[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1521 Engrossed Amendment House (EAH)]


  2d Session

                                S. 1521

_______________________________________________________________________

                               AMENDMENTS
                In the House of Representatives, U. S.,

                                                       October 4, 2004.

    Resolved, That the bill from the Senate (S. 1521) entitled ``An Act to 
direct the Secretary of the Interior to convey certain land to the Edward H. 
McDaniel American Legion Post No. 22 in Pahrump, Nevada, for the construction of 
a post building and memorial park for use by the American Legion, other 
veterans' groups, and the local community'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

                        TITLE I--LAND CONVEYANCE

SEC. 101. SHORT TITLE.

    This Act may be cited as the ``Edward H. McDaniel American Legion 
Post No. 22 Land Conveyance Act''.

SEC. 102. DEFINITIONS.

    In this Act:
            (1) Post no. 22.--The term ``Post No. 22'' means the Edward 
        H. McDaniel American Legion Post No. 22 in Pahrump, Nevada.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the Bureau of 
        Land Management.

SEC. 103. CONVEYANCE OF LAND TO EDWARD H. MCDANIEL AMERICAN LEGION POST 
              NO. 22.

    (a) Conveyance on Condition Subsequent.--Not later than 180 days 
after the date of enactment of this Act, subject to valid existing 
rights and the condition stated in subsection (c) and in accordance 
with the Act of June 14, 1926 (commonly known as the ``Recreation and 
Public Purposes Act'') (43 U.S.C. 869 et seq.), the Secretary shall 
convey to Post No. 22, for no consideration, all right, title, and 
interest of the United States in and to the parcel of land described in 
subsection (b).
    (b) Description of Land.--The parcel of land referred to in 
subsection (b) is the parcel of Bureau of Land Management land that--
            (1) is bounded by Route 160, Bride Street, and Dandelion 
        Road in Nye County, Nevada;
            (2) consists of approximately 4.5 acres of land; and
            (3) is more particularly described as a portion of the S 
        \1/4\ of section 29, T. 20 S., R. 54 E., Mount Diablo and Base 
        Meridian.
    (c) Condition on Use of Land.--
            (1) In general.--Post No. 22 and any successors of Post No. 
        22 shall use the parcel of land described in section (b) for 
        the construction and operation of a post building and memorial 
        park for use by Post No. 22, other veterans groups, and the 
        local community for events and activities.
            (2) Reversion.--Except as provided in paragraph (3), if the 
        Secretary, after notice to Post No. 22 and an opportunity for a 
        hearing, makes a finding that Post No. 22 has used or permitted 
        the use of the parcel for any purpose other than the purpose 
        specified in paragraph (1) and Post No. 22 fails to discontinue 
        that use, title to the parcel shall revert to the United 
        States, to be administered by the Secretary.
            (3) Waiver.--The Secretary may waive the requirements of 
        paragraph (2) if the Secretary determines that a waiver would 
        be in the best interests of the United States.

                          TITLE II--EXTENSIONS

SEC. 201. AUTHORIZATION AND APPROPRIATION EXTENSIONS.

    Division II of the Omnibus Parks and Public Lands Management Act of 
1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended--
            (1) in each of sections 107, 208, 408, 507, 811, and 910, 
        by striking ``September 30, 2012'' and inserting ``September 
        30, 2027'';
            (2) in each of sections 108(a), 209(a), 409(a), 508(a), 
        812(a), and 909(c), by striking ``$10,000,000'' and inserting 
        ``$20,000,000''; and
            (3) in title VIII, by striking ``Canal National Heritage 
        Corridor'' each place it appears in the section headings and 
        text and inserting ``National Heritage Canalway''.

                 TITLE III--NATIONAL COAL HERITAGE AREA

SEC. 301. NATIONAL COAL HERITAGE AREA.

    (a) National Coal Heritage Area Authority; Boundary Revision.--
Title I of division II of the Omnibus Parks and Public Lands Management 
Act of 1996 (Public Law 104-333; 16 U.S.C. 461 note) is amended as 
follows:
            (1) In section 103(b), by inserting ``(1)'' before ``the 
        counties'' and by inserting the following before the period: 
        ``; (2) Lincoln County, West Virginia; and (3) Paint Creek and 
        Cabin Creek in Kanawha County, West Virginia''.
            (2) In section 104, by striking ``Governor'' and all that 
        follows through ``organizations'' in the matter preceding 
        paragraph (1) and inserting ``National Coal Heritage Area 
        Authority, a public corporation and government instrumentality 
        established by the State of West Virginia, pursuant to which 
        the Secretary shall assist the National Coal Heritage Area 
        Authority''.
            (3) In section 105--
                    (A) by striking ``paragraph (2) of''; and
                    (B) by adding at the end the following new 
                sentence: ``Resources within Lincoln County, West 
                Virginia, and Paint Creek and Cabin Creek within 
                Kanawha County, West Virginia, shall also be eligible 
                for assistance as determined by the National Coal 
                Heritage Area Authority.''.
            (4) In section 106(a)--
                    (A) by striking ``Governor'' and all that follows 
                through ``and Parks'' and inserting ``National Coal 
                Heritage Area Authority''; and
                    (B) in paragraph (3), by striking ``State of West 
                Virginia'' and all that follows through ``entities'' 
                and inserting ``National Coal Heritage Area 
                Authority''.
    (b) Agreement Continuing in Effect.--The contractual agreement 
entered into by the Secretary of the Interior and the Governor of West 
Virginia prior to the date of the enactment of this Act pursuant to 
section 104 of title I of division II of the Omnibus Parks and Public 
Lands Management Act of 1996 (16 U.S.C. 461 note) shall be deemed as 
continuing in effect, except that such agreement shall be between the 
Secretary and the National Coal Heritage Area Authority.

          TITLE IV--COASTAL HERITAGE TRAIL ROUTE IN NEW JERSEY

SEC. 401. REAUTHORIZATION OF APPROPRIATIONS FOR COASTAL HERITAGE TRAIL 
              ROUTE IN NEW JERSEY.

    (a) Reauthorization.--Section 6 of Public Law 100-515 (16 U.S.C. 
1244 note) is amended--
            (1) in subsection (b)(1), by striking ``$4,000,000'' and 
        all that follows and inserting ``such sums as may be 
        necessary.''; and
            (2) in subsection (c), by striking ``10'' and inserting 
        ``12''.
    (b) Strategic Plan.--
            (1) In general.--The Secretary of the Interior shall, by 
        not later than 2 years after the date of the enactment of this 
        Act, prepare a strategic plan for the New Jersey Coastal 
        Heritage Trail Route.
            (2) Contents.--The strategic plan shall describe--
                    (A) opportunities to increase participation by 
                national and local private and public interests in 
                planning, development, and administration of the New 
                Jersey Coastal Heritage Trail Route; and
                    (B) organizational options for sustaining the New 
                Jersey Coastal Heritage Trail Route.

    TITLE V--ILLINOIS AND MICHIGAN CANAL NATIONAL HERITAGE CORRIDOR

SEC. 501. SHORT TITLE.

    This title may be cited as the ``Illinois and Michigan Canal 
National Heritage Corridor Act Amendments of 2004''.

SEC. 502. TRANSITION AND PROVISIONS FOR NEW MANAGEMENT ENTITY.

    The Illinois and Michigan Canal National Heritage Corridor Act of 
1984 (Public Law 98-398; 16 U.S.C. 461 note) is amended as follows:
            (1) In section 103--
                    (A) in paragraph (8), by striking ``and'';
                    (B) in paragraph (9), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
            ``(10) the term `Association' means the Canal Corridor 
        Association (an organization described under section 501(c)(3) 
        of the Internal Revenue Code of 1986 and exempt from taxation 
        under section 501(a) of such Code).''.
            (2) By adding at the end of section 112 the following new 
        paragraph:
            ``(7) The Secretary shall enter into a memorandum of 
        understanding with the Association to help ensure appropriate 
        transition of the management entity to the Association and 
        coordination with the Association regarding that role.''.
            (3) By adding at the end the following new sections:

``SEC. 119. ASSOCIATION AS MANAGEMENT ENTITY.

    ``Upon the termination of the Commission, the management entity for 
the corridor shall be the Association.

``SEC. 120. DUTIES AND AUTHORITIES OF ASSOCIATION.

    ``For purposes of preparing and implementing the management plan 
developed under section 121, the Association may use Federal funds made 
available under this title--
            ``(1) to make loans and grants to, and enter into 
        cooperative agreements with, States and their political 
        subdivisions, private organizations, or any person;
            ``(2) to hire, train, and compensate staff; and
            ``(3) to enter into contracts for goods and services.

``SEC. 121. DUTIES OF THE ASSOCIATION.

    ``The Association shall--
            ``(1) develop and submit to the Secretary for approval 
        under section 123 a proposed management plan for the corridor 
        not later than 2 years after Federal funds are made available 
        for this purpose;
            ``(2) give priority to implementing actions set forth in 
        the management plan, including taking steps to assist units of 
        local government, regional planning organizations, and other 
        organizations--
                    ``(A) in preserving the corridor;
                    ``(B) in establishing and maintaining interpretive 
                exhibits in the corridor;
                    ``(C) in developing recreational resources in the 
                corridor;
                    ``(D) in increasing public awareness of and 
                appreciation for the natural, historical, and 
                architectural resources and sites in the corridor; and
                    ``(E) in facilitating the restoration of any 
                historic building relating to the themes of the 
                corridor;
            ``(3) encourage by appropriate means economic viability in 
        the corridor consistent with the goals of the management plan;
            ``(4) consider the interests of diverse governmental, 
        business, and other groups within the corridor;
            ``(5) conduct public meetings at least quarterly regarding 
        the implementation of the management plan;
            ``(6) submit substantial changes (including any increase of 
        more than 20 percent in the cost estimates for implementation) 
        to the management plan to the Secretary;
            ``(7) for any year in which Federal funds have been 
        received under this title--
                    ``(A) submit an annual report to the Secretary 
                setting forth the Association's accomplishments, 
                expenses and income, and the identity of each entity to 
                which any loans and grants were made during the year 
                for which the report is made;
                    ``(B) make available for audit all records 
                pertaining to the expenditure of such funds and any 
                matching funds; and
                    ``(C) require, for all agreements authorizing 
                expenditure of Federal funds by other organizations, 
                that the receiving organizations make available for 
                audit all records pertaining to the expenditure of such 
                funds.

``SEC. 122. USE OF FEDERAL FUNDS.

            ``(1) In general.--The Association shall not use Federal 
        funds received under this title to acquire real property or an 
        interest in real property.
            ``(2) Other sources.--Nothing in this title precludes the 
        Association from using Federal funds from other sources for 
        authorized purposes.

``SEC. 123. MANAGEMENT PLAN.

    ``(a) Preparation of Management Plan.--Not later than 2 years after 
the date that Federal funds are made available for this purpose, the 
Association shall submit to the Secretary for approval a proposed 
management plan that shall--
            ``(1) take into consideration State and local plans and 
        involve residents, local governments and public agencies, and 
        private organizations in the corridor;
            ``(2) present comprehensive recommendations for the 
        corridor's conservation, funding, management, and development;
            ``(3) include actions proposed to be undertaken by units of 
        government and nongovernmental and private organizations to 
        protect the resources of the corridor;
            ``(4) specify the existing and potential sources of funding 
        to protect, manage, and develop the corridor; and
            ``(5) include the following:
                    ``(A) Identification of the geographic boundaries 
                of the corridor.
                    ``(B) A brief description and map of the corridor's 
                overall concept or vision that show key sites, visitor 
                facilities and attractions, and physical linkages.
                    ``(C) Identification of overall goals and the 
                strategies and tasks intended to reach them, and a 
                realistic schedule for completing the tasks.
                    ``(D) A listing of the key resources and themes of 
                the corridor.
                    ``(E) Identification of parties proposed to be 
                responsible for carrying out the tasks.
                    ``(F) A financial plan and other information on 
                costs and sources of funds.
                    ``(G) A description of the public participation 
                process used in developing the plan and a proposal for 
                public participation in the implementation of the 
                management plan.
                    ``(H) A mechanism and schedule for updating the 
                plan based on actual progress.
                    ``(I) A bibliography of documents used to develop 
                the management plan.
                    ``(J) A discussion of any other relevant issues 
                relating to the management plan.
    ``(b) Disqualification From Funding.--If a proposed management plan 
is not submitted to the Secretary within 2 years after the date that 
Federal funds are made available for this purpose, the Association 
shall be ineligible to receive additional funds under this title until 
the Secretary receives a proposed management plan from the Association.
    ``(c) Approval of Management Plan.--The Secretary shall approve or 
disapprove a proposed management plan submitted under this title not 
later than 180 days after receiving such proposed management plan. If 
action is not taken by the Secretary within the time period specified 
in the preceding sentence, the management plan shall be deemed 
approved. The Secretary shall consult with the local entities 
representing the diverse interests of the corridor including 
governments, natural and historic resource protection organizations, 
educational institutions, businesses, recreational organizations, 
community residents, and private property owners prior to approving the 
management plan. The Association shall conduct semi-annual public 
meetings, workshops, and hearings to provide adequate opportunity for 
the public and local and governmental entities to review and to aid in 
the preparation and implementation of the management plan.
    ``(d) Effect of Approval.--Upon the approval of the management plan 
as provided in subsection (c), the management plan shall supersede the 
conceptual plan contained in the National Park Service report.
    ``(e) Action Following Disapproval.--If the Secretary disapproves a 
proposed management plan within the time period specified in subsection 
(c), the Secretary shall advise the Association in writing of the 
reasons for the disapproval and shall make recommendations for 
revisions to the proposed management plan.
    ``(f) Approval of Amendments.--The Secretary shall review and 
approve all substantial amendments (including any increase of more than 
20 percent in the cost estimates for implementation) to the management 
plan. Funds made available under this title may not be expended to 
implement any changes made by a substantial amendment until the 
Secretary approves that substantial amendment.

``SEC. 124. TECHNICAL AND FINANCIAL ASSISTANCE; OTHER FEDERAL AGENCIES.

    ``(a) Technical and Financial Assistance.--Upon the request of the 
Association, the Secretary may provide technical assistance, on a 
reimbursable or nonreimbursable basis, and financial assistance to the 
Association to develop and implement the management plan. The Secretary 
is authorized to enter into cooperative agreements with the Association 
and other public or private entities for this purpose. In assisting the 
Association, the Secretary shall give priority to actions that in 
general assist in--
            ``(1) conserving the significant natural, historic, 
        cultural, and scenic resources of the corridor; and
            ``(2) providing educational, interpretive, and recreational 
        opportunities consistent with the purposes of the corridor.
    ``(b) Duties of Other Federal Agencies.--Any Federal agency 
conducting or supporting activities directly affecting the corridor 
shall--
            ``(1) consult with the Secretary and the Association with 
        respect to such activities;
            ``(2) cooperate with the Secretary and the Association in 
        carrying out their duties under this title;
            ``(3) to the maximum extent practicable, coordinate such 
        activities with the carrying out of such duties; and
            ``(4) to the maximum extent practicable, conduct or support 
        such activities in a manner which the Association determines is 
        not likely to have an adverse effect on the corridor.

``SEC. 125. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--To carry out this title there is authorized to 
be appropriated $10,000,000, except that not more than $1,000,000 may 
be appropriated to carry out this title for any fiscal year.
    ``(b) 50 Percent Match.--The Federal share of the cost of 
activities carried out using any assistance or grant under this title 
shall not exceed 50 percent of that cost.

``SEC. 126. SUNSET.

    ``The authority of the Secretary to provide assistance under this 
title terminates on September 30, 2027.''.

SEC. 503. PRIVATE PROPERTY PROTECTION.

    The Illinois and Michigan Canal National Heritage Corridor Act of 
1984 is further amended by adding after section 126 (as added by 
section 502 of this title) the following new sections:

``SEC. 127. REQUIREMENTS FOR INCLUSION OF PRIVATE PROPERTY.

    ``(a) Notification and Consent of Property Owners Required.--No 
privately owned property shall be preserved, conserved, or promoted by 
the management plan for the corridor until the owner of that private 
property has been notified in writing by the Association and has given 
written consent for such preservation, conservation, or promotion to 
the Association.
    ``(b) Landowner Withdraw.--Any owner of private property included 
within the boundary of the corridor, and not notified under subsection 
(a), shall have their property immediately removed from the boundary of 
the corridor by submitting a written request to the Association.

``SEC. 128. PRIVATE PROPERTY PROTECTION.

    ``(a) Access to Private Property.--Nothing in this title shall be 
construed to--
            ``(1) require any private property owner to allow public 
        access (including Federal, State, or local government access) 
        to such private property; or
            ``(2) modify any provision of Federal, State, or local law 
        with regard to public access to or use of private property.
    ``(b) Liability.--Designation of the corridor shall not be 
considered to create any liability, or to have any effect on any 
liability under any other law, of any private property owner with 
respect to any persons injured on such private property.
    ``(c) Recognition of Authority to Control Land Use.--Nothing in 
this title shall be construed to modify the authority of Federal, 
State, or local governments to regulate land use.
    ``(d) Participation of Private Property Owners in Corridor.--
Nothing in this title shall be construed to require the owner of any 
private property located within the boundaries of the corridor to 
participate in or be associated with the corridor.
    ``(e) Effect of Establishment.--The boundaries designated for the 
corridor represent the area within which Federal funds appropriated for 
the purpose of this title may be expended. The establishment of the 
corridor and its boundaries shall not be construed to provide any 
nonexisting regulatory authority on land use within the corridor or its 
viewshed by the Secretary, the National Park Service, or the 
Association.''.

SEC. 504. TECHNICAL AMENDMENTS.

    Section 116 of Illinois and Michigan Canal National Heritage 
Corridor Act of 1984 is amended--
            (1) by striking subsection (b); and
            (2) in subsection (a)--
                    (A) by striking ``(a)'' and all that follows 
                through ``For each'' and inserting ``(a) For each'';
                    (B) by striking ``Commission'' and inserting 
                ``Association'';
                    (C) by striking ``Commission's'' and inserting 
                ``Association's'';
                    (D) by redesignating paragraph (2) as subsection 
                (b); and
                    (E) by redesignating subparagraphs (A) and (B) as 
                paragraphs (1) and (2), respectively.

                   TITLE VI--POTASH ROYALTY REDUCTION

SEC. 601. SHORT TITLE.

    This Act may be cited as the ``Potash Royalty Reduction Act of 
2004''.

SEC. 602. POTASSIUM AND POTASSIUM COMPOUNDS FROM SYLVITE.

    (a) Royalty Rate.--Notwithstanding section 102(a)(9) of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 
2 of the Act of February 7, 1927 (30 U.S.C. 282) and the term of any 
lease issued under such section 2, the royalty rate on the quantity or 
gross value of the output from Federal lands of potassium and potassium 
compounds from the mineral sylvite at the point of shipment to market 
in the 5-year period beginning on the date of the enactment of this Act 
shall be 1.0 percent.
    (b) Reclamation Fund.--Fifty percentum of any royalties paid 
pursuant to this Act during the 5-year period referred to in subsection 
(a), together with any interest earned from the date of payment, shall 
be paid by the Secretary of the Treasury to the payor of the royalties 
to be used solely for land reclamation purposes in accordance with a 
schedule to implement a reclamation plan for the lands for which the 
royalties are paid. No payment shall be made by the Secretary of the 
Treasury pursuant to this subsection until the Secretary of the 
Interior receives from the payor of the royalties, and approves, the 
reclamation plan and schedule, and submits the approved schedule to the 
Secretary of the Treasury. The share of royalties held by the Secretary 
of the Treasury pursuant to this subsection, and interest earned 
thereon, shall be available until paid pursuant to this subsection, 
without further appropriation; shall not be considered as money 
received under section 35 of the Mineral Leasing Act (30 U.S.C. 191) 
for the purpose of revenue allocation; and shall not be reduced by any 
administrative or other costs incurred by the United States.
    (c) Study and Report.--After the end of the 4-year period beginning 
on the date of the enactment of this Act, and before the end of the 5-
year period beginning on that date, the Secretary of the Interior shall 
report to the Congress on the effects of the royalty reduction under 
this Act, including a recommendation on whether the reduced royalty 
rate for potassium from sylvite should apply after the end of the 5-
year period.

                 TITLE VII--SODA ASH ROYALTY REDUCTION

SEC. 701. SHORT TITLE.

    This Act may be cited as the ``Soda Ash Royalty Reduction Act of 
2004''.

SEC. 702. FINDINGS.

    The Congress finds the following:
            (1) The combination of global competitive pressures, flat 
        domestic demand, and spiraling costs of production threaten the 
        future of the United States soda ash industry.
            (2) Despite booming world demand, growth in United States 
        exports of soda ash since 1997 has been flat, with most of the 
        world's largest markets for such growth, including Brazil, the 
        People's Republic of China, India, the countries of eastern 
        Europe, and the Republic of South Africa, have been closed by 
        protectionist policies.
            (3) The People's Republic of China is the prime competitor 
        of the United States in soda ash production, and recently 
        supplanted the United States as the largest producer of soda 
        ash in the world.
            (4) Over 700 jobs have been lost in the United States soda 
        ash industry since the Department of the Interior increased the 
        royalty rate on soda ash produced on Federal land, in 1996.
            (5) Reduction of the royalty rate on soda ash produced on 
        Federal land will provide needed relief to the United States 
        soda ash industry and allow it to increase export growth and 
        competitiveness in emerging world markets, and create new jobs 
        in the United States.

SEC. 703. REDUCTION IN ROYALTY RATE ON SODA ASH.

    Notwithstanding section 102(a)(9) of the Federal Land Policy 
Management Act of 1976 (43 U.S.C. 1701(a)(9)), section 24 of the 
Mineral Leasing Act (30 U.S.C. 262), and the terms of any lease under 
that Act, the royalty rate on the quantity or gross value of the output 
of sodium compounds and related products at the point of shipment to 
market from Federal land in the 5-year period beginning on the date of 
the enactment of this Act shall be 2 percent.

SEC. 704. STUDY.

    After the end of the 4-year period beginning on the date of the 
enactment of this Act, and before the end of the 5-year period 
beginning on that date, the Secretary of the Interior shall report to 
the Congress on the effects of the royalty reduction under this Act, 
including--
            (1) the amount of sodium compounds and related products at 
        the point of shipment to market from Federal land during that 
        4-year period;
            (2) the number of jobs that have been created or maintained 
        during the royalty reduction period;
            (3) the total amount of royalty paid to the United States 
        on the quantity or gross value of the output of sodium 
        compounds and related products at the point of shipment to 
        market produced during that 4-year period, and the portion of 
        such royalty paid to States; and
            (4) a recommendation of whether the reduced royalty rate 
        should apply after the end of the 5-year period beginning on 
        the date of the enactment of this Act.

            Amend the title so as to read ``An Act to direct the 
        Secretary of the Interior to convey certain land to the Edward 
        H. McDaniel American Legion Post No. 22 in Pahrump, Nevada, for 
        the construction of a post building and memorial park for use 
        by the American Legion, other veterans' groups, and the local 
        community, and for other purposes.''.
            Attest:

                                                                          Clerk.