanctuary.
(b) Criteria for Projects.--Before entering into a
cooperation agreement to provide assistance with respect to a
project under this section, the Secretary shall ensure that--
(1) the non-Federal sponsor has completed adequate planning
and design activities, as applicable;
(2) the non-Federal sponsor has completed a financial plan
identifying sources of non-Federal funding for the project;
(3) the project complies with--
(A) applicable growth management ordinances of Monroe
County, Florida;
(B) applicable agreements between Monroe County, Florida,
and the State of Florida to manage growth in Monroe County,
Florida; and
(C) applicable water quality standards; and
(4) the project is consistent with the master wastewater
and stormwater plans for Monroe County, Florida.
(c) Consideration.--In selecting projects under subsection
(a), the Secretary shall consider whether a project will have
substantial water quality benefits relative to other projects
under consideration.
(d) Consultation.--In carrying out this section, the
Secretary shall consult with--
(1) the Water Quality Steering Committee established under
section 8(d)(2)(A) of the Florida Keys National Marine
Sanctuary and Protection Act (106 Stat. 5054);
(2) the South Florida Ecosystem Restoration Task Force
established by section 528(f) of the Water Resources
Development Act of 1996 (110 Stat. 3771-3773);
(3) the Commission on the Everglades established by
executive order of the Governor of the State of Florida; and
(4) other appropriate State and local government officials.
(e) Non-Federal Share.--
(1) In general.--The non-Federal share of the cost of a
project carried out under this section shall be 35 percent.
(2) Credit.--
(A) In general.--The Secretary may provide the non-Federal
interest credit toward cash contributions required--
(i) before and during the construction of the project, for
the costs of planning, engineering, and design, and for the
construction management work that is performed by the non-
Federal interest and that the Secretary determines is
necessary to implement the project; and
(ii) during the construction of the project, for the
construction that the non-Federal interest carries out on
behalf of the Secretary and that the Secretary determines is
necessary to carry out the project.
(B) Treatment of credit between projects.--Any credit
provided under this paragraph may be carried over between
authorized projects.
(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $100,000,000.
Such sums shall remain available until expended.
Sec. 110. San Gabriel Basin, California. (a) San Gabriel
Basin Restoration.--
(1) Establishment of fund.--There shall be established
within the Treasury of the United States an interest bearing
account to be known as the San Gabriel Basin Restoration Fund
(in this section referred to as the ``Restoration Fund'').
(2) Administration of fund.--The Restoration Fund shall be
administered by the Secretary of the Army, in cooperation
with the San Gabriel Basin Water Quality Authority or its
successor agency.
(3) Purposes of fund.--
(A) In general.--Subject to subparagraph (B), the amounts
in the Restoration Fund, including interest accrued, shall be
utilized by the Secretary--
(i) to design and construct water quality projects to be
administered by the San Gabriel Basin Water Quality Authority
and the Central Basin Water Quality Project to be
administered by the Central Basin Municipal Water District;
and
(ii) to operate and maintain any project constructed under
this section for such period as the Secretary determines, but
not to exceed 10 years, following the initial date of
operation of the project.
(B) Cost-sharing limitation.--
(i) In general.--The Secretary may not obligate any funds
appropriated to the Restoration Fund in a fiscal year until
the Secretary has deposited in the Fund an amount provided by
non-Federal interests sufficient to ensure that at least 35
percent of any funds obligated by the Secretary are from
funds provided to the Secretary by the non-Federal interests.
(ii) Non-federal responsibility.--The San Gabriel Basin
Water Quality Authority shall be responsible for providing
the non-Federal amount required by clause (i). The State
of California, local government agencies, and private
entities may provide all or any portion of such amount.
(b) Compliance With Applicable Law.--In carrying out the
activities described in this section, the Secretary shall
comply with any applicable Federal and State laws.
(c) Relationship to Other Activities.--Nothing in this
section shall be construed to affect other Federal or State
authorities that are being used or may be used to facilitate
the cleanup and protection of the San Gabriel and Central
groundwater basins. In carrying out the activities described
in this section, the Secretary shall integrate such
activities with ongoing Federal and State projects and
activities. None of the funds made available for such
activities pursuant to this section shall be counted against
any Federal authorization ceiling established for any
previously authorized Federal projects or activities.
(d) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Restoration Fund established under subsection (a)
$85,000,000. Such funds shall remain available until
expended.
(2) Set-aside.--Of the amounts appropriated under paragraph
(1), no more than $10,000,000 shall be available to carry out
the Central Basin Water Quality Project.
(e) Adjustment.--Of the $25,000,000 made available for San
Gabriel Basin Groundwater Restoration, California, under the
heading ``Construction, General'' in title I of the Energy
and Water Development Appropriations Act, 2001--
(1) $2,000,000 shall be available only for studies and
other investigative activities and planning and design of
projects determined by the Secretary to offer a long-term
solution to the problem of groundwater contamination caused
by perchlorates at sites located in the city of Santa
Clarita, California; and
[[Page H12273]]
(2) $23,000,000 shall be deposited in the Restoration Fund,
of which $4,000,000 shall be used for remediation in the
Central Basin, California.
Sec. 111. Perchlorate. (a) In General.--The Secretary of
the Army, in cooperation with Federal, State, and local
government agencies, may participate in studies and other
investigative activities and in the planning and design of
projects determined by the Secretary to offer a long-term
solution to the problem of groundwater contamination caused
by perchlorates.
(b) Investigations and Projects.--
(1) Bosque and leon rivers.--The Secretary, in coordination
with other Federal agencies and the Brazos River Authority,
shall participate under subsection (a) in investigations and
projects in the Bosque and Leon River watersheds in Texas to
assess the impact of the perchlorate associated with the
former Naval ``Weapons Industrial Reserve Plant'' at
McGregor, Texas.
(2) Caddo lake.--The Secretary, in coordination with other
Federal agencies and the Northeast Texas Municipal Water
District, shall participate under subsection (a) in
investigations and projects relating to perchlorate
contamination in Caddo Lake, Texas.
(3) Eastern santa clara basin.--The Secretary, in
coordination with other Federal, State, and local government
agencies, shall participate under subsection (a) in
investigations and projects related to sites that are sources
of perchlorates and that are located in the city of Santa
Clarita, California.
(c) Authorization of Appropriations.--For the purposes of
carrying out this section, there is authorized to be
appropriated to the Secretary $25,000,000, of which not to
exceed $8,000,000 shall be available to carry out subsection
(b)(1), not to exceed $3,000,000 shall be available to carry
out subsection (b)(2), and not to exceed $7,000,000 shall be
available to carry out subsection (b)(3).
Sec. 112. Wet Weather Water Quality. (a) Combined Sewer
Overflows.--Section 402 of the Federal Water Pollution
Control Act (33 U.S.C. 1342) is amended by adding at the end
the following:
``(q) Combined Sewer Overflows.--
``(1) Requirement for permits, orders, and decrees.--Each
permit, order, or decree issued pursuant to this Act after
the date of enactment of this subsection for a discharge from
a municipal combined storm and sanitary sewer shall conform
to the Combined Sewer Overflow Control Policy signed by the
Administrator on April 11, 1994 (in this subsection referred
to as the `CSO control policy').
``(2) Water quality and designated use review guidance.--
Not later than July 31, 2001, and after providing notice and
opportunity for public comment, the Administrator shall issue
guidance to facilitate the conduct of water quality and
designated use reviews for municipal combined sewer
overflow receiving waters.
``(3) Report.--Not later than September 1, 2001, the
Administrator shall transmit to Congress a report on the
progress made by the Environmental Protection Agency, States,
and municipalities in implementing and enforcing the CSO
control policy.''.
(b) Wet Weather Pilot Program.--Title I of the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended by adding at the end the following:
``SEC. 121. WET WEATHER WATERSHED PILOT PROJECTS.
``(a) In General.--The Administrator, in coordination with
the States, may provide technical assistance and grants for
treatment works to carry out pilot projects relating to the
following areas of wet weather discharge control:
``(1) Watershed management of wet weather discharges.--The
management of municipal combined sewer overflows, sanitary
sewer overflows, and stormwater discharges, on an integrated
watershed or subwatershed basis for the purpose of
demonstrating the effectiveness of a unified wet weather
approach.
``(2) Stormwater best management practices.--The control of
pollutants from municipal separate storm sewer systems for
the purpose of demonstrating and determining controls that
are cost-effective and that use innovative technologies in
reducing such pollutants from stormwater discharges.
``(b) Administration.--The Administrator, in coordination
with the States, shall provide municipalities participating
in a pilot project under this section the ability to engage
in innovative practices, including the ability to unify
separate wet weather control efforts under a single permit.
``(c) Funding.--
``(1) In general.--There is authorized to be appropriated
to carry out this section $10,000,000 for fiscal year 2002,
$15,000,000 for fiscal year 2003, and $20,000,000 for fiscal
year 2004. Such funds shall remain available until expended.
``(2) Stormwater.--The Administrator shall make available
not less than 20 percent of amounts appropriated for a fiscal
year pursuant to this subsection to carry out the purposes of
subsection (a)(2).
``(3) Administrative expenses.--The Administrator may
retain not to exceed 4 percent of any amounts appropriated
for a fiscal year pursuant to this subsection for the
reasonable and necessary costs of administering this section.
``(d) Report to Congress.--Not later than 5 years after the
date of enactment of this section, the Administrator shall
transmit to Congress a report on the results of the pilot
projects conducted under this section and their possible
application nationwide.''.
(c) Sewer Overflow Control Grants.--Title II of the Federal
Water Pollution Control Act (33 U.S.C. 1342 et seq.) is
amended by adding at the end the following:
``SEC. 221. SEWER OVERFLOW CONTROL GRANTS.
``(a) In General.--In any fiscal year in which the
Administrator has available for obligation at least
$1,350,000,000 for the purposes of section 601--
``(1) the Administrator may make grants to States for the
purpose of providing grants to a municipality or municipal
entity for planning, design, and construction of treatment
works to intercept, transport, control, or treat municipal
combined sewer overflows and sanitary sewer overflows; and
``(2) subject to subsection (g), the Administrator may make
a direct grant to a municipality or municipal entity for the
purposes described in paragraph (1).
``(b) Prioritization.--In selecting from among
municipalities applying for grants under subsection (a), a
State or the Administrator shall give priority to an
applicant that--
``(1) is a municipality that is a financially distressed
community under subsection (c);
``(2) has implemented or is complying with an
implementation schedule for the 9 minimum controls specified
in the CSO control policy referred to in section 402(q)(1)
and has begun implementing a long-term municipal combined
sewer overflow control plan or a separate sanitary sewer
overflow control plan; or
``(3) is requesting a grant for a project that is on a
State's intended use plan pursuant to section 606(c); or
``(4) is an Alaska Native Village.
``(c) Financially Distressed Community.--
``(1) Definition.--In subsection (b), the term `financially
distressed community' means a community that meets
affordability criteria established by the State in which the
community is located, if such criteria are developed after
public review and comment.
``(2) Consideration of impact on water and sewer rates.--In
determining if a community is a distressed community for the
purposes of subsection (b), the State shall consider, among
other factors, the extent to which the rate of growth of a
community's tax base has been historically slow such that
implementing a plan described in subsection (b)(2) would
result in a significant increase in any water or sewer rate
charged by the community's publicly owned wastewater
treatment facility.
``(3) Information to assist states.--The Administrator may
publish information to assist States in establishing
affordability criteria under paragraph (1).
``(d) Cost Sharing.--The Federal share of the cost of
activities carried out using amounts from a grant made under
subsection (a) shall be not less than 55 percent of the cost.
The non-Federal share of the cost may include, in any amount,
public and private funds and in-kind services, and may
include, notwithstanding section 603(h), financial
assistance, including loans, from a State water pollution
control revolving fund.
``(e) Administrative Reporting Requirements.--If a project
receives grant assistance under subsection (a) and loan
assistance from a State water pollution control revolving
fund and the loan assistance is for 15 percent or more of the
cost of the project, the project may be administered in
accordance with State water pollution control revolving fund
administrative reporting requirements for the purposes of
streamlining such requirements.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $750,000,000 for
each of fiscal years 2002 and 2003. Such sums shall remain
available until expended.
``(g) Allocation of Funds.--
``(1) Fiscal year 2002.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2002 for making grants to
municipalities and municipal entities under subsection
(a)(2), in accordance with the criteria set forth in
subsection (b).
``(2) Fiscal year 2003.--Subject to subsection (h), the
Administrator shall use the amounts appropriated to carry out
this section for fiscal year 2003 as follows:
``(A) Not to exceed $250,000,000 for making grants to
municipalities and municipal entities under subsection
(a)(2), in accordance with the criteria set forth in
subsection (b).
``(B) All remaining amounts for making grants to States
under subsection (a)(1), in accordance with a formula to be
established by the Administrator, after providing notice and
an opportunity for public comment, that allocates to each
State a proportional share of such amounts based on the total
needs of the State for municipal combined sewer overflow
controls and sanitary sewer overflow controls identified in
the most recent survey conducted pursuant to section
516(b)(1).
``(h) Administrative Expenses.--Of the amounts appropriated
to carry out this section for each fiscal year--
``(1) the Administrator may retain an amount not to exceed
1 percent for the reasonable and necessary costs of
administering this section; and
``(2) the Administrator, or a State, may retain an amount
not to exceed 4 percent of any grant made to a municipality
or municipal entity under subsection (a), for the reasonable
and necessary costs of administering the grant.
``(i) Reports.--Not later than December 31, 2003, and
periodically thereafter, the Administrator shall transmit to
Congress a report containing recommended funding levels for
grants under this section. The recommended funding levels
shall be sufficient to ensure the continued expeditious
implementation of municipal combined sewer overflow and
sanitary sewer overflow controls nationwide.''.
(d) Information on CSOS and SSOS.--
(1) Report to congress.--Not later than 3 years after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall transmit to Congress a
report summarizing--
[[Page H12274]]
(A) the extent of the human health and environmental
impacts caused by municipal combined sewer overflows and
sanitary sewer overflows, including the location of
discharges causing such impacts, the volume of pollutants
discharged, and the constituents discharged;
(B) the resources spent by municipalities to address these
impacts; and
(C) an evaluation of the technologies used by
municipalities to address these impacts.
(2) Technology clearinghouse.--After transmitting a report
under paragraph (1), the Administrator shall maintain a
clearinghouse of cost-effective and efficient technologies
for addressing human health and environmental impacts due to
municipal combined sewer overflows and sanitary sewer
overflows.
Sec. 113. Fish Passage Devices at New Savannah Bluff Lock
and Dam, South Carolina. Section 348(l)(2) of the Water
Resources Development Act of 2000 is amended--
(1) in subparagraph (A), by striking ``Dam, at Federal
expense of an estimated $5,300,000'' and inserting ``Dam and
construct appropriate fish passage devices at the Dam, at
Federal expense''; and
(2) in subparagraph (B), by striking ``after repair and
rehabilitation,'' and inserting ``after carrying out
subparagraph (A),''.
Sec. 114. (a) Extinguishment of Reversionary Interests and
Use Restrictions.--With respect to the lands described in the
deed described in subsection (b)--
(1) the reversionary interests and the use restrictions
relating to port or industrial purposes are extinguished;
(2) the human habitation or other building structure use
restriction is extinguished in each area where the elevation
is above the standard project flood elevation; and
(3) the use of fill material to raise areas above the
standard project flood elevation, without increasing the risk
of flooding in or outside of the floodplain, is authorized,
except in any area constituting wetland for which a permit
under section 404 of the Federal Water Pollution Control Act
(33 U.S.C. 1344) would be required.
(b) Affected Deed.--The deed referred to is the deed
recorded October 17, 1967, in book 291, page 148, Deed of
Records of Umatilla County, Oregon, executed by the United
States.
Sec. 115. Murrieta Creek, California. Section 101(b)(6) of
the Water Resources Development Act of 2000 is repealed.
Sec. 116. Penn Mine, Calaveras County, California. (a) In
General.--The Secretary of the Army shall reimburse East Bay
Municipal Water District for the project for aquatic
ecosystem restoration, Penn Mine, Calaveras County,
California, carried out under section 206 of the Water
Resources Development Act of 1996 (33 U.S.C. 2330),
$4,100,000 for the Federal share of costs incurred by East
Bay Municipal Utility District for work carried out by East
Bay Municipal Utility District for the project. Such amounts
shall be made available within 90 days of enactment of this
provision.
(b) Source of Funding.--Reimbursement under subsection (a)
shall be from amounts appropriated before the date of
enactment of this Act for the project described in subsection
(a).
Sec. 117. The project for flood control, Greers Ferry Lake,
Arkansas, authorized by the Rivers and Harbors Act of June
28, 1938 (52 Stat. 1218), is modified to authorize the
Secretary of the Army to construct intake facilities for the
benefit of Lonoke and White Counties, Arkansas.
Sec. 118. The project for flood control, Chehalis River and
Tributaries, Washington, authorized by section 401(a) of the
Water Resources Development Act of 1986 (100 Stat. 4126), is
modified to authorize the Secretary of the Army to provide
the non-Federal interest credit toward the non-Federal share
of the cost of the project the cost of planning, design, and
construction work carried out by the non-Federal interest
before the date of execution of a cooperation agreement for
the project if the Secretary determines that the work is
integral to the project.
Sec. 119. Within the funds appropriated to the National
Park Service under the heading ``Operation of the National
Park System'' in Public Law 106-291, the Secretary of the
Interior shall provide a grant of $75,000 to the City of
Ocean Beach, New York, for repair of facilities at the Ocean
Beach Pavilion at Fire Island National Seashore.
Sec. 120. The National Park Service is directed to work
with Fort Sumter Tours, Inc., the concessionaire currently
providing services at Fort Sumter National Monument in South
Carolina, on an amicable solution of the current legal
dispute between the two parties. The Director of the Service
is directed to extend immediately the current contract
through March 15, 2001, to facilitate further negotiations
and for 180 days if final settlement of all disputes is
agreed to by both parties.
Sec. 121. Title VIII--Land Conservation, Preservation and
Infrastructure Improvement of Public Law 106-291 is amended
as follows: after the first dollar amount insert: ``, to be
derived from the Land and Water Conservation Fund''.
Sec. 122. Gas to Liquids. Section 301(2) of the Energy
Policy Act of 1992 (Public Law 102-486; 42 U.S.C. 13211(2))
is amended by inserting ``, including liquid fuels
domestically produced from natural gas'' after ``natural
gas''.
Sec. 123. (a) The provisions of H.R. 4904 as passed in the
House of Representatives on September 26, 2000 are hereby
enacted into law.
Sec. 124. Appalachian National Scenic Trail. (a)
Acquisitions.--
(1) In general.--The Secretary of the Interior shall--
(A) negotiate agreements with landowners setting terms and
conditions for the acquisition of parcels of land and
interests in land totalling approximately 580 acres at
Saddleback Mountain near Rangeley, Maine, for the benefit of
the Appalachian National Scenic Trail;
(B) complete the pending environmental compliance process
for the acquisitions; and
(C) acquire the parcels of land and interests in land for
consideration in the amount of $4,000,000 plus closing costs
customarily paid by the United States.
(2) Acceptance of donations.--The Secretary may accept as
donations parcels of land and interests in land at Saddleback
Mountain, in addition to those acquired by purchase under
paragraph (1), for the benefit of the Appalachian National
Scenic Trail.
(b) Conveyance to the State.--The Secretary shall convey to
the State of Maine a portion of the land and interests in
land acquired under subsection (a) without consideration,
subject to such terms and conditions as the Secretary and the
State of Maine agree are necessary to ensure the protection
of the Appalachian National Scenic Trail.
Sec. 125. The provisions of S. 2273, as passed in the
United States Senate on October 5, 2000 and engrossed, are
hereby enacted into law.
Sec. 126. Section 116(a)(1)(A) of the Illinois and Michigan
Canal National Heritage Corridor Act of 1984 (98 Stat. 1467)
is amended by striking ``$250,000'' and inserting
``$1,000,000''.
Sec. 127. The provisions of S. 2885, as passed in the
United States Senate on October 5, 2000 and engrossed, are
hereby enacted into law.
Sec. 128. None of the funds provided in this or any other
Act may be used prior to July 31, 2001 to promulgate or
enforce a final rule to reduce during the 2000-2001 or 2001-
2002 winter seasons the use of snowmobiles below current use
patterns at a unit in the National Park System: Provided,
That nothing in this section shall be interpreted as amending
any requirement of the Clean Air Act: Provided further, That
nothing in this section shall preclude the Secretary from
taking emergency actions related to snowmobile use in any
National Park based on authorities which existed to permit
such emergency actions as of the date of enactment of this
Act.
Sec. 129. The Secretary of the Interior shall extend until
March 31, 2001 the ``Extension of Standstill Agreement,''
entered into on November 22, 1999 by the United States of
America and the holders of interests in seven campsite leases
in Biscayne Bay, Miami-Dade County, Florida collectively
known as ``Stiltsville''.
Sec. 130. The Secretary of the Interior is authorized to
make a grant of $1,300,000 to the State of Minnesota or its
political subdivision from funds available to the National
Park Service under the heading ``Land Acquisition and State
Assistance'' in Public Law 106-291 to cover the cost of
acquisition of land in Lower Phalen Creek near St. Paul,
Minnesota in the Mississippi National River and Recreation
Area.
Sec. 131. Notwithstanding any provision of law or
regulation, funds appropriated in Public Law 106-291 for a
cooperative agreement for management of George Washington's
Boyhood Home, Ferry Farm, shall be transferred to the George
Washington's Fredericksburg Foundation, Inc. (formerly known
as Kenmore Association, Inc.) immediately upon signing of the
cooperative agreement.
Sec. 132. During the period beginning on the date of the
enactment of this Act and ending on June 1, 2001, funds made
available to the Secretary of the Interior may not be used to
pay salaries or expenses related to the issuance of a request
for proposal related to a light rail system to service Grand
Canyon National Park.
Sec. 133. None of the funds in this or any other Act may be
used by the Secretary of the Interior to remove the five foot
tall white cross located within the boundary of the Mojave
National Preserve in southern California first erected in
1934 by the Veterans of Foreign Wars along Cima Road
approximately 11 miles south of Interstate 15.
Sec. 134. Section 6(g) of the Chesapeake and Ohio Canal
Development Act (16 U.S.C. 410y-4(g)) is amended by striking
``thirty'' and inserting ``40''.
Sec. 135. Funds provided in Public Law 106-291 for federal
land acquisition by the National Park Service in Fiscal Year
2001 for Brandywine Battlefield, Ice Age National Scenic
Trail, Mississippi National River and Recreation Area,
Shenandoah National Heritage Area, Fallen Timbers Battlefield
and Fort Miamis National Historic Site may be used for a
grant to a state, local government, or to a land management
entity for the acquisition of lands without regard to any
restriction on the use of federal land acquisition funds
provided through the Land and Water Conservation Act of 1965.
Sec. 136. Notwithstanding any other provision of law, in
accordance with Title IV--Wildland Fire Emergency
Appropriations, Public Law 106-291, from the $35,000,000
provided for community and private land fire assistance, the
Secretary of Agriculture, may use up to $9,000,000 for
advance, direct lump sum payments for assistance to eligible
individuals, businesses, or other entities, to accomplish the
purposes of providing assistance to non-federal entities most
affected by fire. To expedite such financial assistance being
provided to eligible recipients, the lump sum payments shall
not be subject to CFR Title 7 Sec. 3015; Title 7 Sec. 3019;
Title 7 Sec. 3052 related to the administration of Federal
financial assistance.
Sec. 137. (a) In General.--The first section of Public Law
91-660 (16 U.S.C. 459h) is amended--
(1) in the first sentence, by striking ``That, in'' and
inserting the following:
``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.
``(a) Establishment.--In''; and
(2) in the second sentence--
(A) by redesignating paragraphs (1) through (6) as
subparagraphs (A) through (F), respectively, and indenting
appropriately;
(B) by striking ``The seashore shall comprise'' and
inserting the following:
``(b) Composition.--
``(1) In general.--The seashore shall comprise the areas
described in paragraphs (2) and (3).
[[Page H12275]]
``(2) Areas included in boundary plan numbered ns-gi-
7100j.--The areas described in this paragraph are'': and
(C) by adding at the end the following:
``(3) Cat island.--Upon its acquisition by the Secretary,
the area described in this paragraph is the parcel consisting
of approximately 2,000 acres of land on Cat Island,
Mississippi, as generally depicted on the map entitled
`Boundary Map, Gulf Islands National Seashore, Cat Island,
Mississippi', numbered 635/80085, and dated November 9, 1999
(referred to in this title as the `Cat Island Map').
``(4) Availability of map.--The Cat Island Map shall be on
file and available for public inspection in the appropriate
offices of the National Park Service.''.
(b) Acquisition Authority.--Section 2 of Public Law 91-660
(16 U.S.C. 459h-1) is amended--
(1) in the first sentence of subsection (a), by striking
``lands,'' and inserting ``submerged land, land,''; and
(2) by adding at the end the following:
``(e) Acquisition Authority.--
``(1) In general.--The Secretary may acquire, from a
willing seller only--
``(A) all land comprising the parcel described in
subsection (b)(3) that is above the mean line of ordinary
high tide, lying and being situated in Harrison County,
Mississippi;
``(B) an easement over the approximately 150-acre parcel
depicted as the `Boddie Family Tract' on the Cat Island Map
for the purpose of implementing an agreement with the owners
of the parcel concerning the development and use of the
parcel; and
``(C)(i) land and interests in land on Cat Island outside
the 2,000-acre area depicted on the Cat Island Map; and
``(ii) submerged land that lies within 1 mile seaward of
Cat Island (referred to in this title as the `buffer zone'),
except that submerged land owned by the State of Mississippi
(or a subdivision of the State) may be acquired only by
donation.
``(2) Administration.--
``(A) In general.--Land and interests in land acquired
under this subsection shall be administered by the Secretary,
acting through the Director of the National Park Service.
``(B) Buffer zone.--Nothing in this title or any other
provision of law shall require the State of Mississippi to
convey to the Secretary any right, title, or interest in or
to the buffer zone as a condition for the establishment of
the buffer zone.
``(3) Modification of boundary.--The boundary of the
seashore shall be modified to reflect the acquisition of land
under this subsection only after completion of the
acquisition.''.
(c) Regulation of Fishing.--Section 3 of Public Law 91-660
(16 U.S.C. 459h-2) is amended--
(1) by inserting ``(a) In General.--'' before ``The
Secretary''; and
(2) by adding at the end the following:
``(b) No Authority To Regulate Maritime Activities.--
Nothing in this title or any other provision of law shall
affect any right of the State of Mississippi, or give the
Secretary any authority, to regulate maritime activities,
including nonseashore fishing activities (including
shrimping), in any area that, on the date of enactment of
this subsection, is outside the designated boundary of the
seashore (including the buffer zone).''.
(d) Authorization of Management Agreements.--Section 5 of
Public Law 91-660 (16 U.S.C. 459h-4) is amended--
(1) by inserting ``(a) In General.--'' before ``Except'';
and
(2) by adding at the end the following:
``(b) Agreements.--
``(1) In general.--The Secretary may enter into
agreements--
``(A) with the State of Mississippi for the purposes of
managing resources and providing law enforcement assistance,
subject to authorization by State law, and emergency services
on or within any land on Cat Island and any water and
submerged land within the buffer zone; and
``(B) with the owners of the approximately 150-acre parcel
depicted as the `Boddie Family Tract' on the Cat Island Map
concerning the development and use of the land.
``(2) No authority to enforce certain regulations.--Nothing
in this subsection authorizes the Secretary to enforce
Federal regulations outside the land area within the
designated boundary of the seashore.''.
(e) Authorization of Appropriations.--Section 11 of Public
Law 91-660 (16 U.S.C. 459h-10) is amended--
(1) by inserting ``(a) In General.--'' before ``There'';
and
(2) by adding at the end the following:
``(b) Authorization for Acquisition of Land.--In addition
to the funds authorized by subsection (a), there are
authorized to be appropriated such sums as are necessary to
acquire land and submerged land on and adjacent to Cat
Island, Mississippi.''.
Sec. 138. Percentage Limitations on Federal Thrift Savings
Plan Contributions. (a) Amendments Relating to FERS.--
(1) In general.--Subsection (a) of section 8432 of title 5,
United States Code, is amended--
(A) by striking ``(a)'' and inserting ``(a)(1)'';
(B) by striking ``10 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of such
employee's or Member's basic pay for such pay period
allowable under paragraph (2).''; and
(C) by adding at the end the following:
``(2) The maximum percentage allowable under this paragraph
shall be determined in accordance with the following table:
``In the case of a pay period beginThe maximum percentage allowable is:
2001..............................................................11
2002..............................................................12
2003..............................................................13
2004..............................................................14
2005..............................................................15
2006 or thereafter............................................100.''.
(2) Justices and judges.--Paragraph (2) of section 8440a(b)
of title 5, United States Code, is amended to read as
follows:
``(2) The amount contributed by a justice or judge for any
pay period shall not exceed the maximum percentage of such
justice's or judge's basic pay for such pay period allowable
under section 8440f.''.
(3) Bankruptcy judges and magistrates.--Paragraph (2) of
section 8440b(b) of title 5, United States Code, is amended
by striking ``5 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of such
bankruptcy judge's or magistrate's basic pay for such pay
period allowable under section 8440f.''.
(4) Court of federal claims judges.--Paragraph (2) of
section 8440c(b) of title 5, United States Code, is amended
by striking ``5 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of such
judge's basic pay for such pay period allowable under section
8440f.''.
(5) Judges of the united states court of appeals for
veterans claims.--The first sentence of section 8440d(b)(2)
of title 5, United States Code, is amended to read as
follows: ``The amount contributed by a judge of the United
States Court of Appeals for Veterans Claims for any pay
period may not exceed the maximum percentage of such judge's
basic pay for such pay period allowable under section
8440f.''.
(6) Members of the uniformed services.--
(A) Basic pay.--Subparagraph (A) of section 8440e(d)(1) of
title 5, United States Code, is amended by striking ``5
percent'' and all that follows through ``period.'' and
inserting ``the maximum percentage of such member's basic pay
for such pay period allowable under section 8440f.''.
(B) Compensation.--Subparagraph (B) of section 8440e(d)(1)
of title 5, United States Code, is amended by striking ``5
percent'' and all that follows through ``period.'' and
inserting ``the maximum percentage of such member's
compensation for such pay period (received under such section
206) allowable under section 8440f.''.
(7) Maximum percentage allowable.--
(A) In general.--Title 5, United States Code, is amended by
inserting after section 8440e the following:
``Sec. 8440f. Maximum percentage allowable for certain
participants
``The maximum percentage allowable under this section shall
be determined in accordance with the following table:
``In the case of a pay period beginThe maximum percentage allowable is:
2001...............................................................6
2002...............................................................7
2003...............................................................8
2004...............................................................9
2005..............................................................10
2006 or thereafter............................................100.''.
(B) Conforming amendment.--The table of sections for
chapter 84 of title 5, United States Code, is amended by
inserting after the item relating to section 8440e the
following:
``8440f. Maximum percentage allowable for certain participants.''.
(b) Amendments Relating to CSRS.--Paragraph (2) of section
8351(b) of title 5, United States Code, is amended--
(1) by striking ``(2)'' and inserting ``(2)(A)'';
(2) by striking ``5 percent'' and all that follows through
``period.'' and inserting ``the maximum percentage of such
employee's or Member's basic pay for such pay period
allowable under subparagraph (B).''; and
(3) by adding at the end the following:
``(B) The maximum percentage allowable under this
subparagraph shall be determined in accordance with the
following table:
``In the case of a pay period beginThe maximum percentage allowable is:
2001...............................................................6
2002...............................................................7
2003...............................................................8
2004...............................................................9
2005..............................................................10
2006 or thereafter............................................100.''.
(c) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the date of enactment of this Act.
(2) Coordination with election periods.--The Executive
Director shall by regulation determine the first election
period in which elections may be made consistent with the
amendments made by this section.
(3) Definitions.--For purposes of this section--
(A) the term ``election period'' means a period afforded
under section 8432(b) of title 5, United States Code; and
(B) the term ``Executive Director'' has the meaning given
such term by section 8401(13) of title 5, United States Code.
Sec. 139. Exclusion of Elements of United States Secret
Service From Certain Activities. Section 7103(a)(3) of title
5, United States Code, is amended--
(1) in subparagraph (F), by striking ``or'' at the end;
(2) in subparagraph (G), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following new subparagraph:
``(H) the United States Secret Service and the United
States Secret Service Uniformed Division.''.
[[Page H12276]]
Sec. 140. (a) The adjustment in rates of basic pay for the
statutory pay systems that takes effect in fiscal year 2001
under sections 5303 and 5304 of title 5, United States Code,
shall be an increase of 3.7 percent.
(b) Funds used to carry out this section shall be paid from
appropriations which are made to each applicable department
or agency for salaries and expenses for fiscal year 2001.
Sec. 141. Repeal of Mandatory Separation Requirement. (a)
In General.--Section 8335 of title 5, United States Code, is
amended--
(1) by striking subsection (c); and
(2) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
(b) Technical and Conforming Amendment.--Section 8339(q) of
title 5, United States Code, is amended by striking
``8335(d)'' and inserting ``8335(c)''.
Sec. 142. Section 223(a)(14) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5633(a)(14) as
amended, is hereby amended by inserting after the phrase
``twenty-four hours'' the following new phrase: ``(except in
the case of Alaska where such time limit may be forty-eight
hours in fiscal years 2000 through 2002)''.
Sec. 143. (a) Section 336 of the Communications Act of 1934
(47 U.S.C. 336) is amended--
(1) by redesignating subsection (h) as subsection (i); and
(2) by inserting after subsection (g) the following:
``(h)(1) Within 60 days after receiving a request (made in
such form and manner and containing such information as the
Commission may require) under this subsection from a low-
power television station to which this subsection applies,
the Commission shall authorize the licensee or permittee of
that station to provide digital data service subject to the
requirements of this subsection as a pilot project to
demonstrate the feasibility of using low-power television
stations to provide high-speed wireless digital data service,
including Internet access to unserved areas.
``(2) The low-power television stations to which this
subsection applies are as follows:
``(A) KHLM-LP, Houston, Texas.
``(B) WTAM-LP, Tampa, Florida.
``(C) WWRJ-LP, Jacksonville, Florida.
``(D) WVBG-LP, Albany, New York.
``(E) KHHI-LP, Honolulu, Hawaii.
``(F) KPHE-LP (K19DD), Phoenix, Arizona.
``(G) K34FI, Bozeman, Montana.
``(H) K65GZ, Bozeman, Montana.
``(I) WXOB-LP, Richmond, Virginia.
``(J) WIIW-LP, Nashville, Tennessee.
``(K) A station and repeaters to be determined by the
Federal Communications Commission for the sole purpose of
providing service to communities in the Kenai Peninsula
Borough and Matanuska Susitna Borough.
``(L) WSPY-LP, Plano, Illinois.
``(M) W24AJ, Aurora, Illinois.
``(3) Notwithstanding any requirement of section 553 of
title 5, United States Code, the Commission shall promulgate
regulations establishing the procedures, consistent with the
requirements of paragraphs (4) and (5), governing the pilot
projects for the provision of digital data services by
certain low power television licensees within 120 days after
the date of enactment of LPTV Digital Data Services Act. The
regulations shall set forth--
``(A) requirements as to the form, manner, and information
required for submitting requests to the Commission to provide
digital data service as a pilot project;
``(B) procedures for testing interference to digital
television receivers caused by any pilot project station or
remote transmitter;
``(C) procedures for terminating any pilot project station
or remote transmitter or both that causes interference to any
analog or digital full-power television stations, class A
television station, television translators or any other users
of the core television band;
``(D) specifications for reports to be filed quarterly by
each low power television licensee participating in a pilot
project;
``(E) procedures by which a low power television licensee
participating in a pilot project shall notify television
broadcast stations in the same market upon commencement of
digital data services and for ongoing coordination with local
broadcasters during the test period; and
``(F) procedures for the receipt and review of interference
complaints on an expedited basis consistent with paragraph
(5)(D).
``(4) A low-power television station to which this
subsection applies may not provide digital data service
unless--
``(A) the provision of that service, including any remote
return-path transmission in the case of 2-way digital data
service, does not cause any interference in violation of the
Commission's existing rules, regarding interference caused by
low power television stations to full-service analog or
digital television stations, class A television stations, or
television translator stations; and
``(B) the station complies with the Commission's
regulations governing safety, environmental, and sound
engineering practices, and any other Commission regulation
under paragraph (3) governing pilot program operations.
``(5)(A) The Commission may limit the provision of digital
data service by a low-power television station to which this
subsection applies if the Commission finds that--
``(i) the provision of 2-way digital data service by that
station causes any interference that cannot otherwise be
remedied; or
``(ii) the provision of 1-way digital data service by that
station causes any interference.
``(B) The Commission shall grant any such station, upon
application (made in such form and manner and containing such
information as the Commission may require) by the licensee or
permittee of that station, authority to move the station to
another location, to modify its facilities to operate on a
different channel, or to use booster or auxiliary
transmitting locations, if the grant of authority will not
cause interference to the allowable or protected service
areas of full service digital television stations, National
Television Standards Committee assignments, or television
translator stations, and provided, however, no such authority
shall be granted unless it is consistent with existing
Commission regulations relating to the movement,
modification, and use of non-class A low power television
transmission facilities in order--
``(i) to operate within television channels 2 through 51,
inclusive; or
``(ii) to demonstrate the utility of low-power television
stations to provide high-speed 2-way wireless digital data
service.
``(C) The Commission shall require quarterly reports from
each station authorized to provide digital data services
under this subsection that include--
``(i) information on the station's experience with
interference complaints and the resolution thereof;
``(ii) information on the station's market success in
providing digital data service; and
``(iii) such other information as the Commission may
require in order to administer this subsection.
``(D) The Commission shall resolve any complaints of
interference with television reception caused by any station
providing digital data service authorized under this
subsection within 60 days after the complaint is received by
the Commission.
``(6) The Commission shall assess and collect from any low-
power television station authorized to provide digital data
service under this subsection an annual fee or other schedule
or method of payment comparable to any fee imposed under the
authority of this Act on providers of similar services.
Amounts received by the Commission under this paragraph may
be retained by the Commission as an offsetting collection to
the extent necessary to cover the costs of developing and
implementing the pilot program authorized by this subsection,
and regulating and supervising the provision of digital data
service by low-power television stations under this
subsection. Amounts received by the Commission under this
paragraph in excess of any amount retained under the
preceding sentence shall be deposited in the Treasury in
accordance with chapter 33 of title 31, United States Code.
``(7) In this subsection, the term `digital data service'
includes--
``(A) digitally-based interactive broadcast service; and
``(B) wireless Internet access, without regard to--
``(i) whether such access is--
``(I) provided on a one-way or a two-way basis;
``(II) portable or fixed; or
``(III) connected to the Internet via a band allocated to
Interactive Video and Data Service; and
``(ii) the technology employed in delivering such service,
including the delivery of such service via multiple
transmitters at multiple locations.
``(8) Nothing in this subsection limits the authority of
the Commission under any other provision of law.''.
(b) The Federal Communications Commission shall submit a
report to the Congress on June 30, 2001, and June 30, 2002,
evaluating the utility of using low-power television stations
to provide high-speed digital data service. The reports shall
be based on the pilot projects authorized by section 336(h)
of the Communications Act of 1934 (47 U.S.C. 336(h)).
Sec. 144. (a) The Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et. seq.) is amended--
(1) in section 303(d)(1)(A) by striking ``October 1,
2000,'' and inserting ``October 1, 2002,'';
(2) in section 303(d)(5) by striking ``October 1, 2000,''
and inserting ``October 1, 2002,'';
(3) in section 407(b) by striking ``October 1, 2000,'' and
inserting ``October 1, 2002,''; and
(4) in section 407(c)(1) by striking ``October 1, 2000,''
and inserting ``October 1, 2002,''.
(b) Notwithstanding sections 303(d)(1)(A) and 303(d)(1)(B)
of the Magnuson-Stevens Fishery Conservation and Management
Act, as amended by this section, the Pacific Fishery
Management Council may recommend and the Secretary of
Commerce may approve and implement any fishery management
plan, plan amendment, or regulation, for fixed gear sablefish
subject to the jurisdiction of such Council, that--
(1) allows the use of more than one groundfish fishing
permit by each fishing vessel; and/or
(2) sets cumulative trip limit periods, up to twelve months
in any calendar year, that allow fishing vessels a reasonable
opportunity to harvest the full amount of the associated trip
limits.
Notwithstanding subsection (a), the Gulf of Mexico Fishery
Management Council may develop a biological, economic, and
social profile of any fishery under its jurisdiction that may
be considered for management under a quota management system,
including the benefits and consequences of the quota
management systems considered. The North Pacific Fishery
Management Council shall examine the fisheries under its
jurisdiction, particularly the Gulf of Alaska groundfish and
Bering Sea crab fisheries, to determine whether
rationalization is needed. In particular, the North Pacific
Council shall analyze individual fishing quotas, processor
quotas, cooperatives, and quotas held by communities. The
analysis should include an economic analysis of the impact of
all options on communities and processors as well as the
fishing fleets. The North Pacific Council shall present its
analysis to the appropriations and authorizing committees of
the Senate and House of Representatives in a timely manner.
[[Page H12277]]
(c)(1) Public Law 101-380, as amended by section 2204 of
chapter 2 of title II of Public Law 106-246, is amended
further--
(A) by striking the second sentence of section 5008(c) and
inserting in lieu thereof ``The Federal Advisory Committee
Act (5 U.S.C. App. 2) shall not apply to the Institute.'';
(B) by inserting the following sentence at the end of
section 5008(e): ``The administrative funds of the Institute
and the administrative funds of the North Pacific Research
Board created under Public Law 105-83 may be used to jointly
administer such programs at the discretion of the North
Pacific Research Board.''; and
(C) in section 5006(c), as amended by this Act or any other
Act making appropriations for fiscal year 2001, by striking
the colon immediately before the first proviso and inserting
in lieu thereof, ``of which up to $3,000,000 may be used for
the lease payment to the Alaska SeaLife Center under section
5008(b)(2):''.
(2) Section 401(e) of Public Law 105-83 is amended--
(A) in paragraph (2) by striking ``and recommended for
Secretarial approval'';
(B) in paragraph (3)(A) by striking ``, who shall be a co-
chair of the Board'';
(C) in paragraph (3)(F) by striking ``, who shall be a co-
chair of the Board'';
(D) in paragraph (4)(A) by striking ``and administer'';
(E) in paragraph (4)(B) by striking the first sentence;
(F) by adding at the end the following new paragraph:
``(5) All decisions of the Board, including grant
recommendations, shall be by majority vote of the members
listed in paragraphs (3)(A), (3)(F), (3)(G), (3)(J), and
(3)(N), in consultation with the other members. The five
voting members may act on behalf of the Board in all
matters of administration, including the disposition of
research funds not made available by this section, at any
time on or after October 1, 2000.''; and
(G) in paragraph (3) by adding at the end the following:
``(N) one member who shall represent fishing interests and
shall be nominated by the Board and appointed by the
Secretary.''.
(3) Funds made available for the construction of the NOAA
laboratory at Lena Point shall be considered incremental
funding for the initial phase of construction at Lena Point
for site work and related infrastructure and systems
installation.
(4) Notwithstanding any other provision of law, funds made
available by this Act or any other Act for the Alaska SeaLife
Center shall be considered direct payments for all purposes
of applicable law.
(5) Public Law 99-5 is amended--
(A) by inserting after section 3(e) the following:
``(f) The United States shall be represented on the
Transboundary Panel by seven panel members, of whom--
``(1) one shall be an official of the United States
Government, with salmon fishery management responsibility and
expertise;
``(2) one shall be an official of the State of Alaska, with
salmon fishery management responsibility and expertise; and
``(3) five shall be individuals knowledgeable and
experienced in the salmon fisheries for which the
Transboundary Panel is responsible.'';
(B) by renumbering the remaining subsections;
(C) in section 3(g), as redesignated by this subsection, by
striking ``The appointing authorities'' and inserting in lieu
thereof ``For the northern, southern, and Fraser River
panels, the appointing authorities''; and
(D) in section 3(h)(3), as redesignated by this subsection,
by striking ``northern and southern'' and inserting in lieu
thereof ``northern, southern, and transboundary''.
(6) The fishery research vessel for which funds were
appropriated in Public Law 106-113 shall be homeported in
Kodiak, Alaska, and is hereby named ``OSCAR DYSON''.
(d)(1) The Secretary of Commerce (hereinafter ``the
Secretary'') shall, after notice and opportunity for public
comment, adopt final regulations not later than May 1, 2001
to implement a fishing capacity reduction program for crab
fisheries included in the Fishery Management Plan for
Commercial King and Tanner Crab Fisheries in the Bering Sea
and Aleutian Islands (hereinafter ``BSAI crab fisheries'').
In implementing the program the Secretary shall--
(A) reduce the fishing capacity in the BSAI crab fisheries
by permanently reducing the number of license limitation
program crab licenses;
(B) permanently revoke all fishery licenses, fishery
permits, area and species endorsements, and any other fishery
privileges, for all fisheries subject to the jurisdiction of
the United States, issued to a vessel or vessels (or to
persons on the basis of their operation or ownership of that
vessel or vessels) for which a BSAI crab fisheries reduction
permit is surrendered and revoked under section 6011(b) of
title 50, Code of Federal Regulations;
(C) ensure that the Secretary of Transportation is notified
of each vessel for which a reduction permit is surrendered
and revoked under the program, with a request that such
Secretary permanently revoke the fishery endorsement of each
such vessel and refuse permission to transfer any such vessel
to a foreign flag under paragraph (5);
(D) ensure that vessels removed from the BSAI crab
fisheries under the program are made permanently ineligible
to participate in any fishery worldwide, and that the owners
of such vessels contractually agree that such vessels will
operate only under the United States flag or be scrapped as a
reduction vessel pursuant to section 600.1011(c) of title 50,
Code of Federal Regulations;
(E) ensure that vessels removed from the BSAI crab
fisheries, the owners of such vessels, and the holders of
fishery permits for such vessels forever relinquish any claim
associated with such vessel, permits, and any catch history
associated with such vessel or permits that could qualify
such vessel, vessel owner, or permit holder for any present
or future limited access system fishing permits in the United
States fisheries based on such vessel, permits, or catch
history;
(F) not include the purchase of Norton Sound red king crab
or Norton Sound blue king crab endorsements in the program,
though any such endorsements associated with a reduction
permit or vessel made ineligible or scrapped under the
program shall also be surrendered and revoked as if
surrendered and revoked pursuant to section 600.1011(b) of
title 50, Code of Federal Regulations;
(G) seek to obtain the maximum sustained reduction in
fishing capacity at the least cost by establishing bidding
procedures that--
(i) assign a bid score to each bid by dividing the price
bid for each reduction permit by the total value of the crab
landed in the most recent five-year period in each crab
fishery from 1990 through 1999 under that permit, with the
value for each year determined by multiplying the average
price per pound published by the State of Alaska in each year
for each crab fishery included in such reduction permit by
the total pounds landed in each crab fishery under that
permit in that year; and
(ii) use a reverse auction in which the lowest bid score
ranks first, followed by each bid with the next lowest bid
score, until the total bid amount of all bids equals a
reduction cost that the next lowest bid would cause to exceed
$100,000,000;
(H) not waive or otherwise make inapplicable any
requirements of the License Limitation Program applicable to
such crab fisheries, in particular any requirements in
sections 679.4(k) and (l) of title 50, Code of Federal
Regulations;
(I) not waive or otherwise make inapplicable any catcher
vessel sideboards implemented under the American Fisheries
Act (AFA), except that the North Pacific Fishery Management
Council shall recommend to the Secretary and to the State of
Alaska, not later than February 16, 2001, and the Secretary
and the State of Alaska shall implement as appropriate,
modifications to such sideboards to the extent necessary to
permit AFA catcher vessels that remain in the crab fisheries
to share proportionately in any increase in crab harvest
opportunities that accrue to all remaining AFA and non-AFA
catcher vessels if the fishing capacity reduction program
required by this section is implemented;
(J) establish sub-amounts and repayment fees for each BSAI
crab fishery prosecuted under a separate endorsement for
repayment of the reduction loan, such that--
(i) a reduction loan sub-amount is established for each
separate BSAI crab fishery (other than Norton Sound red king
crab or Norton Sound blue king crab) by dividing the total
value of the crab landed in that fishery under all reduction
permits by the total value of all crab landed under such
permits in the BSAI crab fisheries (determined using the same
average prices and years used under subparagraph (G)(i) of
this paragraph), and multiplying the reduction loan amount by
the percentage expressed by such ratio; and
(ii) fish sellers who participate in the crab fishery under
each endorsement repay the reduction loan sub-amount
attributable to that fishery; and
(K) notwithstanding section 1111(b) of the Merchant Marine
Act, 1936 (46 U.S.C. App. 1279f(b)(4)), establish a repayment
period for the reduction loan of not less than 30 years.
(2)(A) Only persons to whom a non-interim BSAI crab license
and an area/species endorsement have been issued (other than
persons to whom only a license and an area/species
endorsement for Norton Sound red king crab or Norton Sound
blue king crab have been issued) for vessels that--
(i) qualify under the License Limitation Program criteria
set forth in section 679.4 of title 50, Code of Federal
Regulations, and
(ii) have made at least one landing of BSAI crab in either
1996, 1997, or prior to February 7 in 1998, may submit a bid
in the fishing capacity reduction program established by this
section.
(B) After the date of enactment of this section--
(i) no vessel 60 feet or greater in length overall may
participate in any BSAI crab fishery (other than for Norton
Sound red king crab or Norton Sound blue king crab) unless
such vessel meets the requirements set forth in subparagraphs
(A)(i) and (A)(ii) of this paragraph; and
(ii) no vessel between 33 and 60 feet in length overall may
participate in any BSAI crab fishery (other than for Norton
Sound red king crab or Norton Sound blue king crab) unless
such vessel meets the requirements set forth in subparagraph
(A)(i) of this paragraph. Nothing in this paragraph shall be
construed to affect the requirements for participation in the
fisheries for Norton Sound red king crab or Norton Sound blue
king crab. The Secretary may, on a case by case basis and
after notice and opportunity for public comment, waive the
application of subparagraph (A)(ii) of this paragraph if the
Secretary determines such waiver is necessary to implement
one of the specific exemptions to the recent participation
requirement that were recommended by the North Pacific
Fishery Management Council in the record of its October, 1998
meeting.
(3) The fishing capacity reduction program required under
this subsection shall be implemented under this subsection
and sections 312(b)-(e) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861a(b)-(e)).
Section 312 and the regulations found in Subpart L of Part
600 of title 50, Code of Federal Regulations, shall apply
only to the extent such section or regulations are not
inconsistent with or made inapplicable by the specific
[[Page H12278]]
provisions of this subsection. Sections 600.1001, 600.1002,
600.1003, 600.1005, 600.1010(b), 600.1010(d)(1), 600.1011(d),
the last sentence of 600.1011(a), and the last sentence of
600.1014(f) of such Subpart shall not apply to the program
implemented under this subsection. The program shall be
deemed accepted under section 600.1004, and any time
period specified in Subpart L that would prevent the
Secretary from complying with the May 1, 2001 date
required by this subsection shall be modified as
appropriate to permit compliance with that date. The
referendum required for the program under this subsection
shall be a post-bidding referendum under section 600.1010
of title 50, Code of Federal Regulations.
(4)(A) The fishing capacity reduction program required
under this subsection is authorized to be financed in equal
parts through a reduction loan of $50,000,000 under sections
1111 and 1112 of title XI of the Merchant Marine Act, 1936
(46 U.S.C. App. 1279f and 1279g) and $50,000,000 which is
authorized to be appropriated for the purposes of such
program.
(B) Of the $1,000,000 appropriated in section 120 of
Division A of Public Law 105-277 for the cost of a direct
loan in the Bering Sea and Aleutian Islands crab fisheries--
(i) $500,000 shall be for the cost of guaranteeing the
reduction loan required under subparagraph (A) of this
paragraph in accordance with the requirements of the Federal
Credit Reform Act; and
(ii) $500,000 shall be available to the Secretary to pay
for the cost of implementing the fishing capacity reduction
program required by this subsection.
(C) The funds described in this subsection shall remain
available, without fiscal year limitation, until expended.
Any funds not used for the fishing capacity reduction program
required by this subsection, whether due to a rejection by
referendum or otherwise, shall be available on or after
October 15, 2002, without fiscal year limitation, for
assistance to fishermen or fishing communities.
(5)(A) The Secretary of Transportation shall, upon
notification and request by the Secretary, for each vessel
identified in such notification and request--
(i) permanently revoke any fishery endorsement issued to
such vessel under section 12108 of title 46, United States
Code; and
(ii) refuse to grant the approval required under section
9(c)(2) of the Shipping Act, 1916 (46 U.S.C. App. 808(c)(2))
for the placement of such vessel under foreign registry or
the operation of such vessel under the authority of a foreign
country.
(B) The Secretary shall, after notice and opportunity for
public comment, adopt final regulations not later than May 1,
2001 to prohibit any vessel for which a reduction permit is
surrendered and revoked under the fishing capacity reduction
program required by this section from engaging in fishing
activities on the high seas or under the jurisdiction of any
foreign country while operating under the United States flag.
(6) The purpose of this subsection is to implement a
fishing capacity reduction program for the BSAI crab
fisheries that results in final action to permanently remove
harvesting capacity from such fisheries prior to December 31,
2001. In implementing this subsection the Secretary is
directed to use, to the extent practicable, information
collected and maintained by the State of Alaska. Any
requirements of the Paperwork Reduction Act, the Regulatory
Flexibility Act, or any Executive Order that would, in the
opinion of the Secretary, prevent the Secretary from meeting
the deadlines set forth in this subsection shall not apply to
the fishing capacity reduction program or the promulgation of
regulations to implement such program required by this
subsection. Nothing in this subsection shall be construed to
prohibit the North Pacific Fishery Management Council from
recommending, or the Secretary from approving, changes to any
Fishery Management Plan, License Limitation Program, or
American Fisheries Act provisions affecting catcher vessel
sideboards in accordance with applicable law: Provided, That
except as specifically provided in this subsection, such
Council may not recommend, and the Secretary may not approve,
any action that would have the effect of increasing the
number of vessels eligible to participate in the BSAI crab
fisheries after March 1, 2001.
(e)(1) This subsection may be referred to as the ``Pribilof
Islands Transition Act''.
(2) The purpose of this subsection is to complete the
orderly withdrawal of the National Oceanic and Atmospheric
Administration from the civil administration of the Pribilof
Islands, Alaska.
(3) Public Law 89-702 (16 U.S.C. 1151 et seq.), popularly
known and referred to in this subsection as the Fur Seal Act
of 1966, is amended by amending section 206 (16 U.S.C. 1166)
to read as follows:
``Sec. 206. (a)(1) Subject to the availability of
appropriations, the Secretary shall provide financial
assistance to any city government, village corporation, or
tribal council of St. George, Alaska, or St. Paul, Alaska.
``(2) Notwithstanding any other provision of law relating
to matching funds, funds provided by the Secretary as
assistance under this subsection may be used by the entity as
non-Federal matching funds under any Federal program that
requires such matching funds.
``(3) The Secretary may not use financial assistance
authorized by this Act--
``(A) to settle any debt owed to the United States;
``(B) for administrative or overhead expenses; or
``(C) for contributions sought or required from any person
for costs or fees to clean up any matter that was caused or
contributed to by such person on or after March 15, 2000.
``(4) In providing assistance under this subsection the
Secretary shall transfer any funds appropriated to carry out
this section to the Secretary of the Interior, who shall
obligate such funds through instruments and procedures that
are equivalent to the instruments and procedures required to
be used by the Bureau of Indian Affairs pursuant to title IV
of the Indian Self-Determination and Education Assistance Act
(25 U.S.C. 450 et seq.).
``(5) In any fiscal year for which less than all of the
funds authorized under subsection (c)(1) are appropriated,
such funds shall be distributed under this subsection on a
pro rata basis among the entities referred to in subsection
(c)(1) in the same proportions in which amounts are
authorized by that subsection for grants to those entities.
``(b)(1) Subject to the availability of appropriations, the
Secretary shall provide assistance to the State of Alaska for
designing, locating, constructing, redeveloping, permitting,
or certifying solid waste management facilities on the
Pribilof Islands to be operated under permits issued to the
City of St. George and the City of St. Paul, Alaska, by the
State of Alaska under section 46.03.100 of the Alaska
Statutes.
``(2) The Secretary shall transfer any appropriations
received under paragraph (1) to the State of Alaska for the
benefit of rural and Native villages in Alaska for obligation
under section 303 of Public Law 104-182, except that
subsection (b) of that section shall not apply to those
funds.
``(3) In order to be eligible to receive financial
assistance under this subsection, not later than 180 days
after the date of enactment of this paragraph, each of the
Cities of St. Paul and St. George shall enter into a written
agreement with the State of Alaska under which such City
shall identify by its legal boundaries the tract or tracts of
land that such City has selected as the site for its solid
waste management facility and any supporting infrastructure.
``(c) There are authorized to be appropriated to the
Secretary for fiscal years 2001, 2002, 2003, 2004, and 2005--
``(1) for assistance under subsection (a) a total not to
exceed--
``(A) $9,000,000, for grants to the City of St. Paul;
``(B) $6,300,000, for grants to the Tanadgusix Corporation;
``(C) $1,500,000, for grants to the St. Paul Tribal
Council;
``(D) $6,000,000, for grants to the City of St. George;
``(E) $4,200,000, for grants to the St. George Tanaq
Corporation; and
``(F) $1,000,000, for grants to the St. George Tribal
Council; and
``(2) for assistance under subsection (b), for fiscal years
2001, 2002, 2003, 2004, and 2005 a total not to exceed--
``(A) $6,500,000 for the City of St. Paul; and
``(B) $3,500,000 for the City of St. George.
``(d) None of the funds authorized by this section may be
available for any activity a purpose of which is to influence
legislation pending before the Congress, except that this
subsection shall not prevent officers or employees of the
United States or of its departments, agencies, or commissions
from communicating to Members of Congress, through proper
channels, requests for legislation or appropriations that
they consider necessary for the efficient conduct of public
business.
``(e) Neither the United States nor any of its agencies,
officers, or employees shall have any liability under this
Act or any other law associated with or resulting from the
designing, locating, contracting for, redeveloping,
permitting, certifying, operating, or maintaining any solid
waste management facility on the Pribilof Islands as a
consequence of--
``(1) having provided assistance to the State of Alaska
under subsection (b); or
``(2) providing funds for, or planning, constructing, or
operating, any interim solid waste management facilities that
may be required by the State of Alaska before permanent solid
waste management facilities constructed with assistance
provided under subsection (b) are complete and operational.
``(f) Each entity which receives assistance authorized
under subsection (c) shall submit an audited statement
listing the expenditure of that assistance to the Committee
on Appropriations and the Committee on Resources of the House
of Representatives and the Committee on Appropriations and
the Committee on Commerce, Science, and Transportation of the
Senate, on the last day of fiscal years 2002, 2004, and 2006.
``(g) Amounts authorized under subsection (c) are intended
by Congress to be provided in addition to the base funding
appropriated to the National Oceanic and Atmospheric
Administration in fiscal year 2000.''.
(4) Section 205 of the Fur Seal Act of 1966 (16 U.S.C.
1165) is amended--
(A) by amending subsection (c) to read as follows:
``(c) Not later than 3 months after the date of the
enactment of the Pribilof Islands Transition Act, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Resources of the House of Representatives a report that
includes--
``(1) a description of all property specified in the
document referred to in subsection (a) that has been conveyed
under that subsection;
``(2) a description of all Federal property specified in
the document referred to in subsection (a) that is going to
be conveyed under that subsection; and
``(3) an identification of all Federal property on the
Pribilof Islands that will be retained by the Federal
Government to meet its responsibilities under this Act, the
Convention, and any other applicable law.''; and
(B) by striking subsection (g).
[[Page H12279]]
(5)(A)(i) The Secretary of Commerce shall not be considered
to have any obligation to promote or otherwise provide for
the development of any form of an economy not dependent on
sealing on the Pribilof Islands, Alaska, including any
obligation under section 206 of the Fur Seal Act of 1966 (16
U.S.C. 1166) or section 3(c)(1)(A) of Public Law 104-91 (16
U.S.C. 1165 note).
(ii) This subparagraph shall not affect any cause of action
under section 206 of the Fur Seal Act of 1966 (16 U.S.C.
1166) or section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C.
1165 note)--
(I) that arose before the date of the enactment of this
title; and
(II) for which a judicial action is filed before the
expiration of the 5-year period beginning on the date of the
enactment of this title.
(iii) Nothing in this subsection shall be construed to
imply that--
(I) any obligation to promote or otherwise provide for the
development in the Pribilof Islands of any form of an economy
not dependent on sealing was or was not established by
section 206 of the Fur Seal Act of 1966 (16 U.S.C. 1166),
section 3(c)(1)(A) of Public Law 104-91 (16 U.S.C. 1165
note), or any other provision of law; or
(II) any cause of action could or could not arise with
respect to such an obligation.
(iv) Section 3(c)(1) of Public Law 104-91 (16 U.S.C. 1165
note) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (D) in order as
subparagraphs (A) through (C).
(B)(i) Subject to paragraph (5)(B)(ii), there are
terminated all obligations of the Secretary of Commerce and
the United States to--
(I) convey property under section 205 of the Fur Seal Act
of 1966 (16 U.S.C. 1165); and
(II) carry out cleanup activities, including assessment,
response, remediation, and monitoring, except for
postremedial measures such as monitoring and operation and
maintenance activities related to National Oceanic and
Atmospheric Administration administration of the Pribilof
Islands, Alaska, under section 3 of Public Law 104-91 (16
U.S.C. 1165 note) and the Pribilof Islands Environmental
Restoration Agreement between the National Oceanic and
Atmospheric Administration and the State of Alaska, signed
January 26, 1996.
(ii) Paragraph (5)(B)(i) shall apply on and after the date
on which the Secretary of Commerce certifies that--
(I) the State of Alaska has provided written confirmation
that no further corrective action is required at the sites
and operable units covered by the Pribilof Islands
Environmental Restoration Agreement between the National
Oceanic and Atmospheric Administration and the State of
Alaska, signed January 26, 1996, with the exception of
postremedial measures, such as monitoring and operation and
maintenance activities;
(II) the cleanup required under section 3(a) of Public Law
104-91 (16 U.S.C. 1165 note) is complete;
(III) the properties specified in the document referred to
in subsection (a) of section 205 of the Fur Seal Act of 1966
(16 U.S.C. 1165(a)) can be unconditionally offered for
conveyance under that section; and
(IV) all amounts appropriated under section 206(c)(1) of
the Fur Seal Act of 1966, as amended by this title, have been
obligated.
(iii)(I) On and after the date on which section 3(b)(5) of
Public Law 104-91 (16 U.S.C. 1165 note) is repealed pursuant
to subparagraph (C), the Secretary of Commerce may not seek
or require financial contribution by or from any local
governmental entity of the Pribilof Islands, any official
of such an entity, or the owner of land on the Pribilof
Islands, for cleanup costs incurred pursuant to section
3(a) of Public Law 104-91 (as in effect before such
repeal), except as provided in subparagraph (B)(iii)(II).
(II) Subparagraph (B)(iii)(I) shall not limit the authority
of the Secretary of Commerce to seek or require financial
contribution from any person for costs or fees to clean up
any matter that was caused or contributed to by such person
on or after March 15, 2000.
(iv) For purposes of paragraph (2)(C), the following
requirements shall not be considered to be conditions on
conveyance of property:
(I) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration continued
access to the property to conduct environmental monitoring
following remediation activities.
(II) Any requirement that a potential transferee must allow
the National Oceanic and Atmospheric Administration access to
the property to continue the operation, and eventual closure,
of treatment facilities.
(III) Any requirement that a potential transferee must
comply with institutional controls to ensure that an
environmental cleanup remains protective of human health or
the environment that do not unreasonably affect the use of
the property.
(IV) Valid existing rights in the property, including
rights granted by contract, permit, right-of-way, or
easement.
(V) The terms of the documents described in subparagraph
(d)(2).
(C) Effective on the date on which the Secretary of
Commerce makes the certification described in subparagraph
(b)(2), the following provisions are repealed:
(i) Section 205 of the Fur Seal Act of 1966 (16 U.S.C.
1165).
(ii) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note).
(D)(i) Nothing in this subsection shall affect any
obligation of the Secretary of Commerce, or of any Federal
department or agency, under or with respect to any document
described in subparagraph (D)(ii) or with respect to any
lands subject to such a document.
(ii) The documents referred to in subparagraph (D)(i) are
the following:
(I) The Transfer of Property on the Pribilof Islands:
Description, Terms, and Conditions, dated February 10, 1984,
between the Secretary of Commerce and various Pribilof Island
entities.
(II) The Settlement Agreement between Tanadgusix
Corporation and the City of St. Paul, dated January 11, 1988,
and approved by the Secretary of Commerce on February 23,
1988.
(III) The Memorandum of Understanding between Tanadgusix
Corporation, Tanaq Corporation, and the Secretary of
Commerce, dated December 22, 1976.
(E)(i) Except as provided in subparagraph (E)(ii), the
definitions set forth in section 101 of the Fur Seal Act of
1966 (16 U.S.C. 1151) shall apply to this paragraph.
(ii) For purposes of this paragraph, the term ``Natives of
the Pribilof Islands'' includes the Tanadgusix Corporation,
the St. George Tanaq Corporation, and the city governments
and tribal councils of St. Paul and St. George, Alaska.
(6)(A) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note)
and the Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) are
amended by--
(i) striking ``(d)'' and all that follows through the
heading for subsection (d) of section 3 of Public Law 104-91
and inserting ``SEC. 212.''; and
(ii) moving and redesignating such subsection so as to
appear as section 212 of the Fur Seal Act of 1966.
(B) Section 201 of the Fur Seal Act of 1966 (16 U.S.C.
1161) is amended by striking ``on such Islands'' and insert
``on such property''.
(C) The Fur Seal Act of 1966 (16 U.S.C. 1151 et seq.) is
amended by inserting before title I the following:
``Section 1. This Act may be cited as the `Fur Seal Act of
1966'.''.
(7) Section 3 of Public Law 104-91 (16 U.S.C. 1165 note) is
amended--
(A) by striking subsection (f) and inserting the following:
``(f)(1) There are authorized to be appropriated
$10,000,000 for each of fiscal years 2001, 2002, 2003, 2004,
and 2005 for the purposes of carrying out this section.
``(2) None of the funds authorized by this subsection may
be expended for the purpose of cleaning up or remediating any
landfills, wastes, dumps, debris, storage tanks, property,
hazardous or unsafe conditions, or contaminants, including
petroleum products and their derivatives, left by the
Department of Defense or any of its components on lands on
the Pribilof Islands, Alaska.''; and
(B) by adding at the end the following:
``(g)(1) Of amounts authorized under subsection (f) for
each of fiscal years 2001, 2002, 2003, 2004, and 2005, the
Secretary may provide to the State of Alaska up to $2,000,000
per fiscal year to capitalize a revolving fund to be used by
the State for loans under this subsection.
``(2) The Secretary shall require that any revolving fund
established with amounts provided under this subsection shall
be used only to provide low-interest loans to Natives of the
Pribilof Islands to assess, respond to, remediate, and
monitor contamination from lead paint, asbestos, and
petroleum from underground storage tanks.
``(3) The definitions set forth in section 101 of the Fur
Seal Act of 1966 (16 U.S.C. 1151) shall apply to this
section, except that the term `Natives of the Pribilof
Islands' includes the Tanadgusix and Tanaq Corporations.
``(4) Before the Secretary may provide any funds to the
State of Alaska under this section, the State of Alaska and
the Secretary must agree in writing that, on the last day of
fiscal year 2011, and of each fiscal year thereafter until
the full amount provided to the State of Alaska by the
Secretary under this section has been repaid to the United
States, the State of Alaska shall transfer to the Treasury of
the United States monies remaining in the revolving fund,
including principal and interest paid into the revolving fund
as repayment of loans.''.
(f)(1) The President, after consultation with the Governor
of the State of Hawaii, may designate any Northwestern
Hawaiian Islands coral reef or coral reef ecosystem as a
coral reef reserve to be managed by the Secretary of
Commerce.
(2) Upon the designation of a reserve under paragraph (1)
by the President, the Secretary shall--
(A) take action to initiate the designation of the reserve
as a National Marine Sanctuary under sections 303 and 304 of
the National Marine Sanctuaries Act (16 U.S.C. 1433);
(B) establish a Northwestern Hawaiian Islands Reserve
Advisory Council under section 315 of that Act (16 U.S.C.
1445a), the membership of which shall include at least 1
representative from Native Hawaiian groups; and
(C) until the reserve is designated as a National Marine
Sanctuary, manage the reserve in a manner consistent with the
purposes and policies of that Act.
(3) Notwithstanding any other provision of law, no closure
areas around the Northwestern Hawaiian Islands shall become
permanent without adequate review and comment.
(4) The Secretary shall work with other Federal agencies
and the Director of the National Science Foundation, to
develop a coordinated plan to make vessels and other
resources available for conservation or research activities
for the reserve.
(5) If the Secretary has not designated a national marine
sanctuary in the Northwestern Hawaiian Islands under sections
303 and 304 of the National Marine Sanctuaries Act (16 U.S.C.
1433, 1434) before October 1, 2005, the Secretary shall
conduct a review of the management of the reserve under
section 304(e) of that Act (16 U.S.C. 1434(e)).
(6) No later than 6 months after the date of enactment of
this Act, the Secretary shall submit a report to the Senate
Committee on Commerce, Science, and Transportation and the
[[Page H12280]]
House of Representatives Committee on Resources, describing
actions taken to implement this subsection, including costs
of monitoring, enforcing, and addressing marine debris, and
the extent to which the fiscal or other resources necessary
to carry out this subsection are reflected in the Budget of
the United States Government submitted by the President under
section 1104 of title 31, United States Code.
(7) There are authorized to be appropriated to the
Secretary of Commerce to carry out the provisions of this
subsection such sums, not exceeding $4,000,000 for each of
fiscal years 2001, 2002, 2003, 2004, and 2005, as are
reported under paragraph (5) to be reflected in the Budget of
the United States Government.
(g) Section 111(b)(1) of the Sustainable Fisheries Act (16
U.S.C. 1855 nt) is amended by striking the last sentence and
inserting, ``There are authorized to be appropriated to carry
out this subsection $500,000 for each fiscal year.''.
Sec. 145. (a) Section 4(b)(1) of the Department of State
Special Agents Retirement Act of 1998 (22 U.S.C. 4044 note;
Public Law 105-382; 112 Stat. 3409) is amended by inserting
``or participant who was serving as of January 1, 1997''
after ``employed participant''.
(b) The amendment made by this section shall take effect on
January 1, 2001.
Sec. 146. (a) Congress makes the following findings:
(1) Total steel imports in 2000 will be over 2\1/2\ times
higher than in 1991, continuing the alarming trend of sharply
increasing steel imports over the past decade.
(2) Unprecedented levels of steel imports flooded the
United States market in 1998 and 1999, causing a crisis in
which thousands of steelworkers were laid off and 6 steel
companies went bankrupt.
(3) The domestic steel industry still has not had an
opportunity to recover from the 1998-1999 steel import
crisis, and steel imports are again causing serious injury to
United States steel producers and workers.
(4) Total steel imports through August 2000 are 17 percent
higher than over the same period in 1999 and greater even
than imports over the same period in 1998, a record year.
(5) Steel prices continue to be depressed, with hot-rolled
steel prices 12 percent lower in August 2000 than in the
first quarter of 1998, and average import customs values for
all steel products more than 15 percent lower over the same
period.
(6) The United States Government must maintain and fully
enforce all existing relief against foreign unfair trade.
(7) The United States steel industry is a clean, highly
efficient industry having modernized itself at great human
and financial cost, shedding over 330,000 jobs and investing
more than $50,000,000,000 over the last 20 years.
(8) Capacity utilization in the United States steel
industry has fallen sharply since the beginning of the year
and the market capitalization and debt ratings of the major
United States steel firms are at precarious levels.
(9) The Department of Commerce recently documented the
underlying market-distorting practices and longstanding
structural problems that plague the global steel trade with
excess capacity and cause diversion of unfairly traded
foreign steel to the United States.
(10) The President recognized that unfair trade played a
significant role in the devastating import surge of steel and
recognized the need to vigorously enforce the trade laws.
(b) Congress calls upon the President--
(1) to take all appropriate action within his power to
provide relief from injury caused by steel imports; and
(2) to immediately request the United States International
Trade Commission to commence an expedited investigation for
positive adjustment under section 201 of the Trade Act of
1974 of such steel imports.
Sec. 147. Section 5(b)(1) of the Act of January 2, 1951 (15
U.S.C. 1175(b)(1); popularly known as the ``Johnson Act'') is
amended by inserting ``for a voyage or a segment of a voyage
that begins and ends in the State of Hawaii, or'' after
``Except''.
Sec. 148. (a) Section 312(a)(7) of the Communications Act
of 1934 (47 U.S.C. 312(a)(7)) is amended by inserting ``,
other than a non-commercial educational broadcast station,''
after ``use of a broadcasting station''.
(b) The Federal Communications Commission shall take no
action against any non-commercial educational broadcast
station which declines to carry a political advertisement.
Sec. 149. The Small Business Innovation Research program,
otherwise expiring at the end of fiscal year 2000, is
authorized to continue in effect during fiscal year 2001.
Sec. 150. There is hereby appropriated for payment to the
Ricky Ray Hemophilia Relief Fund, as provided by Public Law
105-369, $105,000,000, of which notwithstanding any other
provision of law $10,000,000 shall be for program management
of the Health Resources and Services Administration, to
remain available until expended.
Sec. 151. (a) There is hereby appropriated to a separate
account to be established in the Department of Labor for
expenses of administering the Energy Employees Occupational
Illness Compensation Act, $60,400,000, to remain available
until expended: Provided, That the Secretary of Labor is
authorized to transfer to any Executive agency with authority
under the Energy Employees Occupational Illness Compensation
Act, such sums as may be necessary in FY 2001 to carry out
those authorities.
(b) For purposes of the Balanced Budget and Emergency
Deficit Control Act of 1985, amounts appropriated under
subsection (a) shall be direct spending: Provided, That
amounts appropriated annually thereafter for such
administrative expenses shall be direct spending.
Sec. 152. Treatment of Certain Cancer Hospitals. (a) In
General.--Section 1886(d)(1)(B)(v) of the Social Security Act
(42 U.S.C. 1395ww(d)(1)(B)(v)) is amended--
(1) in subclause (I) by striking ``or'' at the end;
(2) in subclause (II) by striking the semicolon at the end
and inserting ``, or''; and
(3) by adding at the end the following:
``(III) a hospital that was recognized as a clinical cancer
research center by the National Cancer Institute of the
National Institutes of Health as of February 18, 1998, that
has never been reimbursed for inpatient hospital services
pursuant to a reimbursement system under a demonstration
project under section 1814(b), that is a freestanding
facility organized primarily for treatment of and research on
cancer and is not a unit of another hospital, that as of the
date of the enactment of this subclause, is licensed for 162
acute care beds, and that demonstrates for the 4-year period
ending on June 30, 1999, that at least 50 percent of its
total discharges have a principal finding of neoplastic
disease, as defined in subparagraph (E);'' and
(b) Conforming Amendment.--Section 1886(d)(1)(E) of the
Social Security Act (42 U.S.C. 1395ww(d)(1)(E)) is amended by
striking ``For purposes of subparagraph (B)(v)(II)'' and
inserting ``For purposes of subclauses (II) and (III) of
subparagraph (B)(v)''.
(c) Payment.--
(1) Application to cost reporting periods.--Any
classification by reason of section 1886(d)(1)(B)(v)(III) of
the Social Security Act (as added by subsection (a)) shall
apply to 12-month cost reporting periods beginning on or
after July 1, 1999.
(2) Base year.--Notwithstanding the provisions of section
1886(b)(3)(E) of such Act (42 U.S.C. 1395ww(b)(3)(E)) or
other provisions to the contrary, the base cost reporting
period for purposes of determining the target amount for any
hospital classified by reason of section
1886(d)(1)(B)(v)(III) of such Act (as added by subsection
(a)) shall be the 12-month cost reporting period beginning on
July 1, 1995.
(3) Deadline for payments.--Any payments owed to a hospital
by reason of this subsection shall be made expeditiously, but
in no event later than 1 year after the date of the enactment
of this Act.
Sec. 153. (a) Section 4(2) of the Delta Development Act (42
U.S.C. 3121 note; Public Law 100-460) is amended--
(1) by inserting ``Alabama,'' before ``Arkansas'';
(2) in paragraph (G), by striking ``and'' at the end;
(3) in paragraph (H)--
(A) by striking ``and'' before ``such''; and
(B) by inserting ``and'' after the semicolon at the end;
and
(4) by adding at the end the following:
``(I) the Alabama counties of Pickens, Greene, Sumter,
Choctaw, Clarke, Washington, Marengo, Hale, Perry, Wilcox,
Lowndes, Bullock, Macon, Barbour, Russell, and Dallas;'';
(b) At the end of section 382A of ``The Delta Regional
Authority Act of 2000'' as incorporated in this Act, insert
the following:
``(4) Notwithstanding any other provision of law, the State
of Alabama shall be a full member of the Delta Regional
Authority and shall be entitled to all rights and privileges
that said membership affords to all other participating
States in the Delta Regional Authority.''.
SEC. 154. NORTHERN WISCONSIN.
(a) Definition of Northern Wisconsin.--In this section, the
term ``northern Wisconsin'' means the counties of Douglas,
Ashland, Bayfield, and Iron, Wisconsin.
(b) Establishment of Program.--The Secretary of the Army
may establish a pilot program to provide environmental
assistance to non-Federal interests in northern Wisconsin.
(c) Form of Assistance.--Assistance under this section may
be in the form of design and reconstruction assistance or
water-related environmental infrastructure and resource
protection and development projects in northern Wisconsin,
including projects for wastewater treatment and related
facilities, water supply and related facilities,
environmental restoration, and surface water resource
protection and development.
(d) Public Ownership Requirement.--The Secretary may
provide assistance for a project under this section only if
the project is publicly owned.
(e) Local Cooperation Agreement.--
(1) In general.--Before providing assistance under this
section, the Secretary shall enter into a local cooperation
agreement with a non-Federal interest to provide for design
and construction of the project to be carried out with the
assistance.
(2) Requirements.--Each local cooperation agreement entered
into under this subsection shall provide for the following:
(A) Plan.--Development by the Secretary, in consultation
with appropriate Federal and State officials, of a facilities
or restructure protection and development plan, including
appropriate engineering plans and specifications.
(B) Legal and Institutional Structures.--Establishment of
such legal and institutional structures as are necessary to
ensure the effective long-term operation of the project by
the non-Federal interest.
(3) Cost sharing.--
(A) In general.--The Federal share of project costs under
each local cooperation agreement entered into under this
subsection shall be 75 percent. The Federal share may be in
the form of grants or reimbursements of project costs.
(B) Credit for design work.--The non-Federal interest shall
receive credit for the reasonable costs of design work
completed by the non-Federal interest before entering into a
local cooperation agreement with the Secretary for a project.
The credit for the design work shall not exceed 6 percent of
the local construction costs of the project.
[[Page H12281]]
(C) Credit for interest.--In case of a delay in the funding
of the non-Federal share of the costs of a project that is
the subject of an agreement under this subsection, the non-
Federal interest shall receive credit for reasonable interest
incurred in providing the non-Federal share of the project's
costs.
(D) Land, easements, and rights-of-way credit.--The non-
Federal interest shall receive credit for land, easements,
rights-of-way, and reductions toward the non-Federal share of
project costs (including all reasonable costs associated with
obtaining permits necessary for the construction, operation,
and maintenance of the project on publicly owned or
controlled land), but not to exceed 25 percent of the total
project costs.
(E) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for projects constructed with
assistance provided under this section shall be 100 percent.
(f) Applicability of Other Federal And State Laws.--Nothing
in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that
would otherwise apply to a project to be carried out with
assistance provided under this section.
(g) Report.--Not later than December 31, 2001, the
Secretary shall transmit to Congress a report on the results
of the pilot program carried out under this section,
including recommendations concerning whether the program
should be implemented on a national basis.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $40,000,000.
Such sums shall remain available until expended.
TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000
SECTION 201. SHORT TITLE.
This title may be cited as the ``Vietnam Education
Foundation Act of 2000''.
SEC. 202. PURPOSES.
The purposes of this title are the following:
(1) To establish an international fellowship program under
which--
(A) Vietnamese nationals can undertake graduate and post-
graduate level studies in the sciences (natural, physical,
and environmental), mathematics, medicine, and technology
(including information technology); and
(B) United States citizens can teach in the fields
specified in subparagraph (A) in appropriate Vietnamese
institutions.
(2) To further the process of reconciliation between the
United States and Vietnam and the building of a bilateral
relationship serving the interests of both countries.
SEC. 203. DEFINITIONS.
In this title:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation.
(2) Foundation.--The term ``Foundation'' means the Vietnam
Education Foundation established in section 204.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(4) United states-vietnam debt agreement.--The term
``United States-Vietnam debt agreement'' means the Agreement
Between the Government of the United States of America and
the Government of the Socialist Republic of Vietnam Regarding
the Consolidation and Rescheduling of Certain Debts Owed to,
Guaranteed by, or Insured by the United States Government and
the Agency for International Development, dated April 7,
1997.
SEC. 204. ESTABLISHMENT.
There is established the Vietnam Education Foundation as an
independent establishment of the executive branch under
section 104 of title 5, United States Code.
SEC. 205. BOARD OF DIRECTORS.
(a) In General.--The Foundation shall be subject to the
supervision and direction of the Board of Directors, which
shall consist of 13 members, as follows:
(1) Two members of the House of Representatives appointed
by the Speaker of the House of Representatives, one of whom
shall be appointed upon the recommendation of the Majority
Leader and one of whom shall be appointed upon the
recommendation of the Minority Leader, and who shall serve as
ex officio, nonvoting members.
(2) Two members of the Senate, appointed by the President
pro tempore, one of whom shall be appointed upon the
recommendation of the Majority Leader and one of whom shall
be appointed upon the recommendation of the Minority Leader,
and who shall serve as ex officio, nonvoting members.
(3) Secretary of State.
(4) Secretary of Education.
(5) Secretary of Treasury.
(6) Six members to be appointed by the President from among
individuals in the nongovernmental sector who have academic
excellence or experience in the fields of concentration
specified in section 202(1)(A) or a general knowledge of
Vietnam, not less than three of whom shall be drawn from
academic life.
(b) Rotation of Membership.--(1) The term of office of each
member appointed under subsection (a)(6) shall be 3 years,
except that of the members initially appointed under that
subsection, two shall serve for terms of one year, two shall
serve for terms of two years, and two shall serve for terms
of three years.
(2) A member of Congress appointed under subsection (a)(1)
or (2) shall not serve as a member of the Board for more than
a total of six years.
(c) Chair.--The Board shall elect one of the members
appointed under subsection (a)(6) to serve as Chair.
(d) Meetings.--The Board shall meet upon the call of the
Chair but not less frequently than twice each year. A
majority of the voting members of the Board shall constitute
a quorum.
(e) Duties.--The Board shall--
(1) select the individuals who will be eligible to serve as
Fellows; and
(2) provide overall supervision and direction of the
Foundation.
(f) Compensation.--
(1) In general.--Except as provided in paragraph (2), each
member of the Board shall serve without compensation, and
members who are officers or employees of the United States
shall serve without compensation in addition to that received
for their services as officers or employees of the United
States.
(2) Travel expenses.--The members of the Board shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for employees of agencies
under subchapter I of chapter 57 of title 5, United States
Code, while away from their homes or regular places of
business in the performance of service for the Board.
SEC. 206. FELLOWSHIP PROGRAM.
(a) Award of Fellowships.--
(1) In general.--To carry out the purposes of this title,
the Foundation shall award fellowships to--
(A) Vietnamese nationals to study at institutions of higher
education in the United States at graduate and post-graduate
levels in the following fields: physical sciences, natural
sciences, mathematics, environmental sciences, medicine,
technology, and computer sciences; and
(B) United States citizens to teach in Vietnam in
appropriate Vietnamese institutions in the fields of study
described in subparagraph (A).
(2) Special emphasis on scientific and technical vocabulary
in english.--Fellowships awarded under paragraph (1) may
include funding for the study of scientific and technical
vocabulary in English.
(b) Criteria for Selection.--Fellowships under this title
shall be awarded to persons who meet the minimum criteria
established by the Foundation, including the following:
(1) Vietnamese nationals.--Vietnamese candidates for
fellowships shall have basic English proficiency and must
have the ability to meet the criteria for admission into
graduate or post-graduate programs in United States
institutions of higher learning.
(2) United states citizen teachers.--American teaching
candidates shall be highly competent in their fields and be
experienced and proficient teachers.
(c) Implementation.--The Foundation may provide, directly
or by contract, for the conduct of nationwide competition for
the purpose of selecting recipients of fellowships awarded
under this section.
(d) Authority To Award Fellowships on a Matching Basis.--
The Foundation may require, as a condition of the
availability of funds for the award of a fellowship under
this title, that an institution of higher education make
available funds for such fellowship on a matching basis.
(e) Fellowship Conditions.--A person awarded a fellowship
under this title may receive payments authorized under this
title only during such periods as the Foundation finds that
the person is maintaining satisfactory proficiency and
devoting full time to study or teaching, as appropriate, and
is not engaging in gainful employment other than employment
approved by the Foundation pursuant to regulations of the
Board.
(f) Funding.--
(1) Fiscal year 2001.--
(A) Authorization of appropriations.--There are authorized
to be appropriated to the Foundation $5,000,000 for fiscal
year 2001 to carry out the activities of the Foundation.
(B) Availability of funds.--Amounts appropriated pursuant
to subparagraph (A) are authorized to remain available until
expended.
(2) Fiscal year 2002 and subsequent fiscal years.--
Effective October 1, 2001, the Foundation shall utilize funds
transferred to the Foundation under section ____07.
SEC. 207. VIETNAM DEBT REPAYMENT FUND.
(a) Establishment.--Notwithstanding any other provision of
law, there is established in the Treasury a separate account
which shall be known as the Vietnam Debt Repayment Fund (in
this subsection referred to as the ``Fund'').
(b) Deposits.--There shall be deposited as offsetting
receipts into the Fund all payments (including interest
payments) made by the Socialist Republic of Vietnam under the
United States-Vietnam debt agreement.
(c) Availability of the Funds.--
(1) Fiscal year limitation.--Beginning with fiscal year
2002, and each subsequent fiscal year through fiscal year
2018, $5,000,000 of the amounts deposited into the Fund (or
accrued interest) each fiscal year shall be available to the
Foundation, without fiscal year limitation, under paragraph
(2).
(2) Disbursement of funds.--The Secretary of the Treasury,
at least on a quarterly basis, shall transfer to the
Foundation amounts allotted to the Foundation under paragraph
(1) for the purpose of carrying out its activities.
(3) Transfer of excess funds to miscellaneous receipts.--
Beginning with fiscal year 2002, and each subsequent fiscal
year through fiscal year 2018, the Secretary of the Treasury
shall withdraw from the Fund and deposit in the Treasury of
the United States as miscellaneous receipts all moneys in the
Fund in excess of amounts made available to the Foundation
under paragraph (1).
(d) Annual Report.--The Board shall prepare and submit
annually to Congress statements of financial condition of the
Fund, including the beginning balance, receipts, refunds to
appropriations, transfers to the general fund, and the ending
balance.
SEC. 208. FOUNDATION PERSONNEL MATTERS.
(a) Appointment by Board.--There shall be an Executive
Secretary of the Foundation who
[[Page H12282]]
shall be appointed by the Board without regard to the
provisions of title 5, United States Code, or any regulation
thereunder, governing appointment in the competitive service.
The Executive Director shall be the Chief Executive Officer
of the Foundation and shall carry out the functions of the
Foundation subject to the supervision and direction of the
Board. The Executive Director shall carry out such other
functions consistent with the provisions of this title as the
Board shall prescribe. The decision to employ or terminate an
Executive Director shall be made by an affirmative vote of at
least 6 of the 9 voting members of the Board.
(b) Professional Staff.--The Executive Director shall hire
Foundation staff on the basis of professional and nonpartisan
qualifications.
(c) Experts and Consultants.--The Executive Director may
procure temporary and intermittent services of experts and
consultants as are necessary to the extent authorized by
section 3109 of title 5, United States Code to carry out the
purposes of the Foundation.
(d) Compensation.--The Board may fix the compensation of
the Executive Director and other personnel without regard to
the provisions of chapter 51 and subchapter III of chapter 53
of title V, United States Code, relating to classification of
positions and General Schedule pay rates, except that the
rate of pay for the Executive Director and other personnel
may not exceed the rate payable for level V of the Executive
Schedule under section 5316 of such title.
SEC. 209. ADMINISTRATIVE PROVISIONS.
(a) In General.--In order to carry out this title, the
Foundation may--
(1) prescribe such regulations as it considers necessary
governing the manner in which its functions shall be carried
out;
(2) receive money and other property donated, bequeathed,
or devised, without condition or restriction other than it be
used for the purposes of the Foundation, and to use, sell, or
otherwise dispose of such property for the purpose of
carrying out its functions;
(3) accept and use the services of voluntary and
noncompensated personnel;
(4) enter into contracts or other arrangements, or make
grants, to carry out the provisions of this title, and enter
into such contracts or other arrangements, or make such
grants, with the concurrence of a majority of the members of
the Board, without performance or other bonds and without
regard to section 3709 of the Revised Statutes (41 U.S.C. 5);
(5) rent office space in the District of Columbia; and
(6) make other necessary expenditures.
(b) Annual Report.--The Foundation shall submit to the
President and to the Committee on Foreign Relations of the
Senate and the Committee on International Relations of the
House of Representatives an annual report of its operations
under this title.
SEC. 210. TERMINATION.
(a) In General.--The Foundation may not award any new
fellowship, or extend any existing fellowship, after
September 30, 2016.
(b) Abolishment.--Effective 120 days after the expiration
of the last fellowship in effect under this title, the
Foundation is abolished.
TITLE III--COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000
SECTION 301. SHORT TITLE; FINDINGS; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Colorado
Ute Settlement Act Amendments of 2000''.
(b) Findings.--Congress makes the following findings:
(1) In order to provide for a full and final settlement of
the claims of the Colorado Ute Indian Tribes on the Animas
and La Plata Rivers, the Tribes, the State of Colorado, and
certain of the non-Indian parties to the Agreement have
proposed certain modifications to the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585; 102
Stat. 2973).
(2) The claims of the Colorado Ute Indian Tribes on all
rivers in Colorado other than the Animas and La Plata Rivers
have been settled in accordance with the provisions of the
Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585; 102 Stat. 2973).
(3) The Indian and non-Indian communities of southwest
Colorado and northwest New Mexico will be benefited by a
settlement of the tribal claims on the Animas and La Plata
Rivers that provides the Tribes with a firm water supply
without taking water away from existing uses.
(4) The Agreement contemplated a specific timetable for the
delivery of irrigation and municipal and industrial water and
other benefits to the Tribes from the Animas-La Plata
Project, which timetable has not been met. The provision of
irrigation water can not presently be satisfied under the
current implementation of the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.) and the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.).
(5) In order to meet the requirements of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.), and in
particular the various biological opinions issued by the Fish
and Wildlife Service, the amendments made by this title are
needed to provide for a significant reduction in the
facilities and water supply contemplated under the Agreement.
(6) The substitute benefits provided to the Tribes under
the amendments made by this title, including the waiver of
capital costs and the provisions of funds for natural
resource enhancement, result in a settlement that provides
the Tribes with benefits that are equivalent to those that
the Tribes would have received under the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585; 102
Stat. 2973).
(7) The requirement that the Secretary of the Interior
comply with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) and other national environmental laws
before implementing the proposed settlement will ensure that
the satisfaction of the tribal water rights is accomplished
in an environmentally responsible fashion.
(8) In considering the full range of alternatives for
satisfying the water rights claims of the Southern Ute Indian
Tribe and Ute Mountain Ute Indian Tribe, Congress has held
numerous legislative hearings and deliberations, and reviewed
the considerable record including the following documents:
(A) The Final EIS No. INT-FES-80-18, dated July 1, 1980.
(B) The Draft Supplement to the FES No. INT-DES-92-41,
dated October 13, 1992.
(C) The Final Supplemental to the FES No. 96-23, dated
April 26, 1996;
(D) The Draft Supplemental EIS, dated January 14, 2000.
(E) The Final Supplemental EIS, dated July 2000.
(F) The Record of Decision for the Settlement of the
Colorado Ute Indian Waters, September 25, 2000.
(9) In the Record of Decision referred to in paragraph
(8)(F), the Secretary determined that the preferred
alternative could only proceed if Congress amended the
Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585; 102 Stat. 2973) so as to satisfy the
Tribal water rights claim through the construction of the
features authorized by this title. The amendments to the
Colorado Ute Indian Water Rights Settlement Act of 1988 set
forth in this title will provide the Ute Tribes with
substitute benefits equivalent to those that the Tribes would
have received under the Colorado Ute Indian Water Rights
Settlement Act of 1988, in a manner consistent with paragraph
(8) and the Federal Government's trust obligation.
(10) Based upon paragraph (8), it is the intent of Congress
to enact legislation that implements the Record of Decision
referred to in paragraph (8)(F).
(c) Definitions.--In this title:
(1) Agreement.--The term ``Agreement'' has the meaning
given that term in section 3(1) of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585;
102 Stat. 2973).
(2) Animas-la plata project.--The term ``Animas-La Plata
Project'' has the meaning given that term in section 3(2) of
the Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585; 102 Stat. 2973).
(3) Dolores project.--The term ``Dolores Project'' has the
meaning given that term in section 3(3) of the Colorado Ute
Indian Water Rights Settlement Act of 1988 (Public Law 100-
585; 102 Stat. 2974).
(4) Tribe; tribes.--The term ``Tribe'' or ``Tribes'' has
the meaning given that term in section 3(6) of the Colorado
Ute Indian Water Rights Settlement Act of 1988 (Public Law
100-585; 102 Stat. 2974).
SEC. 302. AMENDMENTS TO SECTION 6 OF THE COLORADO UTE INDIAN
WATER RIGHTS SETTLEMENT ACT OF 1988.
Subsection (a) of section 6 of the Colorado Ute Indian
Water Rights Settlement Act of 1988 (Public Law 100-585; 102
Stat. 2975) is amended to read as follows:
``(a) Reservoir; Municipal and Industrial Water.--
``(1) Facilities.--
``(A) In general.--After the date of enactment of this
subsection, but prior to January 1, 2005, or the date
established in the Amended Final Decree described in section
18(c), the Secretary, in order to settle the outstanding
claims of the Tribes on the Animas and La Plata Rivers,
acting through the Bureau of Reclamation, is specifically
authorized to--
``(i) complete construction of, and operate and maintain, a
reservoir, a pumping plant, a reservoir inlet conduit, and
appurtenant facilities with sufficient capacity to divert and
store water from the Animas River to provide for an average
annual depletion of 57,100 acre-feet of water to be used for
a municipal and industrial water supply, which facilities
shall--
``(I) be designed and operated in accordance with the
hydrologic regime necessary for the recovery of the
endangered fish of the San Juan River as determined by the
San Juan River Recovery Implementation Program;
``(II) be operated in accordance with the Animas-La Plata
Project Compact as approved by Congress in Public Law 90-537;
``(III) include an inactive pool of an appropriate size to
be determined by the Secretary following the completion of
required environmental compliance activities; and
``(IV) include those recreation facilities determined to be
appropriate by agreement between the State of Colorado and
the Secretary that shall address the payment of any of the
costs of such facilities by the State of Colorado in addition
to the costs described in paragraph (3); and
``(ii) deliver, through the use of the project components
referred to in clause (i), municipal and industrial water
allocations--
``(I) with an average annual depletion not to exceed 16,525
acre-feet of water, to the Southern Ute Indian Tribe for its
present and future needs;
``(II) with an average annual depletion not to exceed
16,525 acre-feet of water, to the Ute Mountain Ute Indian
Tribe for its present and future needs;
``(III) with an average annual depletion not to exceed
2,340 acre-feet of water, to the Navajo Nation for its
present and future needs;
``(IV) with an average annual depletion not to exceed
10,400 acre-feet of water, to the San Juan Water Commission
for its present and future needs;
``(V) with an average annual depletion of an amount not to
exceed 2,600 acre-feet of water, to the Animas-La Plata
Conservancy District for its present and future needs;
``(VI) with an average annual depletion of an amount not to
exceed 5,230 acre-feet of water, to
[[Page H12283]]
the State of Colorado for its present and future needs; and
``(VII) with an average annual depletion of an amount not
to exceed 780 acre-feet of water, to the La Plata Conservancy
District of New Mexico for its present and future needs.
``(B) Applicability of other federal law.--The
responsibilities of the Secretary described in subparagraph
(A) are subject to the requirements of Federal laws related
to the protection of the environment and otherwise applicable
to the construction of the proposed facilities, including the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.), the Clean Water Act (42 U.S.C. 7401 et seq.), and the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).
Nothing in this Act shall be construed to predetermine or
otherwise affect the outcome of any analysis conducted by the
Secretary or any other Federal official under applicable
laws.
``(C) Limitation.--
``(i) In general.--If constructed, the facilities described
in subparagraph (A) shall constitute the Animas-La Plata
Project. Construction of any other project features
authorized by Public Law 90-537 shall not be commenced
without further express authorization from Congress.
``(ii) Contingency in application.--If the facilities
described in subparagraph (A) are not constructed and
operated, clause (i) shall not take effect.
``(2) Tribal construction costs.--Construction costs
allocable to the facilities that are required to deliver the
municipal and industrial water allocations described in
subclauses (I), (II) and (III) of paragraph (1)(A)(ii) shall
be nonreimbursable to the United States.
``(3) Nontribal water capital obligations.--
``(A) In general.--Under the provisions of section 9 of the
Act of August 4, 1939 (43 U.S.C. 485h), the nontribal
municipal and industrial water capital repayment obligations
for the facilities described in paragraph (1)(A)(i) may be
satisfied upon the payment in full of the nontribal water
capital obligations prior to the initiation of construction.
The amount of the obligations described in the preceding
sentence shall be determined by agreement between the
Secretary of the Interior and the entity responsible for such
repayment as to the appropriate reimbursable share of the
construction costs allocated to that entity's municipal water
storage. Such repayment shall be consistent with Federal
reclamation law, including the Colorado River Storage Project
Act of 1956 (43 U.S.C. 620 et seq.). Such agreement shall
take into account the fact that the construction of certain
project facilities, including those facilities required to
provide irrigation water supplies from the Animas-La Plata
Project, is not authorized under paragraph (1)(A)(i) and no
costs associated with the design or development of such
facilities, including costs associated with environmental
compliance, shall be allocable to the municipal and
industrial users of the facilities authorized under such
paragraph.
``(B) Nontribal repayment obligation subject to final cost
allocation.--The nontribal repayment obligation set forth in
subparagraph (A) shall be subject to a final cost allocation
by the Secretary upon project completion. In the event that
the final cost allocation indicates that additional repayment
is warranted based on the applicable entity's share of
project water storage and determination of overall
reimbursable cost, that entity may elect to enter into a new
agreement to make the additional payment necessary to secure
the full water supply identified in paragraph (1)(A)(ii). If
the repayment entity elects not to enter into a new
agreement, the portion of project storage relinquished by
such election shall be available to the Secretary for
allocation to other project purposes. Additional repayment
shall only be warranted for reasonable and unforeseen costs
associated with project construction as determined by the
Secretary in consultation with the relevant repayment
entities.
``(C) Report.--Not later than April 1, 2001, the Secretary
shall report to Congress on the status of the cost-share
agreements contemplated in subparagraph (A). In the event
that no agreement is reached with either the Animas-La Plata
Conservancy District or the State of Colorado for the water
allocations set forth in subclauses (V) and (VI) of
paragraph (1)(A)(ii), those allocations shall be
reallocated equally to the Colorado Ute Tribes.
``(4) Tribal water allocations.--
``(A) In general.--With respect to municipal and industrial
water allocated to a Tribe from the Animas-La Plata Project
or the Dolores Project, until that water is first used by a
Tribe or used pursuant to a water use contract with the
Tribe, the Secretary shall pay the annual operation,
maintenance, and replacement costs allocable to that
municipal and industrial water allocation of the Tribe.
``(B) Treatment of costs.--A Tribe shall not be required to
reimburse the Secretary for the payment of any cost referred
to in subparagraph (A).
``(5) Repayment of pro rata share.--Upon a Tribe's first
use of an increment of a municipal and industrial water
allocation described in paragraph (4), or the Tribe's first
use of such water pursuant to the terms of a water use
contract--
``(A) repayment of that increment's pro rata share of those
allocable construction costs for the Dolores Project shall be
made by the Tribe; and
``(B) the Tribe shall bear a pro rata share of the
allocable annual operation, maintenance, and replacement
costs of the increment as referred to in paragraph (4).''.
SEC. 303. MISCELLANEOUS.
The Colorado Ute Indian Water Rights Settlement Act of 1988
(Public Law 100-585; 102 Stat. 2973) is amended by adding at
the end the following:
``SEC. 15. NEW MEXICO AND NAVAJO NATION WATER
MATTERS.
``(a) Assignment of Water Permit.--Upon the request of the
State Engineer of the State of New Mexico, the Secretary
shall, as soon as practicable, in a manner consistent with
applicable law, assign, without consideration, to the New
Mexico Animas-La Plata Project beneficiaries or to the New
Mexico Interstate Stream Commission in accordance with the
request of the State Engineer, the Department of the
Interior's interest in New Mexico State Engineer Permit
Number 2883, dated May 1, 1956, in order to fulfill the New
Mexico non-Navajo purposes of the Animas-La Plata Project, so
long as the permit assignment does not affect the application
of the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.) to the use of the water involved.
``(b) Navajo Nation Municipal Pipeline.--The Secretary is
specifically authorized to construct a water line to augment
the existing system that conveys the municipal water
supplies, in an amount not less than 4,680 acre-feet per
year, to the Navajo Indian Reservation at or near Shiprock,
New Mexico. The Secretary shall comply with all applicable
environmental laws with respect to such water line.
Construction costs allocated to the Navajo Nation for such
water line shall be nonreimbursable to the United States.
``(c) Protection of Navajo Water Claims.--Nothing in this
Act, including the permit assignment authorized by subsection
(a), shall be construed to quantify or otherwise adversely
affect the water rights and the claims of entitlement to
water of the Navajo Nation.
``SEC. 16. RESOURCE FUNDS.
``(a) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section, $8,000,000 for
each of fiscal years 2002 through 2006. Not later than 60
days after amounts are appropriated and available to the
Secretary for a fiscal year under this paragraph, the
Secretary shall make a payment to each of the Tribal Resource
Funds established under subsection (b). Each such payment
shall be equal to 50 percent of the amount appropriated for
the fiscal year involved.
``(b) Funds.--The Secretary shall establish a--
``(1) Southern Ute Tribal Resource Fund; and
``(2) Ute Mountain Ute Tribal Resource Fund.
``(c) Tribal Development.--
``(1) Investment.--The Secretary shall, in the absence of
an approved tribal investment plan provided for under
paragraph (2), invest the amount in each Tribal Resource Fund
established under subsection (b) in accordance with the Act
entitled, `An Act to authorize the deposit and investment of
Indian funds' approved June 24, 1938 (25 U.S.C. 162a). With
the exception of the funds referred to in paragraph
(3)(B)(i), the Secretary shall disburse, at the request of a
Tribe, the principal and income in its Resource Fund, or any
part thereof, in accordance with a resource acquisition and
enhancement plan approved under paragraph (3).
``(2) Investment plan.--
``(A) In general.--In lieu of the investment provided for
in paragraph (1), a Tribe may submit a tribal investment plan
applicable to all or part of the Tribe's Tribal Resource
Fund, except with respect to the funds referred to in
paragraph (3)(B)(i).
``(B) Approval.--Not later than 60 days after the date on
which an investment plan is submitted under subparagraph (A),
the Secretary shall approve such investment plan if the
Secretary finds that the plan is reasonable and sound. If the
Secretary does not approve such investment plan, the
Secretary shall set forth in writing and with particularity
the reasons for such disapproval. If such investment plan is
approved by the Secretary, the Tribal Resource Fund involved
shall be disbursed to the Tribe to be invested by the Tribe
in accordance with the approved investment plan, subject to
subsection (d).
``(C) Compliance.--The Secretary may take such steps as the
Secretary determines to be necessary to monitor the
compliance of a Tribe with an investment plan approved under
subparagraph (B). The United States shall not be responsible
for the review, approval, or audit of any individual
investment under the plan. The United States shall not be
directly or indirectly liable with respect to any such
investment, including any act or omission of the Tribe in
managing or investing such funds.
``(D) Economic development plan.--The principal and income
derived from tribal investments under an investment plan
approved under subparagraph (B) shall be subject to the
provisions of this section and shall be expended only in
accordance with an economic development plan approved under
paragraph (3)(B).
``(3) Economic development plan.--
``(A) In general.--Each Tribe shall submit to the Secretary
a resource acquisition and enhancement plan for all or any
portion of its Tribal Resource Fund.
``(B) Approval.--Not later than 60 days after the date on
which a plan is submitted under subparagraph (A), the
Secretary shall approve such plan if it is consistent with
the following requirements:
``(i) With respect to at least \3/4\ of the funds
appropriated pursuant to this section and consistent with the
long-standing practice of the Tribes and other local entities
and communities to work together to use their respective
water rights and resources for mutual benefit, at least \3/4\
of the funds appropriated pursuant to this section shall be
utilized to enhance, restore, and utilize the Tribes' natural
resources in partnership with adjacent non-Indian communities
or entities in the area.
``(ii) The plan must be reasonably related to the
protection, acquisition, enhancement, or development of
natural resources for the benefit of the Tribe and its
members.
[[Page H12284]]
``(iii) Notwithstanding any other provision of law and in
order to ensure that the Federal Government fulfills the
objectives of the Record of Decision referred to in section
301(b)(8)(F) of the Colorado Ute Settlement Act Amendments of
2000 by requiring that the funds referred to in clause (i)
are expended directly by employees of the Federal Government,
the Secretary acting through the Bureau of Reclamation shall
expend not less than \1/3\ of the funds referred to in clause
(i) for municipal or rural water development and not less
than \2/3\ of the funds referred to such clause for resource
acquisition and enhancement.
``(C) Modification.--Subject to the provisions of this Act
and the approval of the Secretary, each Tribe may modify a
plan approved under subparagraph (B).
``(D) Liability.--The United States shall not be directly
or indirectly liable for any claim or cause of action arising
from the approval of a plan under this paragraph, or from the
use and expenditure by the Tribe of the principal or interest
of the Funds.
``(d) Limitation on Per Capita Distributions.--No part of
the principal contained in the Tribal Resource Fund, or of
the income accruing to such funds, or the revenue from any
water use contract, shall be distributed to any member of
either Tribe on a per capita basis.
``(e) Limitation on Setting Aside Final Consent Decree.--
Neither the Tribes nor the United States shall have the right
to set aside the final consent decree solely because the
requirements of subsection (c) are not complied with or
implemented.
``(f) Limitation on Disbursement of Tribal Resource
Funds.--Any funds appropriated under this section shall be
placed into the Southern Ute Tribal Resource Fund and the Ute
Mountain Ute Tribal Resource Fund in the Treasury of the
United States but shall not be available for disbursement
under this section until the final settlement of the tribal
claims as provided in section 18. The Secretary of the
Interior may, in the Secretary's sole discretion, authorize
the disbursement of funds prior to the final settlement in
the event that the Secretary determines that substantial
portions of the settlement have been completed. In the event
that the funds are not disbursed under the terms of this
section by December 31, 2012, such funds shall be deposited
in the general fund of the Treasury.
``SEC. 17. COLORADO UTE SETTLEMENT FUND.
``(a) Establishment of Fund.--There is hereby established
within the Treasury of the United States a fund to be known
as the `Colorado Ute Settlement Fund'.
``(b) Authorization of Appropriations.--There is authorized
to be appropriated to the Colorado Ute Settlement Fund such
funds as are necessary to complete the construction of the
facilities described in sections 6(a)(1)(A) and 15(b) within
7 years of the date of enactment of this section. Such funds
are authorized to be appropriated for each of the first 5
fiscal years beginning with the first full fiscal year
following the date of enactment of this section.
``SEC. 18. FINAL SETTLEMENT.
``(a) In General.--The construction of the facilities
described in section 6(a)(1)(A), the allocation of the water
supply from those facilities to the Tribes as described in
that section, and the provision of funds to the Tribes in
accordance with section 16 and the issuance of an amended
final consent decree as contemplated in subsection (c) shall
constitute final settlement of the tribal claims to water
rights on the Animas and La Plata Rivers in the State of
Colorado.
``(b) Statutory Construction.--Nothing in this section
shall be construed to affect the right of the Tribes to water
rights on the streams and rivers described in the Agreement,
other than the Animas and La Plata Rivers, to receive the
amounts of water dedicated to tribal use under the Agreement,
or to acquire water rights under the laws of the State of
Colorado.
``(c) Action by the Attorney General.--The Attorney General
shall file with the District Court, Water Division Number 7,
of the State of Colorado, such instruments as may be
necessary to request the court to amend the final consent
decree to provide for the amendments made to this Act under
the Colorado Ute Indian Water Rights Settlement Act
Amendments of 2000. The amended final consent decree shall
specify terms and conditions to provide for an extension of
the current January 1, 2005, deadline for the Tribes to
commence litigation of their reserved rights claims on the
Animas and La Plata Rivers.
``SEC. 19. STATUTORY CONSTRUCTION; TREATMENT OF CERTAIN
FUNDS.
``(a) In General.--Nothing in the amendments made by the
Colorado Ute Settlement Act Amendments of 2000 shall be
construed to affect the applicability of any provision of
this Act.
``(b) Treatment of Uncommitted Portion of Cost-Sharing
Obligation.--The uncommitted portion of the cost-sharing
obligation of the State of Colorado referred to in section
6(a)(3) shall be made available, upon the request of the
State of Colorado, to the State of Colorado after the date on
which payment is made of the amount specified in that
section.''.
TITLE IV
SECTION 401. DESIGNATION OF AMERICAN MUSEUM OF SCIENCE AND
ENERGY.
(a) In General.--The Museum--
(1) is designated as the ``American Museum of Science and
Energy''; and
(2) shall be the official museum of science and energy of
the United States.
(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Museum is deemed to be a reference to the ``American Museum
of Science and Energy''.
(c) Property of the United States.--
(1) In general.--The name ``American Museum of Science and
Energy'' is declared the property of the United States.
(2) Use.--The Museum shall have the sole right throughout
the United States and its possessions to have and use the
name ``American Museum of Science and Energy''.
(3) Effect on other rights.--This subsection shall not be
construed to conflict or interfere with established or vested
rights.
SEC. 402. AUTHORITY.
To carry out the activities of the Museum, the Secretary
may--
(1) accept and dispose of any gift, devise, or bequest of
services or property, real or personal, that is--
(A) designated in a written document by the person making
the gift, devise, or bequest as intended for the Museum; and
(B) determined by the Secretary to be suitable and
beneficial for use by the Museum;
(2) operate a retail outlet on the premises of the Museum
for the purpose of selling or distributing items (including
mementos, food, educational materials, replicas, and
literature) that are--
(A) relevant to the contents of the Museum; and
(B) informative, educational, and tasteful;
(3) collect reasonable fees where feasible and appropriate;
(4) exhibit, perform, display, and publish materials and
information of or relating to the Museum in any media or
place;
(5) consistent with guidelines approved by the Secretary,
lease space on the premises of the Museum at reasonable rates
and for uses consistent with such guidelines; and
(6) use the proceeds of activities authorized under this
section to pay the costs of the Museum.
SEC. 403. MUSEUM VOLUNTEERS.
(a) Authority To Use Volunteers.--The Secretary may
recruit, train, and accept the services of individuals or
entities as volunteers for services or activities related to
the Museum.
(b) Status of Volunteers.--
(1) In general.--Except as provided in paragraph (2),
service by a volunteer under subsection (a) shall not be
considered Federal employment.
(2) Exceptions.--
(A) Federal tort claims act.--For purposes of chapter 171
of title 28, United States Code, a volunteer under subsection
(a) shall be treated as an employee of the Government (as
defined in section 2671 of that title).
(B) Compensation for work injuries.--For purposes of
subchapter I of chapter 81 of title 5, United States Code, a
volunteer described in subsection (a) shall be treated as an
employee (as defined in section 8101 of title 5, United
States Code).
(c) Compensation.--A volunteer under subsection (a) shall
serve without pay, but may receive nominal awards and
reimbursement for incidental expenses, including expenses for
a uniform or transportation in furtherance of Museum
activities.
SEC. 404. DEFINITIONS.
For purposes of this Act:
(1) Museum.--The term ``Museum'' means the museum operated
by the Secretary of Energy and located at 300 South Tulane
Avenue in Oak Ridge, Tennessee.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Energy or a designated representative of the Secretary.
TITLE V--LOWER MISSISSIPPI RIVER REGION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Delta Regional Authority
Act of 2000''.
SEC. 502. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the lower Mississippi River region (referred to in this
title as the ``region''), though rich in natural and human
resources, lags behind the rest of the United States in
economic growth and prosperity;
(2) the region suffers from a greater proportion of
measurable poverty and unemployment than any other region of
the United States;
(3) the greatest hope for economic growth and
revitalization in the region lies in the development of
transportation infrastructure, creation of jobs, expansion of
businesses, and development of entrepreneurial local
economies;
(4) the economic progress of the region requires an
adequate transportation and physical infrastructure, a
skilled and trained workforce, and greater opportunities for
enterprise development and entrepreneurship;
(5) a concerted and coordinated effort among Federal,
State, and local agencies, the private sector, and nonprofit
groups is needed if the region is to achieve its full
potential for economic development;
(6) economic development planning on a regional or
multicounty basis offers the best prospect for achieving the
maximum benefit from public and private investments; and
(7) improving the economy of the region requires a special
emphasis on areas of the region that are most economically
distressed.
(b) Purposes.--The purposes of this title are--
(1) to promote and encourage the economic development of
the region--
(A) to ensure that the communities and people in the region
have the opportunity for economic development; and
(B) to ensure that the economy of the region reaches
economic parity with that of the rest of the United States;
(2) to establish a formal framework for joint Federal-State
collaboration in meeting and focusing national attention on
the economic development needs of the region;
(3) to assist the region in obtaining the transportation
and basic infrastructure, skills training, and opportunities
for economic development that are essential for strong local
economies;
[[Page H12285]]
(4) to foster coordination among all levels of government,
the private sector, and nonprofit groups in crafting common
regional strategies that will lead to broader economic
growth;
(5) to strengthen efforts that emphasize regional
approaches to economic development and planning;
(6) to encourage the participation of interested citizens,
public officials, agencies, and others in developing and
implementing local and regional plans for broad-based
economic and community development; and
(7) to focus special attention on areas of the region that
suffer from the greatest economic distress.
SEC. 503. DELTA REGIONAL AUTHORITY.
The Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) is amended by adding at the end the following:
``Subtitle F--Delta Regional Authority
``SEC. 382A. DEFINITIONS.
``In this subtitle:
``(1) Authority.--The term `Authority' means the Delta
Regional Authority established by section 382B.
``(2) Region.--The term `region' means the Lower
Mississippi (as defined in section 4 of the Delta Development
Act (42 U.S.C. 3121 note; Public Law 100-460)).
``(3) Federal grant program.--The term `Federal grant
program' means a Federal grant program to provide assistance
in--
``(A) acquiring or developing land;
``(B) constructing or equipping a highway, road, bridge, or
facility; or
``(C) carrying out other economic development activities.
``SEC. 382B. DELTA REGIONAL AUTHORITY.
``(a) Establishment.--
``(1) In general.--There is established the Delta Regional
Authority.
``(2) Composition.--The Authority shall be composed of--
``(A) a Federal member, to be appointed by the President,
with the advice and consent of the Senate; and
``(B) the Governor (or a designee of the Governor) of each
State in the region that elects to participate in the
Authority.
``(3) Cochairpersons.--The Authority shall be headed by--
``(A) the Federal member, who shall serve--
``(i) as the Federal cochairperson; and
``(ii) as a liaison between the Federal Government and the
Authority; and
``(B) a State cochairperson, who--
``(i) shall be a Governor of a participating State in the
region; and
``(ii) shall be elected by the State members for a term of
not less than 1 year.
``(b) Alternate Members.--
``(1) State alternates.--The State member of a
participating State may have a single alternate, who shall
be--
``(A) a resident of that State; and
``(B) appointed by the Governor of the State.
``(2) Alternate federal cochairperson.--The President shall
appoint an alternate Federal cochairperson.
``(3) Quorum.--A State alternate shall not be counted
toward the establishment of a quorum of the Authority in any
instance in which a quorum of the State members is required
to be present.
``(4) Delegation of power.--No power or responsibility of
the Authority specified in paragraphs (2) and (3) of
subsection (c), and no voting right of any Authority member,
shall be delegated to any person--
``(A) who is not a Authority member; or
``(B) who is not entitled to vote in Authority meetings.
``(c) Voting.--
``(1) In general.--A decision by the Authority shall
require a majority vote of the Authority (not including any
member representing a State that is delinquent under
subsection (g)(2)(C)) to be effective.
``(2) Quorum.--A quorum of State members shall be required
to be present for the Authority to make any policy decision,
including--
``(A) a modification or revision of a Authority policy
decision;
``(B) approval of a State or regional development plan; and
``(C) any allocation of funds among the States.
``(3) Project and grant proposals.--The approval of project
and grant proposals shall be--
``(A) a responsibility of the Authority; and
``(B) conducted in accordance with section 382I.
``(4) Voting by alternate members.--An alternate member
shall vote in the case of the absence, death, disability,
removal, or resignation of the Federal or State
representative for which the alternate member is an
alternate.
``(d) Duties.--The Authority shall--
``(1) develop, on a continuing basis, comprehensive and
coordinated plans and programs to establish priorities and
approve grants for the economic development of the region,
giving due consideration to other Federal, State, and local
planning and development activities in the region;
``(2) not later than 220 days after the date of enactment
of this subtitle, establish priorities in a development plan
for the region (including 5-year regional outcome targets);
``(3) assess the needs and assets of the region based on
available research, demonstrations, investigations,
assessments, and evaluations of the region prepared by
Federal, State, and local agencies, universities, local
development districts, and other nonprofit groups;
``(4) formulate and recommend to the Governors and
legislatures of States that participate in the Authority
forms of interstate cooperation;
``(5) work with State and local agencies in developing
appropriate model legislation;
``(6)(A) enhance the capacity of, and provide support for,
local development districts in the region; or
``(B) if no local development district exists in an area in
a participating State in the region, foster the creation of a
local development district;
``(7) encourage private investment in industrial,
commercial, and other economic development projects in the
region; and
``(8) cooperate with and assist State governments with
economic development programs of participating States.
``(e) Administration.--In carrying out subsection (d), the
Authority may--
``(1) hold such hearings, sit and act at such times and
places, take such testimony, receive such evidence, and print
or otherwise reproduce and distribute a description of the
proceedings and reports on actions by the Authority as the
Authority considers appropriate;
``(2) authorize, through the Federal or State co-
chairperson or any other member of the Authority designated
by the Authority, the administration of oaths if the
Authority determines that testimony should be taken or
evidence received under oath; and
``(3) request from any Federal, State, or local department
or agency such information as may be available to or
procurable by the department or agency that may be of use to
the Authority in carrying out duties of the Authority;
``(4) adopt, amend, and repeal bylaws and rules governing
the conduct of Authority business and the performance of
Authority duties;
``(5) request the head of any Federal department or agency
to detail to the Authority such personnel as the Authority
requires to carry out duties of the Authority, each such
detail to be without loss of seniority, pay, or other
employee status;
``(6) request the head of any State department or agency or
local government to detail to the Authority such personnel as
the Authority requires to carry out duties of the Authority,
each such detail to be without loss of seniority, pay, or
other employee status;
``(7) provide for coverage of Authority employees in a
suitable retirement and employee benefit system by--
``(A) making arrangements or entering into contracts with
any participating State government; or
``(B) otherwise providing retirement and other employee
benefit coverage;
``(8) accept, use, and dispose of gifts or donations of
services or real, personal, tangible, or intangible property;
``(9) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as are
necessary to carry out Authority duties, including any
contracts, leases, or cooperative agreements with--
``(A) any department, agency, or instrumentality of the
United States;
``(B) any State (including a political subdivision, agency,
or instrumentality of the State); or
``(C) any person, firm, association, or corporation; and
``(10) establish and maintain a central office and field
offices at such locations as the Authority may select.
``(f) Federal Agency Cooperation.--A Federal agency shall--
``(1) cooperate with the Authority; and
``(2) provide, on request of the Federal cochairperson,
appropriate assistance in carrying out this subtitle, in
accordance with applicable Federal laws (including
regulations).
``(g) Administrative Expenses.--
``(1) In general.--Administrative expenses of the Authority
(except for the expenses of the Federal cochairperson,
including expenses of the alternate and staff of the Federal
cochairperson, which shall be paid solely by the Federal
Government) shall be paid--
``(A) by the Federal Government, in an amount equal to 50
percent of the administrative expenses; and
``(B) by the States in the region participating in the
Authority, in an amount equal to 50 percent of the
administrative expenses.
``(2) State share.--
``(A) In general.--The share of administrative expenses of
the Authority to be paid by each State shall be determined by
the Authority.
``(B) No federal participation.--The Federal cochairperson
shall not participate or vote in any decision under
subparagraph (A).
``(C) Delinquent states.--If a State is delinquent in
payment of the State's share of administrative expenses of
the Authority under this subsection--
``(i) no assistance under this subtitle shall be furnished
to the State (including assistance to a political subdivision
or a resident of the State); and
``(ii) no member of the Authority from the State shall
participate or vote in any action by the Authority.
``(h) Compensation.--
``(1) Federal cochairperson.--The Federal cochairperson
shall be compensated by the Federal Government at level III
of the Executive Schedule in subchapter II of chapter 53 of
title V, United States Code.
``(2) Alternate federal cochairperson.--The alternate
Federal cochairperson--
``(A) shall be compensated by the Federal Government at
level V of the Executive Schedule described in paragraph (1);
and
``(B) when not actively serving as an alternate for the
Federal cochairperson, shall perform such functions and
duties as are delegated by the Federal cochairperson.
``(3) State members and alternates.--
``(A) In general.--A State shall compensate each member and
alternate representing the State on the Authority at the rate
established by law of the State.
``(B) No additional compensation.--No State member or
alternate member shall receive any salary, or any
contribution to or supplementation of salary from any source
other than the State for services provided by the member or
alternate to the Authority.
[[Page H12286]]
``(4) Detailed employees.--
``(A) In general.--No person detailed to serve the
Authority under subsection (e)(6) shall receive any salary or
any contribution to or supplementation of salary for services
provided to the Authority from--
``(i) any source other than the State, local, or
intergovernmental department or agency from which the person
was detailed; or
``(ii) the Authority.
``(B) Violation.--Any person that violates this paragraph
shall be fined not more than $5,000, imprisoned not more than
1 year, or both.
``(C) Applicable law.--The Federal cochairperson, the
alternate Federal cochairperson, and any Federal officer or
employee detailed to duty on the Authority under subsection
(e)(5) shall not be subject to subparagraph (A), but shall
remain subject to sections 202 through 209 of title 18,
United States Code.
``(5) Additional personnel.--
``(A) Compensation.--
``(i) In general.--The Authority may appoint and fix the
compensation of an executive director and such other
personnel as are necessary to enable the Authority to carry
out the duties of the Authority.
``(ii) Exception.--Compensation under clause (i) shall not
exceed the maximum rate for the Senior Executive Service
under section 5382 of title 5, United States Code, including
any applicable locality-based comparability payment that may
be authorized under section 5304(h)(2)(C) of that title.
``(B) Executive director.--The executive director shall be
responsible for--
``(i) the carrying out of the administrative duties of the
Authority;
``(ii) direction of the Authority staff; and
``(iii) such other duties as the Authority may assign.
``(C) No federal employee status.--No member, alternate,
officer, or employee of the Authority (except the Federal
cochairperson of the Authority, the alternate and staff for
the Federal cochairperson, and any Federal employee detailed
to the Authority under subsection (e)(5)) shall be considered
to be a Federal employee for any purpose.
``(i) Conflicts of Interest.--
``(1) In general.--Except as provided under paragraph (2),
no State member, alternate, officer, or employee of the
Authority shall participate personally and substantially as a
member, alternate, officer, or employee of the Authority,
through decision, approval, disapproval, recommendation, the
rendering of advice, investigation, or otherwise, in any
proceeding, application, request for a ruling or other
determination, contract, claim, controversy, or other matter
in which, to knowledge of the member, alternate, officer, or
employee--
``(A) the member, alternate, officer, or employee;
``(B) the spouse, minor child, partner, or organization
(other than a State or political subdivision of the State) of
the member, alternate, officer, or employee, in which the
member, alternate, officer, or employee is serving as
officer, director, trustee, partner, or employee; or
``(C) any person or organization with whom the member,
alternate, officer, or employee is negotiating or has any
arrangement concerning prospective employment;
has a financial interest.
``(2) Disclosure.--Paragraph (1) shall not apply if the
State member, alternate, officer, or employee--
``(A) immediately advises the Authority of the nature and
circumstances of the proceeding, application, request for a
ruling or other determination, contract, claim, controversy,
or other particular matter presenting a potential conflict of
interest;
``(B) makes full disclosure of the financial interest; and
``(C) before the proceeding concerning the matter
presenting the conflict of interest, receives a written
determination by the Authority that the interest is not so
substantial as to be likely to affect the integrity of the
services that the Authority may expect from the State member,
alternate, officer, or employee.
``(3) Violation.--Any person that violates this subsection
shall be fined not more than $10,000, imprisoned not more
than 2 years, or both.
``(j) Validity of Contracts, Loans, and Grants.--The
Authority may declare void any contract, loan, or grant of or
by the Authority in relation to which the Authority
determines that there has been a violation of any provision
under subsection (h)(4), subsection (i), or sections 202
through 209 of title 18, United States Code.
``SEC. 382C. ECONOMIC AND COMMUNITY DEVELOPMENT GRANTS.
``(a) In General.--The Authority may approve grants to
States and public and nonprofit entities for projects,
approved in accordance with section 382I--
``(1) to develop the transportation infrastructure of the
region for the purpose of facilitating economic development
in the region (except that grants for this purpose may only
be made to a State or local government);
``(2) to assist the region in obtaining the job training,
employment-related education, and business development (with
an emphasis on entrepreneurship) that are needed to build and
maintain strong local economies;
``(3) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
improving basic public services;
``(4) to provide assistance to severely distressed and
underdeveloped areas that lack financial resources for
equipping industrial parks and related facilities; and
``(5) to otherwise achieve the purposes of this subtitle.
``(b) Funding.--
``(1) In general.--Funds for grants under subsection (a)
may be provided--
``(A) entirely from appropriations to carry out this
section;
``(B) in combination with funds available under another
Federal or Federal grant program; or
``(C) from any other source.
``(2) Priority of funding.--To best build the foundations
for long-term economic development and to complement other
Federal and State resources in the region, Federal funds
available under this subtitle shall be focused on the
activities in the following order or priority:
``(A) Basic public infrastructure in distressed counties
and isolated areas of distress.
``(B) Transportation infrastructure for the purpose of
facilitating economic development in the region.
``(C) Business development, with emphasis on
entrepreneurship.
``(D) Job training or employment-related education, with
emphasis on use of existing public educational institutions
located in the region.
``(3) Federal share in grant programs.--Notwithstanding any
provision of law limiting the Federal share in any grant
program, funds appropriated to carry out this section may be
used to increase a Federal share in a grant program, as the
Authority determines appropriate.
``SEC. 382D. SUPPLEMENTS TO FEDERAL GRANT PROGRAMS.
``(a) Finding.--Congress finds that certain States and
local communities of the region, including local development
districts, may be unable to take maximum advantage of Federal
grant programs for which the States and communities are
eligible because--
``(1) they lack the economic resources to meet the required
matching share; or
``(2) there are insufficient funds available under the
applicable Federal grant law authorizing the program to meet
pressing needs of the region.
``(b) Federal Grant Program Funding.--In accordance with
subsection (c), the Federal cochairperson may use amounts
made available to carry out this subtitle, without regard to
any limitations on areas eligible for assistance or
authorizations for appropriation under any other Act, to fund
all or any portion of the basic Federal contribution to a
project or activity under a Federal grant program in the
region in an amount that is above the fixed maximum portion
of the cost of the project otherwise authorized by applicable
law, but not to exceed 90 percent of the costs of the project
(except as provided in section 382F(b)).
``(c) Certification.--
``(1) In general.--In the case of any program or project
for which all or any portion of the basic Federal
contribution to the project under a Federal grant program is
proposed to be made under this section, no Federal
contribution shall be made until the Federal official
administering the Federal law authorizing the contribution
certifies that the program or project--
``(A) meets the applicable requirements of the applicable
Federal grant law; and
``(B) could be approved for Federal contribution under the
law if funds were available under the law for the program or
project.
``(2) Certification by authority.--
``(A) In general.--The certifications and determinations
required to be made by the Authority for approval of projects
under this subtitle in accordance with section 382I--
``(i) shall be controlling; and
``(ii) shall be accepted by the Federal agencies.
``(B) Acceptance by federal cochairperson.--Any finding,
report, certification, or documentation required to be
submitted to the head of the department, agency, or
instrumentality of the Federal Government responsible for the
administration of any Federal grant program shall be accepted
by the Federal cochairperson with respect to a supplemental
grant for any project under the program.
``SEC. 382E. LOCAL DEVELOPMENT DISTRICTS; CERTIFICATION AND
ADMINISTRATIVE EXPENSES.
``(a) Definition of Local Development District.--In this
section, the term `local development district' means an
entity that--
``(1) is--
``(A) a planning district in existence on the date of
enactment of this subtitle that is recognized by the Economic
Development Administration of the Department of Commerce; or
``(B) where an entity described in subparagraph (A) does
not exist--
``(i) organized and operated in a manner that ensures
broad-based community participation and an effective
opportunity for other nonprofit groups to contribute to the
development and implementation of programs in the region;
``(ii) governed by a policy board with at least a simple
majority of members consisting of elected officials or
employees of a general purpose unit of local government who
have been appointed to represent the government;
``(iii) certified to the Authority as having a charter or
authority that includes the economic development of counties
or parts of counties or other political subdivisions
within the region--
``(I) by the Governor of each State in which the entity is
located; or
``(II) by the State officer designated by the appropriate
State law to make the certification; and
``(iv)(I) a nonprofit incorporated body organized or
chartered under the law of the State in which the entity is
located;
``(II) a nonprofit agency or instrumentality of a State or
local government;
``(III) a public organization established before the date
of enactment of this subtitle under State law for creation of
multi-jurisdictional, area-wide planning organizations; or
``(IV) a nonprofit association or combination of bodies,
agencies, and instrumentalities described in subclauses (I)
through (III); and
[[Page H12287]]
``(2) has not, as certified by the Federal cochairperson--
``(A) inappropriately used Federal grant funds from any
Federal source; or
``(B) appointed an officer who, during the period in which
another entity inappropriately used Federal grant funds from
any Federal source, was an officer of the other entity.
``(b) Grants to Local Development Districts.--
``(1) In general.--The Authority may make grants for
administrative expenses under this section.
``(2) Conditions for grants.--
``(A) Maximum amount.--The amount of any grant awarded
under paragraph (1) shall not exceed 80 percent of the
administrative expenses of the local development district
receiving the grant.
``(B) Maximum period.--No grant described in paragraph (1)
shall be awarded to a State agency certified as a local
development district for a period greater than 3 years.
``(C) Local share.--The contributions of a local
development district for administrative expenses may be in
cash or in kind, fairly evaluated, including space,
equipment, and services.
``(c) Duties of Local Development Districts.--A local
development district shall--
``(1) operate as a lead organization serving multicounty
areas in the region at the local level; and
``(2) serve as a liaison between State and local
governments, nonprofit organizations (including community-
based groups and educational institutions), the business
community, and citizens that--
``(A) are involved in multijurisdictional planning;
``(B) provide technical assistance to local jurisdictions
and potential grantees; and
``(C) provide leadership and civic development assistance.
``SEC. 382F. DISTRESSED COUNTIES AND AREAS AND NONDISTRESSED
COUNTIES.
``(a) Designations.--Not later than 90 days after the date
of enactment of this subtitle, and annually thereafter, the
Authority, in accordance with such criteria as the Authority
may establish, shall designate--
``(1) as distressed counties, counties in the region that
are the most severely and persistently distressed and
underdeveloped and have high rates of poverty or
unemployment;
``(2) as nondistressed counties, counties in the region
that are not designated as distressed counties under
paragraph (1); and
``(3) as isolated areas of distress, areas located in
nondistressed counties (as designated under paragraph (2))
that have high rates of poverty or unemployment.
``(b) Distressed Counties.--
``(1) In general.--The Authority shall allocate at least 75
percent of the appropriations made available under section
382M for programs and projects designed to serve the needs of
distressed counties and isolated areas of distress in the
region.
``(2) Funding limitations.--The funding limitations under
section 382D(b) shall not apply to a project providing
transportation or basic public services to residents of 1 or
more distressed counties or isolated areas of distress in the
region.
``(c) Nondistressed Counties.--
``(1) In general.--Except as provided in this subsection,
no funds shall be provided under this subtitle for a project
located in a county designated as a nondistressed county
under subsection (a)(2).
``(2) Exceptions.--
``(A) In general.--The funding prohibition under paragraph
(1) shall not apply to grants to fund the administrative
expenses of local development districts under section
382E(b).
``(B) Multicounty projects.--The Authority may waive the
application of the funding prohibition under paragraph (1)
to--
``(i) a multicounty project that includes participation by
a nondistressed county; or
``(ii) any other type of project;
if the Authority determines that the project could bring
significant benefits to areas of the region outside a
nondistressed county.
``(C) Isolated areas of distress.--For a designation of an
isolated area of distress for assistance to be effective, the
designation shall be supported--
``(i) by the most recent Federal data available; or
``(ii) if no recent Federal data are available, by the most
recent data available through the government of the State in
which the isolated area of distress is located.
``(d) Transportation and Basic Public Infrastructure.--The
Authority shall allocate at least 50 percent of any funds
made available under section 382M for transportation and
basic public infrastructure projects authorized under
paragraphs (1) and (3) of section 382C(a).
``SEC. 382G. DEVELOPMENT PLANNING PROCESS.
``(a) State Development Plan.--In accordance with policies
established by the Authority, each State member shall submit
a development plan for the area of the region represented by
the State member.
``(b) Content of Plan.--A State development plan submitted
under subsection (a) shall reflect the goals, objectives, and
priorities identified in the regional development plan
developed under section 382B(d)(2).
``(c) Consultation With Interested Local Parties.--In
carrying out the development planning process (including the
selection of programs and projects for assistance), a State
may--
``(1) consult with--
``(A) local development districts; and
``(B) local units of government; and
``(2) take into consideration the goals, objectives,
priorities, and recommendations of the entities described in
paragraph (1).
``(d) Public Participation.--
``(1) In general.--The Authority and applicable State and
local development districts shall encourage and assist, to
the maximum extent practicable, public participation in the
development, revision, and implementation of all plans and
programs under this subtitle.
``(2) Regulations.--The Authority shall develop guidelines
for providing public participation described in paragraph
(1), including public hearings.
``SEC. 382H. PROGRAM DEVELOPMENT CRITERIA.
``(a) In General.--In considering programs and projects to
be provided assistance under this subtitle, and in
establishing a priority ranking of the requests for
assistance provided by the Authority, the Authority shall
follow procedures that ensure, to the maximum extent
practicable, consideration of--
``(1) the relationship of the project or class of projects
to overall regional development;
``(2) the per capita income and poverty and unemployment
rates in an area;
``(3) the financial resources available to the applicants
for assistance seeking to carry out the project, with
emphasis on ensuring that projects are adequately financed to
maximize the probability of successful economic development;
``(4) the importance of the project or class of projects in
relation to other projects or classes of projects that may be
in competition for the same funds;
``(5) the prospects that the project for which assistance
is sought will improve, on a continuing rather than a
temporary basis, the opportunities for employment, the
average level of income, or the economic development of the
area served by the project; and
``(6) the extent to which the project design provides for
detailed outcome measurements by which grant expenditures and
the results of the expenditures may be evaluated.
``(b) No Relocation Assistance.--No financial assistance
authorized by this subtitle shall be used to assist a person
or entity in relocating from 1 area to another, except that
financial assistance may be used as otherwise authorized by
this title to attract businesses from outside the region to
the region.
``(c) Reduction of Funds.--Funds may be provided for a
program or project in a State under this subtitle only if the
Authority determines that the level of Federal or State
financial assistance provided under a law other than this
subtitle, for the same type of program or project in the same
area of the State within the region, will not be reduced as a
result of funds made available by this subtitle.
``SEC. 382I. APPROVAL OF DEVELOPMENT PLANS AND PROJECTS.
``(a) In General.--A State or regional development plan or
any multistate subregional plan that is proposed for
development under this subtitle shall be reviewed by the
Authority.
``(b) Evaluation by State Member.--An application for a
grant or any other assistance for a project under this
subtitle shall be made through and evaluated for approval by
the State member of the Authority representing the applicant.
``(c) Certification.--An application for a grant or other
assistance for a project shall be approved only on
certification by the State member that the application for
the project--
``(1) describes ways in which the project complies with any
applicable State development plan;
``(2) meets applicable criteria under section 382H;
``(3) provides adequate assurance that the proposed project
will be properly administered, operated, and maintained; and
``(4) otherwise meets the requirements of this subtitle.
``(d) Votes for Decisions.--On certification by a State
member of the Authority of an application for a grant or
other assistance for a specific project under this section,
an affirmative vote of the Authority under section 382B(c)
shall be required for approval of the application.
``SEC. 382J. CONSENT OF STATES.
``Nothing in this subtitle requires any State to engage in
or accept any program under this subtitle without the consent
of the State.
``SEC. 382K. RECORDS.
``(a) Records of the Authority.--
``(1) In general.--The Authority shall maintain accurate
and complete records of all transactions and activities of
the Authority.
``(2) Availability.--All records of the Authority shall be
available for audit and examination by the Comptroller
General of the United States and the Inspector General of the
Department of Agriculture (including authorized
representatives of the Comptroller General and the Inspector
General of the Department of Agriculture).
``(b) Records of Recipients of Federal Assistance.--
``(1) In general.--A recipient of Federal funds under this
subtitle shall, as required by the Authority, maintain
accurate and complete records of transactions and activities
financed with Federal funds and report on the transactions
and activities to the Authority.
``(2) Availability.--All records required under paragraph
(1) shall be available for audit by the Comptroller General
of the United States, the Inspector General of the Department
of Agriculture, and the Authority (including authorized
representatives of the Comptroller General, the Inspector
General of the Department of Agriculture, and the Authority).
``(c) Annual Audit.--The Inspector General of the
Department of Agriculture shall audit the activities,
transactions, and records of the Authority on an annual
basis.
``SEC. 382L. ANNUAL REPORT.
``Not later than 180 days after the end of each fiscal
year, the Authority shall submit to the
[[Page H12288]]
President and to Congress a report describing the activities
carried out under this subtitle.
``SEC. 382M. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There is authorized to be appropriated
to the Authority to carry out this subtitle $30,000,000 for
each of fiscal years 2001 through 2002, to remain available
until expended.
``(b) Administrative Expenses.--Not more than 5 percent of
the amount appropriated under subsection (a) for a fiscal
year shall be used for administrative expenses of the
Authority.
``SEC. 382N. TERMINATION OF AUTHORITY.
``This subtitle and the authority provided under this
subtitle expire on October 1, 2002.''.
SEC. 504. AREA COVERED BY LOWER MISSISSIPPI DELTA DEVELOPMENT
COMMISSION.
(a) In General.--Section 4(2)(D) of the Delta Development
Act (42 U.S.C. 3121 note; 102 Stat. 2246) is amended by
inserting ``Natchitoches,'' after ``Winn,''.
(b) Conforming Amendment.--The matter under the heading
``salaries and expenses'' under the heading ``Farmers Home
Administration'' in title II of Public Law 100-460 (102 Stat.
2246) is amended in the fourth proviso by striking ``carry
out'' and all that follows through ``bills are hereby'' and
inserting ``carry out S. 2836, the Delta Development Act, as
introduced in the Senate on September 27, 1988, and that bill
is''.
TITLE VI--DAKOTA WATER RESOURCES ACT OF 2000
SECTION 601. SHORT TITLE.
This title may be cited as the ``Dakota Water Resources Act
of 2000''.
SEC. 602. PURPOSES AND AUTHORIZATION.
Section 1 of Public Law 89-108 (79 Stat. 433; 100 Stat.
418) is amended--
(1) in subsection (a)--
(A) in paragraph (2), by striking ``of'' and inserting
``within'';
(B) in paragraph (5), by striking ``more timely'' and
inserting ``appropriate''; and
(C) in paragraph (7), by striking ``federally-assisted
water resource development project providing irrigation for
130,940 acres of land'' and inserting ``multipurpose
federally assisted water resource project providing
irrigation, municipal, rural, and industrial water systems,
fish, wildlife, and other natural resource conservation and
development, recreation, flood control, ground water
recharge, and augmented stream flows'';
(2) in subsection (b)--
(A) by inserting ``, jointly with the State of North
Dakota,'' after ``construct'';
(B) by striking ``the irrigation of 130,940 acres'' and
inserting ``irrigation'';
(C) by striking ``fish and wildlife conservation'' and
inserting ``fish, wildlife, and other natural resource
conservation'';
(D) by inserting ``augmented stream flows, ground water
recharge,'' after ``flood control,''; and
(E) by inserting ``(as modified by the Dakota Water
Resources Act of 2000)'' before the period at the end;
(3) in subsection (e), by striking ``terminated'' and all
that follows and inserting ``terminated.''; and
(4) by striking subsections (f) and (g) and inserting the
following:
``(f) Costs.--
``(1) Estimate.--The Secretary shall estimate--
``(A) the actual construction costs of the facilities
(including mitigation facilities) in existence as of the date
of enactment of the Dakota Water Resources Act of 2000; and
``(B) the annual operation, maintenance, and replacement
costs associated with the used and unused capacity of the
features in existence as of that date.
``(2) Repayment contract.--An appropriate repayment
contract shall be negotiated that provides for the making of
a payment for each payment period in an amount that is
commensurate with the percentage of the total capacity of the
project that is in actual use during the payment period.
``(3) Operation and maintenance costs.--Except as otherwise
provided in this Act or Reclamation Law--
``(A) The Secretary shall be responsible for the costs of
operation and maintenance of the proportionate share of unit
facilities in existence on the date of enactment of the
Dakota Water Resources Act of 2000 attributable to the
capacity of the facilities (including mitigation facilities)
that remain unused;
``(B) The State of North Dakota shall be responsible for
costs of operation and maintenance of the proportionate share
of existing unit facilities that are used and shall be
responsible for the full costs of operation and maintenance
of any facility constructed after the date of enactment of
the Dakota Water Resources Act of 2000; and
``(C) The State of North Dakota shall be responsible for
the costs of providing energy to authorized unit facilities.
``(g) Agreement Between the Secretary and the State.--The
Secretary shall enter into 1 or more agreements with the
State of North Dakota to carry out this Act, including
operation and maintenance of the completed unit facilities
and the design and construction of authorized new unit
facilities by the State.
``(h) Boundary Waters Treaty of 1909.--
``(1) Delivery of water into the hudson bay basin.--Prior
to construction of any water systems authorized under this
Act to deliver Missouri River water into the Hudson Bay
basin, the Secretary, in consultation with the Secretary of
State and the Administrator of the Environmental Protection
Agency, must determine that adequate treatment can be
provided to meet the requirements of the Treaty between the
United States and Great Britain relating to Boundary Waters
Between the United States and Canada, signed at Washington,
January 11, 1909 (26 Stat. 2448; TS 548) (commonly known as
the Boundary Waters Treaty of 1909).
``(2) Costs.--All costs of construction, operation,
maintenance, and replacement of water treatment and related
facilities authorized by this Act and attributable to meeting
the requirements of the treaty referred to in paragraph (1)
shall be nonreimbursable.''.
SEC. 603. FISH AND WILDLIFE.
Section 2 of Public Law 89-108 (79 Stat. 433; 100 Stat.
419) is amended--
(1) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Fish and Wildlife Costs.--All fish and wildlife
enhancement costs incurred in connection with waterfowl
refuges, waterfowl production areas, and wildlife
conservation areas proposed for Federal or State
administration shall be nonreimbursable.
``(c) Recreation Areas.--
``(1) Costs.--If non-Federal public bodies continue to
agree to administer land and water areas approved for
recreation and agree to bear not less than 50 percent of the
separable costs of the unit allocated to recreation and
attributable to those areas and all the costs of operation,
maintenance, and replacement incurred in connection
therewith, the remainder of the separable capital costs so
allocated and attributed shall be nonreimbursable.
``(2) Approval.--The recreation areas shall be approved by
the Secretary in consultation and coordination with the State
of North Dakota.
``(d) Non-Federal Share.--The non-Federal share of the
separable capital costs of the unit allocated to recreation
shall be borne by non-Federal interests, using the following
methods, as the Secretary may determine to be appropriate:
``(1) Services in kind.
``(2) Payment, or provision of lands, interests therein, or
facilities for the unit.
``(3) Repayment, with interest, within 50 years of first
use of unit recreation facilities.'';
(2) in subsection (e)--
(A) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(B) by inserting ``(1)'' after ``(e)'';
(C) in paragraph (2) (as redesignated by subparagraph
(A))--
(i) in the first sentence--
(I) by striking ``within ten years after initial unit
operation to administer for recreation and fish and wildlife
enhancement'' and inserting ``to administer for recreation'';
and
(II) by striking ``which are not included within Federal
waterfowl refuges and waterfowl production areas''; and
(ii) in the second sentence, by striking ``or fish and
wildlife enhancement''; and
(D) in the first sentence of paragraph (3) (as redesignated
by subparagraph (A))--
(i) by striking ``, within ten years after initial
operation of the unit,''; and
(ii) by striking ``paragraph (1) of this subsection'' and
inserting ``paragraph (2)'';
(3) in subsection (f), by striking ``and fish and wildlife
enhancement''; and
(4) in subsection (j)--
(A) in paragraph (1), by striking ``prior to the completion
of construction of Lonetree Dam and Reservoir''; and
(B) by adding at the end the following:
``(4) Taayer reservoir.--Taayer Reservoir is deauthorized
as a project feature. The Secretary, acting through the
Commissioner of Reclamation, shall acquire (including
acquisition through donation or exchange) up to 5,000 acres
in the Kraft and Pickell Slough areas and to manage the area
as a component of the National Wildlife Refuge System giving
consideration to the unique wildlife values of the area. In
acquiring the lands which comprise the Kraft and Pickell
Slough complex, the Secretary shall acquire wetlands in the
immediate vicinity which may be hydrologically related and
nearby uplands as may be necessary to provide for proper
management of the complex. The Secretary shall provide for
appropriate visitor access and control at the refuge.
``(5) Deauthorization of lonetree dam and reservoir.--The
Lonetree Dam and Reservoir is deauthorized, and the Secretary
shall designate the lands acquired for the former reservoir
site as a wildlife conservation area. The Secretary shall
enter into an agreement with the State of North Dakota
providing for the operation and maintenance of the wildlife
conservation area as an enhancement feature, the costs of
which shall be paid by the Secretary.''.
SEC. 604. INTEREST CALCULATION.
Section 4 of Public Law 89-108 (100 Stat. 435) is amended
by adding at the end the following: ``Interest during
construction shall be calculated only until such date as the
Secretary declares any particular feature to be substantially
complete, regardless of whether the feature is placed into
service.''.
SEC. 605. IRRIGATION FACILITIES.
Section 5 of Public Law 89-108 (100 Stat. 419) is amended--
(1) by striking ``Sec. 5. (a)(1)'' and all that follows
through subsection (c) and inserting the following:
``SEC. 5. IRRIGATION FACILITIES.
``(a) In General.--
``(1) Authorized development.--In addition to the 5,000-
acre Oakes Test Area in existence on the date of enactment of
the Dakota Water Resources Act of 2000, the Secretary may
develop irrigation in--
``(A) the Turtle Lake service area (13,700 acres);
``(B) the McClusky Canal service area (10,000 acres); and
``(C) if the investment costs are fully reimbursed without
aid to irrigation from the Pick-
[[Page H12289]]
Sloan Missouri Basin Program, the New Rockford Canal service
area (1,200 acres).
``(2) Development not authorized.--None of the irrigation
authorized by this section may be developed in the Hudson
Bay/Devils Lake Basin.
``(3) No excess development.--The Secretary shall not
develop irrigation in the service areas described in
paragraph (1) in excess of the acreage specified in that
paragraph, except that the Secretary shall develop up to
28,000 acres of irrigation in other areas of North Dakota
(such as the Elk/Charbonneau, Mon-Dak, Nesson Valley,
Horsehead Flats, and Oliver-Mercer areas) that are not
located in the Hudson Bay/Devils Lake drainage basin or James
River drainage basin.
``(4) Pumping power.--Irrigation development authorized by
this section shall be considered authorized units of the
Pick-Sloan Missouri Basin Program and eligible to receive
project pumping power.
``(5) Principal supply works.--The Secretary shall maintain
the Snake Creek Pumping Plant, New Rockford Canal, and
McClusky Canal features of the principal supply works.
Subject to the provisions of section (8) of this Act, the
Secretary shall select a preferred alternative to implement
the Dakota Water Resources Act of 2000. In making this
section, one of the alternatives the Secretary shall consider
is whether to connect the principal supply works in existence
on the date of enactment.'';
(2) by redesignating subsections (d), (e), and (f) as
subsections (b), (c), and (d), respectively;
(3) in the first sentence of subsection (b) (as
redesignated by paragraph (2)), by striking ``(a)(1)'' and
inserting ``(a)'';
(4) in the first sentence of subsection (c) (as
redesignated by paragraph (2)), by striking ``Lucky Mound
(7,700 acres), Upper Six Mile Creek (7,500 acres)'' and
inserting ``Lucky Mound (7,700 acres) and Upper Six Mile
Creek (7,500 acres), or such other lands at Fort Berthold of
equal acreage as may be selected by the tribe and approved by
the Secretary,''; and
(5) by adding at the end the following:
``(e) Irrigation Report to Congress.--
``(1) In general.--The Secretary shall investigate and
prepare a detailed report on the undesignated 28,000 acres in
subsection (a)(3) as to costs and benefits for any irrigation
units to be developed under Reclamation law.
``(2) Finding.--The report shall include a finding on the
economic, financial and engineering feasibility of the
proposed irrigation unit, but shall be limited to the
undesignated 28,000 acres.
``(3) Authorization.--If the Secretary finds that the
proposed construction is feasible, such irrigation units are
authorized without further Act of Congress.
``(4) Documentation.--No expenditure for the construction
of facilities authorized under this section shall be made
until after the Secretary, in cooperation with the State of
North Dakota, has prepared the appropriate documentation in
accordance with section 1 and pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
analyzing the direct and indirect impacts of implementing the
report.''.
SEC. 606. POWER.
Section 6 of Public Law 89-108 (79 Stat. 435; 100 Stat.
421) is amended--
(1) in subsection (b)--
(A) by striking ``Notwithstanding the provisions of'' and
inserting ``Pursuant to the provisions of''; and
(B) by striking ``revenues,'' and all that follows and
inserting ``revenues.''; and
(2) by striking subsection (c) and inserting the following:
``(c) No Increase in Rates or Affect on Repayment
Methodology.--In accordance with the last sentence of section
302(a)(3) of the Department of Energy Organization Act (42
U.S.C. 7152(a)(3)), section 1(e) shall not result in any
reallocation of project costs and shall not result in
increased rates to Pick-Sloan Missouri Basin Program
customers. Nothing in the Dakota Water Resources Act of 2000
alters or affects in any way the repayment methodology in
effect as of the date of enactment of that Act for other
features of the Pick-Sloan Missouri Basin Program.''.
SEC. 607. MUNICIPAL, RURAL, AND INDUSTRIAL WATER SERVICE.
Section 7 of Public Law 89-108 (100 Stat. 422) is amended--
(1) in subsection (a)(3)--
(A) in the second sentence--
(i) by striking ``The non-Federal share'' and inserting
``Unless otherwise provided in this Act, the non-Federal
share'';
(ii) by striking ``each water system'' and inserting
``water systems'';
(iii) by inserting after the second sentence the following:
``The State may use the Federal and non-Federal funds to
provide grants or loans for municipal, rural, and industrial
water systems. The State shall use the proceeds of repaid
loans for municipal, rural, and industrial water systems.
Proceeds from loan repayments and any interest thereon shall
be treated as Federal funds.''; and
(iv) by striking the last sentence and inserting the
following: ``The Southwest Pipeline Project, the Northwest
Area Water Supply Project, the Red River Valley Water Supply
Project, and other municipal, industrial, and rural water
systems in the State of North Dakota shall be eligible for
funding under the terms of this section. Funding provided
under this section for the Red River Valley Water Supply
Project shall be in addition to funding for that project
under section 10(a)(1)(B). The amount of non-Federal
contributions made after May 12, 1986, that exceeds the 25
percent requirement shall be credited to the State for future
use in municipal, rural, and industrial projects under this
section.''; and
(2) by striking subsections (b), (c), and (d) and inserting
the following:
``(b) Water Conservation Program.--The State of North
Dakota may use funds provided under subsections (a) and
(b)(1)(A) of section 10 to develop and implement a water
conservation program. The Secretary and the State shall
jointly establish water conservation goals to meet the
purposes of the State program and to improve the availability
of water supplies to meet the purposes of this Act. If the
State achieves the established water conservation goals, the
non-Federal cost share for future projects under subsection
(a)(3) shall be reduced to 24.5 percent.
``(c) Nonreimbursability of Costs.--With respect to the
Southwest Pipeline Project, the Northwest Area Water Supply
Project, the Red River Valley Water Supply Project, and other
municipal, industrial, and rural water systems in North
Dakota, the costs of the features constructed on the Missouri
River by the Secretary of the Army before the date of
enactment of the Dakota Water Resources Act of 2000 shall be
nonreimbursable.
``(d) Indian Municipal Rural and Industrial Water Supply.--
The Secretary shall construct, operate, and maintain such
municipal, rural, and industrial water systems as the
Secretary determines to be necessary to meet the economic,
public health, and environmental needs of the Fort Berthold,
Standing Rock, Turtle Mountain (including the Trenton Indian
Service Area), and Fort Totten Indian Reservations and
adjacent areas.''.
SEC. 608. SPECIFIC FEATURES.
(a) Sykeston Canal.--Sykeston Canal is hereby deauthorized.
(b) In General.--Public Law 89-108 (100 Stat. 423) is
amended by striking section 8 and inserting the following:
``SEC. 8. SPECIFIC FEATURES.
``(a) Red River Valley Water Supply Project.--
``(1) In general.--Subject to the requirements of this
section, the Secretary shall construct a feature or features
to provide water to the Sheyenne River water supply and
release facility or such other feature or features as are
selected under subsection (d).
``(2) Design and construction.--The feature or features
shall be designed and constructed to meet only the following
water supply requirements as identified in the report
prepared pursuant to subsection (b) of this section:
Municipal, rural, and industrial water supply needs; ground
water recharge; and streamflow augmentation.
``(3) Commencement of construction.--(A) If the Secretary
selects a project feature under this section that would
provide water from the Missouri River or its tributaries to
the Sheyenne River water supply and release facility or from
the Missouri River or its tributaries to such other
conveyance facility as the Secretary selects under this
section, no later than 90 days after the completion of the
final environmental impact statement, the Secretary shall
transmit to Congress a comprehensive report which provides--
``(i) a detailed description of the proposed project
feature;
``(ii) a summary of major issues addressed in the
environmental impact statement;
``(iii) likely effects, if any, on other States bordering
the Missouri River and on the State of Minnesota; and
``(iv) a description of how the project feature complies
with the requirements of section 1(h)(1) of this Act
(relating to the Boundary Waters Treaty of 1909).
``(B) No project feature or features that would provide
water from the Missouri River or its tributaries to the
Sheyenne River water supply and release facility or from the
Missouri River or its tributaries to such other conveyance
facility as the Secretary selects under this section shall be
constructed unless such feature is specifically authorized by
an Act of Congress approved subsequent to the Secretary's
transmittal of the report required in subparagraph (A). If,
after complying with subsections (b) through (d) of this
section, the Secretary selects a feature or features using
only in-basin sources of water to meet the water needs of the
Red River Valley identified in subsection (b), such features
are authorized without further Act of Congress. The Act of
Congress referred to in this subparagraph must be an
authorization bill, and shall not be a bill making
appropriations.
``(C) The Secretary may not commence construction on the
feature until a master repayment contract or water service
agreement consistent with this Act between the Secretary and
the appropriate non-Federal entity has been executed.
``(b) Report on Red River Valley Water Needs and Options.--
``(1) In general.--The Secretary of the Interior shall
conduct a comprehensive study of the water quality and
quantity needs of the Red River Valley in North Dakota and
possible options for meeting those needs.
``(2) Needs.--The needs addressed in the report shall
include such needs as--
``(A) municipal, rural, and industrial water supplies;
``(B) water quality;
``(C) aquatic environment;
``(D) recreation; and
``(E) water conservation measures.
``(3) Process.--In conducting the study, the Secretary
through an open and public process shall solicit input from
gubernatorial designees from states that may be affected by
possible options to meet such needs as well as designees from
other federal agencies with relevant expertise. For any
option that includes an out-of-basin solution, the Secretary
shall consider the effect of the option on other states that
may be affected by such option, as well as other appropriate
considerations. Upon completion, a draft
[[Page H12290]]
of the study shall be provided by the Secretary to such
states and federal agencies. Such states and agencies shall
be given not less than 120 days to review and comment on the
study method, findings and conclusions leading to any
alternative that may have an impact on such states or on
resources subject to such federal agencies' jurisdiction. The
Secretary shall receive and take into consideration any such
comments and produce a final report and transmit the final
report to Congress.
``(4) Limitation.--No design or construction of any feature
or features that facilitate an out-of-basin transfer from the
Missouri River drainage basin shall be authorized under the
provisions of this subsection.
``(c) Environmental Impact Statement.--
``(1) In general.--Nothing in this section shall be
construed to supersede any requirements under the National
Environmental Policy Act or the Administrative Procedures
Act.
``(2) Draft.--
``(A) Deadline.--Pursuant to an agreement between the
Secretary and State of North Dakota as authorized under
section 1(g), not later than 1 year after the date of
enactment of the Dakota Water Resources Act of 2000, the
Secretary and the State of North Dakota shall jointly
prepare and complete a draft environmental impact
statement concerning all feasible options to meet the
comprehensive water quality and quantity needs of the Red
River Valley and the options for meeting those needs,
including the delivery of Missouri River water to the Red
River Valley.
``(B) Report on status.--If the Secretary and State of
North Dakota cannot prepare and complete the draft
environmental impact statement within 1 year after the date
of enactment of the Dakota Water Resources Act of 2000, the
Secretary, in consultation and coordination with the State of
North Dakota, shall report to Congress on the status of this
activity, including an estimate of the date of completion.
``(3) Final.--
``(A) Deadline.--Not later than 1 year after filing the
draft environmental impact statement, a final environmental
impact statement shall be prepared and published.
``(B) Report on status.--If the Secretary and State of
North Dakota cannot prepare and complete a final
environmental impact statement within 1 year of the
completion of the draft environmental impact statement, the
Secretary, in consultation and coordination with the State of
North Dakota, shall report to Congress on the status of this
activity, including an estimate of the date of completion.
``(d) Process for Selection.--
``(1) In general.--After reviewing the final report
required by subsection (b)(1) and complying with subsection
(c), the Secretary, in consultation and coordination with the
State of North Dakota in coordination with affected local
communities, shall select 1 or more project features
described in subsection (a) that will meet the comprehensive
water quality and quantity needs of the Red River Valley. The
Secretary's selection of an alternative shall be subject to
judicial review.
``(2) Agreements.--If the Secretary selects an option under
paragraph (1) that uses only in-basin sources of water, not
later than 180 days after the record of decision has been
executed, the Secretary shall enter into a cooperative
agreement with the State of North Dakota to construct the
feature or features selected. If the Secretary selects an
option under paragraph (1) that would require a further act
of Congress under the provisions of subsection (a), not later
than 180 days after the date of enactment of legislation
required under subsection (a) the Secretary shall enter into
a cooperative agreement with the State of North Dakota to
construct the feature or features authorized by that
legislation.
``(e) Sheyenne River Water Supply and Release or Alternate
Features.--The Secretary shall construct, operate, and
maintain a Sheyenne River water supply and release feature
(including a water treatment plant) capable of delivering 100
cubic feet per second of water or any other amount determined
in the reports under this section, for the cities of Fargo
and Grand Forks and surrounding communities, or such other
feature or features as may be selected under subsection (d).
``(f) Devils Lake.--No funds authorized under this Act may
be used to carry out the portion of the feasibility study of
the Devils Lake basin, North Dakota, authorized under the
Energy and Water Development Appropriations Act of 1993
(Public Law 102-377), that addresses the needs of the area
for stabilized lake levels through inlet controls, or to
otherwise study any facility or carry out any activity that
would permit the transfer of water from the Missouri River
drainage basin into Devils Lake, North Dakota.''.
SEC. 609. OAKES TEST AREA TITLE TRANSFER.
Public Law 89-108 (100 Stat. 423) is amended by striking
section 9 and inserting the following:
``SEC. 9. OAKES TEST AREA TITLE TRANSFER.
``(a) In General.--Not later than 2 years after execution
of a record of decision under section 8(d) on whether to use
the New Rockford Canal as a means of delivering water to the
Red River Basin as described in section 8, the Secretary
shall enter into an agreement with the State of North Dakota,
or its designee, to convey title and all or any rights,
interests, and obligations of the United States in and to the
Oakes Test Area as constructed and operated under Public Law
99-294 (100 Stat. 418) under such terms and conditions as the
Secretary believes would fully protect the public interest.
``(b) Terms and Conditions.--The agreement shall define the
terms and conditions of the transfer of the facilities,
lands, mineral estate, easements, rights-of-way and water
rights including the avoidance of costs that the Federal
Government would otherwise incur in the case of a failure
to agree under subsection (d).
``(c) Compliance.--The action of the Secretary under this
section shall comply with all applicable requirements of
Federal, State, and local law.
``(d) Failure To Agree.--If an agreement is not reached
within the time limit specified in subsection (a), the
Secretary shall dispose of the Oakes Test Area facilities
under the Federal Property and Administrative Services Act of
1949 (40 U.S.C. 471 et seq.).''.
SEC. 610. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of Public Law 89-108 (100 Stat. 424; 106 Stat.
4669, 4739) is amended--
(1) in subsection (a)--
(A) by striking ``(a)(1) There are authorized'' and
inserting the following:
``(a) Water Distribution Features.--
``(1) In general.--
``(A) Main stem supply works.--There is authorized'';
(B) in paragraph (1)--
(i) in the first sentence, by striking ``$270,395,000 for
carrying out the provisions of section 5(a) through 5(c) and
section 8(a)(1) of this Act'' and inserting ``$164,000,000 to
carry out section 5(a)'';
(ii) by inserting after subparagraph (A) (as designated by
clause (i)) the following:
``(B) Red river valley water supply project.--There is
authorized to be appropriated to carry out section 8(a)(1)
$200,000,000.''; and
(iii) by striking ``Such sums'' and inserting the
following:
``(C) Availability.--Such sums''; and
(C) in paragraph (2)--
(i) by striking ``(2) There is'' and inserting the
following:
``(2) Indian irrigation.--
``(A) In general.--There is'';
(ii) by striking ``for carrying out section 5(e) of this
Act'' and inserting ``to carry out section 5(c)''; and
(iii) by striking ``Such sums'' and inserting the
following:
``(B) Availability.--Such sums'';
(2) in subsection (b)--
(A) by striking ``(b)(1) There is'' and inserting the
following:
``(b) Municipal, Rural, and Industrial Water Supply.--
``(1) Statewide.--
``(A) Initial amount.--There is'';
(B) in paragraph (1)--
(i) by inserting before ``Such sums'' the following:
``(B) Additional amount.--In addition to the amount under
subparagraph (A), there is authorized to be appropriated to
carry out section 7(a) $200,000,000.''; and
(ii) by striking ``Such sums'' and inserting the following:
``(C) Availability.--Such sums''; and
(C) in paragraph (2)--
(i) by striking ``(2) There are authorized to be
appropriated $61,000,000'' and all that follows through
``Act.'' and inserting the following:
``(2) Indian municipal, rural, and industrial and other
delivery features.--
``(A) Initial amount.--There is authorized to be
appropriated--
``(i) to carry out section 8(a)(1), $40,500,000; and
``(ii) to carry out section 7(d), $20,500,000.'';
(ii) by inserting before ``Such sums'' the following:
``(B) Additional amount.--
``(i) In general.--In addition to the amount under
subparagraph (A), there is authorized to be appropriated to
carry out section 7(d) $200,000,000.
``(ii) Allocation.--The amount under clause (i) shall be
allocated as follows:
``(I) $30,000,000 to the Fort Totten Indian Reservation.
``(II) $70,000,000 to the Fort Berthold Indian Reservation.
``(IV) $80,000,000 to the Standing Rock Indian Reservation.
``(V) $20,000,000 to the Turtle Mountain Indian
Reservation.''; and
(ii) by striking ``Such sums'' and inserting the following:
``(C) Availability.--Such sums'';
(3) in subsection (c)--
(A) by striking ``(c) There is'' and inserting the
following:
``(c) Resources Trust and Other Provisions.--
``(1) Initial amount.--There is''; and
(B) by striking the second and third sentences and
inserting the following:
``(2) Additional amount.--In addition to amount under
paragraph (1), there are authorized to be appropriated--
``(A) $6,500,000 to carry out recreational projects; and
``(B) an additional $25,000,000 to carry out section 11;
to remain available until expended.
``(3) Recreational projects.--Of the funds authorized under
paragraph (2) for recreational projects, up to $1,500,000 may
be used to fund a wetland interpretive center in the State of
North Dakota.
``(4) Operation and maintenance.--
``(A) In general.-- There are authorized to be appropriated
such sums as are necessary for operation and maintenance of
the unit (including the mitigation and enhancement features).
``(B) Authorization limits.--Expenditures for operation and
maintenance of features substantially completed and features
constructed before the date of enactment of the Dakota Water
Resources Act of 2000, including funds expended for such
purposes since the date of enactment of Public Law 99-294,
shall not be counted against the authorization limits in this
section.
``(5) Mitigation and enhancement land.--On or about the
date on which the features authorized by section 8(a) are
operational, a separate account in the Natural Resources
Trust authorized by section 11 shall be established for
[[Page H12291]]
operation and maintenance of the mitigation and enhancement
land associated with the unit.''; and
(4) by striking subsection (e) and inserting the following:
``(e) Indexing.--The $200,000,000 amount under subsection
(b)(1)(B), the $200,000,000 amount under subsection
(a)(1)(B), and the funds authorized under subsection (b)(2)
shall be indexed as necessary to allow for ordinary
fluctuations of construction costs incurred after the date of
enactment of the Dakota Water Resources Act of 2000 as
indicated by engineering cost indices applicable for the type
of construction involved. All other authorized cost ceilings
shall remain unchanged.''.
SEC. 611. NATURAL RESOURCES TRUST.
Section 11 of Public Law 89-108 (100 Stat. 424) is
amended--
(1) by striking subsection (a) and inserting the following:
``(a) Contribution.--
``(1) Initial authorization.--
``(A) In general.--From the sums appropriated under section
10 for the Garrison Diversion Unit, the Secretary shall make
an annual Federal contribution to a Natural Resources Trust
established by non-Federal interests in accordance with
subsection (b) and operated in accordance with subsection
(c).
``(B) Amount.--The total amount of Federal contributions
under subparagraph (A) shall not exceed $12,000,000.
``(2) Additional authorization.--
``(A) In general.--In addition to the amount authorized in
paragraph (1), the Secretary shall make annual Federal
contributions to the Natural Resources Trust until the amount
authorized by section 10(c)(2)(B) is reached, in the manner
stated in subparagraph (B).
``(B) Annual amount.--The amount of the contribution under
subparagraph (A) for each fiscal year shall be the amount
that is equal to 5 percent of the total amount that is
appropriated for the fiscal year under subsections (a)(1)(B)
and (b)(1)(B) of section 10.''.
(2) in subsection (b), by striking ``Wetlands Trust'' and
inserting ``Natural Resources Trust''; and
(3) in subsection (c)--
(A) by striking ``Wetland Trust'' and inserting ``Natural
Resources Trust'';
(B) by striking ``are met'' and inserting ``is met'';
(C) in paragraph (1), by inserting ``, grassland
conservation and riparian areas'' after ``habitat''; and
(D) in paragraph (2), by adding at the end the following:
``(C) The power to fund incentives for conservation
practices by landowners.''
TITLE VII
SECTION 701. FINDINGS.
Congress finds that--
(1) there is a continuing need for reconciliation between
Indians and non-Indians;
(2) the need may be met partially through the promotion of
the understanding of the history and culture of Sioux Indian
tribes;
(3) the establishment of a Sioux Nation Tribal Supreme
Court will promote economic development on reservations of
the Sioux Nation and provide investors that contribute to
that development a greater degree of certainty and confidence
by--
(A) reconciling conflicting tribal laws; and
(B) strengthening tribal court systems;
(4) the reservations of the Sioux Nation--
(A) contain the poorest counties in the United States; and
(B) lack adequate tools to promote economic development and
the creation of jobs;
(5) the establishment of a Native American Economic
Development Council will assist in promoting economic growth
and reducing poverty on reservations of the Sioux Nation by--
(A) coordinating economic development efforts;
(B) centralizing expertise concerning Federal assistance;
and
(C) facilitating the raising of funds from private
donations to meet matching requirements under certain Federal
assistance programs;
(6) there is a need to enhance and strengthen the capacity
of Indian tribal governments and tribal justice systems to
address conflicts which impair relationships within Indian
communities and between Indian and non-Indian communities and
individuals; and
(7) the establishment of the National Native American
Mediation Training Center, with the technical assistance of
tribal and Federal agencies, including the Community
Relations Service of the Department of Justice, would enhance
and strengthen the mediation skills that are useful in
reducing tensions and resolving conflicts in Indian
communities and between Indian and non-Indian communities and
individuals.
SEC. 702. DEFINITIONS.
In this Title:
(1) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4(e) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
450b(e)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) Sioux nation.--The term ``Sioux Nation'' means the
Indian tribes comprising the Sioux Nation.
SEC. 703. RECONCILIATION CENTER.
(a) Establishment.--The Secretary of Housing and Urban
Development, in cooperation with the Secretary, shall
establish, in accordance with this section, a reconciliation
center, to be known as ``Reconciliation Place''.
(b) Location.--Notwithstanding any other provision of law,
the Secretary shall take into trust for the benefit of the
Sioux Nation the parcel of land in Stanley County, South
Dakota, that is described as ``The Reconciliation Place
Addition'' that is owned on the date of enactment of this Act
by the Wakpa Sica Historical Society, Inc., for the purpose
of establishing and operating The Reconciliation Place.
(c) Purposes.--The purposes of Reconciliation Place shall
be as follows:
(1) To enhance the knowledge and understanding of the
history of Native Americans by--
(A) displaying and interpreting the history, art, and
culture of Indian tribes for Indians and non-Indians; and
(B) providing an accessible repository for--
(i) the history of Indian tribes; and
(ii) the family history of members of Indian tribes.
(2) To provide for the interpretation of the encounters
between Lewis and Clark and the Sioux Nation.
(3) To house the Sioux Nation Tribal Supreme Court.
(4) To house the Native American Economic Development
Council.
(5) To house the National Native American Mediation
Training Center to train tribal personnel in conflict
resolution and alternative dispute resolution.
(d) Grant.--
(1) In general.--The Secretary of Housing and Urban
Development shall offer to award a grant to the Wakpa Sica
Historical Society of Fort Pierre, South Dakota, for the
construction of Reconciliation Place.
(2) Grant agreement.--
(A) In general.--As a condition to receiving the grant
under this subsection, the appropriate official of the Wakpa
Sica Historical Society shall enter into a grant agreement
with the Secretary of Housing and Urban Development.
(B) Consultation.--Before entering into a grant agreement
under this paragraph, the Secretary of Housing and Urban
Development shall consult with the Secretary concerning the
contents of the agreement.
(C) Duties of the wakpa sica historical society.--The grant
agreement under this paragraph shall specify the duties of
the Wakpa Sica Historical Society under this section and
arrangements for the maintenance of Reconciliation Place.
(3) Authorization of appropriations.--There are authorized
to be appropriated to the Department of Housing and Urban
Development $18,258,441, to be used for the grant under this
section.
SEC. 704. SIOUX NATION SUPREME COURT AND NATIONAL NATIVE
AMERICAN MEDIATION TRAINING CENTER.
(a) In General.--To ensure the development and operation of
the Sioux Nation Tribal Supreme Court and the National Native
American Mediation Training Center, the Attorney General of
the United States shall use available funds to provide
technical and financial assistance to the Sioux Nation.
(b) Authorization of Appropriations.--To carry out this
section, there are authorized to be appropriated to the
Department of Justice such sums as are necessary.
TITLE VIII--ERIE CANALWAY NATIONAL HERITAGE CORRIDOR
SEC. 801. SHORT TITLE; DEFINITIONS.
(a) Short Title.--This title may be cited as the ``Erie
Canalway National Heritage Corridor Act''.
(b) Definitions.--For the Purposes of this title, the
following definitions shall apply:
(1) Erie canalway.--The Term ``Erie Canalway'' means the
524 miles of navigable canal that comprise the New York State
Canal System, including the Erie, Cayuga and Seneca, Oswego,
and Champlain Canals and the historic alignments of these
canals, including the cities of Albany and Buffalo.
(2) Canalway plan.--The term ``Canalway Plan'' means the
comprehensive preservation and management plan for the
Corridor required under section 806.
(3) Commission.--The term ``Commission'' means the Erie
Canalway National Heritage Corridor Commission established
under section 804.
(4) Corridor.--The term ``Corridor'' means the Erie
Canalway National Heritage Corridor established under section
803.
(5) Governor.--The term ``Governor'' means the Governor of
the State of New York.
(6) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 802. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the year 2000 marks the 175th Anniversary of New York
State's creation and stewardship of the Erie Canalway for
commerce, transportation and recreational purposes,
establishing the network which made new York the ``Empire
State'' and the Nation's premier commercial and financial
center;
(2) the canals and adjacent areas that comprise the Erie
Canalway are a nationally significant resource of historic
and recreational value, which merit Federal recognition and
assistance;
(3) the Erie Canalway was instrumental in the establishment
of strong political and cultural ties between New England,
upstate New York and the old Northwest and facilitated the
movement of ideas and people ensuring that social reforms
like the abolition of slavery and the women's rights movement
spread across upstate New York to the rest of the country;
(4) the construction of the Erie Canalway was considered a
supreme engineering feat, and most American canals were
modeled after New York State's canal;
(5) at the time of construction, the Erie Canalway was the
largest public works project ever undertaken by a state,
resulting in the creation of critical transportation and
commercial routes to transport passengers and goods;
(6) the Erie Canalway played a key role in turning New York
City into a major port and New York State into the preeminent
center for
[[Page H12292]]
commerce, industry, and finance in North America and provided
a permanent commercial link between the Port of New York and
the cities of eastern Canada, a cornerstone of the peaceful
relationship between the two countries;
(7) the Erie Canalway proved the depth and force of
American ingenuity, solidified a national identity, and found
an enduring place in American legend, song, and art;
(8) there is national interest in the preservation and
interpretation of the Erie Canalway's important historical,
natural, cultural, and scenic resources; and
(9) partnerships among Federal, State, and local
governments and their regional entities, non-profit
organizations, and the private sector offer the most
effective opportunities for the preservation and
interpretation of the Erie Canalway.
(b) Purposes.--The purposes of this title are--
(1) to designate the Erie Canalway National Heritage
Corridor;
(2) to provide for and assist in the identification,
preservation, promotion, maintenance and interpretation of
the historical, natural, cultural, scenic, and recreational
resources of the Erie Canalway in ways that reflect its
national significance for the benefit of current and future
generations;
(3) to promote and provide access to the Erie Canalway's
historical, natural, cultural, scenic and recreational
resources;
(4) to provide a frame work to assist the State of New
York, its units of local government, and the communities
within the Erie Canalway in the development of integrated
cultural, historical, recreational, economic, and community
development programs in order to enhance and interpret the
unique and nationally significant resources of the Erie
Canalway; and
(5) to authorize Federal financial and technical assistance
to the Commission to serve these purposes for the benefit of
the people of the State of New York and the nation.
SEC. 803. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR.
(a) Establishment.--To carry out the purposes of this title
there is established the Erie Canalway National Heritage
Corridor in the State of New York.
(b) Boundaries.--The boundaries of the Corridor shall
include those lands generally depicted on a map entitled
``Erie Canalway National Heritage Area'' numbered ERIE/80,000
and dated October 2000. This map shall be on file and
available for public inspection in the appropriate office of
the National Park Service, the office of the Commission, and
the office of the New York State Canal Corporation in Albany,
New York.
(c) Ownership and Operation of the New York State Canal
System.--The New York State Canal System shall continue to be
owned, operated, and managed by the State of New York.
SEC. 804. THE ERIE CANALWAY NATIONAL HERITAGE CORRIDOR
COMMISSION.
(a) Establishment.--There is established the Erie Canalway
National Heritage Corridor Commission. The purpose of the
Commission shall be--
(1) to work with Federal, State, and local authorities to
develop and implement the Canalway Plan; and
(2) to foster the integration of canal-related historical,
cultural, recreational, scenic, economic and community
development initiatives within the Corridor.
(b) Membership.--The Commission shall be composed of 27
members as follows:
(1) The Secretary of the Interior, ex-officio or the
Secretary's designee.
(2) 7 members, appointed by the Secretary after
consideration of recommendations submitted by the Governor
and other appropriate officials, with knowledge and
experience of the following agencies or those agencies'
successors: The New York State Secretary of State, the New
York State Department of Environment Conservation, the New
York State Office of Parks, Recreation and Historic
Preservation, the New York State Department of Agriculture
and Markets, the New York State Department of Transportation,
and the New York State Canal Corporation, and the Empire
State Development Corporation.
(3) The remaining 19 members who reside within the Corridor
and are geographically dispersed throughout the Corridor
shall be from local governments and the private sector with
knowledge of tourism, economic and community development,
regional planning, historic preservation, cultural or natural
resource management, conservation, recreation, and education
or museum services. These members will be appointed by the
Secretary as follows--
(A) 11 members based on a recommendation from each member
of the United States House of Representatives whose district
shall encompass the Corridor. Each shall be a resident of the
district from which they shall be recommended.
(B) 2 members based on a recommendation from each United
States Senator from New York State.
(C) 6 members who shall be residents of any county
constituting the Corridor. One such member shall have
knowledge and experience of the Canal Recreationway
Commission.
(c) Appointments and Vacancies.--Members of the Commission
other than ex-officio members shall be appointed for terms of
3 years. Of the original appointments, 6 shall be for a term
of 1 year, 6 shall be for a term of 2 years and 7 shall be
for a term of 3 years. Any member of the Commission appointed
for a definite term may serve after expiration of the term
until the successor of the member is appointed. Any member
appointed to fill a vacancy shall serve for the remainder of
the term for which the predecessor was appointed. Any vacancy
on the Commission shall be filled in the same manner in which
the original appointment was made.
(d) Compensation.--Members of the Commission shall receive
no compensation for their service on the Commission. Members
of the Commission, other than employees of the State and
Canal Corporation, while away from their homes or regular
places of business to perform services for the Commission,
shall be allowed travel expenses, including per diem in lieu
of subsistence, in the same manner as persons employed
intermittently in Government service are allowed under
section 5703 of title 5, United States Code.
(e) Election of Offices.--The Commission shall elect the
chairperson and the vice chairperson on an annual basis. The
vice chairperson shall serve as the chairperson in the
absence of the chairperson.
(f) Quorum and Voting.--14 members of the Commission shall
constitute a quorum but a lesser number may hold hearings.
Any member of the Commission may vote by means of a signed
proxy exercised by another member of the Commission, however,
any member voting by proxy shall not be considered present
for purposes of establishing a quorum. For the transaction of
any business or the exercise of any power of the Commission,
the Commission shall have the power to act by a majority vote
of the members present at any meeting at which a quorum is in
attendance.
(g) Meetings.--The Commission shall meet at least quarterly
at the call of the chairperson or 14 of its members. Notice
of Commission meetings and agendas for the meeting shall be
published in local newspapers throughout the Corridor.
Meetings of the Commission shall be subject to section 552b
of title 5, United States Code (relating to open meetings).
(h) Powers of the Commission.--To the extent that Federal
funds are appropriated, the Commission is authorized--
(1) to procure temporary and intermittent services and
administrative facilities at rates determined to be
reasonable by the Commission to carry out the
responsibilities of the Commission;
(2) to request and accept the services of personnel
detailed from the State of New York or any political
subdivision, and to reimburse the State or political
subdivision for such services;
(3) to request and accept the services of any Federal
agency personnel, and to reimburse the Federal agency for
such services;
(4) to appoint and fix the compensation of staff to carry
out its duties;
(5) to enter into cooperative agreements with the State of
New York, with any political subdivision of the State, or any
person for the purposes of carrying out the duties of the
Commission;
(6) to make grants to assist in the preparation and
implementation of the Canalway Plan;
(7) to seek, accept, and dispose of gifts, bequests,
grants, or donations of money, personal property, or
services, received from any source. For purposes of section
170(c) of the Internal Revenue Code of 1986, any gift to the
Commission shall be deemed to be a gift to the United States;
(8) to assist others in developing educational,
informational, and interpretive programs and facilities, and
other such activities that may promote the implementation
of the Canalway Plan;
(9) to hold hearings, sit and act at such times and places,
take such testimony, and receive such evidence, as the
Commission may consider appropriate; the Commission may not
issue subpoenas or exercise any subpoena authority;
(10) to use the United States mails in the same manner as
other departments or agencies of the United States;
(11) to request and receive from the Administrator of
General Services, on a reimbursable basis, such
administrative support services as the Commission may
request; and
(12) to establish such advisory groups as the Commission
deems necessary.
(i) Acquisition of Property.--Except as provided for
leasing administrative facilities under subsection 804(h)(1),
the Commission may not acquire any real property or interest
in real property.
(j) Termination.--The Commission shall terminate on the day
occurring 10 years after the date of the enactment of this
title.
SEC. 805. DUTIES OF THE COMMISSION.
(a) Preparation of Canalway Plan.--Not later than 3 years
after the Commission receives Federal funding for this
purpose, the Commission shall prepare and submit a
comprehensive preservation and management Canalway Plan for
the Corridor to the Secretary and the Governor for review and
approval. In addition to the requirements outlined for the
Canalway Plan in section 806, the Canalway Plan shall
incorporate and integrate existing federal, state, and local
plans to the extent appropriate regarding historic
preservation, conservation, education and interpretation,
community development, and tourism-related economic
development for the Corridor that are consistent with the
purpose of this title. The Commission shall solicit public
comment on the development of the Canalway Plan.
(b) Implementation of Canalway Plan.--After the Commission
receives Federal funding for this purpose, and after review
and upon approval of the Canalway Plan by the Secretary and
the Governor, the Commission shall--
(1) undertake action to implement the Canalway Plan so as
to assist the people of the State of New York in enhancing
and interpreting the historical, cultural, educational,
natural, scenic, and recreational potential of the Corridor
identified in the Canalway Plan; and
(2) support public and private efforts in conservation and
preservation of the Canalway's cultural and natural resources
and economic revitalization consistent with the goals of the
Canalway Plan.
[[Page H12293]]
(c) Priority Actions.--Priority actions which may be
carried out by the Commission under subsection 805(b),
include the following:
(1) assisting in the appropriate preservation treatment of
the remaining elements of the original Erie Canal;
(2) assisting the State, and local governments, and
nonprofit organizations in designing, establishing and
maintaining visitor centers, museums, and other interpretive
exhibits in the Corridor;
(3) assisting in the public awareness and appreciation for
the historic, cultural, natural, scenic, and recreational
resources and sites in the Corridor;
(4) assisting the State of New York, local governments, and
nonprofit organizations in the preservation and restoration
of any historic building, site, or district in the Corridor;
(5) encouraging, by appropriate means, enhanced economic
development in the Corridor consistent with the goals of the
Canalway Plan and the purposes of this title; and
(6) ensuring that clear, consistent signs identifying
access points and sites of interest are put in place in the
Corridor.
(d) Annual Reports and Audits.--For any year in which
Federal funds have been received under this title, the
Commission shall submit an annual report and shall make
available an audit of all relevant records to the Governor
and the Secretary identifying its expenses and any income,
the entities to which any grants or technical assistance were
made during the year for which the report was made, and
contributions by other parties toward achieving Corridor
purposes.
SEC. 806. CANALWAY PLAN.
(a) Canalway Plan Requirements.--The Canalway Plan shall--
(1) include a review of existing plans for the Corridor,
including the Canal Recreationway Plan and Canal
Revitalization Program, and incorporate them to the extent
feasible to ensure consistence with local, regional and state
planning efforts;
(2) provide a thematic inventory, survey, and evaluation of
historic properties that should be conserved, restored,
developed, or maintained because of their natural, cultural,
or historic significance within the Corridor in accordance
with the regulations for the National Register of Historic
Places;
(3) identify public and private-sector preservation goals
and strategies for the Corridor;
(4) include a comprehensive interpretive plan that
identifies, develops, supports, and enhances interpretation
and education programs within the Corridor that may include--
(A) research related to the construction and history of the
canals and the cultural heritage of the canal workers, their
families, those that traveled along the canals, the
associated farming activities, the landscape, and the
communities;
(B) documentation of and methods to support the
perpetuation of music, art, poetry, literature and folkways
associated with the canals; and
(C) educational and interpretative programs related to the
Erie Canalway developed in cooperation with State and local
governments, educational institutions, and nonprofit
institutions;
(5) include a strategy to further the recreational
development of the Corridor that will enable users to
uniquely experience the canal system;
(6) propose programs to protect, interpret and promote the
Corridor's historical, cultural, recreational, educational,
scenic and natural resources;
(7) include an inventory of canal-related natural, cultural
and historic sites and resources located in the Area;
(8) recommend Federal, State, and local strategies and
policies to support economic development, especially tourism-
related development and recreation, consistent with the
purposes of the Corridor;
(9) develop criteria and priorities for financial
preservation assistance;
(10) identify and foster strong cooperative relationships
between the National Parks Service, the New York State Canal
Corporation, other Federal and State agencies, and
nongovernmental organizations;
(11) recommend specific areas for development of
interpretive, educational, and technical assistance centers
associated with the Corridor; and
(12) contain a program for implementation of the Canalway
Plan by all necessary parties.
(b) Approval of the Canalway Plan.--The Secretary and the
Governor shall approve or disapprove the Canalway Plan not
later than 90 days after receiving the Canalway Plan.
(c) Criteria.--The Secretary may not approve the plan
unless the Secretary finds that the plan, if implemented,
would adequately protect the significant historical,
cultural, natural, and recreational resources of the Corridor
and consistent with such protection provide adequate and
appropriate outdoor recreational opportunities and economic
activities within the Corridor. In determining whether or not
to approve the Canalway Plan, the Secretary shall consider
whether--
(1) the Commission has afforded adequate opportunity,
including public hearings, for public and governmental
involvement in the preparation of the Canalway Plan; and
(2) the Secretary has received adequate assurances from the
Governor and appropriate state officials that the recommended
implementation program identified in the plan will be
initiated within a reasonable time after the date of approval
of the Canalway Plan and such program will ensure effective
implementation of State and local aspects of the Canalway
Plan.
(d) Disapproval of Canalway Plan.--If the Secretary or the
Governor do not approve the Canalway Plan, the Secretary or
the Governor shall advise the Commission in writing within 90
days the reasons therefore and shall indicate any
recommendations for revisions. Following completion of any
necessary revisions of the Canalway Plan, the Secretary and
the Governor shall have 90 days to either approve or
disapprove of the revised Canalway Plan.
(e) Amendments to Canalway Plan.--The Secretary and the
Governor shall review substantial amendments to the Canalway
Plan. Funds appropriated pursuant to this title may not be
expended to implement the changes made by such amendments
until the Secretary and the Governor approve the amendments.
SEC. 807. DUTIES OF THE SECRETARY.
(a) In General.--The Secretary is authorized to assist the
Commission in the preparation of the Canalway Plan.
(b) Technical Assistance.--Pursuant to an approved Canalway
Plan, the Secretary is authorized to enter into cooperative
agreements with, provide technical assistance to and award
grants to the Commission to provide for the preservation and
interpretation of the natural, cultural, historical,
recreational, and scenic resources of the Corridor, if
requested by the Commission.
(c) Early Actions.--Prior to approval of the Canalway Plan,
with the approval of the Commission, the Secretary may
provide technical and planning assistance for early actions
that are important to the purposes of this title and that
protect and preserve resources.
(d) Canalway Plan Implementation.--Upon approval of the
Canalway Plan, the Secretary is authorized to implement those
activities that the Canalway Plan has identified that are the
responsibility of the Secretary or agent of the Secretary to
undertake in the implementation of the Canalway Plan.
(e) Detail.--Each fiscal year during the existence of the
Commission and upon the request of the Commission, the
Secretary shall detail to the Commission, on a
nonreimbursable basis, 2 employees of the Department of the
Interior to enable the Commission to carry out the
Commission's duties with regard to the preparation and
approval of the Canalway Plan. Such detail shall be without
interruption or loss of civil service status, benefits, or
privileges.
SEC. 808. DUTIES OF OTHER FEDERAL ENTITIES.
Any Federal entity conducting or supporting any activity
directly affecting the Corridor, and any unit of government
acting pursuant to a grant of Federal funds or a Federal
permit or agreement conducting or supporting such activities
may--
(1) consult with the Secretary and the Commission with
respect to such activities;
(2) cooperate with the Secretary and the Commission in
carrying out their duties under this title and coordinate
such activities with the carrying out of such duties; and
(3) conduct or support such activities in a manner
consistent with the Canalway Plan unless the Federal entity,
after consultation with the Secretary and the Commission,
determines there is no practicable alternative.
SEC. 809. SAVINGS PROVISIONS.
(a) Authority of Governments.--Nothing in this title shall
be construed to modify, enlarge, or diminish any authority of
the Federal, State, or local governments to regulate any use
of land as provided for by law or regulation.
(b) Zoning or Land.--Nothing in this title shall be
construed to grant powers of zoning or land use to the
Commission.
(c) Local Authority and Private Property.--Nothing in this
title shall be construed to affect or to authorize the
Commission to interfere with--
(1) the rights of any person with respect to private
property;
(2) any local zoning ordinance or land use plan of the
State of New York or political subdivision thereof; or
(3) any State or local canal related development plans
including but not limited to the Canal Recreationway Plan and
the Canal Revitalization Program.
(d) Fish and Wildlife.--The designation of the Corridor
shall not be diminish the authority of the State of New York
to manage fish and wildlife, including the regulation of
fishing and hunting within the Corridor.
SEC. 810. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--
(1) Corridor.--There is authorized to be appropriated for
the Corridor not more than $1,000,000 for any fiscal year.
Not more than a total of $10,000,000 may be appropriated for
the Corridor under this title.
(2) Matching requirement.--Federal funding provided under
this paragraph may not exceed 50 percent of the total cost of
any activity carried out with such funds. The non-Federal
share of such support may be in the form of cash, services,
or in-kind contributions, fairly valued.
(b) Other Funding.--In addition to the sums authorized in
subsection (a), there are authorized to be appropriated to
the Secretary of the Interior such sums as are necessary for
the Secretary for planning and technical assistance.
TITLE IX--LAW ENFORCEMENT PAY EQUITY
SEC. 901. SHORT TITLE
This title may be cited as the ``Law Enforcement Pay Equity
Act of 2000''.
SEC. 902. ESTABLISHMENT OF UNIFORM SALARY SCHEDULE FOR UNITED
STATES SECRET SERVICE UNIFORMED DIVISION AND
UNITED STATES PARK POLICE.
(a) In General.--Section 501(c)(1) of the District of
Columbia Police and Firemen's Salary Act of 1958 (sec. 4-
416(c)(1), DC Code) is amended to read as follows:
``(c)(1) The annual rates of basic compensation of officers
and members of the United States
[[Page H12294]]
Secret Service Uniformed Division and the United States Park
Police, serving in classes corresponding or similar to those
in the salary schedule in section 101, shall be fixed in
accordance with the following schedule of rates:
----------------------------------------------------------------------------------------------------------------
``Salary class and title Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7
----------------------------------------------------------------------------------------------------------------
Time between steps 52 weeks
104 weeks
----------------------------------------------------------------------------------------------------------------
Years in service 1 2 3 5 7 9
----------------------------------------------------------------------------------------------------------------
1: Private......................... 32,623 34,587 36,626 38,306 41,001 43,728 45,407
3: Detective....................... 42,378 44,502 46,620 48,746 50,837
4: Sergeant........................ 46,151 48,446 50,746 53,056
5: Lieutenant \1\.................. 50,910 53,462 56,545
7: Captain \1\..................... 59,802 62,799
8: Inspector/Major \1\............. 69,163 72,760
9: Deputy Chief \1\................ 79,768 85,158
10: Assistant Chief \2\
11: Chief, United States Secret
Service Uniformed Division, United
States Park Police \3\
----------------------------------------------------------------------------------------------------------------
\1\ The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of
pay for level V of the Executive Schedule.
\2\ The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for
level V of the Executive Schedule.
\3\ The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the
Executive Schedule.
----------------------------------------------------------------------------------------------------------------
``Salary class and title Step 8 Step 9 Step 10 Step 11 Step 12 Step 13 Step 14
----------------------------------------------------------------------------------------------------------------
Time between steps 104 weeks
208 weeks
----------------------------------------------------------------------------------------------------------------
Years in service 11 13 15 18 22 26 30
----------------------------------------------------------------------------------------------------------------
1: Private......................... 47,107 48,801 50,498 53,448 55,394 57,036 58,746
3: Detective....................... 52,972 55,086 57,204 61,212 63,337 65,462 67,426
4: Sergeant........................ 55,372 57,691 59,999 63,558 65,867 68,176 70,221
5: Lieutenant \1\.................. 59,120 61,688 64,258 68,197 70,744 73,290 75,489
7: Captain \1\..................... 65,797 68,757 71,747 76,292 79,309 82,325 84,796
8: Inspector/Major \1\............. 76,542 80,524 83,983 87,645 91,827 95,464 99,075
9: Deputy Chief \1\................ 90,578 95,980 99,968 103,957 107,945 111,933 115,291
10: Assistant Chief \2\
11: Chief, United States Secret
Service Uniformed Division, United
States Park Police \3\
----------------------------------------------------------------------------------------------------------------
\1\ The rate of basic pay for positions in Salary Class 5, 7, 8, and 9 is limited to 95 percent of the rate of
pay for level V of the Executive Schedule.
\2\ The rate of basic pay for positions in Salary Class 10 will be equal to 95 percent of the rate of pay for
level V of the Executive Schedule.
\3\ The rate of basic pay for positions in Salary Class 11 will be equal to the rate of pay for level V of the
Executive Schedule.
(b) Freeze of Current Rate for Locality-based Comparability
Adjustments.--Notwithstanding any other provision of law,
including this title or any provision of law amended by this
title, no officer or member of the United States Secret
Service Uniformed Division or the United States Park Police
may be paid locality pay under section 5304 or section 5304a
of title 5, United States Code, at a percentage rate for the
applicable locality in excess of the rate in effect for pay
periods during calendar year 2000.
(c) Conforming Amendments.--
(1) Application of provisions to park police.--Section
501(c) of such Act (sec. 4-416(c), DC Code) is amended--
(A) in paragraph (2), by striking ``Treasury'' and
inserting the following: ``Treasury, and the annual rates of
basic compensation of officers and members of the United
States Park Police shall be adjusted by the Secretary of the
Interior,'';
(B) in paragraph (5), by inserting after ``Uniformed
Division'' the following: ``or officers and members of the
United States Park Police'';
(C) in paragraph (6)(A), by inserting after ``Uniformed
Division'' the following: ``or the United States Park
Police''; and
(D) in paragraph (7)(A), by inserting after ``Uniformed
Division'' the following: ``or the United States Park
Police''.
(2) Termination of current adjustment authority.--Section
501(b) of such Act (sec. 4-416(b), DC Code) is amended by
adding at the end the following new paragraph:
``(4) This subsection shall not apply with respect to any
pay period for which the salary schedule under subsection (c)
applies to the United States Park Police.''.
SEC. 903. REVISION OF CAPS ON MAXIMUM COMPENSATION.
(a) Annual Salary Under Schedule.--Section 501(c)(2) of the
District of Columbia Police and Firemen's Salary Act of 1958
(sec. 4-416(c)(2), DC Code) is amended by striking the period
at the end and inserting the following: ``, except that in no
case may the annual rate of basic compensation for any such
officer or member exceed the rate of basic pay payable for
level IV of the Executive Schedule contained in subchapter II
of chapter 53 of title 5, United States Code.''.
(b) Repeal of Cap on Combined Basic Pay and Longevity
Pay.--Section 501(c) of such Act (sec. 4-416(c), DC Code) is
amended by striking paragraph (4).
(c) Limitation on Pay Period Earnings for Comp Time.--
Section 1(h) of the Act entitled ``An Act to provide a five-
day week for officers and members of the Metropolitan Police
force, the United States Park Police force, and the White
House Police force, and for other purposes'', approved August
15, 1950 (sec. 4-1104(h), DC Code), is amended--
(1) in paragraphs (1) and (2), by striking ``Metropolitan
Police force; or of the Fire Department of the District of
Columbia; or of the United States Park Police'' each place it
appears and inserting ``Metropolitan Police force or of the
Fire Department of the District of Columbia''; and
(2) in paragraph (3), by inserting after ``United States
Secret Service Uniformed Division'' each place it appears the
following: ``or of the United States Park Police''.
SEC. 904. DETERMINATION OF SERVICE STEP ADJUSTMENTS.
(a) Method for Determination of Adjustments.--Section
303(a) of the District of Columbia Police and Firemen's
Salary Act of 1958 (sec. 4-412(a), DC Code) is amended--
(1) in the matter preceding paragraph (1), by ``Each'' and
inserting ``Except as provided in paragraph (5), each''; and
(2) by adding at the end the following new paragraph:
``(5) Each officer and member of the United States Secret
Service Uniformed Division and the United States Park Police
with a current performance rating of `satisfactory' or
better, shall have a service step adjustment in the following
manner:
``(A) Each officer and member in service step 1, 2, or 3
shall be advanced in compensation successively to the next
higher service step at the beginning of the 1st pay period
immediately subsequent to the completion of 52 calendar weeks
of active service in the officer's or member's service step.
``(B) Each officer and member in service step 4, 5, 6, 7,
8, or 9 shall be advanced in compensation successively to the
next higher service step at the beginning of the 1st pay
period immediately subsequent to the completion of 104
calendar weeks of active service in the officer's or member's
service step.
``(C) Each officer and member in service step 10 shall be
advanced in compensation successively to the next higher
service step at the beginning of the 1st pay period
immediately subsequent to the completion of 156 calendar
weeks of active service in the officer's or member's service
step.
``(D) Each officer and member in service steps 11 or 12, or
13 shall be advanced in compensation successively to the next
higher service step
[[Page H12295]]
at the beginning of the 1st pay period immediately subsequent
to the completion of 208 calendar weeks of active service in
the officer's or member's service step.''.
(b) Use of Total Creditable Service To Determine Step
Placement.--Section 304 of such Act (sec. 4-413, DC Code) is
amended--
(1) in subsection (a), by striking ``(b)'' and inserting
``(b) or (c)''; and
(2) by adding at the end the following new subsection:
``(c)(1) Each officer and member of the United States
Secret Service Uniformed Division or the United States Park
Police who is promoted or transferred to a higher salary
shall receive basic compensation in accordance with the
officer's or member's total creditable service.
``(2) For purposes of this subsection, an officer's or
member's creditable service is any police service in pay
status with the United States Secret Service Uniformed
Division, United States Park Police, or Metropolitan Police
Department.''.
(c) Conforming Amendment.--Section 401(a) of such Act (sec.
4-415(a), DC Code) is amended by adding at the end the
following new paragraph:
``(4) This subsection shall not apply to officers and
members of the United States Secret Service Uniformed
Division or the United States Park Police.''.
SEC. 905. CONVERSION TO NEW SALARY SCHEDULE.
(a) In General.--
(1) Determination of rates of basic pay.--Effective on the
1st day of the 1st pay period beginning six months after the
date of enactment of this Act, the Secretary of the Treasury
shall fix the rates of basic pay for officers and members of
the United States Secret Service Uniformed Division, and the
Secretary of the Interior shall fix the rates of basic pay
for officers and members of the United States Park Police, in
accordance with this subsection.
(2) Placement on revised salary schedule.--
(A) In general.--Each officer and member shall be placed in
and receive basic compensation at the corresponding scheduled
service step of the salary schedule under section 501(c) of
the District of Columbia Police and Firemen's Salary Act of
1958 (as amended by section 902(a)) in accordance with the
member's total years of creditable service, receiving credit
for all service step adjustments. If the scheduled rate of
pay for the step to which the officer or member would be
assigned in accordance with this paragraph is lower than the
officer's or member's salary immediately prior to the
enactment of this paragraph, the officer or member will be
placed in and receive compensation at the next higher service
step.
(B) Credit for increases during transition.--Each member
whose position is to be converted to the salary schedule
under section 501(b) of the District of Columbia Police and
Firemen's Salary Act of 1958 (as amended by subsection (a))
and who, prior to the effective date of this section has
earned, but has not been credited with, an increase in his or
her rate of pay shall be afforded that increase before such
member is placed in the corresponding service step in the
salary schedule under section 501(b).
(C) Creditable service described.--For purposes of this
paragraph, an officer's or member's creditable service is any
police service in pay status with the United States Secret
Service Uniformed Division, United States Park Police, or
Metropolitan Police Department.
(b) Hold Harmless for Current Total Compensation.--
Notwithstanding any other provision of law, if the total rate
of compensation for an officer or employee for any pay period
occurring after conversion to the salary schedule pursuant to
subsection (a) (determined by taking into account any
locality-based comparability adjustments, longevity pay, and
other adjustments paid in addition to the rate of basic
compensation) is less than the officer's or employee's total
rate of compensation (as so determined) on the date of
enactment, the rate of compensation for the officer or
employee for the pay period shall be equal to--
(1) the rate of compensation on the date of enactment (as
so determined); increased by
(2) a percentage equal to 50 percent of sum of the
percentage adjustments made in the rate of basic compensation
under section 501(c) of the District of Columbia Police and
Firemen's Salary Act of 1958 (as amended by subsection (a))
for pay periods occurring after the date of enactment and
prior to the pay period involved.
(c) Conversion Not Treated as Transfer or Promotion.--The
conversion of positions and individuals to appropriate
classes of the salary schedule under section 501(c) of the
District of Columbia Police and Firemen's Salary Act of 1958
(as amended by section 902(a)) and the initial adjustments of
rates of basic pay of those positions and individuals in
accordance with subsection (a) shall not be considered to be
transfers or promotions within the meaning of section 304 of
the District of Columbia Police and Firemen's Salary Act of
1958 (sec. 4-413, DC Code).
(d) Transfer of Credit for Satisfactory Service.--Each
individual whose position is converted to the salary schedule
under section 501(c) of the District of Columbia Police and
Firemen's Salary Act of 1958 (as amended by section 902(a))
in accordance with subsection (a) shall be granted credit for
purposes of such individual's first service step adjustment
under the salary schedule in such section 501(c) for all
satisfactory service performed by the individual since the
individual's last increase in basic pay prior to the
adjustment under that section.
(e) Adjustment To Take Into Account General Schedule
Adjustments During Transition.--The rates provided under the
salary schedule under section 501(c) of the District of
Columbia Police and Firemen's Salary Act of 1958 (as amended
by section 902(a)) shall be increased by the percentage of
any annual adjustment applicable to the General Schedule
authorized under section 5303 of title 5, United States Code,
which takes effect during the period which begins on the date
of the enactment of this Act and ends on the 1st day of the
1st pay period beginning six months after the date of
enactment of this Act.
(f) Conversion Not Treated as Salary Increase for Purposes
of Certain Pensions and Allowances.--The conversion of
positions and individuals to appropriate classes of the
salary schedule under section 501(c) of the District of
Columbia Police and Firemen's Salary Act of 1958 (as amended
by section 2(a)) and the initial adjustments of rates of
basic pay of those positions and individuals in accordance
with subsection (a) shall not be treated as an increase in
salary for purposes of section 3 of the Act entitled ``An Act
to provide increased pensions for widows and children of
deceased members of the Police Department and the Fire
Department of the District of Columbia'', approved August 4,
1949 (sec. 4-604, DC Code), or section 301 of the District of
Columbia Police and Firemen's Salary Act of 1953 (sec. 4-605,
DC Code).
SEC. 906. PAY ADJUSTMENTS FOR CERTAIN POSITIONS.
(a) Technician Duty.--Section 302 of the District of
Columbia Police and Firemen's Salary Act of 1958 (sec. 4-411,
DC Code) is amended--
(1) in subsection (b), by striking ``$810 per annum'' and
inserting the following: ``$810 per annum, except in the case
of an officer or member of the United States Secret Service
Uniformed Division or the United States Park Police, who
shall receive a per annum amount equal to 6 percent of the
sum of such officer's or member's rate of basic compensation
plus locality pay adjustments'';
SEC. 907. CONFORMING PROVISIONS RELATING TO FEDERAL LAW
ENFORCEMENT PAY REFORM ACT.
(a) Termination of Existing Special Salary Rates and
Adjustments.--Beginning on the effective date of this Act--
(1) no existing special salary rates shall be authorized
for members of the United States Park Police under section
5305 of title 5, United States Code (or any previous similar
provision of law); and
(2) no special rates of pay or special pay adjustments
shall be applicable to members of the United States Park
Police pursuant to section 405 of the Federal Law Enforcement
Pay Reform Act of 1990.
(b) Conforming Amendments.--(1) Section 405(b) of the
Federal Law Enforcement Pay Reform Act of 1990 (5 U.S.C. 5303
note) is amended to read as follows:
``(b) This subsection applies with respect to any--
``(1) special agent within the Diplomatic Security Service;
``(2) probation officer (referred to in section 3672 of
title 18, United States Code); or
``(3) pretrial services officer (referred to in section
3153 of title 18, United States Code).''.
(2) Section 405(c) of such Act (5 U.S.C. 5303 note) is
amended to read as follows:
``(c) For purposes of this section, the term `appropriate
agency head' means--
``(1) with respect to any individual under subsection
(b)(1), the Secretary of State; or
``(2) with respect to any individual under subsection
(b)(2) or (b)(3), the Director of the Administrative Office
of the United States Courts.''.
SEC. 908. SERVICE LONGEVITY PAYMENTS FOR METROPOLITAN POLICE
DEPARTMENT.
(a) Inclusion of Service Longevity Payments in Amount of
Federal Benefit Payments Made to Metropolitan Police
Department Officers and Members.--Section 11012 of the
District of Columbia Retirement Protection Act of 1997
(Public Law 105-33; 111 Stat. 718; D.C. Code, sec. 1-762.2)
is amended by adding at the end the following new subsection:
``(e) Treatment of Increases in Certain Police Service
Longevity Payments.--For purposes of subsection (a), in
determining the amount of a Federal benefit payment made to
an officer or member of the Metropolitan Police Department,
the benefit payment to which the officer or member is
entitled under the District Retirement Program shall include
any amounts which would have been included in the benefit
payment under such Program if the amendments made by the
Police Recruiting and Retention Enhancement Amendment Act of
1999 had taken effect prior to the freeze date.''.
(b) Conforming Amendment.--Section 11003(5) of such Act
(Public Law 105-33; 111 Stat. 717; D.C. Code, sec. 1-
761.2(5)) is amended by inserting after ``except as'' the
following: ``provided under section 11012(e) and as''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to Federal benefit payments made
after the date of the enactment of this Act.
SEC. 909. EFFECTIVE DATE.
Except as provided in section 908(c), this title and the
amendments made by this title shall become effective on the
1st day of the 1st pay period beginning 6 months after the
date of enactment.
TITLE X--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Administrative Provisions
Sec. 1001. Section 206(d) of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 2000 (42 U.S.C. 12701 note) is
amended--
(1) in paragraph (1), by striking ``V'' and inserting
``III''; and
[[Page H12296]]
(2) in paragraph (4), by striking ``reimbursable'' and
inserting ``non-reimbursable''.
Sec. 1002. For purposes of Part 2, Subpart B of the Federal
Housing Enterprises Financial Safety and Soundness Act of
1992 (Public Law 102-550), notwithstanding any other
provision of law or regulation, for purposes of measuring the
extent of compliance with the housing goals for the years
2001, 2002, and 2003, the Secretary of Housing and Urban
Development shall assign, in the case of the Federal Home
Loan Mortgage Corporation, 1.35 units of credit toward
achievement of each housing goal for each unit of multifamily
housing (excepting units located in properties having between
five and fifty units) qualifying as affordable under such
housing goal.
Sec. 1003. Notwithstanding any other provision of law,
neither the City of Toledo, Ohio, nor the Secretary of
Housing and Urban Development (HUD) is required to enforce
any requirements associated with Housing Development Grant
number 00H006H6402 provided to the City of Toledo, Ohio, that
prohibit or restrict the conversion of the rental units in
the Beacon Place project to condominium ownership: Provided,
that the City of Toledo and the Secretary of HUD are
authorized to take any actions necessary to cause any such
prohibition or restriction to be removed from the appropriate
land records and otherwise terminated: Provided further, That
converted units shall remain available as rental housing to
those persons, including low- and very-low income persons who
presently reside in the units: Provided further, That the
conversion proposal for Beacon Place apartments shall not
reduce the number of affordable housing units in Toledo:
Provided further, That any and all proceeds from such
conversion are used to retire debt associated with the Beacon
Place project or to rehabilitate the properties known as the
Cubbon Properties.
Sec. 1004. The Comptroller General of the United States
shall conduct a study on the following topics--
(a)(1) The adequacy of the capital structure of the Federal
Home Loan Bank (FHLB) System as it relates to the risks posed
by: (A) the traditional advances business of the FHLB System;
(B) the expanded collateral provisions and permissible uses
of advances under the Gramm-Leach-Bliley Act of 1999; and (C)
the MPF, and other programs providing for the direct
acquisition of mortgages. The analysis should examine the
credit risk, interest rate risk, and operations risk
associated with each structure;
(2) The risks associated with further growth in the direct
acquisition of mortgages by the Federal Home Loan Bank
System; and
(3) A comparison of the risk-based capital standard
proposed by the Federal Housing Finance Board for the Federal
Home Loan Bank System to the standard proposed by the Office
of Federal Housing Enterprise Oversight for the Federal
National Mortgage Association and the Federal Home Loan
Mortgage Corporation.
(b) Not later than six months after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Banking, Housing, and Urban Affairs of
the Senate and the Committee on Banking and Financial
Services of the House of Representatives a report on the
study required under subsection (a).
TITLE XI--DEPARTMENT OF THE TREASURY
Administrative Provision
SEC. 1102. HONORING THE NAVAJO CODE TALKERS.
(a) Congress finds that--
(1) On December 7, 1941, the Japanese Empire attacked Pearl
Harbor and war was declared by Congress the following day;
(2) The military code, developed by the United States for
transmitting messages, had been deciphered by the Japanese,
and a search by United States Intelligence was made to
develop new means to counter the enemy;
(3) The United States government called upon the Navajo
Nation to support the military effort by recruiting and
enlisting twenty-nine Navajo men to serve as Marine Corps
Radio Operators;
(4) the number of Navajo enlistees later increased to more
than three hundred and fifty;
(5) at the time, the Navajos were often treated as second-
class citizens, and they were a people who were discouraged
from using their own native language;
(6) the Navajo Marine Corps Radio Operators, who became
known as the ``Navajo Code Talkers'', were used to develop a
code using their native language to communicate military
messages in the Pacific;
(7) to the enemy's frustration, the code developed by these
Native Americans proved to be unbreakable, and was used
extensively throughout the Pacific theater;
(8) the Navajo language, discouraged in the past, was
instrumental in developing the most significant and
successful military code of the time;
(9) at Iwo Jima alone, the Navajo Code Talkers passed over
800 error-free messages in a 48-hour period;
(10) Use of the Navajo Code was so successful, that--
(A) military commanders credited it in saving the lives of
countless American soldiers and in the success of the
engagements of the United States in the battles of
Guadalcanal, Tarawa, Saipan, Iwo Jima, and Okinawa;
(B) some Code Talkers were guarded by fellow marines, whose
role was to kill them in case of imminent capture by the
enemy; and
(C) the Navajo code was kept secret for 23 years after the
end of World War II;
(11) following the conclusion of World War II, the
Department of Defense maintained the secrecy of the Navajo
code until it was declassified in 1968; and
(12) only then did a realization of the sacrifice and valor
of these brave Native Americans emerge from history.
(b)(1) To express recognition by the United States and its
citizens in honoring the Navajo Code Talkers, who
distinguished themselves in performing a unique, highly
successful communications operation that greatly assisted in
saving countless lives and hastening the end of World War II
in the Pacific, the President is authorized--
(A) to award to each of the original twenty-nine Navajo
Code Talkers, or a surviving family member, on behalf of the
Congress, a gold medal of appropriate design, honoring the
Navajo Code Talkers; and
(B) to award to each person who qualified as a Navajo Code
Talker (MOS 642), or a surviving family member, on behalf of
the Congress, a silver medal of appropriate design, honoring
the Navajo Code Talkers.
(2) For purposes of the awards authorized by paragraph (l),
the Secretary of the Treasury (in this section referrd to as
the ``Secretary'') shall strike gold and silver medals with
suitable emblems, devices, and inscriptions, to be determined
by the Secretary.
(c) The Secretary may strike and sell duplicates in bronze
of the medals struck pursuant to this section, under such
regulations as the Secretary may prescribe, and a price
sufficient to cover the costs thereof, including labor,
materials, dies, use of machinery, and overhead expenses, and
the cost of the medals.
(d) The medals struck pursuant to this section are national
medals for purposes of chapter 51, of title 31, United States
Code.
(e)(1) There is authorized to be charged against the United
States Mint Public Enterprise Fund, such sums as may be
necessary to pay for the costs of the medals authorized by
this section.
(3) Amounts received from the sale of duplicate medals
under this section shall be deposited in the United States
Mint Public Enterprise Fund.
TITLE XII--ENVIRONMENTAL PROTECTION AGENCY
Administrative Provision
SEC. 1201. ABOVEGROUND STORAGE TANK GRANT PROGRAM.
(a) Definitions.--In this provision:
(1) Aboveground Storage Tank.--The term ``aboveground
storage tank'' means any tank or combination of tanks
(including any connected pipe)--
(A) that is used to contain an accumulation of regulated
substances; and
(B) the volume of which (including the volume of any
connected pipe) is located wholly above the surface of the
ground.
(2) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) Denali Commission.--The term ``Denali Commission''
means the commission established by section 303(a) of the
Denali Commission Act of 1998 (42 U.S.C. 3121 note).
(4) Federal Environmental Law.--The term ``Federal
environmental law'' means--
(A) the Oil Pollution Control Act of 1990 (33 U.S.C. 2701
et seq.);
(B) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
(C) the Soild Waste Disposal Act (42 U.S.C. 6901 et seq.);
or
(D) the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.); or
(E) any other Federal law that is applicable to the release
into the environment of a regulated substance, as determined
by the Administrator.
(5) Native Village.--The term ``Native village'' has the
meaning given the term in section 11(b) in Public Law 92-203
(85 Stat. 688).
(6) Program.--The term ``program'' means the Aboveground
Storage Tank Grant Program established by subsection (b)(1).
(7) Regulated Substance.--The term ``regulated substance''
has the meaning given the term in section 9001 of the Solid
Waste Disposal Act (42 U.S.C. 6991).
(8) State.--The term ``State'' means the State of Alaska.
(b) Establishment.--
(1) In General.--There is established a grant program to be
known as the ``Aboveground Storage Tank Grant Program''.
(2) Grants.--Under the program, the Administrator shall
award a grant to--
(A) the State, on behalf of a Native village; or
(B) the Denali Commission.
(c) Use of Grants.--The State or the Denali Commission
shall use the funds of a grant under subsection (b) to
repair, upgrade, or replace 1 or more aboveground storage
tanks that--
(l) leaks or poses an imminent threat of leaking, as
certified by the Administrator, the Commandant of the Coast
Guard, or any other appropriate Federal or State agency (as
determined by the Administrator); and
(2) is located in a Native village--
(A) the median household income of which is less than 80
percent of the median household income in the State;
(B) that is located--
(i) within the boundaries of--
(I) a unit of the National Park System;
(II) a unit of the National Wildlife Refuge System; or
(III) a National Forest; or
(ii) on public land under the administrative jurisdiction
of the Bureau of Land Management; or
(C) that receives payments from the Federal Government
under chapter 69 of title 31, United States Code (commonly
known as ``payments in lieu of taxes'').
(d) Reports.--Not later than 1 year after the date on which
the State or the Denali Commission receives a grant under
subsection (c), and annually thereafter, the State or the
Denali
[[Page H12297]]
Commission, as the case may be, shall submit a report
describing each project completed with grant funds and any
projects planned for the following year, to--
(1) the Administrator;
(2) the Committee on Resources of the House of
Representatives;
(3) the Committee on Environment and Public Works of the
Senate;
(4) the Committee on Appropriations of the House of
Representatives; and
(5) the Committee on Appropriations of the Senate.
(e) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this Act, to remain available
until expended--
(1) $20,000,000 for year 2001; and
(2) such sums as are necessary for each fiscal year
thereafter.
TITLE XIII--NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
ADMINISTRATIVE PROVISION
Sec. 1301. Of the proceeds in any fiscal year from the sale
of timber on Federal property at the John C. Stennis Space
Center, or on additional real property within the restricted
easement area adjacent to the Center, any funds that are in
excess of the amount necessary for the expenses of commonly
accepted forest management practices on such properties may
be retained and used by the National Aeronautics and Space
Administration for the acquisition from willing sellers of up
to a total of 500 acres of real property to establish
education and visitor programs and facilities that promote
and preserve the regional and national history of the area,
including the contributions of Stennis Space Center, and, as
necessary, for wetlands mitigation.
TITLE XIV--CERTAIN ALASKAN CRUISE SHIP OPERATIONS
SECTION 1401. PURPOSE.
The purpose of this Title is to--
(a) Ensure that cruise vessels operating in the waters of
the Alexander Archipelago and the navigable waters of the
United States within the State of Alaska and within the
Kachemak Bay National Estuarine Research Reserve comply with
all applicable environmental laws, including, but not limited
to, the Federal Water Pollution Control Act, as amended (33
U.S.C. 1251 et seq.), the Act to Prevent Pollution from
Ships, as amended (33 U.S.C. 1901 et seq.), and the
protections contained within this Title.
(b) Ensure that cruise vessels do not discharge untreated
sewage within the waters of the Alexander Archipelago, the
navigable waters of the United States in the State of Alaska,
or within the Kachemak Bay National Estuarine Research
Reserve.
(c) Prevent the unregulated discharge of treated sewage and
graywater while in ports in the State of Alaska or traveling
near the shore in the Alexander Archipelago and the navigable
waters of the United States in the State of Alaska or within
the Kachemak Bay National Estuarine Research Reserve.
(d) Ensure that discharges of sewage and graywater from
cruise vessels operating in the Alexander Archipelago and the
navigable waters of the United States in the State of Alaska
or within the Kachemak Bay National Estuarine Research
Reserve can be monitored for compliance with the requirements
contained in this Title.
SEC. 1402. APPLICABILITY.
(a) This Title applies to all cruise vessels authorized to
carry 500 or more passengers for hire.
SEC. 1403. PROHIBITION ON DISCHARGE OF UNTREATED SEWAGE.
No person shall discharge any untreated sewage from a
cruise vessel into the waters of the Alexander Archipelago or
the navigable waters of the United States within the State of
Alaska or within the Kachemak Bay National Estuarine Research
Reserve.
SEC. 1404. LIMITATIONS ON DISCHARGE OF TREATED SEWAGE OR
GRAYWATER.
(a) No person shall discharge any treated sewage or
graywater from a cruise vessel into the waters of the
Alexander Archipelago or the navigable waters of the United
States within the State of Alaska or within the Kachemak Bay
National Estuarine Research Reserve unless--
(1) the cruise vessel is underway and proceeding at a speed
of not less than six knots;
(2) the cruise vessel is not less than one nautical mile
from the nearest shore, except in areas designated by the
Secretary, in consultation with the State of Alaska;
(3) the discharge complies with all applicable cruise
vessel effluent standards established pursuant to this Title
and any other applicable law; and
(4) the cruise vessel is not in an area where the discharge
of treated sewage or graywater is prohibited.
(b) The Administrator, in consultation with the Secretary,
may promulgate regulations allowing the discharge of treated
sewage or graywater, otherwise prohibited under paragraphs
(a)(1) and (a)(2) of this section, where the discharge meets
effluent standards determined by the Administrator as
appropriate for discharges into the marine environment. In
promulgating such regulations, the Administrator shall take
into account the best available scientific information on the
environmental effects of the regulated discharges. The
effluent discharge standards promulgated under this section
shall, at a minimum, be consistent with all relevant State of
Alaska water quality standards in force at the time of the
enactment of this Title.
(c) Until such time as the Administrator promulgates
regulations under paragraph (b) of this section, treated
sewage and graywater may be discharged from vessels subject
to this Title in circumstances otherwise prohibited under
paragraphs (a)(1) and (a)(2) of this section, provided that--
(1) the discharge satisfies the minimum level of effluent
quality specified in 40 CFR 133.102, as in effect on the date
of enactment of this Section;
(2) the geometric mean of the samples from the discharge
during any 30-day period does not exceed 20 fecal coliform/
100 ml and not more than 10 percent of the samples exceed 40
fecal coliform/100 ml;
(3) concentrations of total residual chlorine may not
exceed 10.0 |