[Congressional Record Volume 144, Number 121 (Monday, September 14, 1998)]
[Senate]
[Pages S10322-S10326]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                                  1999

                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 3580

  Mr. HARKIN (for Mr. Daschle for himself, Mr. Harkin, Mr. Dorgan, Mr. 
Johnson, Mr. Kerrey, Mr. Conrad, Mr. Baucus, Mr. Wellstone, and Mr. 
Bingaman) proposed an amendment to the bill (S. 2237) making 
appropriations for the Department of the Interior and related agencies 
for the fiscal year ending September 30, 1999, and for other purposes; 
as follows:

       At the end of the bill, insert the following:
              TITLE VII--EMERGENCY AGRICULTURAL ASSISTANCE

     SEC. 701. MARKETING ASSISTANCE LOANS.

       (a) Marketing Assistance Loans.--
       (1) Loan rates.--Notwithstanding section 132 of the 
     Agricultural Market Transition Act (7 U.S.C. 7232), for crop 
     year 1998, loan rates for a loan commodity (as defined in 
     section 102 of that Act (7 U.S.C. 7202)), other than rice, 
     shall not be subject to any dollar limitation on loan rates 
     prescribed under subsection (a)(1)(B), (b)(1)(B), (c)(2), 
     (d)(2), (f)(1)(B), or (f)(2)(B) of section 132 of that Act.
       (2) Rice.--Notwithstanding section 132(e) of that Act, for 
     crop year 1998, the loan rate for a marketing assistance loan 
     under section 131 of that Act (7 U.S.C. 7231) for rice shall 
     be not less than the greater of--
       (A) $6.50 per hundredweight; or
       (B) 85 percent of the simple average price received by 
     producers of rice, as determined by the Secretary of 
     Agriculture, during the marketing years for the immediately 
     preceding 5 crops of rice, excluding the year in which the 
     average price was the highest and the year in which the 
     average price was the lowest in the period.
       (3) Term of loan.--Notwithstanding section 133(c) of that 
     Act (7 U.S.C. 7233(c)), for crop year 1998, the Secretary may 
     extend the term of a marketing assistance loan for any loan 
     commodity for a period not to exceed 6 months.
       (b) Application.--
       (1) In general.--The authority provided by this section 
     applies to the 1998 crop of a loan commodity.
       (2) Loans.--This section applies to a marketing assistance 
     loan for a loan commodity made under subtitle C of the 
     Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) 
     for the 1998 crop year before, on, or after the date of 
     enactment of this Act.

     SEC. 702. EMERGENCY STORAGE PAYMENTS.

       Subtitle C of the Agricultural Market Transition Act (7 
     U.S.C. 7231 et seq.) is amended by adding at the end the 
     following:

[[Page S10323]]

     ``SEC. 138. EMERGENCY STORAGE PAYMENTS.

       ``(a) In General.--
       ``(1) Authority.--The Secretary may provide storage 
     payments to producers on a farm to encourage the producers to 
     place all or part of eligible cropland devoted to the 1998 
     crop of wheat or feed grains under a marketing assistance 
     loan under section 131 if the Secretary determines that the 
     wheat or feed grains are in abundant supply and that 
     providing storage payments is an appropriate means of 
     facilitating the orderly marketing of the commodities and 
     alleviating burdens on commodity transportation and marketing 
     systems.
       ``(2) Participation.--The Secretary shall ensure that 
     producers are afforded a fair and equitable opportunity to 
     receive the storage payments, taking into account regional 
     differences in the time of harvest.
       ``(b) Storage Payments.--
       ``(1) In general.--Payments for the storage of wheat or 
     feed grains under this section shall be made in such amounts 
     and under such conditions as the Secretary determines are 
     appropriate to encourage producers to place wheat or feed 
     grains under marketing assistance loans.
       ``(2) Timing.--Storage payments under this section may be 
     made in advance.
       ``(3) Duration.--The Secretary shall cease making storage 
     payments under this section--
       ``(A) in the case of wheat, during any period in which the 
     price of wheat is equal to or exceeds $4.00 a bushel;
       ``(B) in the case of corn, during any period in which the 
     price of corn is equal to or exceeds $2.75 a bushel;
       ``(C) in the case of any other feed grain, during any 
     period in which the price of the other feed grain is equal to 
     or exceeds an amount that is equivalent to the rate for corn 
     specified in subparagraph (B), as determined by the 
     Secretary; and
       ``(D) in the case of wheat or any feed grain, during the 
     90-day period immediately following the last day on which the 
     price of wheat or the feed grain was equal to or in excess of 
     the levels established under subparagraph (A), (B), or (C).
       ``(4) Comparability of storage payments.--
       ``(A) In general.--Subject to subparagraph (B), in making 
     storage payments to producers under this section and to 
     commercial warehouses in accordance with the Commodity Credit 
     Corporation Charter Act (15 U.S.C. 714 et seq.), the 
     Commodity Credit Corporation and the Secretary shall, to the 
     maximum extent practicable, ensure that the rates of the 
     storage payments paid to producers are equivalent to the 
     average rates paid for commercial storage, taking into 
     account the demand for storage for commodities, efficiency, 
     location, regulatory compliance costs, bonding requirements, 
     and the impact of user fees, as determined by the Secretary.
       ``(B) No increase in outlays.--The rates paid to producers 
     and commercial warehouses shall be established at rates that 
     will result in no increase in current or projected combined 
     outlays of the Commodity Credit Corporation for the storage 
     payments made to producers and commercial warehouses as a 
     result of the adjustment of storage rates under this section.
       ``(c) Quantity of Commodities Eligible for Storage 
     Payments.--The Secretary may establish maximum quantities of 
     wheat and feed grains that may be eligible for storage 
     payments under this section that do not exceed--
       ``(1) in the case of wheat, 450,000,000 bushels; and
       ``(2) in the case of feed grains, 1,000,000,000 bushels.
       ``(d) Term of Loan.--Notwithstanding section 133(c), the 
     Secretary may extend the term of a marketing assistance loan 
     for each of the 1998 crops of wheat and feed grains for a 
     period such that the total loan period does not exceed 15 
     months.
       ``(e) Use of Commodity Credit Corporation.--The Secretary 
     shall use the Commodity Credit Corporation, to the maximum 
     extent practicable, to carry out this section.
       ``(f) Additional Authority.--The authority provided by this 
     section shall be in addition to other authorities available 
     to the Secretary for carrying out producer loan and storage 
     operation programs.''.

     SEC. 703. RESERVE INVENTORIES.

       (a) Appropriation.--For the reserve established under 
     section 813 of the Agricultural Act of 1970 (7 U.S.C. 1427a), 
     $1,500,000,000.
       (b) Improvements.--Section 813 of the Agricultural Act of 
     1970 (7 U.S.C. 1427a) is amended--
       (1) in the first sentence of subsection (a), by inserting 
     ``of agricultural producers'' after ``distress'';
       (2) in subsection (c), by inserting ``the Secretary or'' 
     after ``President or''; and
       (3) in subsection (h)--
       (A) by striking ``(h) There is hereby'' and inserting the 
     following:
       ``(h) Authorization of Appropriations.--
       ``(1) In general.--There are''; and
       (B) by adding at the end the following:
       ``(2) Use of funds for cash payments.--The Secretary may 
     use funds made available under this section to make, in a 
     manner consistent with this section, cash payments that don't 
     go for crop disasters, but for income loss to carry out the 
     purposes of this section.''.

     SEC. 704. LIVESTOCK INDUSTRY IMPROVEMENT.

       (a) Domestic Market Reporting.--
       (1) In general.--Section 203(g) of the Agricultural 
     Marketing Act of 1946 (7 U.S.C. 1622(g)) is amended--
       (A) by striking ``(g) To'' and inserting the following:
       ``(g) Collection and Dissemination of Marketing 
     Information.--
       ``(1) In general.--The Secretary is authorized and directed 
     to''; and
       (B) by adding at the end the following:
       ``(2) Domestic market reporting.--
       ``(A) Mandatory reporting pilot program.--
       ``(i) In general.--Subject to clause (v), the Secretary 
     shall conduct a 3-year pilot program under which the 
     Secretary shall require any person or class of persons 
     engaged in the business of buying, selling, or marketing 
     livestock, livestock products, meat, or meat products in an 
     unmanufactured form to report to the Secretary (or a person 
     designated by the Secretary) in such manner as the Secretary 
     shall require, such information relating to prices and the 
     terms of sale for the procurement of livestock, livestock 
     products, meat, or meat products in an unmanufactured form as 
     the Secretary determines is necessary to carry out this 
     subsection.
       ``(ii) Noncompliance.--It shall be unlawful for a person 
     engaged in the business of buying, selling, or marketing 
     livestock, livestock products, meat, or meat products in an 
     unmanufactured form to knowingly fail or refuse to provide to 
     the Secretary information required to be reported under 
     subparagraph (A).
       ``(iii) Cease and desist and civil penalty.--

       ``(I) In general.--If the Secretary has reason to believe 
     that a person engaged in the business of buying, selling, or 
     marketing livestock, livestock products, meat, or meat 
     products in an unmanufactured form is violating the 
     provisions of subparagraph (A) (or regulation promulgated 
     under subparagraph (A)), the Secretary after notice and 
     opportunity for hearing, may make an order to cease and 
     desist from continuing the violation and assess a civil 
     penalty of not more than $10,000 for each violation.
       ``(II) Considerations.--In determining the amount of a 
     civil penalty to be assessed under clause (i), the Secretary 
     shall consider the gravity of the offense, the size of the 
     business involved, and the effect of the penalty on the 
     ability of the person to continue in business.

       ``(iv) Referral to attorney general.--If, after expiration 
     of the period for appeal or after the affirmance of a civil 
     penalty assessed under clause (iii), the person against whom 
     the civil penalty is assessed fails to pay the civil penalty, 
     the Secretary may refer the matter to the Attorney General, 
     who may recover the amount of the civil penalty in a civil 
     action in United States district court.
       ``(v) Application.--This subparagraph shall apply only to a 
     person that is engaged in the business of buying, selling, or 
     marketing at least 10 percent of the livestock, livestock 
     products, meat, or meat products bought, sold, or marketed in 
     the United States.
       ``(B) Voluntary reporting.--The Secretary shall encourage 
     voluntary reporting by persons engaged in the business of 
     buying, selling, or marketing livestock, livestock products, 
     meats, or meat products in an unmanufactured form that are 
     not subjected to a mandatory reporting requirement under 
     subparagraph (A).
       ``(C) Availability of information.--The Secretary shall 
     make information received under this paragraph available to 
     the public only in a form that ensures that--
       ``(i) the identity of the person submitting a report is not 
     disclosed; and
       ``(ii) the confidentiality of proprietary business 
     information is otherwise protected.
       ``(D) Effect on other laws.--Nothing in this paragraph 
     restricts or modifies the authority of the Secretary to 
     collect voluntary reports in accordance with other provisions 
     of law.''.
       (2) Technical amendment.--Section 203 of the Agricultural 
     Marketing Act of 1946 (7 U.S.C. 1622) is amended--
       (A) by striking ``The Secretary is directed and 
     authorized:''; and
       (B) in the first sentence of each of subsections (a) 
     through (f) and subsections (h) through (n), by striking 
     ``To'' and inserting ``The Secretary is authorized and 
     directed to''.
       (b) Prohibition on Noncompetitive Practices.--Section 202 
     of the Packers and Stockyards Act, 1921 (7 U.S.C. 192), is 
     amended--
       (1) in subsection (g), by striking the period at the end 
     and inserting ``; or''; and
       (2) by adding at the end the following:
       ``(h) Engage in any practice or device that the Secretary 
     by regulation, after consultation with producers of cattle, 
     lamb, and hogs, and other persons in the cattle, lamb, and 
     hog industries, determines is a detrimental noncompetitive 
     practice or device relating to the price or a term of sale 
     for the procurement of livestock or the sale of meat or other 
     byproduct of slaughter.''.
       (c) Protection of Livestock Producers Against Retaliation 
     by Packers.--
       (1) Retaliation prohibited.--Section 202(b) of the Packers 
     and Stockyards Act, 1921 (7 U.S.C. 192(b)), is amended--
       (A) by striking ``or subject'' and inserting ``subject''; 
     and
       (B) by inserting before the semicolon at the end the 
     following: ``, or retaliate against any livestock producer on 
     account of any statement made by the producer (whether

[[Page S10324]]

     made to the Secretary or a law enforcement agency or in a 
     public forum) regarding an action of any packer''.
       (2) Special requirements regarding allegations of 
     retaliation.--Section 203 of the Packers and Stockyards Act, 
     1921 (7 U.S.C. 193), is amended by adding at the end the 
     following:
       ``(e) Special Procedures Regarding Allegations of 
     Retaliation.--
       ``(1) Consideration by special panel.--The Secretary shall 
     appoint a special panel consisting of 3 members to receive 
     and initially consider a complaint submitted by any person 
     that alleges prohibited packer retaliation under section 
     202(b) directed against a livestock producer.
       ``(2) Complaint; hearing.--If the panel has reason to 
     believe from the complaint or resulting investigation that a 
     packer has violated or is violating the retaliation 
     prohibition under section 202(b), the panel shall notify the 
     Secretary who shall cause a complaint to be issued against 
     the packer, and a hearing conducted, under subsection (a).
       ``(3) Evidentiary standard.--In the case of a complaint 
     regarding retaliation prohibited under section 202(b), the 
     Secretary shall find that the packer involved has violated or 
     is violating section 202(b) if the finding is supported by a 
     preponderance of the evidence.''.
       (3) Damages for producers suffering retaliation.--Section 
     203 of the Packers and Stockyards Act, 1921 (7 U.S.C. 193) 
     (as amended by subsection (b)), is amended by adding at the 
     end the following:
       ``(f) Damages for Producers Suffering Retaliation.--
       ``(1) In general.--If a packer violates the retaliation 
     prohibition under section 202(b), the packer shall be liable 
     to the livestock producer injured by the retaliation for not 
     more than 3 times the amount of damages sustained as a result 
     of the violation.
       ``(2) Enforcement.--The liability may be enforced either by 
     complaint to the Secretary, as provided in subsection (e), or 
     by suit in any court of competent jurisdiction.
       ``(3) Other remedies.--This subsection shall not abridge or 
     alter a remedy existing at common law or by statute. The 
     remedy provided by this subsection shall be in addition to 
     any other remedy.''.
       (d) Review of Federal Agriculture Credit Policies.--The 
     Secretary of Agriculture, in consultation with the Secretary 
     of the Treasury, the Chairman of the Board of Governors of 
     the Federal Reserve System, and the Chairman of the Board of 
     the Farm Credit Administration, shall establish an 
     interagency working group to study--
       (1) the extent to which Federal lending practices and 
     policies have contributed, or are contributing, to market 
     concentration in the livestock and dairy sectors of the 
     national economy; and
       (2) whether Federal policies regarding the financial system 
     of the United States adequately take account of the weather 
     and price volatility risks inherent in livestock and dairy 
     enterprises.

     SEC. 705. LABELING OF IMPORTED MEAT AND MEAT FOOD PRODUCTS.

       (a) Definitions.--Section 1 of the Federal Meat Inspection 
     Act (21 U.S.C. 601) is amended by adding at the end the 
     following:
       ``(w) Beef.--The term `beef'' means meat produced from 
     cattle (including veal).
       ``(x) Lamb.--The term `lamb' means meat, other than mutton, 
     produced from sheep.
       ``(y) Beef blended with imported meat.--The term `beef 
     blended with imported meat' means ground beef, or beef in 
     another meat food product that contains United States beef 
     and any imported beef.
       ``(z) Lamb blended with imported meat.--The term `lamb 
     blended with imported meat' means ground meat, or lamb in 
     another meat food product, that contains United States lamb 
     and any imported lamb.
       ``(aa) Imported beef.--The term `imported beef' means any 
     beef, including any fresh muscle cuts, ground meat, 
     trimmings, and beef in another meat food product, that is not 
     United States beef, whether or not the beef is graded with a 
     quality grade issued by the Secretary.
       ``(bb) Imported lamb.--The term `imported lamb' means any 
     lamb, including any fresh muscle cuts, ground meat, 
     trimmings, and lamb in another meat food product, that is not 
     United States lamb, whether or not the lamb is graded with a 
     quality grade issued by the Secretary.
       ``(cc) United states beef.--
       ``(1) In general.--The term `United States beef' means beef 
     produced from cattle slaughtered in the United States.
       ``(2) Exclusions.--The term `United States beef' does not 
     include--
       ``(A) beef produced from cattle imported into the United 
     States in sealed trucks for slaughter;
       ``(B) beef produced from imported carcasses;
       ``(C) imported beef trimmings; or
       ``(D) imported boxed beef.
       ``(dd) United states lamb.--
       ``(1) In general.--The term `United States lamb' means 
     lamb, except mutton, produced from sheep slaughtered in the 
     United States.
       ``(2) Exclusions.--The term `United States lamb' does not 
     include--
       ``(A) lamb produced from sheep imported into the United 
     States in sealed trucks for slaughter;
       ``(B) lamb produced from an imported carcass;
       ``(C) imported lamb trimmings; or
       ``(D) imported boxed lamb.''.
       (b) Labeling.--
       (1) Imported beef or imported lamb.--Section 1(n) of the 
     Federal Meat Inspection Act (21 U.S.C. 601(n)) is amended by 
     adding at the end the following:
       ``(13)(A) If it is imported beef or imported lamb offered 
     for retail sale as fresh muscle cuts of beef or lamb and is 
     not accompanied by labeling that identifies it as imported 
     beef or imported lamb.
       ``(B) If it is United States beef or United States lamb 
     offered for retail sale, or offered and intended for export 
     as fresh muscle cuts of beef or lamb, and is not accompanied 
     by labeling that identifies it as United States beef or 
     United States lamb.
       ``(C) If it is United States or imported ground beef or 
     other processed beef or lamb product and is not accompanied 
     by labeling that identifies it as United States beef or 
     United States lamb, imported beef or imported lamb, beef 
     blended with imported meat or lamb blended with imported 
     meat, or other designation that identifies the content of 
     United States beef and imported beef United States lamb and 
     imported lamb or contained in the product, as determined by 
     the Secretary under section 7(h).''.
       (2) Country of origin.--Section 7 of the Federal Meat 
     Inspection Act (21 U.S.C. 607) is amended by adding at the 
     end the following:
       ``(g) Country of Origin.--Imported beef, imported lamb, or 
     ground beef, ground lamb, or other processed beef or lamb 
     product made from imported beef or imported lamb described in 
     section 1(n) may be marked, labeled, or otherwise identified 
     to indicate the country of origin.''.
       (3) Conforming amendment.--Section 20(a) of the Federal 
     Meat Inspection Act (21 U.S.C. 620(a)) is amended by adding 
     at the end the following: ``All imported beef or imported 
     lamb offered for retail sale as fresh muscle cuts of beef or 
     lamb shall be plainly and conspicuously marked, labeled, or 
     otherwise identified as imported beef or imported lamb.''.
       (c) Ground or Processed Beef and Lamb.--Section 7 of the 
     Federal Meat Inspection Act (21 U.S.C. 607) (as amended by 
     subsection (b)(2)) is amended by adding at the end the 
     following:
       ``(h) Ground or Processed Beef and Lamb.--
       ``(1) Voluntary labeling.--Subject to paragraph (2), the 
     Secretary shall provide by regulation for the voluntary 
     labeling or identification of ground beef, ground lamb, or 
     other processed beef or lamb product as--
       ``(A) United States beef or United States lamb, beef 
     blended with United States meat or lamb blended with United 
     States meat, or other designation that identifies the content 
     of United States beef or United States lamb contained in the 
     product; or
       ``(B) imported beef or imported lamb, beef blended with 
     imported meat or lamb blended with imported meat, or other 
     designation that identifies the content of imported beef or 
     imported lamb contained in the product;
     as determined by the Secretary.
       ``(2) Mandatory labeling.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     not later than 18 months after the date of enactment of this 
     subsection, the Secretary shall provide by regulation for the 
     mandatory labeling or identification of ground beef, ground 
     lamb, or other processed beef or lamb product made from 
     imported beef or imported lamb as imported beef or imported 
     lamb, beef blended with imported meat or lamb blended with 
     imported meat, or other designation that identifies the 
     content of imported beef or imported lamb contained in the 
     product, as determined by the Secretary.
       ``(B) Application.--Subparagraph (A) shall not apply to the 
     extent the Secretary determines that the costs associated 
     with labeling under subparagraph (A) would result in an 
     unreasonable burden on producers and processors, retailers, 
     or consumers.''.
       (d) Ground Beef and Ground Lamb Labeling Study.--
       (1) In general.--The Secretary of Agriculture shall conduct 
     a study of the effects of the mandatory use of imported, 
     blended, or content labeling on ground beef, ground lamb, and 
     other processed beef or lamb products made from imported beef 
     or imported lamb.
       (2) Costs and responses.--The study shall be designed to 
     evaluate the costs associated with and consumer response 
     toward the mandatory use of labeling described in paragraph 
     (1).
       (3) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall report the 
     findings of the study conducted under paragraph (1) to the 
     Committee on Agriculture of the House of Representatives and 
     the Committee on Agriculture, Nutrition, and Forestry of the 
     Senate.
       (e) Regulations.--Not later than 120 days after the date of 
     enactment of this Act, the Secretary of Agriculture shall 
     promulgate final regulations to carry out the amendments made 
     by this section.

     SEC. 706. EMERGENCY REQUIREMENT.

       (a) Budget Request.--The entire amount necessary to carry 
     out this title and the amendments made by this title shall be 
     available only to the extent that the President submits to 
     Congress an official budget request for a specific dollar 
     amount that includes designation of the entire amount of the 
     request as an emergency requirement for the purposes of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.).
       (b) Designation by Congress.--The entire amount of funds 
     necessary to carry out this

[[Page S10325]]

     title and the amendments made by this title is designated by 
     Congress as an emergency requirement under section 
     251(b)(2)(A) of the Balanced Budget and Emergency Deficit 
     Control Act of 1985 (2 U.S.C. 901(b)(2)(A)).
                                 ______
                                 

                DASCHLE (AND OTHERS) AMENDMENT NO. 3581

  Mr. DASCHLE (for himself, Mr. Harkin, Mr. Dorgan, Mr. Johnson, Mr. 
Kerrey, Mr. Conrad, Mr. Baucus, and Mr. Wellstone) proposed an 
amendment to the bill, S. 2237, supra; as follows:

       On page 199, between lines 15 and 16, insert the following:
              TITLE VII--EMERGENCY AGRICULTURAL ASSISTANCE

     SEC. 701. MARKETING ASSISTANCE LOANS.

       (a) Marketing Assistance Loans.--
       (1) Loan rates.--Notwithstanding section 132 of the 
     Agricultural Market Transition Act (7 U.S.C. 7232), for crop 
     year 1998, loan rates for a loan commodity (as defined in 
     section 102 of that Act (7 U.S.C. 7202)), other than rice, 
     shall not be subject to any dollar limitation on loan rates 
     prescribed under subsection (a)(1)(B), (b)(1)(B), (c)(2), 
     (d)(2), (f)(1)(B), or (f)(2)(B) of section 132 of that Act.
       (2) Rice.--Notwithstanding section 132(e) of that Act, for 
     crop year 1998, the loan rate for a marketing assistance loan 
     under section 131 of that Act (7 U.S.C. 7231) for rice shall 
     be not less than the greater of--
       (A) $6.50 per hundredweight; or
       (B) 85 percent of the simple average price received by 
     producers of rice, as determined by the Secretary of 
     Agriculture, during the marketing years for the immediately 
     preceding 5 crops of rice, excluding the year in which the 
     average price was the highest and the year in which the 
     average price was the lowest in the period.
       (3) Term of loan.--Notwithstanding section 133(c) of that 
     Act (7 U.S.C. 7233(c)), for crop year 1998, the Secretary may 
     extend the term of a marketing assistance loan for any loan 
     commodity for a period not to exceed 6 months.
       (b) Application.--
       (1) In general.--The authority provided by this section 
     applies to the 1998 crop of a loan commodity.
       (2) Loans.--This section applies to a marketing assistance 
     loan for a loan commodity made under subtitle C of the 
     Agricultural Market Transition Act (7 U.S.C. 7231 et seq.) 
     for the 1998 crop year before, on, or after the date of 
     enactment of this Act.

     SEC. 706. EMERGENCY REQUIREMENT.

       (a) Budget Request.--The entire amount necessary to carry 
     out this title and the amendments made by this title shall be 
     available only to the extent that the President submits to 
     Congress an official budget request for a specific dollar 
     amount that includes designation of the entire amount of the 
     request as an emergency requirement for the purposes of the 
     Balanced Budget and Emergency Deficit Control Act of 1985 (2 
     U.S.C. 900 et seq.).
       (b) Designation by Congress.--The entire amount of funds 
     necessary to carry out this title and the amendments made by 
     this title is designated by Congress as an emergency 
     requirement under section 251(b)(2)(A) of the Balanced Budget 
     and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     901(b)(2)(A)).
                                 ______
                                 

                      CAMPBELL AMENDMENT NO. 3582

  Mr. GORTON (for Mr. Campbell) proposed an amendment to the bill, S. 
2237, supra; as follows:

       Under the heading ``Bureau of Indian Affairs'', 
     ``Construction'' on page 33, strike the second proviso.
                                 ______
                                 

                    GORTON AMENDMENTS NOS. 3583-3585

  Mr. GORTON proposed three amendments to the bill, S. 2237, supra; as 
follows:

                           Amendment No. 3583

       At the end of Title I, General Provisions, add the 
     following new section:

       Sec.   . Notwithstanding any other provision of law, the 
     Tribal Self-Governance Act (25 U.S.C. Sec. 458aa et seq.) is 
     amended at Sec. 458ff(c) by inserting ``450c(d),'' following 
     the word ``sections''.
                                  ____


                           Amendment No. 3584

       At the end of Title III, add the following new section:
       Sec.   . (a) In General.--To reflect the intent of Congress 
     set forth in Public Law 98-396, section 4(a)(2) of the 
     Columbia River Gorge National Scenic Area Act (16 U.S.C. 
     544(a)(2)) is amended--
       (1) by striking ``(2) The boundaries'' and inserting the 
     following:
       ``(2) Boundaries.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     the boundaries''; and (2) by adding at the end of the 
     following:
       ``(B) Exclusions.--The scenic area shall not include the 
     approximately 29 acres of land owned by the Port of Camas-
     Washougal in the South \1/2\ of Section 16, Township 1 North, 
     Range 4 East, and the North \1/2\ of Section 21, Township 1 
     North, Range 4 East, Willamete Meridian, Clark County, 
     Washington, that consists of--
       ``(i) the approximately 19 acres of Port land acquired from 
     the Corps of Engineers under the Second Supplemental 
     Appropriations Act, 1984 (Public Law 98-396); and
       ``(ii) the approximately 10 acres of adjacent Port land to 
     the west of the land described in clause (i).''
       (b) Intent.--The amendment made by the subsection (a)--
       (1) is intended to achieve the intent of Congress set forth 
     in Public Law 98-396; and
       (2) is not intended to set a precedent regarding adjustment 
     or amendment of any boundaries of the Columbia River Gorge 
     National Scenic Area or any other provisions of the Columbia 
     River Gorge National Scenic Area Act.
                                  ____


                           Amendment No. 3585

       On page 13, line 13, before the period at the end insert 
     the following: ``, and of which no amount shall be available 
     for acquisition of the Texas Chenier Plain''.
                                 ______
                                 

                      HOLLINGS AMENDMENT NO. 3586

  Mr. GORTON (for Mr. Hollings) proposed an amendment to the bill, S. 
2237, supra; as follows:

       On page 74, after line 20, add the following:

     SEC. 1__. CORRECTION TO COASTAL BARRIER RESOURCES SYSTEM MAP.

       (a) In General.--Not later than 30 days after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     make such corrections to the map described in subsection (b) 
     as are necessary to restore on that map the September 30, 
     1982, boundary for Unit M09 on the portion of Edisto Island 
     located immediately to the south and west of the Jeremy Cay 
     Causeway.
       (b) Map Described.--The map described in this subsection is 
     the map included in a set of maps entitled ``Coastal Barrier 
     Resources System'', dated October 24, 1990, that relates to 
     the unit of the Coastal Barrier Resources System entitled 
     ``Edisto Complex M09/M09P''.
                                 ______
                                 

               MIKULSKI (AND SARBANES) AMENDMENT NO. 3587

  Mr. GORTON (for Ms. Mikulski for herself and Mr. Sarbanes) proposed 
an amendment to the bill, S. 2237, supra; as follows:

       On page 74, after line 20, add the following:

     SEC. 1__. LAND EXCHANGE IN THE DISTRICT OF COLUMBIA AND 
                   PRINCE GEORGE'S COUNTY, MARYLAND.

       Section 135 of the Department of the Interior and Related 
     Agencies Appropriations Act, 1998 is amended by adding at the 
     end the following:
       ``(g) Environmental Impact Statement, Compliance With 
     Law.--As a condition of the exchange of property under this 
     subsection, the Secretary shall--
       ``(1) prepare an environmental impact statement in 
     accordance with the National Environmental Policy Act; and
       ``(2) comply with all other applicable laws (including 
     regulations) and rules relating to property transfers.''.
                                 ______
                                 

                   STEVENS AMENDMENTS NOS. 3588-3589

  Mr. GORTON (for Mr. Stevens) proposed two amendments to the bill, S. 
2237, supra; as follows:

                           Amendment No. 3588

       On page 59, line 25, insert between the words ``Alaska'' 
     and ``prior'' the following: ``for assignment to a Type I hot 
     shot crew that previously has been certified and listed in 
     the Bureau of Land Management 1998 Interagency National 
     Mobilization Guide,''.

                           Amendment No. 3589

       S. 2237 is hereby amended as follows:
       At page 19, line 20, add the following after the word 
     ``program'': ``and of which $4,400,000 shall be available for 
     the Katmai National Park Land Exchange''.
       At the appropriate place insert the following new section;

     SEC. XXX. KATMAI NATIONAL PARK LAND EXCHANGE.

       (a) Ratification of Agreement.--
       (1) Ratification.--
       (A) In general.--The terms, conditions, procedures, 
     covenants, reservations, and other provisions set forth in 
     the document entitled ``Agreement for the Sale, Purchase and 
     Conveyance of Lands between the Heirs, Designees and/or 
     Assigns of Palakia Melgenak and the United States of 
     America'' (hereinafter referred to in this section as the 
     ``Agreement''), executed by its signatories, including the 
     heirs, designees and/or assigns of Palakia Melgenak 
     (hereinafter referred to in this section as the ``Heirs'') 
     effective on September 1, 1998 are authorized, ratified and 
     confirmed, and set forth the obligations and commitments of 
     the United States and all other signatories, as a matter of 
     federal law.
       (B) Native allotment.--Notwithstanding any provision of law 
     to the contrary, all lands described in section 2(c) of the 
     Agreement for conveyance to the Heirs shall be deemed a 
     replacement transaction under ``an Act to relieve restricted 
     Indians in the Five Civilized Tribes whose nontaxable lands 
     are required for State, county or municipal improvements or 
     sold to other persons or for other purposes'' (25 U.S.C. 
     409a, 46 Stat. 1471), as amended, and the Secretary shall 
     convey such lands by a patent consistent with the terms of 
     the Agreement and subject to the

[[Page S10326]]

     same restraints on alienation and tax-exempt status as 
     provided for Native allotments pursuant to ``an Act 
     authorizing the Secretary of the Interior to allot homesteads 
     to the natives of Alaska'' (34 Stat. 197), as amended, 
     repealed by section 18(a) the Alaska Native Claims Settlement 
     Act (85 Stat. 710), with a savings clause for applications 
     pending on December 18, 1971.
       (C) Land acquisition.--Lands and interests in land acquired 
     by the United States pursuant to the Agreement shall be 
     administered by the Secretary of the Interior (hereinafter 
     referred to as the ``Secretary'') as part of the Katmai 
     National Park, subject to the laws and regulations applicable 
     thereto.
       (2) Maps and deeds.--The maps and deeds set forth in the 
     Agreement generally depict the lands subject to the 
     conveyances, the retention of consultation rights, the 
     conservation easement, the access rights, Alaska Native 
     Allotment Act status, and the use and transfer restrictions.
       (b) Katmai National Park and Preserve Wilderness.--Upon the 
     date of closing of the conveyance of the approximately 10 
     acres of Katmai National Park Wilderness lands to be conveyed 
     to the Heirs under the Agreement, the following lands shall 
     hereby be designated part of the Katmai Wilderness as 
     designated by section 701(4) of the Alaska National Interest 
     Lands Conservation (16 U.S.C. 1132 note; 94 Stat. 2417):

     A strip of land approximately one half mile long and 165 feet 
     wide lying within Section 1, Township 24 South, Range 33 
     West, Seward Meridian, Alaska, the center line of which is 
     the center of the unnamed stream from its mouth at Geographic 
     Harbor to the north line of said Section 1. Said unnamed 
     stream flows from the unnamed lake located in Sections 25 and 
     26, Township 23 South, Range 33 West, Seward Meridian. This 
     strip of land contains approximately 10 acres.
        (c) Availability of appropriation.--None of the funds 
     appropriated in this Act or any other act hereafter enacted 
     for the implementation of the Agreement may be expended until 
     the Secetary determines that the Heirs have signed a valid 
     and full relinquishment and release of any and all claims 
     described in section 2(d) of the Agreement.
       (d) General Provisions.--
       (1) All of the lands designated as Wilderness pursuant to 
     this section shall be subject to any valid existing rights.
       (2) Subject to the provisions of the Alaska National 
     Interest Lands Conservation Act, the Secretary shall ensure 
     that the lands in the Geographic Harbor area not directly 
     affected by the Agreement remain accessible for the public, 
     including its mooring and mechanized transportation needs.
       (3) The Agreement shall be placed on file and available for 
     public inspection at the Alaska Regional Office of the 
     National Park Service, at the office of the Katmai National 
     Park and Preserve in King Salmon, Alaska, and at least one 
     public facility managed by the federal, state or local 
     government located in each of Homer, Alaska, and Kodiah, 
     Alaska and such other public facilities which the Secretary 
     determines are suitable and accessible for such public 
     inspections. In addition, as soon as practicable after 
     enactment of this provisions, the Secretary shall make 
     available for public inspection in those same offices, copies 
     of all maps and legal descriptions of land prepared in 
     implementing either the Agreement of this section. Such legal 
     description shall be published in the Federal Register and 
     filed with the Speaker of the House of Representatives and 
     the President of the Senate.
                                 ______
                                 

                        WYDEN AMENDMENT NO. 3590

  Mr. GORTON (for Mr. Wyden) proposed an amendment to the bill S. 2237, 
supra; as follows:

       On page 74, after line 20, add the following:

     SEC. 1--.WATERSHED REGISTRATION AND ENHANCEMENT AGREEMENTS.

       Section 124(a) of the Department of the Interior and 
     Related Agencies Appropriations Act, 1997 (16 U.S.C. 1011(a)) 
     is amended by striking ``with willing private landowners for 
     restoration and enhancement of fish, wildlife, and other 
     biotic resources on public or private land or both'' and 
     inserting ``with the heads of other Federal agencies, tribal, 
     State, and local governments, private nonprofit entities, and 
     landowners for the protection restoration, and enhancement of 
     fish and wildlife habitat and other resources on public or 
     private land and the reduction of risk from natural disaster 
     where public safety is threatened''.

                          ____________________