[Congressional Record Volume 143, Number 125 (Thursday, September 18, 1997)]
[Senate]
[Pages S9686-S9689]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




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

                                 ______
                                 

             SMITH OF OREGON (AND WYDEN) AMENDMENT NO. 1234

  Mr. GORTON (for Mr. Smith of Oregon, for himself and Mr. Wyden) 
proposed an amendment to the bill, H.R. 2107, supra; as follows:

       On page 127, at the end of Title III add the following 
     general provision:
       Sec. 3  .Of the fund appropriated and designated an 
     emergency requirement in Title II, Chapter 5 of Public Law 
     104-134, under the heading ``Forest Service, Construction,'' 
     $4,000,000 shall be available for the reconstruction of the 
     Oakridge Ranger Station, on the Willamette National Forest in 
     Oregon: Provided, That the amount shall be available only to 
     the extent an official request, that includes designation of 
     the amount as an emergency requirement as defined by the

[[Page S9687]]

     Balanced Budget and Emergency Control Act of 1985, as 
     amended, is transmitted by the President to Congress; 
     Provider further, That reconstruction of the facility is 
     designated by the Congress as an emergency requirement 
     pursuant to section 251(b)(2)(D)(i) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985, as amended.
                                 ______
                                 

                       McCAIN AMENDMENT NO. 1235

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

       On page 134, beginning on line 2, strike ``Provided'' and 
     all that follows through ``heading'' on line 8 and insert the 
     following: ``Provided, That the Secretary of the Interior and 
     the Secretary of Agriculture, after consultation with the 
     heads of the National Park Service, the United States Fish 
     and Wildlife Service, the Bureau of Land Management, and the 
     Forest Service, shall jointly submit to Congress a report 
     listing the lands and interests in land, in order of 
     priority, that the Secretaries propose for acquisition or 
     exchange using funds provided under this heading; Provided 
     further, That in determining the order of priority, the 
     Secretaries shall consider with respect to each property the 
     following: the natural resources located on the property; the 
     degree to which a natural resource on the property is 
     threatened; the length of time required to consummate the 
     acquisition or exchange; the extent to which an increase in 
     the cost of the property makes timely completion of the 
     acquisition or exchange advisable; the extent of public 
     support for the acquisition or exchange (including support of 
     local governments and members of the public); the total 
     estimated costs associated with the acquisition or exchange, 
     including the costs of managing the lands to be acquired; the 
     extent of current Federal ownership of property in the 
     region; and such other factors as the Secretaries consider 
     appropriate, which factors shall be described in the report 
     in detail; Provided further, That the report shall describe 
     the relative weight accorded to each such factor in 
     determining the priority of acquisitions and exchanges''.
       On page 134, line 12, strike ``a project list to be 
     submitted by the Secretary'' and insert ``the report of the 
     Secretaries''.
                                 ______
                                 

                  MACK (AND GRAHAM) AMENDMENT NO. 1236

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

       On page 152, between lines 13 and 14, insert the following:
                    TITLE VII--MICCOSUKEE SETTLEMENT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Miccosukee Settlement Act 
     of 1997''.

     SEC. 702. CONGRESSIONAL FINDINGS.

       Congress finds that:
       (1) There is pending before the United States District 
     Court for the Southern District of Florida a lawsuit by the 
     Miccosukee Tribe that involves the taking of certain tribal 
     lands in connection with the construction of highway 
     Interstate 75 by the Florida Department of Transportation.
       (2) The pendency of the lawsuit referred to in paragraph 
     (1) clouds title of certain lands used in the maintenance and 
     operation of the highway and hinders proper planning for 
     future maintenance and operations.
       (3) The Florida Department of Transportation, with the 
     concurrence of the Board of Trustees of the Internal 
     Improvements Trust Fund of the State of Florida, and the 
     Miccosukee Tribe have executed an agreement for the purpose 
     of resolving the dispute and settling the lawsuit.
       (4) The agreement referred to in paragraph (3) requires the 
     consent of Congress in connection with contemplated land 
     transfers.
       (5) The Settlement Agreement is in the interest of the 
     Miccosukee Tribe, as the Tribe will receive certain monetary 
     payments, new reservation lands to be held in trust by the 
     United States, and other benefits.
       (6) Land received by the United States pursuant to the 
     Settlement Agreement is in consideration of Miccosukee Indian 
     Reservation lands lost by the Miccosukee Tribe by virtue of 
     transfer to the Florida Department of Transportation under 
     the Settlement Agreement.
       (7) The United States lands referred to in paragraph (6) 
     will be held in trust by the United States for the use and 
     benefit of the Miccosukee Tribe as Miccosukee Indian 
     Reservation lands in compensation for the consideration given 
     by the Tribe in the Settlement Agreement.
       (8) Congress shares with the parties to the Settlement 
     Agreement a desire to resolve the dispute and settle the 
     lawsuit.

     SEC. 703. DEFINITIONS.

       In this title:
       (1) Board of trustees of the internal improvements trust 
     fund.--The term ``Board of Trustees of the Internal 
     Improvements Trust Fund'' means the agency of the State of 
     Florida holding legal title to and responsible for trust 
     administration of certain lands of the State of Florida, 
     consisting of the Governor, Attorney General, Commissioner of 
     Agriculture, Commissioner of Education, Controller, Secretary 
     of State, and Treasurer of the State of Florida, who are 
     Trustees of the Board.
       (2) Florida department of transportation.--The term 
     ``Florida Department of Transportation'' means the executive 
     branch department and agency of the State of Florida that--
       (A) is responsible for the construction and maintenance of 
     surface vehicle roads, existing pursuant to section 20.23, 
     Florida Statutes; and
       (B) has the authority to execute the Settlement Agreement 
     pursuant to section 334.044, Florida Statutes.
       (3) Lawsuit.--The term ``lawsuit'' means the action in the 
     United States District Court for the Southern District of 
     Florida, entitled Miccosukee Tribe of Indians of Florida v. 
     State of Florida and Florida Department of Transportation. 
     et. al., docket No. 91-285-Civ-Paine.
       (4) Miccosukee lands.--The term ``Miccosukee lands'' means 
     lands that are--
       (A) held in trust by the United States for the use and 
     benefit of the Miccosukee Tribe as Miccosukee Indian 
     Reservation lands; and
       (B) identified pursuant to the Settlement Agreement for 
     transfer to the Florida Department of Transportation.
       (5) Miccosukee tribe; tribe.--The terms ``Miccosukee 
     Tribe'' and ``Tribe'' mean the Miccosukee Tribe of Indians of 
     Florida, a tribe of American Indians recognized by the United 
     States and organized under section 16 of the Act of June 18, 
     1934 (48 Stat. 987, chapter 576; 25 U.S.C. 476) and 
     recognized by the State of Florida pursuant to chapter 285, 
     Florida Statutes.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (7) Settlement agreement; agreement.--The terms 
     ``Settlement Agreement'' and ``Agreement'' mean the 
     assemblage of documents entitled ``Settlement Agreement'' 
     (with incorporated exhibits) that--
       (A) addresses the lawsuit; and
       (B)(i) was signed on August 28, 1996, by Ben G. Watts 
     (Secretary of the Florida Department of Transportation) and 
     Billy Cypress (Chairman of the Miccosukee Tribe); and
       (ii) after being signed, as described in clause (i), was 
     concurred in by the Board of Trustees of the Internal 
     Improvements Trust Fund of the State of Florida.
       (8) State of florida.--The term ``State of Florida'' 
     means--
       (A) all agencies or departments of the State of Florida, 
     including the Florida Department of Transportation and the 
     Board of Trustees of the Internal Improvements Trust Fund; 
     and
       (B) the State of Florida as a governmental entity.

     SEC. 704. AUTHORITY OF SECRETARY.

       As Trustee for the Miccosukee Tribe, the Secretary shall--
       (1)(A) aid and assist in the fulfillment of the Settlement 
     Agreement at all times and in a reasonable manner; and
       (B) to accomplish the fulfillment of the Settlement 
     Agreement in accordance with subparagraph (A), cooperate with 
     and assist the Miccosukee Tribe;
       (2) upon finding that the Settlement Agreement is legally 
     sufficient and that the State of Florida has the necessary 
     authority to fulfill the Agreement--
       (A) sign the Settlement Agreement on behalf of the United 
     States; and
       (B) ensure that an individual other that the Secretary who 
     is a representative of the Bureau of Indian Affairs also 
     signs the Settlement Agreement;
       (3) upon finding that all necessary conditions precedent to 
     the transfer of Miccosukee land to the Florida Department of 
     Transportation as provided in the Settlement Agreement have 
     been or will be met so that the Agreement has been or will be 
     fulfilled, but for the execution of that land transfer and 
     related land transfers--
       (A) transfer ownership of the Miccosukee land to the 
     Florida Department of Transportation in accordance with the 
     Settlement Agreement, including in the transfer solely and 
     exclusively that Miccosukee land identified in the Settlement 
     Agreement for transfer to the Florida Department of 
     Transportation; and
       (B) in conjunction with the land transfer referred to in 
     subparagraph (A), transfer no land other than the land 
     referred to in that subparagraph to the Florida Department of 
     Transportation; and
       (4) upon finding that all necessary conditions precedent to 
     the transfer of Florida lands from the State of Florida to 
     the United States have been or will be met so that the 
     Agreement has been or will be fulfilled but for the execution 
     of that land transfer and related land transfers, receive and 
     accept in trust for the use and benefit of the Miccosukee 
     Tribe ownership of all land identified in the Settlement 
     Agreement for transfer to the United States.

     SEC. 705. MICCOSUKKE INDIAN RESERVATION LANDS.

       The lands transferred and held in trust for the Miccosukee 
     Tribe under section 704(4) shall be Miccosukee Indian 
     Reservation lands.
                                 ______
                                 

               BINGAMAN (AND DOMENICI) AMENDMENT NO. 1237

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

       On page 86, line 11, insert before the period, ``: Provided 
     further, That an amount not to exceed $200,000 shall be 
     available to fund the Office of Navajo Uranium Workers for 
     health

[[Page S9688]]

     screening and epidemiologic follow up of uranium miners and 
     mill workers, to be derived from funds otherwise available 
     for administrative and travel expenses''.
                                 ______
                                 

                    MOSELEY-BRAUN AMENDMENT NO. 1238

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

       On page 17, between lines 22 and 23, insert the following:


                            (reprogramming)

       Of unobligated amounts previously made available for the 
     Jefferson National Expansion Memorial, $838,000 shall be made 
     available for the U-505 National Historic Landmark.
                                 ______
                                 

                 DOMENICI (AND KYL) AMENDMENT NO. 1239

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

       At the appropriate place in the bill, insert the following 
     new section:

     SEC.   . IMPLEMENTATION OF NEW GUIDELINES ON NATIONAL FORESTS 
                   IN ARIZONA AND NEW MEXICO.

       (a) Notwithstanding any other provision of law, none of the 
     funds made available under this or any other Act may be used 
     for the purposes of executing any adjustments to annual 
     operating plans, allotment management plans, or terms and 
     conditions of existing grazing permits on National Forests in 
     Arizona and New Mexico, which are or may be deemed necessary 
     to achieve compliance with 1996 amendments to the applicable 
     forest plans, until March 1, 1998, or such time as the Forest 
     Service publishes a schedule for implementing proposed 
     changes, whichever occurs first.
       (b) Nothing in this section shall be interpreted to 
     preclude the expenditure of funds for the development of 
     annual operating plans, allotment management plans, or in 
     developing modifications to grazing permits in cooperation 
     with the permittee.
       (c) Nothing in this section shall be interpreted to change 
     authority or preclude the expenditure of funds pursuant to 
     section 504 of the 1995 Rescissions Act (Public Law 104-19).
                                 ______
                                 

                       STEVENS AMENDMENT NO. 1240

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

       Insert at the appropriate place:

     SEC.   . PAYMENTS FOR ENTITLEMENT LAND.

       Section 6901(2)(A)(i) of title 31, United States Code, is 
     amended by inserting ``(other than in Alaska)'' after 
     ``city'' the first place such term appears.
                                 ______
                                 

                  GORTON (AND BYRD) AMENDMENT NO. 1241

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

       On page 11, line 11, strike ``$43,053,000'' and insert 
     ``$42,053,000''.
       On page 15, line 25, strike ``$1,249,409,000'' and insert 
     ``$1,250,429,000''.
       On page 17, line 8, strike ``$167,894,000'' and insert 
     ``$173,444,000''.
       On page 17, line 18, strike ``$1,000,000'' and insert 
     ``$5,000,000''.
       On page 18, line 7, strike ``$125,690,000'' and insert 
     ``$126,690,000''.
       On page 28, line 22, strike ``$1,527,024,000'' and insert 
     ``$1,529,024,000''.
       On page 64, line 16, strike ``$1,346,215,000'' and insert 
     ``$1,341,045,000''.
       On page 65, line 18, strike ``$160,269,000'' and insert 
     ``$154,869,000''.
       On page 79, line 20, strike ``$627,357,000'' and insert 
     ``$629,357,000''.
                                 ______
                                 

                        REID AMENDMENT NO. 1242

  Mr. REID proposed an amendment to the bill, H.R. 2107, supra; as 
follows:

       At the appropriate place, insert the following:

     SEC.   . CONVEYANCE OF LAND TO LANDER COUNTY, NEVADA.

       (a) Conveyance.--Not later than the date that is 120 days 
     after the date of enactment of this Act, the Secretary of the 
     Interior, acting through the Director of the Bureau of Land 
     Management, shall convey to Lander County, Nevada, without 
     consideration, all right, title, and interest of the United 
     States, subject to all valid existing rights and to the 
     rights of way described in subsection (b), in the property 
     described as T. 32 N., R. 45 E., sec. 18, lots 3, 4, 11, 12, 
     16, 17, 18, 19, 20 and 21, Mount Diablo Meridian.
       (b) Rights-of-way.--The property conveyed under subsection 
     (a) shall be subject to--
       (1) the right-of-way for Interstate 80;
       (2) the 33-foot wide right-of-way for access to the Indian 
     cemetery included under Public Law 90-71 (81 Stat. 173); and
       (3) the following rights-of-way granted by the Secretary of 
     the Interior:
       NEV-010937 (powerline).
       NEV-066891 (powerline).
       NEV-35345 (powerline).
       N-7636 (powerline).
       N-56088 (powerline).
       N-57541 (fiber optic cable).
       N-55974 (powerline).
       (c) The property described in this section shall be used 
     for public purposes and should the property be sold or used 
     for other than public purposes, the property shall revert to 
     the United States.
                                 ______
                                 

                ABRAHAM (AND OTHERS) AMENDMENT NO. 1243

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

       On page 5, line 8, strike ``$120,000,000'' and insert 
     ``$124,000,000''.
       On page 64, line 16, strike ``$1,346,215,000'' and insert 
     ``$1,342,215,000''.
                                 ______
                                 

                  BRYAN (AND REID) AMENDMENT NO. 1244

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

       At the appropriate place add the following new section:
       ``Sec.   . Conveyance of Certain Bureau of Land Management 
     Lands in Clark County, Nevada--
       (a) Findings.--Congress finds that--
       (1) certain landowners who own property adjacent to land 
     managed by the Bureau of Land Management in the North Decatur 
     Boulevard area of Las Vegas, Nevada, bordering on North Las 
     Vegas, have been adversely affected by certain erroneous 
     private land surveys that the landowners believed were 
     accurate;
       (2) the landowners have occupied or improved their property 
     in good faith reliance on the erroneous surveys of the 
     properties;
       (3) the landowners believed that their entitlement to 
     occupancy was finally adjudicated by a Judgment and Decree 
     entered by the Eighth Judicial District Court of Nevada on 
     October 26, 1989;
       (4) errors in the private surveys were discovered in 
     connection with a dependent resurvey and section subdivision 
     conducted by the Bureau of Land Management in 1990, which 
     established accurate boundaries between certain Federally 
     owned properties and private properties; and
       (5) the Secretary has authority to sell, and it is 
     appropriate that the Secretary should sell, at fair market 
     value, the properties described in section 2(b) to the 
     adversely affected landowners.
       (b) Conveyance of Properties.
       (1) Purchase offers--
       (A) In general.--Not later than 1 year after the date of 
     enactment of this Act, the city of Las Vegas, Nevada, on 
     behalf of the owners of real property located adjacent to the 
     properties described in paragraph (2), may submit to the 
     Secretary of the Interior, acting through the Director of the 
     Bureau of Land Management (referred to in this Act as the 
     `Secretary'), a written offer to purchase the properties.
       (B) Information to accompany offer--An offer under 
     subparagraph (A) shall be accompanied by--
       (i) a description of each property offered to be purchased;
       (ii) information relating to the claim of ownership of the 
     property based on an erroneous land survey; and
       (iii) such other information as the Secretary may require.
       (2) Description of Properties--The properties described in 
     this paragraph, containing 68.60 acres, more or less, are--
       (A) Government lots 22, 23, 26, and 27 in sec. 18, T. 19 
     S., R 61 E., Mount Diablo Meridian;
       (B) Government lots 20, 21, and 24 in sec. 19, T. 19 S., R. 
     61 E., Mount Diablo Meridian; and
       (C) Government lot 1 in sec. 24, T. 19 S., R. 60 E., Mount 
     Diablo Meridian.
       (3) Conveyance--
       (A) In general--Subject to the condition stated in 
     subparagraph (B), the Secretary shall convey to the city of 
     Las Vegas, Nevada, all right, title, and interest of the 
     United States in and to the properties offered to be 
     purchased under paragraph (1) on payment by the city of the 
     fair market value of the properties, based on an appraisal of 
     the fair market value as of December 1, 1982, approved by the 
     Secretary.
       (B) Condition--Properties shall be conveyed under 
     subparagraph (A) subject to the condition that the city 
     convey the properties to the landowners who were adversely 
     affected by reliance on erroneous surveys as described in 
     subsection (a).
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 1245

  Mr. MURKOWSKI proposed an amendment to the bill, H.R. 2107, supra; as 
follows:

       At the appropriate place insert the following:
       ``Sec.   . Notwithstanding any other provision of law, in 
     payment for facilities, equipment, and interests destroyed by 
     the Federal Government at the Stampede Mine Site within the 
     boundaries of Denali National Park, (1) the Secretary of the 
     Interior, within existing funds designated by this Act for 
     expenditure for Departmental Management, shall by September 
     15, 1998: (A) provide funds, subject to an appraisal in 
     accordance with standard appraisal methods, not to exceed 
     $500,000 to the University of Alaska Fairbanks, School of 
     Mineral Engineering;

[[Page S9689]]

     and, (B) shall remove mining equipment at the Stampede Mine 
     Site identified by the School of Mineral Engineering to a 
     site specified by the School of Mineral Engineering; and (2) 
     the Secretary of the Army shall provide, at no cost, two six 
     by six vehicles, in excellent operating conditions, or 
     equivalent equipment to the University of Alaska Fairbanks, 
     School of Mineral Engineering and shall construct a bridge 
     across the Bull River to the Golden Zone Mine Site to allow 
     ingress and egress for the activities conducted by the School 
     of Mineral Engineering. Upon transfer of the funds, mining 
     equipment, and the completion of all work designated by this 
     section, the University of Alaska Fairbanks, School of 
     Mineral Engineering shall convey all remaining rights and 
     interests in the Stampede Mine Site to the Secretary of the 
     Interior.''
                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 1246

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

       At the appropriate place add the following new section:
       ``Sec.   . Delete section 103(c)(7) of Public Law 104-333 
     and replace the following:
       ``(7) Staff.--Notwithstanding any other provisions of law, 
     the Trust is authorized to appoint and fix the compensation 
     and duties and terminate the services of an executive 
     director of such other officers and employees as it deems 
     necessary without regard to the provisions of title 5, United 
     States Code or other laws related to the appointment, 
     compensation or termination of federal employees.''.

                          ____________________