[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[Senate]
[Pages S9660-S9664]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

THE DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1998

                                 ______
                                 

                 STEVENS (AND DODD) AMENDMENT NO. 1219

  Mr. STEVENS (for himself and Mr. Dodd) proposed an amendment to the 
bill (H.R. 2107) making appropriations for the Department of the 
Interior and related agencies for the fiscal year ending September 30, 
1998, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec. 3  . It is the sense of the Senate that, inasmuch as 
     there is disagreement as to what extent, if any, Federal 
     funding for the arts is appropriate, and what modifications 
     to the mechanism for such funding may be necessary; and 
     further, inasmuch as there is a role for the private sector 
     to supplement the Federal, State and local partnership in 
     support of the arts, hearings should be conducted and 
     legislation addressing these issues should be brought before 
     the full Senate for debate and passage during this Congress.
                                 ______
                                 

                  ENZI (AND OTHERS) AMENDMENT NO. 1220

  (Ordered to lie on the table.)
  Mr. ENZI (for himself, Mr. Brownback, and Mr. Coats) submitted an 
amendment intended to be proposed by them to an amendment intended to 
be the bill, H.R. 2107, supra; as follows:

       At the end of the amendment, insert the following new 
     section:

     SEC.   . LIMITATIONS ON CERTAIN INDIAN GAMING OPERATIONS.

       (a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Class iii gaming.--The term ``class III gaming'' has 
     the meaning provided that term in section 4(8) of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2703(8)).
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning provided that term in section 4(e) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450(e)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of the Interior.
       (4) Tribal-state compact.--The term ``Tribal-State 
     compact'' means a Tribal-State compact referred to in section 
     11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 
     2710(d)).
       (b) Class III Gaming Compacts.--
       (1) In general.--
       (A) Prohibition.--During fiscal year 1998, the Secretary 
     may not expend any funds made available under this Act to 
     review or approve any initial Tribal-State compact for class 
     III gaming entered into on or after the date of enactment of 
     this Act except for a Tribal-State compact which has been 
     approved by the State's Governor and State Legislature.
       (B) Rule of Construction.--Nothing in this paragraph may be 
     construed to prohibit the review or approval by the Secretary 
     of a renewal or revision of, or amendment to a Tribal-State 
     compact that is not covered under subparagraph (A).
       (2) Tribal-State Compacts.--During fiscal year 1998, 
     notwithstanding any other provision of law, no Tribal-State 
     compact for class III gaming shall be considered to have been 
     approved by the Secretary by reason of the failure of the 
     Secretary to approve or disapprove that compact. This 
     provision shall not apply to any Tribal-State compact which 
     has been approved by the State's Governor and State 
     Legislature.
                                 ______
                                 

                  ENZI (AND OTHERS) AMENDMENT NO. 1221

  Mr. ENZI (for himself, Mr. Brownback, Mr. Coats, Mr. Lugar, Mr. 
Bryan, Mr. Bond, Mr. Sessions, and Mr. Ashcroft) proposed an amendment 
to the bill, H.R. 2107, supra; as follows:

       At the appropriate place, insert the following new section:

     SEC.  . LIMITATIONS ON CERTAIN INDIAN GAMING OPERATIONS.

       (a) Definitions.--For purposes of this section, the 
     following definitions shall apply:
       (1) Class III gaming.--the term ``class III gaming'' has 
     the meaning provided that term in section 4(8) of the Indian 
     Gaming Regulatory Act (25 U.S.C. 2703(8)).
       (2) Indian tribe.--The term ``Indian tribe'' has the 
     meaning provided that term in section 4(e) of the Indian 
     Self-Determination and Education Assistance Act (25 U.S.C. 
     450(e)).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Department of the Interior.
       (4) Tribal-state compact.--The term ``Tribal-State 
     compact'' means a Tribal-State compact referred to in section 
     11(d) of the Indian Gaming Regulatory Act (25 U.S.C. 
     2710(d)).
       (b) Class III Gaming Compacts.--
       (1) In general.--
       (A) prohibited.--During fiscal year 1998, the Secretary 
     many not expend any funds made available under this Act to 
     review or approve any initial Tribal-State compact for class 
     III gaming entered into on or after the date of enactment of 
     this Act except for a Tribal-State compact or form of compact 
     which has been approved by the State's Governor and State 
     Legislature.
       (B) Rule construction.--Nothing in this paragraph may be 
     construed to prohibit the review or approval by the Secretary 
     of a renewal or revision of, or amendment to a

[[Page S9661]]

     Tribal-State compact that is not covered under subparagraph 
     (A).
       (2) Tribal-state compacts.--During fiscal year 1998, 
     notwithstanding any other provision of law, no Tribal-State 
     compact for class III gaming shall be considered to have been 
     approved by the Secretary by reason of the failure of the 
     Secretary to approve or disapprove that compact. This 
     provision shall not apply to any Tribal-State compact or form 
     of compact which has been approved by the State's Governor 
     and State Legislature.
                                 ______
                                 

                  BRYAN (AND REID) AMENDMENT NO. 1222

  Mr. BRYAN (for himself and Mr. Reid) proposed an amendment to 
amendment No. 1221 proposed by Mr. Enzi to the bill, H.R. 2107, supra; 
as follows:

       At the end of the amendment, add the following new section:

     ``SEC.  . SENSE OF THE SENATE CONCERNING INDIAN GAMING.

       ``It is the Sense of the Senate that the United States 
     Department of Justice should vigorously enforce the 
     provisions of the Indian Gaming Regulatory Act requiring an 
     approved Tribal-State gaming impact prior to the initiation 
     of class III gaming on Indian lands.''
                                 ______
                                 

                  KYL (AND OTHERS) AMENDMENT NO. 1223

  Mr. KYL (for himself, Mr. Campbell, and Mr. Hatch) proposed an 
amendment to the bill, H.R. 2107, supra; as follows:

       At the appropriate place in title I, insert the following:
       ``Sec. 1  . In addition to the amounts made available to 
     the Bureau of Indian Affairs under this title, $4,840,000 
     shall be made available to the Bureau of Indian Affairs to be 
     used for Bureau of Indian Affairs special law enforcement 
     efforts to reduce gang violence.
       On page 96, line 9, strike ``$5,840,000'' and insert 
     ``$1,000,000''.
                                 ______
                                 

                BUMPERS (AND OTHERS) AMENDMENT NO. 1224

  Mr. BUMPERS (for himself, Mr. Gregg, and Ms. Landrieu) proposed an 
amendment to the bill, H.R. 2107, supra, as follows:

       Add the following at the end of the pending Committee 
     amendment as amended:
       ``(c)(1) Each person producing locatable minerals 
     (including associated minerals) from any mining claim located 
     under the general mining laws, or mineral concentrates 
     derived from locatable minerals produced from any mining 
     claim located under the general mining laws, as the case may 
     be, shall pay a royalty of 5 percent of the net smelter 
     return from the production of such locatable minerals or 
     concentrates, as the case may be.
       ``(2) Each person responsible for making royalty payments 
     under this section shall make such payments to the Secretary 
     of the Interior not later than 30 days after the end of the 
     calendar month in which the mineral or mineral concentrates 
     are produced and first place in marketable condition, 
     consistent with prevailing practices in the industry.
       ``(3) All persons holding mining claims located under the 
     general mining laws shall provide to the Secretary such 
     information as determined necessary by the Secretary to 
     ensure compliance with this section, including, but not 
     limited to, quarterly reports, records, documents, and other 
     data. Such reports may also include, but not be limited to, 
     pertinent technical and financial data relating to the 
     quantity, quality, and amount of all minerals extracted from 
     the mining claim.
       ``(4) The Secretary is authorized to conduct such audits of 
     all persons holding mining claims located under the general 
     mining laws as he deems necessary for the purposes of 
     ensuring compliance with the requirements of this subsection.
       ``(5) Any person holding mining claims located under the 
     general mining laws who knowingly or willfully prepares, 
     maintains, or submits false, inaccurate, or misleading 
     information required by this section, or fails or refuses to 
     submit such information, shall be subject to a penalty 
     imposed by the Secretary.
       ``(6) This subsection shall take effect with respect to 
     minerals produced from a mining claim in calendar months 
     beginning after enactment of this Act.
       ``(d)(1) Any person producing hardrock minerals from a mine 
     that was within a mining claim that has subsequently been 
     patented under the general mining laws shall pay a 
     reclamation fee to the Secretary under this subsection. The 
     amount of such fee shall be equal to a percentage of the net 
     proceeds from such mine. The percentage shall be based upon 
     the ratio of the net proceeds to the gross proceeds related 
     to such production in accordance with the following table:

Net proceeds as percentage of gross proceeds:                    Rate \1
                                                                    \
    Less than 10...............................................     2.00
    10 or more but less than 18................................     2.50
    18 or more but less than 26................................     3.00
    26 or more but less than 34................................     3.50
    34 or more but less than 42................................     4.00
    42 or more but less than 50................................     4.50
    50 or more.................................................     5.00
 
 
\1\ Rate of fee as percentage of net proceeds.

       ``(2) Gross proceeds of less than $500,000 from minerals 
     produced in any calendar year shall be exempt from the 
     reclamation fee under this subsection for that year if such 
     proceeds are from one or more mines located in a single 
     patented claim or on two or more contiguous patented claims.
       ``(3) The amount of all fees payable under this subsection 
     for any calendar year shall be paid to the Secretary within 
     60 days after the end of such year.
       ``(e) Receipts from the fees collected under subsections 
     and (d) shall be paid into an Abandoned Minerals Mine 
     Reclamation Fund.
       ``(f)(1) There is established on the books of the Treasury 
     of the United States an interest-bearing fund to be known as 
     the Abandoned Minerals Mine Reclamation Fund (hereinafter 
     referred to in this section as the ``Fund''). The Fund shall 
     be administered by the Secretary.
       ``(2) The Secretary shall notify the Secretary of the 
     Treasury as to what portion of the Fund is not, in his 
     judgement, required to meet current withdrawals. The 
     Secretary of the Treasury shall invest such portion of the 
     Fund in public debt securities with maturities suitable for 
     the needs of such Fund and bearing interest at rates 
     determined by the Secretary of the Treasury, taking into 
     consideration current market yields on outstanding 
     marketplace obligations of the United States of comparable 
     maturities. The income on such investments shall be credited 
     to, and form a part of, the Fund.
       ``(3) The Secretary is, subject to appropriations, 
     authorized to use moneys in the Fund for the reclamation and 
     restoration of land and water resources adversely affected by 
     past mineral (other than coal and fluid minerals) and mineral 
     material mining, including but not limited to, any of the 
     following:
       ``(A) Reclamation and restoration of abandoned surface 
     mined areas.
       ``(B) Reclamation and restoration of abandoned milling and 
     processing areas.
       ``(C) Sealing, filling, and grading abandoned deep mine 
     entries.
       ``(D) Planting of land adversely affected by past mining to 
     prevent erosion and sedimentation.
       ``(E) Prevention, abatement, treatment and control of water 
     pollution created by abandoned mine drainage.
       ``(F) Control of surface subsidence due to abandoned deep 
     mines.
       ``(G) Such expenses as may be necessary to accomplish the 
     purposes of this section.
       ``(4) Land and waters eligible for reclamation expenditures 
     under this section shall be those within the boundaries of 
     States that have lands subject to the general mining laws--
       ``(A) which were mined or processed for minerals and 
     mineral materials or which were affected by such mining or 
     processing, and abandoned or left in an inadequate 
     reclamation status prior to the date of enactment of this 
     title;
       ``(B) for which the Secretary makes a determination that 
     there is no continuing reclamation responsibility under State 
     or Federal laws; and
       ``(C) for which it can be established that such lands do 
     not contain minerals which could economically be extracted 
     through the reprocessing or remining of such lands.
       ``(5) Sites and areas designated for remedial action 
     pursuant to the Uranium Mill Tailings Radiation Control Act 
     of 1978 (42 U.S.C. 7901 and following) or which have been 
     listed for remedial action pursuant to the Comprehensive 
     Environmental Response Compensation and Liability Act of 1980 
     (42 U.S.C. 9601 and following) shall not be eligible for 
     expenditures from the Fund under this section.
       ``(g) As used in this Section:
       ``(1) The term ``gross proceeds'' means the value of any 
     extracted hardrock mineral which was:
       (A) sold;
       (B) exchanged for any thing or service;
       (C) removed from the country in a form ready for use or 
     sale; or
       (D) initially used in a manufacturing process or in 
     providing a service.
       ``(2) The term ``net proceeds'' means gross proceeds less 
     the sum of the following deductions:
       (A) The actual cost of extracting the mineral.
       (B) The actual cost of transporting the mineral to the 
     place or places of reduction, refining and sale.
       (C) The actual cost of reduction, refining and sale.
       (D) The actual cost of marketing and delivering the mineral 
     and the conversion of the mineral into money.
       (E) The actual cost of maintenance and repairs of:
       (i) All machinery, equipment, apparatus and facilities used 
     in the mine.
       (ii) All milling, refining, smelting and reduction works, 
     plants and facilities.
       (iii) All facilities and equipment for transportation.
       (F) The actual cost of fire insurance on the machinery, 
     equipment, apparatus, works, plants and facilities mentioned 
     in subsection (E).
       (G) Depreciation of the original capitalized cost of the 
     machinery, equipment, apparatus, works, plants and facilities 
     mentioned in subsection (E).

[[Page S9662]]

       (H) All money expended for premiums for industrial 
     insurance, and the actual cost of hospital and medical 
     attention and accident benefits and group insurance for all 
     employees.
       (I) The actual cost of developmental work in or about the 
     mine or upon a group of mines when operated as a unit.
       (J) All royalties and severance taxes paid to the Federal 
     government or State governments.
       ``(3) The term ``hardrock minerals'' means any mineral 
     other than a mineral that would be subject to disposition 
     under any of the following if located on land subject to the 
     general mining laws:
       (A) the Mineral Leasing Act (30 U.S.C. 181 and following);
       (B) the Geothermal Steam Act of 1970 (30 U.S.C. 100 and 
     following);
       (C) the Act of July 31, 1947, commonly known as the 
     Materials Act of 1947 (30 U.S.C. 601 and following); or
       (D) the Mineral Leasing for Acquired Lands Act (30 U.S.C. 
     351 and following).
       ``(4) The term ``Secretary'' means the Secretary of the 
     Interior.
       ``(5) The term ``patented mining claim'' means an interest 
     in land which has been obtained pursuant to sections 2325 and 
     2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein 
     or lode claims and sections 2329, 2330, 2331, and 2333 of the 
     Revised Statutes (30 U.S.C. 35, 36 and 37) for placer claims, 
     or section 2337 of the Revised Statutes (30 U.S.C. 42) for 
     mill site claims.
       ``(6) The term ``general mining laws'' means those Acts 
     which generally comprise Chapters 2, 12A, and 16, and 
     sections 161 and 162 of title 30 of the United States Code.''
                                 ______
                                 

                 BENNETT (AND HATCH) AMENDMENT NO. 1225

  Mr. GORTON (for Mr. Bennett, for himself and Mr. Hatch) proposed an 
amendment to the bill, H.R. 2107, supra; as follows:

       On page 5, line 17, strike ``$9,400,000'' and insert 
     ``$8,600,000'' and on page 65, line 18, strike 
     ``$160,269,000,'' and insert ``$161,069,000,'' and on page 
     65, line 23, after ``205'' insert ``, of which $800,000 shall 
     be available for the design and engineering of the Trappers 
     Loop Connector Road in the Wasatch-Cache National Forest''.
                                 ______
                                 

                       DeWINE AMENDMENT NO. 1226

  Mr. GORTON (for Mr. DeWine) proposed an amendment to the bill, H.R. 
2107, supra; as follows:

       At the end of title III, insert the following:
       Sec.   . (a) In providing services of awarding financial 
     assistance under the National Foundation on the Arts and the 
     Humanities Act of 1965 from funds appropriated under this 
     Act, the Chairperson of the National Endowment for the Arts 
     shall ensure that priority is given to providing services or 
     awarding financial assistance for projects, productions, 
     workshops, or programs that serve underserved populations.
       (b) In this section:
       (1) The term ``underserved population'' means a population 
     of individuals who have historically been outside the purview 
     of arts and humanities programs due to factors such as a high 
     incidence of income below the poverty line or to geographic 
     isolation.
       (2) The term ``poverty line'' means the poverty line (as 
     defined by the Office of Management and Budget, and revised 
     annually in accordance with section 673(2) of the Community 
     Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a 
     family of the size involved.
                                 ______
                                 

                       GRAHAM AMENDMENT NO. 1227

  Mr. GORTON (for Mr. Graham) proposed an amendment to the bill, H.R. 
2107, supra; as follows:

       On page 63, between liens 8 and 9, insert the following:

     SEC.   . YOUTH ENVIRONMENTAL SERVICE PROGRAM.

       Not later than 180 days after the date of enactment of this 
     Act, the Secretary of Interior, in consultation with the 
     Attorney General, shall--
       (1) submit to Congress a report identifying at least 20 
     sites on Federal land that are potentially suitable and 
     promising for activities of the Youth Environmental Service 
     program to be administered in accordance with the Memorandum 
     of Understanding signed by the Secretary of the Interior and 
     the Attorney General in February 1994; and
       (2) provide a copy of the report to the appropriate State 
     and local law enforcement agencies in the States and 
     localities in which the 20 prospective sites are located.
                                 ______
                                 

                  REID (AND BRYAN) AMENDMENT NO. 1228

  Mr. REID (for himself and Mr. Bryan) proposed an amendment to the 
bill, H.R. 2107, supra; as follows:

       At the appropriate place insert the following: No funds 
     provided in this or any other Act may be expended to develop 
     a rulemaking process relevant to amending the National Indian 
     Gaming Commission's definition regulations located at 25 CFR 
     502.7 and 502.8.
                                 ______
                                 

              BINGAMAN (AND MURKOWSKI) AMENDMENT NO. 1229

  Mr. BINGAMAN (for himself and Mr. Murkowski) proposed an amendment to 
the bill, H.R. 2107, supra; as follows:

       On page 80, strike line 14 and all that follows through 
     page 81, line 6 and insert the following:


                     ``strategic petroleum reserve

                    ``(including transfer of funds)

       ``for necessary expenses for Strategic Petroleum Reserve 
     facility development and operations and program management 
     activities pursuant to the Energy and Policy and Conservation 
     Act of 1975, as amended (42 U.S.C. 6201 et seq.), 
     $207,500,000, to remain available until expended, of which 
     $207,500,000 shall be repaid from the ``SPR Operating Fund'' 
     from amounts made available from sales under this heading: 
     Provided, That, consistent with Public Law 104-106, proceeds 
     in excess of $2,000,000,000 from the sale of the Naval 
     Petroleum Reserve Numbered 1 shall be deposited into the 
     ``SPR Operating Fund'', and are hereby appropriated, to 
     remain available until expended, for repayments under this 
     heading and for operations of, or acquisition, 
     transportation, and injection of petroleum products into, the 
     Strategic Petroleum Reserve: Provided further, That if the 
     Secretary of Energy finds that the proceeds from the sale of 
     the Naval Petroleum Reserve Numbered 1 will not be at least 
     $2,207,500,000 in fiscal year 1998, the Secretary, 
     notwithstanding section 161 of the Energy Policy and 
     Conservation Act of 1975, shall draw down and sell oil from 
     the Strategic Petroleum Reserve in fiscal year 1998, and 
     deposit the proceeds into the ``SPR Operating Fund'', in 
     amounts sufficient to make deposits into the fund total 
     $207,500,000 in that fiscal year: Provided further, That the 
     amount of $2,000,000,000 in the first proviso and the amount 
     of $2,207,500,000 in the second proviso shall be adjusted by 
     the Director of the Office of Management and Budget to 
     amounts not to exceed $2,415,000,000 and $2,622,500,000, 
     respectively, only to the extent that an adjustment is 
     necessary to avoid a sequestration, or any increase in a 
     sequestration due to this section, under the procedures 
     prescribed in the Budget Enforcement Act of 1990, as amended. 
     Provided further, That the Secretary of Energy, 
     notwithstanding section 161 of the Energy Policy and 
     Conservation Act of 1975, shall draw down and sell oil from 
     the Strategic Petroleum Reserve in fiscal year 1998 
     sufficient to deposit $15,000,000 into the General Fund of 
     the Treasury of the United States, and shall transfer such 
     amount to the General Fund: Provided further, That proceeds 
     deposited into the ``SPR Operating Fund'' under this heading 
     shall, upon receipt, be transferred to the Strategic 
     Petroleum Reserve account for operations and activities of 
     the Strategic Petroleum Reserve and to satisfy the 
     requirements specified under this heading.''
                                 ______
                                 

                 MURRAY (AND OTHERS) AMENDMENT NO. 1230

  Mr. GORTON (for Mrs. Murray, for herself, Mr. Gorton, and Mr. 
Murkowski) proposed an amendment to the bill, H.R. 2107, supra; as 
follows:

       At the end of Title III, add the following:
       Sec.   . Within 90 days of enactment of this legislation, 
     the Forest Service shall complete its export policy and 
     procedures on the use of Alaskan Western Red Cedar. In 
     completing this policy, the Forest Service shall evaluate the 
     costs & benefits of a pricing policy that offers any Alaskan 
     Western Red Cedar in excess of domestic processing needs in 
     Alaska first to United States domestic processors.
                                 ______
                                 

                 McCAIN (AND OTHERS) AMENDMENT NO. 1231

  Mr. McCain (for himself, Mr. Stevens, and Mr. Murkowski) proposed an 
amendment to the bill, H.R. 2107, supra; as follows:

       On page 63, between lines 8 and 9, insert the following:

     SEC.   . DISPOSITION OF CERTAIN OIL LEASE REVENUE.

       (a) Deposit in Fund.--One half of the amounts awarded by 
     the Supreme Court to the United States in the case of United 
     States of America v. State of Alaska (117 S. Ct. 1888) shall 
     be deposited in a fund in the Treasury of the United States 
     to be known as the ``National Parks and Environmental 
     Improvement Fund'' (referred to in this section as the 
     ``Fund'').
       (b) Investments.--
       (1) In general.--The Secretary of the Treasury shall invest 
     amounts in the Fund in interest bearing obligations of the 
     United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest earned from investments 
     of the Fund shall be covered into and form a part of the 
     Fund.
       (c) Transfer and Availability of Amounts Earned.--Each 
     year, interest earned and covered into the Fund in the 
     previous fiscal year shall be available for appropriation, to 
     the extent provided in subsequent appropriations bills, as 
     follows:

[[Page S9663]]

       (1) 40 percent of such amounts shall be available for 
     National Park capital projects in the National Park System 
     that comply with the criteria stated in subsection (d); and
       (2) 40 percent of such amounts shall be available for the 
     state-side matching grant under section 6 of the Land and 
     Water Conservation Fund Act of 1965 (16 U.S.C. 4601-8); and
       (3) 20 percent of such amounts shall be made available to 
     the Secretary of Commerce for the purpose of carrying out 
     marine research activities in accordance with subsection (e).
       (d) Capital Projects.--
       (1) In general.--Funds available under subsection (c)(2) 
     may be used for the design, construction, repair or 
     replacement of high priority National Park Service facilities 
     directly related to enhancing the experience of park 
     visitors, including natural, cultural, recreational and 
     historic resources protection projects.
       (2) Limitation.--A project referred to in paragraph (1) 
     shall be consistent with--
       (A) the laws governing the National Park System;
       (B) any law governing the unit of the National Park System 
     in which the project is undertaken; and
       (C) the general management plan for the unit.
       (3) Notification of congress.--The Secretary shall submit 
     with the annual budget submission to Congress a list of high 
     priority projects proposed to be funded under paragraph (1) 
     during the fiscal year covered by such budget submission.
       (e) Marine Research Activities.--(1) Funds available under 
     subsection (c)(3) shall be used by the Secretary of Commerce 
     according to this subsection to provide grants to federal, 
     state, private or foreign organizations or individuals to 
     conduct research activities on or relating to the fisheries 
     or marine ecosystems in the north Pacific Ocean, Bering Sea, 
     and Arctic Ocean (including any lesser related bodies of 
     water).
       (2) Research priorities and grant requests shall be 
     reviewed and recommended for Secretarial approval by a board 
     to be known as the North Pacific Research Board (referred to 
     in this subsection as the ``Board''). The Board shall seek to 
     avoid duplicating other research activities, and shall place 
     a priority on cooperative research efforts designed to 
     address pressing fishery management or marine ecosystem 
     information needs.
       (3) The Board shall be comprised of the following 
     representatives or their designees:
       (A) the Secretary of Commerce, who shall be a co-chair of 
     the Board;
       (B) the Secretary of State;
       (C) the Secretary of the Interior;
       (D) the Commandant of the Coast Guard;
       (E) the Director of the Office of Naval Research;
       (F) the Alaska Commissioner of Fish and Game, who shall 
     also be a co-chair of the Board;
       (G) the Chairman of the North Pacific Fishery Management 
     Council;
       (H) the Chairman of the Arctic Research Commission;
       (I) the Director of the Oil Spill Recovery Institute;
       (J) the Director of the Alaska SeaLife Center;
       (K) five members nominated by the Governor of Alaska and 
     appointed by the Secretary of Commerce, one of whom shall 
     represent fishing interests, one of whom shall represent 
     Alaska Natives, one of whom shall represent environmental 
     interests, one of whom shall represent academia, and one of 
     whom shall represent oil and gas interests; and
       (L) three members nominated by the Governor of Washington 
     and appointed by the Secretary of Commerce; and
       (M) one member nominated by the Governor of Oregon and 
     appointed by the Secretary of Commerce.

     The members of the Board shall be individuals knowledgeable 
     by education, training, or experience regarding fisheries or 
     marine ecosystems in the north Pacific Ocean, Bering Sea, or 
     Arctic Ocean. Three nominations shall be submitted for each 
     member to be appointed under subparagraphs (K), (L), and (M). 
     Board members appointed under subparagraphs (K), (L), and (M) 
     shall serve for three year terms, and may be reappointed.
       (4)(A) The Secretary of Commerce shall review and 
     administer grants recommended by the Board. If the Secretary 
     does not approve a grant recommended by the Board, the 
     Secretary shall explain in writing the reasons for not 
     approving such grant, and the amount recommended to be used 
     for such grant shall be available only for other grants 
     recommended by the Board.
       (B) Grant recommendations and other decisions of the Board 
     shall be by majority vote, with each member having one vote. 
     The Board shall establish written criteria for the submission 
     of grant requests through a competitive process and for 
     deciding upon the award of grants. Grants shall be 
     recommended by the Board on the basis of merit in accordance 
     with the priorities established by the Board. The Secretary 
     shall provide the Board such administrative and technical 
     support as is necessary for the effective functioning of the 
     Board. The Board shall be considered an advisory panel 
     established under section 302(g) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.) for the purposes of section 302(i)(1) of such Act, and 
     the other procedural matters applicable to advisory panels 
     under section 302(i) of such Act shall apply to the Board to 
     the extent practicable. Members of the Board may be 
     reimbursed for actual expenses incurred in performance of 
     their duties for the Board. Not more than 5 percent of the 
     funds provided to the Secretary of Commerce under paragraph 
     (1) may be used to provide support for the Board and 
     administer grants under this subsection.
                                 ______
                                 

               MURKOWSKI (AND THOMAS) AMENDMENT NO. 1232

  Mr. MURKOWSKI (for himself and Mr. Thomas) proposed an amendment to 
amendment No. 1231 proposed by Mr. McCain to the bill, H.R. 2107, 
supra; as follows:

       In the amendment proposed by the Senator from Arizona 
     strike all after ``(a) Deposit in Fund.--'' and insert in 
     lieu thereof:
       ``All of the amounts awarded by the Supreme Court to the 
     United States in the case of United States of America v. 
     State of Alaska (117 S. Ct. 1888) shall be deposited in a 
     fund in the Treasury of the United States to be known as the 
     ``Parks and Environmental Improvement Fund'' (referred to in 
     this section as the ``Fund'').
       (b) Investments.--
       (1) In general.--The Secretary of the Treasury shall invest 
     amounts in the Fund in interest bearing obligations of the 
     United States.
       (2) Acquisition of obligations.--For the purpose of 
     investments under paragraph (1), obligations may be 
     acquired--
       (A) on original issue at the issue price; or
       (B) by purchase of outstanding obligations at the market 
     price.
       (3) Sale of obligations.--Any obligation acquired by the 
     Fund may be sold by the Secretary of the Treasury at the 
     market price.
       (4) Credits to fund.--The interest earned from investments 
     of the Fund shall be covered into, and form a part of, the 
     Fund.
       (c) Transfer and Availability of Amounts Earned.--Each 
     year, interest earned and covered into the Fund in the 
     previous fiscal year shall be available for appropriation, to 
     the extent provided in subsequent appropriations bills, as 
     follows:
       (1) 40 percent of such amounts shall be available for 
     National Park capital projects in the National Park System 
     that comply with the criteria stated in subsection (d);
       (2) 40 percent shall be available for the state-side 
     matching grant program under section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8); and
       (3) 20 percent shall be made available to the Secretary of 
     Commerce for the purpose of carrying out marine research 
     activities in accordance with subsection (e).
       (d) Capital Projects.--
       (1) In general.--Funds available under subsection (c)(1) 
     may be used for the design, construction, repair or 
     replacement of high priority National Park Service facilities 
     directly related to enhancing the experience of park 
     visitors, including natural, cultural, recreation and 
     historic resources protection projects.
       (2) Limitation.--A project referred to in paragraph (1) 
     shall be consistent with--
       (A) the laws governing the National Park System;
       (B) any law governing the unit of the National Park System 
     in which the project is undertaken; and
       (C) the general management plan for the unit.
       (3) Notification of congress.--The Secretary shall submit 
     with the annual budget submission to Congress a list of high 
     priority projects to be funded under paragraph (1) during the 
     fiscal year covered by such budget submission.
       (e) Marine Research Activities.--
       (1) Funds available under subsection (c)(3) shall be used 
     by the Secretary of Commerce according to this subsection to 
     provide grants to federal, state, private or foreign 
     organizations or individuals to conduct research activities 
     on or relating to the fisheries or marine ecosystems in the 
     north Pacific Ocean, Bering Sea, and Arctic Ocean (including 
     any lesser related bodies of water).
       (2) Research priorities and grant requests shall be 
     reviewed and recommended for Secretarial approval by a board 
     to be known as the North Pacific Research Board (the Board). 
     The Board shall seek to avoid duplicating other research 
     activities, and shall place a priority on cooperative 
     research efforts designed to address pressing fishery 
     management or marine ecosystem information needs.
       (3) The Board shall be comprised of the following 
     representatives or their designees:
       (A) the Secretary of Commerce, who shall be a co-chair of 
     the Board;
       (B) the Secretary of State;
       (C) the Secretary of the Interior;
       (D) the Commandant of the Coast Guard;
       (E) the Director of the Office of Naval Research;
       (F) the Alaska Commissioner of Fish and Game, who shall 
     also be a co-chair of the Board;
       (G) the Chairman of the North Pacific Fishery Management 
     Council;
       (H) the Chairman of the Arctic Research Commission;
       (I) the Director of the Oil Spill Recovery Institute;
       (J) the Director of Alaska SeaLife Center; and

[[Page S9664]]

       (K) five members appointed by the Governor of Alaska and 
     appointed by the Secretary of Commerce, one of whom shall 
     represent fishing interests, one of whom shall represent 
     Alaska Natives, one of whom shall represent environmental 
     interests, one of whom shall represent academia, and one of 
     whom shall represent oil and gas interests.

     The members of the Board shall be individuals knowledgeable 
     by education, training, or experience regarding fisheries or 
     marine ecosystems in the north Pacific Ocean, Bering Sea, or 
     Arctic Ocean. The Governor of Alaska shall submit three 
     nominations for member appointed under subparagraph (K). 
     Board members appointed under subparagraph (K) shall serve 
     for a three year term and may be reappointed.
       (4)(A) The Secretary of Commerce shall review and 
     administer grants recommended by the Board. If the Secretary 
     does not approve a grant recommended by the Board, the 
     Secretary shall explain in writing the reasons for not 
     approving such grant, and the amount recommended to be used 
     for such grant shall be available only for grants recommended 
     by the Board.
       (B) Grant recommendations and other decisions of the Board 
     shall be by majority vote, with each member having one vote. 
     The Board shall establish written criteria for the submission 
     of grant requests through a competitive process and for 
     deciding upon the award of grants. Grants shall be 
     recommended by the Board on the basis of merit in accordance 
     with priorities established by the Board. The Secretary shall 
     provide the Board with such administrative and technical 
     support as is necessary for the effective functioning of the 
     Board. The Board shall be considered an advisory panel 
     established under section 302(g) of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.) for the purposes of section 302(i)(1) of such Act, and 
     the other procedural matters applicable to advisory panels 
     under section 302(i) of such Act shall apply to the Board to 
     the extent practicable. Members of the Board may be 
     reimbursed for actual expenses incurred in performance of 
     their duties for the Board. Not more than 5 percent of the 
     funds provided to the Secretary of Commerce under paragraph 
     (1) may be used to provide support for the Board and 
     administer grants under this subsection.
       (f) Financial Assistance to the States.--Section 6(b) of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-8(b)) is amended--
       (1) Apportionment among states; notification.--
       (A) By striking paragraphs (1), (2), and (3) and inserting 
     the following:
       ``(1) Sixty percent shall be apportioned equally among the 
     several States;
       ``(2) Twenty percent shall be apportioned on the basis of 
     the proportion which the population of each State bears to 
     the total population of the United States; and
       ``(3) Twenty percent shall be apportioned on the basis of 
     the urban population in each State (as defined by 
     Metropolitan Statistical Areas).''
       (2) by redesignating paragraphs (4) and (5) as paragraphs 
     (5) and (6), respectively, and inserting after paragraph (3) 
     the following:
       ``(4) The total allocation to an individual State under 
     paragraphs (1) through (3) shall not exceed 10 percent of the 
     total amount allocated to the several States in any one year.
       (g) Funds for Indian Tribes.--Section 6(b)(6) of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-
     8(b)(6)) (as so redesignated) is amended--
       (1) by inserting ``(A)'' after ``(6)''; and
       (2) by adding at the end the following new subparagraph:
       ``(B) For the purposes of paragraph (1), all federally 
     recognized Indian tribes and Alaska Native Corporations (as 
     defined in section 3 of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1602) shall be treated collectively as one 
     State, and shall receive shares of the apportionment under 
     paragraph (1) in accordance with a competitive grant program 
     established by the Secretary by rule. Such rule shall ensure 
     that in each fiscal year no single tribe or Alaska Native 
     Corporation receives more than 10 percent of the total amount 
     made available to all Indian tribes and Alaska Native 
     Corporations pursuant to the apportionment under paragraph 
     (1). Funds received by an Indian tribe or Alaska Native 
     Corporation under this subparagraph may be expended only for 
     the purposes specified in subsection (a). Receipt in any 
     given year of an apportionment under this section shall not 
     prevent an Indian tribe or Alaska Native Corporation from 
     receiving grants for other purposes under than regular 
     apportionment of the State in which it is located.''

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