[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Senate]
[Pages S12879-S12884]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             PERKINS COUNTY RURAL WATER SYSTEM ACT OF 1998

                                 ______
                                 

               MURKOWSKI (AND BUMPERS) AMENDMENT NO. 3842

  Mr. DeWINE (for Mr. Murkowski for himself and Mr. Bumpers) proposed 
an amendment to the bill (S. 2117) to authorize the construction of the 
Perkins County Rural Water System and authorize financial assistance to 
the Perkins County Rural Water System, Inc., a nonprofit corporation, 
in the planning and construction of the water supply system, and for 
other purposes; as follows:

       Concur in the House amendment with the following 
     amendments:
       1. Strike title IV and insert in lieu thereof the 
     following:

            Title IV--Sly Park Dam and Reservoir, California

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Sly Park Unit Conveyance 
     Act''.

     SEC. 402. DEFINITIONS.

       For purposes of this title:
       (1) The term ``District'' means the El Dorado Irrigation 
     District, a political subdivision of the State of California 
     that has its principal place of business in the city of 
     Placerville, El Dorado County, California.
       (2) The term ``Secretary'' means the Secretary of the 
     Interior.
       (3) The term ``Project'' means the Sly Park Dam and 
     Reservoir, Camp Creek Diversion Dam and Tunnel, and conduits 
     and canals held by the United States pursuant to or related 
     to the authorization in the Act entitled

[[Page S12880]]

     ``An Act to authorize the American River Basin Development, 
     California, for irrigation and reclamation, and for other 
     purposes'', approved October 14, 1949 (63 Stat. 852 chapter 
     690), which are associated with the Sly Park Dam and 
     Reservoir.

     SEC. 403. CONVEYANCE OF PROJECT.

       (a) In General.--In consideration of the District accepting 
     the obligations of the Federal Government for the Project and 
     subject to the payment by the District of the net present 
     value of the remaining repayment obligations under contract 
     numbered 14-06-200-949IR2, the Secretary is authorized to 
     convey all right, title and interest in and to the Project to 
     the District. Such transfer shall be subject to a reversion 
     in favor of the United States if the remaining repayment 
     obligations to the United States, referred to in Section 
     405(a), are not completed. The net present value shall be 
     determined under Office of Management and Budget Circular A-
     129 (in effect on the date of enactment of this title).
       (b) Conveyance.--The Secretary shall complete the 
     conveyance as expeditiously as possible. If the conveyance 
     has not occurred within one year from the date of enactment 
     of this title, the Secretary shall submit a report to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives on the status of the 
     transfer, any obstacles to completion of the transfer, and 
     the anticipated date for such transfer. If the Project is 
     conveyed within two years from the date of enactment of this 
     title, the costs of administrative action, including, but not 
     limited to, any environmental compliance, shall be borne 
     equally be the Secretary and the District. If the Project is 
     not conveyed within such two year period, the Secretary shall 
     assume all costs.

     SEC. 404. RELATIONSHIP TO EXISTING OPERATIONS.

       (a) In General.--Nothing is this title shall be construed 
     as significantly expanding or otherwise changing the use or 
     operation of the Project from its current use and operation.
       (b) Future Alterations.--If the District alters the 
     operations or uses of the Project it shall comply with all 
     applicable laws or regulations governing such changes at that 
     time (subject to section 405).

     SEC. 405. RELATIONSHIP TO CERTAIN CONTRACT OBLIGATIONS.

       (a) Payment Obligations Not Affected.--The conveyance of 
     the Project under this title does not affect the payment 
     obligations of the District under the contract between the 
     District and the Secretary numbered 14-06-200-7734, as 
     amended by contracts numbered 14-06-200-4282A and 14-06-200-
     8536A. At any time, the District may elect to prepay its 
     remaining repayment obligations under contract numbered 14-
     06-200-7734, as amended by contracts numbered 14-06-200-4282A 
     and 14-06-200-8536A, by tendering to the Secretary the net 
     present value, at that time, of the remaining repayment 
     obligation as determined by Office of Management and Budget 
     Circular A-129 (in effect on the date of enactment of this 
     title). Effective on the date of such tender, or on the date 
     of completion of all repayment obligations, whichever occurs 
     first, any reversionary interest of the United States in and 
     to the Project is extinguished.
       (b) Payment Obligations Extinguished.--Provision of 
     consideration by the District in accordance with section 
     403(b) shall extinguish all payment obligations under 
     contract numbered 14-06-200-9491R2 between the District and 
     the Secretary.

     SEC. 406. RELATIONSHIP TO OTHER LAWS.

       (a) Reclamation Laws.--Except as provided in subsection 
     (b), upon enactment of this title the Reclamation Act of 1902 
     (82 Stat. 388) and all Acts amendatory thereof or 
     supplemental thereto shall not apply to the Project.
       (b) Payments Into the Central Valley Project Restoration 
     Fund.--The El Dorado Irrigation District shall continue to 
     make payments into the Central Valley Project Restoration 
     Fund for 31 years after the date of the enactment of this 
     title. The District obligation shall be calculated in the 
     same manner as Central Valley Project water contractors.

     SEC. 407. LIABILITY.

       Except as otherwise provided by law, effective on the date 
     of conveyance of the Project under the title, the United 
     States shall not be liable for damages of any kind arising 
     out of any act, omission, or occurrence based on its prior 
     ownership or operation of the conveyed property.
       2. At the end thereof, add the following new titles:

        TITLE VIII--CARLSBAD IRRIGATION PROJECT TITLE CONVEYANCE

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Carlsbad Irrigation 
     Project Acquired Land Transfer Act''.

     SEC. 802. CONVEYANCE.

       (a) Lands and Facilities.--
       (1) In general.--Except as provided in paragraph (2), and 
     subject to subsection (c), the Secretary of the Interior (in 
     this title referred to as the ``Secretary'') may convey to 
     the Carlsbad Irrigation District (a quasi-municipal 
     corporation formed under the laws of the State of New Mexico 
     and in this title referred to as the ``District''), all 
     right, title, and interest of the United States in and to the 
     lands described in subsection (b) (in this title referred to 
     as the ``acquired lands'') and all interests the United 
     States holds in the irrigation and drainage system of the 
     Carlsbad Project and all related lands including ditch rider 
     houses, maintenance shop and buildings, and Pecos River 
     Flume.
       (2) Limitation.--
       (A) Retained surface rights.--The Secretary shall retain 
     title to the surface estate (but not the mineral estate) of 
     such acquired lands which are located under the footprint of 
     Brantley and Avalon dams or any other project dam or 
     reservoir division structure.
       (B) Storage and flow easement.--The Secretary shall retain 
     storage and flow easements for any tracts located under the 
     maximum spillway elevations of Avalon and Brantley 
     Reservoirs.
       (b) Acquired Lands Described.--The lands referred to in 
     subsection (a) are those lands (including the surface and 
     mineral estate) in Eddy County, New Mexico, described as the 
     acquired lands and in section (7) of the ``Status of Lands 
     and Title Report: Carlsbad Project'' as reported by the 
     Bureau of Reclamation in 1978.
       (c) Terms and Conditions of Conveyance.--Any conveyance of 
     the acquired lands under this title shall be subject to the 
     following terms and conditions:
       (1) Management and use, generally.--The conveyed lands 
     shall continue to be managed and used by the District for the 
     purposes for which the Carlsbad Project was authorized, based 
     on historic operations and consistent with the management of 
     other adjacent project lands.
       (2) Assumed rights and obligations.--Except as provided in 
     paragraph (3), the District shall assume all rights and 
     obligations of the United States under--
       (A) the agreement dated July 28, 1994, between the United 
     States and the Director, New Mexico Department of Game and 
     Fish (Document No. 2-LM-40-00640), relating to management of 
     certain lands near Brantley Reservoir for fish and wildlife 
     purposes; and
       (B) the agreement dated March 9, 1977, between the United 
     States and the New Mexico Department of Energy, Minerals, and 
     Natural Resources (Contract No. 7-07-57-X0888) for the 
     management and operation of Brantley Lake State Park.
       (3) Exceptions.--In relation to agreements referred to in 
     paragraph (2)--
       (A) the District shall not be obligated for any financial 
     support agreed to by the Secretary, or the Secretary's 
     designee, in either agreement; and
       (B) the District shall not be entitled to any receipts for 
     revenues generated as a result of either agreement.
       (d) Completion of Conveyance.--If the Secretary does not 
     complete the conveyance within 180 days from the date of 
     enactment of this title, the Secretary shall submit a report 
     to the Congress within 30 days after that period that 
     includes a detailed explanation of problems that have been 
     encountered in completing the conveyance, and specific steps 
     that the Secretary has taken or will take to complete the 
     conveyance.

     SEC. 803. LEASE MANAGEMENT AND PAST REVENUES COLLECTED FROM 
                   THE ACQUIRED LANDS.

       (a) Identification and Notification of Leaseholders.--
     Within 120 days after the date of enactment of this title, 
     the Secretary of the Interior shall--
       (1) provide to the District a written identification of all 
     mineral and grazing leases in effect on the acquired lands on 
     the date of enactment of this title; and
       (2) notify all leaseholders of the conveyance authorized by 
     this title.
       (b) Management of Mineral and Grazing Leases, Licenses, and 
     Permits.--The District shall assume all rights and 
     obligations of the United States for all mineral and grazing 
     leases, licenses, and permits existing on the acquired lands 
     conveyed under section 802, and shall be entitled to any 
     receipts from such leases, licenses, and permits accruing 
     after the date of conveyance. All such receipts shall be used 
     for purposes for which the Project was authorized and for 
     financing the portion of operations, maintenance, and 
     replacement of the Summer Dam which, prior to conveyance, was 
     the responsibility of the Bureau of Reclamation, with the 
     exception of major maintenance programs in progress prior to 
     conveyance which shall be funded through the cost share 
     formulas in place at the time of conveyance. The District 
     shall continue to adhere to the current Bureau of Reclamation 
     mineral leasing stipulations for the Carlsbad Project.
       (c) Availability of Amounts Paid Into Reclamation Fund.--
       (1) Existing receipts.--Receipts in the reclamation fund on 
     the date of enactment of this title which exist as 
     construction credits to the Carlsbad Project under the terms 
     of the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351-
     359) shall be deposited in the General Treasury and credited 
     to deficit reduction or retirement of the Federal debt.
       (2) Receipts after enactment.--Of the receipts from mineral 
     and grazing leases, licenses, and permits on acquired lands 
     to be conveyed under section 802, that are received by the 
     United States after the date of enactment and before the date 
     of conveyance--
       (A) not to exceed $200,000 shall be available to the 
     Secretary for the actual costs of implementing this title 
     with any additional costs shared equally between the 
     Secretary and the District; and
       (B) the remainder shall be deposited into the General 
     Treasury of the United States and credited to deficit 
     reduction or retirement of the Federal debt.

[[Page S12881]]

     SEC. 804. VOLUNTARY WATER CONSERVATION PRACTICES.

       Nothing in this title shall be construed to limit the 
     ability of the District to voluntarily implement water 
     conservation practices.

     SEC. 805. LIABILITY.

       Effective on the date of conveyance of any lands and 
     facilities authorized by this title, the United States shall 
     not be held liable by any court for damages of any kind 
     arising out of any act, omission, or occurrence relating to 
     the conveyed property, except for damages caused by acts of 
     negligence committed by the United States or by its 
     employees, agents, or contractors, prior to conveyance. 
     Nothing in this section shall be considered to increase the 
     liability of the United States beyond that provided under 
     chapter 171 of title 28, United States Code, popularly known 
     as the Federal Tort Claims Act.

     SEC. 806. FUTURE BENEFITS.

       Effective upon transfer, the lands and facilities 
     transferred pursuant to this title shall not be entitled to 
     receive any further Reclamation benefits pursuant to the 
     Reclamation Act of June 17, 1902, and Acts supplementary 
     thereof or amendatory thereto attributable to their status as 
     part of a Reclamation Project.

              TITLE IX--THOMAS COLE NATIONAL HISTORIC SITE

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``Thomas Cole National 
     Historic Site Act''.

     SEC. 902. DEFINITIONS.

       As used in this title:
       (1) The term ``historic site'' means the Thomas Cole 
     National Historic Site established by section 904 of this 
     title.
       (2) The term ``Hudson River artists'' means artists who 
     were associated with the Hudson River school of landscape 
     painting.
       (3) The term ``plan'' means the general management plan 
     developed pursuant to section 906(d).
       (4) The term ``Secretary'' means the Secretary of the 
     Interior.
       (5) The term ``Society'' means the Greene County Historical 
     Society of Greene County, New York, which owns the Thomas 
     Cole home, studio, and other property comprising the historic 
     site.

     SEC. 903. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) The Hudson River school of landscape painting was 
     inspired by Thomas Cole and was characterized by a group of 
     19th century landscape artists who recorded and celebrated 
     the landscape and wilderness of America, particularly in the 
     Hudson River Valley region in the State of New York.
       (2) Thomas Cole is recognized as America's most prominent 
     landscape and allegorical painter of the mid-19th century.
       (3) Located in Greene County, New York, the Thomas Cole 
     House, also known as Thomas Cole's Cedar Grove, is listed on 
     the National Register of Historic Places and has been 
     designated as a National Historic Landmark.
       (4) Within a 15 mile radius of the Thomas Cole House, an 
     area that forms a key part of the rich cultural and natural 
     heritage of the Hudson River Valley region, significant 
     landscapes and scenes painted by Thomas Cole and other Hudson 
     River artists, such as Frederic Church, survive intact.
       (5) The State of New York has established the Hudson River 
     Valley Greenway to promote the preservation, public use, and 
     enjoyment of the natural and cultural resources of the Hudson 
     River Valley region.
       (6) Establishment of the Thomas Cole National Historic Site 
     will provide opportunities for the illustration and 
     interpretation of cultural themes of the heritage of the 
     United States and unique opportunities for education, public 
     use, and enjoyment.
       (b) Purposes.--The purposes of this title are--
       (1) to preserve and interpret the home and studio of Thomas 
     Cole for the benefit, inspiration, and education of the 
     people of the United States;
       (2) to help maintain the integrity of the setting in the 
     Hudson River Valley region that inspired artistic expression;
       (3) to coordinate the interpretive, preservation, and 
     recreational efforts of Federal, State, and other entities in 
     the Hudson Valley region in order to enhance opportunities 
     for education, public use, and enjoyment; and
       (4) to broaden understanding of the Hudson River Valley 
     region and its role in American history and culture.

     SEC. 904. ESTABLISHMENT OF THOMAS COLE NATIONAL HISTORIC 
                   SITE.

       (a) Establishment.--There is established, as an affiliated 
     area of the National Park System, the Thomas Cole National 
     Historic Site in the State of New York.
       (b) Description.--The historic site shall consist of the 
     home and studio of Thomas Cole, comprising approximately 3.4 
     acres, located at 218 Spring Street, in the village of 
     Catskill, New York, as generally depicted on the boundary map 
     numbered TCH/80002, and dated March 1992.

     SEC. 905. RETENTION OF OWNERSHIP AND MANAGEMENT OF HISTORIC 
                   SITE BY GREENE COUNTY HISTORICAL SOCIETY.

       The Greene County Historical Society of Greene County, New 
     York, shall continue to own, manage, and operate the historic 
     site.

     SEC. 906. ADMINISTRATION OF HISTORIC SITE.

       (a) Applicability of National Park System Laws.--The 
     historic site shall be administered by the Society in a 
     manner consistent with this title and all laws generally 
     applicable to units of the National Park System, including 
     the Act of August 25, 1916 (16 U.S.C. 1 et seq.; commonly 
     known as the National Park Service Organic Act), and the Act 
     of August 21, 1935 (16 U.S.C. 461 et seq.; commonly known as 
     the Historic Sites, Buildings, and Antiquities Act).
       (b) Cooperative Agreements.--
       (1) Assistance to society.--The Secretary may enter into 
     cooperative agreements with the Society to preserve the 
     Thomas Cole House and other structures in the historic site 
     and to assist with education programs and research and 
     interpretation of the Thomas Cole House and associated 
     landscapes.
       (2) Other assistance.--To further the purposes of this 
     title, the Secretary may enter into cooperative agreements 
     with the State of New York, the Society, the Thomas Cole 
     Foundation, and other public and private entities to 
     facilitate public understanding and enjoyment of the lives 
     and works of the Hudson River artists through the provision 
     of assistance to develop, present, and fund art exhibits, 
     resident artist programs, and other appropriate activities 
     related to the preservation, interpretation, and use of the 
     historic site.
       (c) Artifacts and Property.--
       Personal property generally.--The Secretary may acquire 
     personal property associated with, and appropriate for, the 
     interpretation of the historic site.
       (d) General Management Plan.--Within two complete fiscal 
     years after the date of the enactment of this title, the 
     Secretary shall develop a general management plan for the 
     historic site with the cooperation of the Society. Upon the 
     completion of the plan, the Secretary shall provide a copy of 
     the plan to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Resources of the House of 
     Representatives. The plan shall include recommendations for 
     regional wayside exhibits, to be carried out through 
     cooperative agreements with the State of New York and other 
     public and private entitles. The plan shall be prepared in 
     accordance with section 12(b) of Public Law 91-383 (16 U.S.C. 
     1a-1 et seq.; commonly known as the National Park System 
     General Authorities Act).

     SEC. 907. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

  TITLE X--REAUTHORIZATION OF HISTORIC PRESERVATION FUND AND ADVISORY 
                   COUNCIL ON HISTORIC PRESERVATION.

     SEC. 1001. REAUTHORIZATION OF HISTORIC PRESERVATION FUND.

       The second sentence of section 108 of the National Historic 
     Preservation Act (16 U.S.C. 470h) is amended by striking 
     ``1997'' and inserting ``2004''.

     SEC. 1002. REAUTHORIZATION OF ADVISORY COUNCIL ON HISTORIC 
                   PRESERVATION.

       The last sentence of section 212(a) (16 U.S.C. 470t(a)) is 
     amended by striking ``2000'' and inserting in lieu thereof, 
     ``2004''.

   TITLE XI--EL CAMINO REAL DE TIERRA ADENTRO NATIONAL HISTORIC TRAIL

     SEC. 1101. SHORT TITLE.

       This title may be cited as the ``El Camino Real de Tierra 
     Adentro National Historic Trail Act''.

     SEC. 1102. FINDINGS.

       Congress finds that--
       (1) El Camino Real de Tierra Adentro (the Royal Road of the 
     Interior), served as the primary route between the colonial 
     Spanish capital of Mexico City and the Spanish provincial 
     capitals at San Juan de Los Caballeros (1598-1600), San 
     Gabriel (1600-1609) and Santa Fe (1610-1821);
       (2) the portion of El Camino Real in what is now the United 
     States extended between El Paso, Texas, and present San Juan 
     Pueblo, New Mexico, a distance of 404 miles;
       (3) El Camino Real is a symbol of the cultural interaction 
     between nations and ethnic groups and of the commercial 
     exchange that made possible the development and growth of the 
     borderland;
       (4) American Indian groups, especially the Pueblo Indians 
     of the Rio Grande, developed trails for trade long before 
     Europeans arrived;
       (5) in 1598, Juan de Onate led a Spanish military 
     expedition along those trails to establish the northern 
     portion of El Camino Real;
       (6) during the Mexican National Period and part of the 
     United States Territorial Period, El Camino Real facilitated 
     the emigration of people to New Mexico and other areas that 
     were to become part of the United States;
       (7) the exploration, conquest, colonization, settlement, 
     religious conversion, and military occupation of a large area 
     of the borderland was made possible by El Camino Real, the 
     historical period of which extended from 1598 to 1882;
       (8) American Indians, European emigrants, miners, ranchers, 
     soldiers, and missionaries used El Camino Real during the 
     historic development of the borderland, promoting cultural 
     interaction among Spaniards, other Europeans, American 
     Indians, Mexicans, and Americans; and
       (9) El Camino Real fostered the spread of Catholicism, 
     mining, an extensive network of commerce, and ethnic and 
     cultural traditions including music, folklore, medicine,

[[Page S12882]]

     foods, architecture, language, place names, irrigation 
     systems, and Spanish law.

     SEC. 1103. AUTHORIZATION AND ADMINISTRATION.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended--
       (1) by designating the paragraphs relating to the 
     California National Historic Trail, the Pony Express National 
     Historic Trail, and the Selma to Montgomery National Historic 
     Trail as paragraphs (18), (19), and (20), respectively; and
       (2) by adding at the end the following:
       ``(21) El camino real de tierra adentro.--
       ``(A) In general.--El Camino Real de Tierra Adentro (the 
     Royal Road of the Interior) National Historic Trail, a 404 
     mile long trail from the Rio Grande near El Paso, Texas to 
     San Juan Pueblo, New Mexico, as generally depicted on the 
     maps entitled `United States Route: El Camino Real de Tierra 
     Adentro', contained in the report prepared pursuant to 
     subsection (b) entitled `National Historic Trail Feasibility 
     Study and Environmental Assessment: El Camino Real de Tierra 
     Adentro, Texas-New Mexico', dated March 1997.
       ``(B) Map.--A map generally depicting the trail shall be on 
     file and available for public inspection in the Office of the 
     National Park Service, Department of the Interior.
       ``(C) Administration.--The trail shall be administered by 
     the Secretary of the Interior.
       ``(D) Land acquisition.--No land or interest in land 
     outside the exterior boundaries of any federally administered 
     area may be acquired by the United States for the trail 
     except with the consent of the owner of the land or interest 
     in land.
       ``(E) Volunteer groups; consultation.--The Secretary of the 
     Interior shall--
       ``(i) encourage volunteer trail groups to participate in 
     the development and maintenance of the trail; and
       ``(ii) consult with affected Federal, State, local 
     governmental and tribal agencies in the administration of the 
     trail.
       ``(F) Coordination of activities.--The Secretary of the 
     Interior may coordinate with United States and Mexican public 
     and non-governmental organizations, academic institutions, 
     and, in consultation with the Secretary of State, the 
     government of Mexico and its political subdivisions, for the 
     purpose of exchanging trail information and research, 
     fostering trail preservation and educational programs, 
     providing technical assistance, and working to establish an 
     international historic trail with complementary preservation 
     and education programs in each nation.''.

     TITLE XII--EL CAMINO REAL DE LOS TEJAS NATIONAL HISTORIC TRAIL

     SEC. 1201. SHORT TITLE.

       This title may be cited as the ``El Camino Real de los 
     Tejas National Historic Trail Act of 1998''.

     SEC. 1202. FINDINGS.

       Congress finds that--
       (1) El Camino Real de los Tejas (the Royal Road to the 
     Tejas), served as the primary route between the Spanish 
     viceregal capital of Mexico City and the Spanish provincial 
     capital of Tejas at Los Adaes (1721-1773) and San Antonio 
     (1773-1821);
       (2) the seventeenth, eighteenth, and early nineteenth 
     century rivalries among the European colonial powers of 
     Spain, France, and England and after their independence, 
     Mexico and the United States, for dominion over lands 
     fronting the Gulf of Mexico, were played out along the 
     evolving travel routes in this immense area;
       (3) the future of several American Indian nations, whose 
     prehistoric trails were later used by the Spaniards for 
     exploration and colonization, was tied to these larger forces 
     and events and the nations were fully involved in and 
     affected by the complex cultural interactions that ensued;
       (4) the Old San Antonio Road was a series of routes 
     established in the early 19th century sharing the same 
     corridor and some routes of El Camino Real, and carried 
     American immigrants from the east, contributing to the 
     formation of the Republic of Texas, and its annexation to the 
     United States;
       (5) the exploration, conquest, colonization, settlement, 
     migration, military occupation, religious conversion, and 
     cultural exchange that occurred in a large area of the 
     borderland was facilitated by El Camino Real de los Tejas as 
     it carried Spanish and Mexican influences northeastward, and 
     by its successor, the Old San Antonio Road, which carried 
     American influence westward, during a historic period which 
     extended from 1689 to 1850; and
       (6) the portions of El Camino Real de los Tejas in what is 
     now the United States extended from the Rio Grande near Eagle 
     Pass and Laredo, Texas and involved routes that changed 
     through time, that total almost 2,600 miles in combined 
     length, generally coursing northeasterly through San Antonio, 
     Bastrop, Nacogdoches, and San Augustine in Texas to 
     Natchitoches, Louisiana, a general corridor distance of 550 
     miles.

     SEC. 1203. AUTHORIZATION AND ADMINISTRATION.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a) is amended--
       (1) by designating the paragraphs relating to the 
     California National Historic Trail, the Pony Express National 
     Historic Trail, and the Selma to Montgomery National Historic 
     Trail as paragraphs (18), (19), and (20), respectively; and
       (2) by adding at the end the following:
       ``(22) El camino real de los tejas.--
       ``(A) In general.--El Camino Real de los Tejas (The Royal 
     Road to the Tejas) National Historic Trail, a combination of 
     routes totaling 2,580 miles in length from the Rio Grande 
     near Eagle Pass and Laredo, Texas to Natchitoches, Louisiana, 
     and including the Old San Antonio Road, as generally depicted 
     on the maps entitled `El Camino Real de los Tejas', contained 
     in the report prepared pursuant to subsection (b) entitled 
     `National Historic Trail Feasibility Study and Environmental 
     Assessment: El Camino Real de los Tejas, Texas-Louisiana', 
     dated ____ July 1998. A map generally depicting the trail 
     shall be on file and available for public inspection in the 
     Office of the National Park Service, Department of the 
     Interior. The trail shall be administered by the Secretary of 
     the Interior. No land or interest in land outside the 
     exterior boundaries of any federally administered area may be 
     acquired by the United States for the trail except with the 
     consent of the owner of the land or interest in land.
       ``(B) Coordination of activities.--The Secretary of the 
     Interior may coordinate with United States and Mexican public 
     and non-governmental organizations, academic institutions, 
     and, in consultation with the Secretary of State, the 
     government of Mexico and its political subdivisions, for the 
     purpose of exchanging trail information and research, 
     fostering trail preservation and educational programs, 
     providing technical assistance, and working to establish an 
     international historic trail with complementary preservation 
     and education programs in each nation.''.

          TITLE XIII--MINUTEMAN MISSILE NATIONAL HISTORIC SITE

     SEC. 1301. SHORT TITLE.

       This title may be cited as the ``Minuteman Missile National 
     Historic Site Establishment Act of 1998''.

     SEC. 1302. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Minuteman II intercontinental ballistic missile 
     (hereinafter referred to as ``ICBM'') launch control facility 
     and launch facility known as ``Delta 1'' and ``Delta 9'', 
     respectively, have national significance as the best 
     preserved examples of the operational character of American 
     history during the Cold War;
       (2) the facilities are symbolic of the dedication and 
     preparedness exhibited by the missileers of the Air Force 
     stationed throughout the upper Great Plains in remote and 
     forbidding locations during the Cold War;
       (3) the facilities provide a unique opportunity to 
     illustrate the history and significance of the Cold War, the 
     arms race, and ICBM development; and
       (4) the National Park System does not contain a unit that 
     specifically commemorates or interprets the Cold War.
       (b) Purposes.--The purposes of this title are--
       (1) to preserve, protect, and interpret for the benefit and 
     enjoyment of present and future generations the structures 
     associated with the Minuteman II missile defense system;
       (2) to interpret the historical role of the Minuteman II 
     missile defense system in the broader context of the Cold War 
     and the role of the system as a key component of America's 
     strategic commitment to preserve world peace; and
       (3) to complement the interpretive programs relating to the 
     Minuteman II missile defense system offered by the South 
     Dakota Air and Space Museum at Ellsworth Air Force Base.

     SEC. 1303. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.

       (a) Establishment.--(1) The Minuteman Missile National 
     Historic Site in the State of South Dakota (hereinafter 
     referred to as the ``historic site'') is hereby established 
     as a unit of the National Park System. The historic site 
     shall consist of lands and interests therein comprising the 
     following Minuteman II ICBM launch control facilities, as 
     generally depicted on the map referred to as ``Minuteman 
     Missile National Historic Site'', numbered 406/80,008 and 
     dated September, 1998:
       (A) An area surrounding the Minuteman II ICBM launch 
     control facility depicted as ``Delta 1 Launch Control 
     Facility''.
       (B) An area surrounding the Minuteman II ICBM launch 
     control facility depicted as ``Delta 9 Launch Facility''.
       (2) The map described in paragraph (1) shall be on file and 
     available for public inspection in the appropriate offices of 
     the National Park Service.
       (3) The Secretary of the Interior (hereinafter referred to 
     as the ``Secretary'') is authorized to make minor adjustments 
     to the boundary of the historic site.
       (b) Administration of Historic Site.--The Secretary shall 
     administer the historic site in accordance with this title 
     and laws generally applicable to units of the National Park 
     System, including the Act of August 25, 1916 (16 U.S.C. 1, 2-
     4) and the Act of August 21, 1935 (16 U.S.C. 461-467).
       (c) Coordination With Secretary of Defense.--The Secretary 
     shall consult with the Secretary of Defense and the Secretary 
     of State, as appropriate, to ensure that administration of 
     the historic site is in compliance with applicable treaties.
       (d) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with appropriate public and private 
     entities and individuals in furtherance of the purposes of 
     this title.

[[Page S12883]]

       (e) Land Acquisition.--(1) Except as provided in paragraph 
     (2), the Secretary is authorized to acquire lands and 
     interests therein within the boundaries of the historic site 
     by donation, purchase with donated or appropriated funds, 
     exchange or transfer from another Federal agency: Provided, 
     That lands or interests therein owned by the State of South 
     Dakota may only be acquired by donation or exchange.
       (2) The Secretary shall not acquire any lands pursuant to 
     this title if the Secretary determines that such lands, or 
     any portion thereof, are contaminated with hazardous 
     substances (as defined in the Comprehensive Environmental 
     Response, Compensation and Liability Act (42 U.S.C. 9601)), 
     unless all remedial action necessary to protect human health 
     and the environment has been taken pursuant to such Act.
       (f) General Management Plan.--(1) Within three years after 
     the date funds are made available, the Secretary shall 
     prepare a general management plan for the historic site.
       (2) The plan shall include an evaluation of an appropriate 
     location for a visitor facility and administrative site 
     within the areas depicted as ``Support Facility Study Area--
     Alternative A'' or ``Support Facility Study Area--Alternative 
     B'' on the map referred to in subsection (a). Upon a 
     determination by the Secretary of the appropriate location 
     for such facilities, the boundaries of the historic site 
     shall be modified to include the selected site.
       (3) In developing the plan, the Secretary shall consider 
     coordinating or consolidating appropriate administrative, 
     management, and personnel functions with Badlands National 
     Park.

     SEC. 1304. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There is authorized to be appropriated 
     such sums as may be necessary to carry out this title.
       (b) Air Force Funds.--The Secretary of the Air Force shall 
     transfer to the Secretary any funds specifically appropriated 
     to the Air Force in FY 1999 for the maintenance, protection, 
     or preservation of the facilities described in section 3. 
     Such funds shall be used by the Secretary for establishing, 
     operating, and maintaining the historic site.
       (c) Legacy Resource Management Program.--Nothing in this 
     title affects the use of any funds available for the Legacy 
     Resource Management Program being carried out by the Air 
     Force that, before the date of enactment of this title, were 
     directed to be used for resource preservation and treaty 
     compliance.

                     TITLE XIV--COMMERCIAL FILMING

     SEC. 1401. FEE AUTHORITY AND REPEAL OF PROHIBITION.

       (a) Authority.--
       (1) In general.--The Secretary of the Interior (in this 
     section referred to as the ``Secretary'') may permit, under 
     terms and conditions considered necessary by the Secretary, 
     the use of lands and facilities administered by the Secretary 
     for the making of any motion picture, television production, 
     soundtrack, or similar project, if the Secretary determines 
     that such use is appropriate and will not impair the values 
     and resources of the lands and facilities.
       (2) Fees.--(A) Any permit under this section shall require 
     the payment of fees to the Secretary in an amount determined 
     to be appropriate by the Secretary sufficient to provide a 
     fair return to the government in accordance with subparagraph 
     (B), except as provided in subparagraph (C). The amount of 
     the fee shall be not less than the direct and indirect costs 
     to the Government for processing the application for the 
     permit and the use of lands and facilities under the permit, 
     including any necessary costs of cleanup and restoration, 
     except as provided in subparagraph (C).
       (B) The authority of the Secretary to establish fees under 
     this paragraph shall include, but not be limited to, 
     authority to issue regulations that establish a schedule of 
     rates for fees under this paragraph based on such factors 
     as--
       (i) the number of people on site under a permit;
       (ii) the duration of activities under a permit;
       (iii) the conduct of activities under a permit in areas 
     designated by statute or regulations as special use areas, 
     including wilderness and research natural areas; and
       (iv) surface disturbances authorized under a permit.
       (C) The Secretary may, under the terms of the regulations 
     promulgated under paragraph (4), charge a fee below the 
     amount referred to in subparagraph (A) if the activity for 
     which the fee is charged provides clear educational or 
     interpretive benefits for the Department of the Interior.
       (3) Bonding and insurance.--The Secretary may require a 
     bond, insurance, or such other means as may be necessary to 
     protect the interests of the United States in activities 
     arising under such a permit.
       (4) Regulations.--(A) The Secretary shall issue regulations 
     implementing this subsection by not later than 180 days after 
     the date of the enactment of this title.
       (B) Within 3 years after the date of enactment of this 
     title, the Secretary shall review and, as appropriate, revise 
     regulations issued under this paragraph. After that time, the 
     Secretary shall periodically review the regulations and make 
     necessary changes.
       (b) Collection of Fees.--Fees shall be collected under 
     subsection (a) whenever the proposed filming, videotaping, 
     sound recording, or still photography involves product or 
     service advertisements, or the use of models, actors, sets, 
     or props, or when such filming, videotaping, sound recording, 
     or still photography could result in damage to resources or 
     significant disruption of normal visitor uses. Filming, 
     videotaping, sound recording or still photography, including 
     bona fide newsreel or news television film gathering, which 
     does not involve the activities or impacts identified herein, 
     shall be permitted without fee.
       (c) Existing Regulations.--The prohibition on fees set 
     forth in paragraph (1) of section 5.1(b) of title 43, Code of 
     Federal Regulations, shall cease to apply upon the effective 
     date of regulations under subsection (a). Nothing in this 
     section shall be construed to affect the regulations set 
     forth in part 5 of such title, other than paragraph (1) 
     thereof.
       (d) Proceeds.--Amounts collected as fees under this section 
     shall be available for expenditure without further 
     appropriation and shall be distributed and used, without 
     fiscal year limitation, in accordance with the formula and 
     purposes established for the Recreational Fee Demonstration 
     Program under section 315 of Public Law 104-134.
       (e) Penalty.--A person convicted of violating any 
     regulation issued under subsection (a) shall be fined in 
     accordance with title 18, United States Code, or imprisoned 
     for not more than 6 months, or both, and shall be ordered to 
     pay all costs of the proceedings.
       (f) Effective Date.--This section and the regulations 
     issued under this section shall become effective 180 days 
     after the date of the enactment of this title, except that 
     this subsection and the authority of the Secretary to issue 
     regulations under this section shall be effective on the date 
     of the enactment of this title.

             TITLE XV--BANDELIER NATIONAL MONUMENT ADDITION

     SEC. 1501. SHORT TITLE.

       This title may be cited as the ``Bandelier National 
     Monument Administrative Improvement and Watershed Protection 
     Act of 1998''.

     SEC. 1502. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that:
       (1) Bandelier National Monument (hereinafter, the Monument) 
     was established by Presidential proclamation on February 11, 
     1916, to preserve the archeological resources of a ``vanished 
     people, with as much land as may be necessary for the proper 
     protection thereof. . .'' (No. 1322; 39 Stat. 1746).
       (2) At various times since its establishment, the Congress 
     and the President have adjusted the Monument's boundaries and 
     purpose to further preservation of archeological and natural 
     resources within the Monument.
       (A) On February 25, 1932, the Otowi Section of the Santa Fe 
     National Forest (some 4,699 acres of land) was transferred to 
     the Monument from the Santa Fe National Forest (Presidential 
     Proclamation No. 1191; 17 Stat. 2503).
       (B) In December of 1959, 3,600 acres of Frijoles Mesa were 
     transferred to the National Park Service from the Atomic 
     Energy Committee (hereinafter, AEC) and subsequently added to 
     the Monument on January 9, 1991, because of ``pueblo-type 
     archeological ruins germane to those in the monument'' 
     (Presidential Proclamation No. 3388).
       (C) On May 27, 1963, Upper Canyon, 2,882 acres of land 
     previously administered by the AEC, was added to the Monument 
     to preserve ``their unusual scenic character together with 
     geologic and topographic features, the preservation of which 
     would implement the purposes'' of the Monument (Presidential 
     Proclamation No. 3539).
       (D) In 1976, concerned about upstream land management 
     activities that could result in flooding and erosion in the 
     Monument, Congress included the headwaters of the Rito de los 
     Frijoles and the Canada de Cochiti Grant (a total of 7,310 
     acres) within the Monument's boundaries (Public Law 94-578; 
     90 Stat. 2732).
       (E) In 1976, Congress created the Bandelier Wilderness, a 
     23,267 acres area that covers over 70 percent of the 
     Monument.
       (3) The Monument still has potential threats from flooding, 
     erosion, and water quality deterioration because of the mixed 
     ownership of the upper watersheds, along its western border, 
     particularly in Alamo Canyon.
       (b) Purpose.--The purpose of this title is to modify the 
     boundary of the Monument to allow for acquisition and 
     enhanced protection of the lands within the Monument's upper 
     watershed.

     SEC. 1503. BOUNDARY MODIFICATION.

       Effective on the date of enactment of this title, the 
     boundaries of the Monument shall be modified to include 
     approximately 935 acres of land comprised of the Elk Meadows 
     subdivision, the Gardner parcel, the Clark parcel, and the 
     Baca Land & Cattle Co. lands within the Upper Alamo watershed 
     as depicted on the National Park Service map entitled 
     ``Proposed Boundary Expansion Map Bandlier National 
     Monument'' dated July, 1997. Such map shall be on file and 
     available for public inspection in the offices of the 
     Director of the National Park Service, Department of the 
     Interior.

     SEC. 1504. LAND ACQUISITION.

       (a) In General.--Except as provided in subsections (b) and 
     (c), the Secretary of the Interior is authorized to acquire 
     lands and interests therein within the boundaries of the area 
     added to the Monument by this title

[[Page S12884]]

     by donation, purchase with donated or appropriated funds, 
     transfer with another Federal agency, or exchange: Provided, 
     That no lands or interests therein may be acquired except 
     with the consent of the owner thereof.
       (b) State and local lands.--Lands or interests therein 
     owned by the State of New Mexico or a political subdivision 
     thereof may only be acquired by donation or exchange.
       (c) Acquisition of less than Fee interests in Land.--The 
     Secretary may acquire less than fee interests in land only if 
     the Secretary determines that such less than fee acquisition 
     will adequately protect the Monument from flooding, erosion, 
     and degradation of its drainage waters.

     SEC. 1505. ADMINISTRATION.

       The Secretary of the Interior, acting through the Director 
     of the National Park Service, shall manage the national 
     Monument, including lands added to the Monument by this 
     title, in accordance with this title and the provisions of 
     law generally applicable to units of National Park System, 
     including the Act of August 25, 1916, an Act to establish a 
     National Park Service (39 Stat. 535; 16 U.S.C. 1, 2-4), and 
     such specific legislation as heretofore has been enacted 
     regarding the Monument.

     SEC. 1506. AUTHORIZATION OF APPROPRIATIONS.

       There is authorized to be appropriated such sums as may be 
     necessary to carry out the purpose of this title.

            TITLE XVI--MISCELLANEOUS TERRITORIES PROVISIONS

     SEC. 1601. CLARIFICATION OF ALLOTMENT FOR TERRITORIES.

       Section 901(a)(2) of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3791(a)(2)) is amended to read 
     as follows:
       ``(2) `State' means any State of the United States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Virgin Islands, American Samoa, Guam, and the Commonwealth of 
     the Northern Mariana Islands;''.

     SEC. 1602. ELIGIBILITY FOR HOUSING ASSISTANCE.

       (a) Section 214(a) of the Housing Community Development Act 
     of 1980 (42 U.S.C. 1436(a)) is amended--
       (1) by striking ``or'' at the end of paragraph (5);
       (2) by striking the period at the end of paragraph (6) and 
     inserting ``; or''; and
       (3) by adding at the end the following new paragraph:
       ``(7) an alien who is lawfully resident in the United 
     States and its territories and possessions under section 141 
     of the Compacts of Free Association between the Government of 
     the United States and the Governments of the Marshall 
     Islands, the Federated States of Micronesia (48 U.S.C. 1901 
     note) and Palau (48 U.S.C. 1932 note) while the applicable 
     section is in effect: Provided, That, within Guam and the 
     Commonwealth of the Northern Mariana Islands any such alien 
     shall not be entitled to a preference in receiving assistance 
     under this Act over any United States citizen or national 
     resident therein who is otherwise eligible for such 
     assistance.''.

           TITLE   --MISCELLANEOUS NEW MEXICO LAND TRANSFERS

     SEC.   . OLD COYOTE ADMINISTRATION SITE.

       (a) Conveyance of Property.--Not later than one year after 
     the date of enactment of this section, the Secretary of the 
     Interior (herein ``the Secretary'') shall convey to the 
     County of Rio Arriba, New Mexico (herein ``the County''), 
     subject to the terms and conditions stated in subsection (b), 
     all right, title, and interest of the United States in and to 
     the land (including all improvement on the land) known as the 
     ``Old Coyote Administrative Site'' located approximately \1/
     2\ mile east of the Village of Coyote, New Mexico, on State 
     Road 96, comprising one tract of 130..27 acres (as described 
     in Public Land Order 3730), and one tract of 276.76 acres (as 
     described in Executive Order 4599).
       (b) Term and Conditions.--
       (1) Consideration for the conveyance described in 
     subsection (a) shall be--
       (A) an amount that is consistent with the special pricing 
     program for Governmental entities under the Recreation and 
     Public Purposes Act; and,
       (B) an agreement between the Secretary and the County 
     indemnifying the Government of the United States from all 
     liability of the Government that arises from the property.
       (2) The lands conveyed by this section shall be used for 
     public purposes. If such lands cease to be used for public 
     purposes, at the option of the United States, such lands will 
     revert to the United States.
       (c) Land Withdrawals.--Land withdrawals under Public Land 
     order 3730 and Executive Order 4599 as extended in the 
     Federal Register on May 25, 1989 (54 F.R. 22629) shall be 
     revoked simultaneous with the conveyance of the property 
     under subsection (a).

     SEC.  . OLD JICARILLA ADMINISTRATIVE SITE.

       (a) Conveyance of Property.--Not later than one year after 
     the date of enactment of this section, the Secretaries of 
     Agriculture and Interior (herein ``the Secretaries'') shall 
     convey to San Juan College, in Farmington, New Mexico, 
     subject to the terms and conditions under subsection (c), all 
     right, title, and interest of the United States in and to a 
     parcel of real property (including any improvements on the 
     land) consisting of approximately ten acres known as the 
     ``Old Jicarilla Site'' located in San Juan County, New Mexico 
     (T29N; R5W; portions of Sections 29 and 30).
       (b) Description of Property.--The exact acreage and legal 
     description of the real property conveyed under subsection 
     (a) shall be determined by a survey satisfactory to the 
     Secretaries and the President of San Juan College. The cost 
     of the survey shall be borne by San Juan College.
       (c) Terms and Conditions.--
       (1) Notwithstanding exceptions of application under the 
     Recreation and Public Purposes Act (43 U.S.C. 869(c)), 
     consideration for the conveyance described in subsection (a) 
     shall be--
       (A) an amount that is consistent with the Bureau of Land 
     Management special pricing program for Governmental entities 
     under the Recreation and Public Purposes Act; and
       (B) an agreement between the Secretaries and San Juan 
     College indemnifying the Government of the United States from 
     all liability of the Government that arises from the 
     property.
       (2) The lands conveyed by this section shall be used for 
     educational and recreational purposes. If such lands cease to 
     be used for such purposes, at the option of the United 
     States, such lands will revert to the United States.
       (d) Land Withdrawals.--Public Land Order 3443, only insofar 
     as it pertains to lands described in subsections (a) and (b) 
     above, shall be revoked simultaneous with the conveyance of 
     the property under subsection (a).

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