[Congressional Record Volume 145, Number 93 (Monday, June 28, 1999)]
[Senate]
[Pages S7717-S7725]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. BINGAMAN:
  S. 1288. A bill to provide incentives for collaborative forest 
restoration projects on National Forest System and other public lands 
in New Mexico, and for other purposes; to the Committee on Energy and 
Natural Resources.


                    COMMUNITY FOREST RESTORATION ACT

  Mr. BINGAMAN. Mr. President I rise today to introduce the Community 
Forest Restoration Act of 1999. This legislation provides incentives 
for collaborative forest restoration projects on National Forest System 
and other public lands in New Mexico.
  The densely stocked stands of small diameter trees in New Mexico 
present an increasing danger of catastrophic wildfire that endangers 
peoples' lives and livelihoods. These conditions dramatically reduce 
plant and animal biological diversity, decrease watershed productivity, 
and provide fewer benefits to people. Healthy, productive watersheds 
minimize the threat of catastrophic wildfire, provide diverse wildlife 
habitat, and produce a variety of timber and non-timber products 
including better quality water and increased water flows.

[[Page S7718]]

  My goal is to promote healthy watersheds and reduce the threat of 
catastrophic wildfire, insect infestation, and disease in the forests 
in New Mexico. To do this we must restore and maintain the forest 
ecosystem by reducing the unnaturally high number of small diameter 
trees on Federal, State, and tribal forest lands, and improve the 
utilization of small diameter material.
  This legislation directs the Secretary of Agriculture to create a 
program that provides forest restoration demonstration project grants 
to community organizations. The intent of the program is to encourage 
innovation and collaboration on forest restoration projects among 
stakeholders at the local level, and provide for multi-party assessment 
of those projects.
  Forest restoration activities that empower local organizations to 
implement activities which value local and traditional knowledge can 
help build ownership and civic pride, and can lead to healthy, diverse, 
productive forest ecosystems. This approach will encourage the 
development of industries which are based on the creation and 
maintenance of healthy forest ecosystems. This bill will encourage 
sustainable community development through collaborative partnerships 
that improve communication and joint problem solving. The objective of 
these partnerships is to restore the forests of New Mexico by reducing 
the density of stands that contain an unnaturally high number of small 
diameter trees and improving the use of those trees.
  Mr. President, I ask unanimous consent to print the text of the bill 
in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record. as follows:

                                S. 1288

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Community Forest Restoration 
     Act''.

     SEC. 2. FINDINGS.

       The Congress finds the following:
       (1) forest lands in New Mexico that are densely stocked 
     with small diameter, even-aged trees can erupt in 
     catastrophic wildfire that can endanger human lives and 
     livelihoods;
       (2) forest lands that are densely stocked with small 
     diameter trees can reduce biodiversity and provide fewer 
     benefits to human communities, wildlife, and watersheds;
       (3) healthy and productive watersheds minimize the threat 
     of catastrophic wildfire, provide abundant and diverse 
     wildlife habitat, and produce a variety of timber and non-
     timber products including better quality water and increased 
     water flows;
       (4) restoration efforts are more successful when there is 
     involvement from neighboring communities and better 
     stewardship will evolve from more diverse involvement; and
       (5) designing demonstration restoration projects through a 
     collaborative approach may--
       (A) lead to the development of cost effective restoration 
     activities;
       (B) empower diverse organizations to implement activities 
     which value local and traditional knowledge;
       (C) build ownership and civic pride; and
       (D) ensure healthy, diverse, and productive forests and 
     watersheds.

     SEC. 3. PURPOSES.

       The purposes of this Act are--
       (1) to promote healthy watersheds and reduce the threat of 
     catastrophic wildfire, insect infestation, and disease in the 
     forests in New Mexico;
       (2) to improve the functioning of forest ecosystems and 
     enhance plant and wildlife biodiversity by reducing the 
     unnaturally high number and density of small diameter trees 
     on Federal, State, and tribal forest lands;
       (3) to improve communication and joint problem solving 
     among individuals and groups who are interested in restoring 
     the diversity and productivity of forested watersheds in New 
     Mexico;
       (4) to promote the use of small diameter trees; and
       (5) to encourage sustainable community and sustainable 
     forests through collaborative partnerships, whose objectives 
     are forest restoration.

     SEC. 4. DEFINITIONS.

       As used in this Act--
       (1) the term ``Secretary'' means the Secretary of 
     Agriculture acting through the Chief of the Forest Service; 
     and
       (2) the term ``stakeholder'' includes: tribal governments, 
     educational institutions, landowners, and other interested 
     public and private entities.

     SEC. 5. ESTABLISHMENT OF PROGRAM.

       (a) The Secretary shall establish a cooperative forest 
     restoration program in New Mexico in order to provide cost-
     share grants to stakeholders for experimental forest 
     restoration projects that are designed through a 
     collaborative process (hereinafter referred to as the 
     ``Collaborative Forest Restoration Program''). The Federal 
     share of an individual project cost shall not exceed eighty 
     percent of the total cost.
       (b) Eligibility Requirements.--To be eligible to receive 
     funding under this Act, a project shall--
       (1) achieve one or more of the following objectives--
       (A) reducing the danger of catastrophic wildfire and re-
     introducing natural fire regimes on Federal, State, or tribal 
     forest lands;
       (B) restoring healthy, biologically diverse, and productive 
     watersheds on Federal, State, or tribal forest lands or
       (C) improving the use of, or add value to, small diameter 
     trees;
       (2) comply with all Federal and State environmental laws;
       (3) include a diverse and balanced group of stakeholders as 
     well as appropriate Federal, State, and tribal government 
     representatives in the design, implementation, and monitoring 
     of the project;
       (4) incorporate current scientific forest restoration 
     information;
       (5) include a multi-party assessment to report, upon 
     project completion, on the impact and effectiveness of the 
     project including improvements in local management skills and 
     on the ground results;
       (6) create local employment training opportunities within 
     the context of accomplishing restoration objectives, that are 
     consistent with the purposes of this Act, including summer 
     youth jobs programs such as the Youth Conservation Corps 
     where appropriate;
       (7) not exceed four years in length;
       (8) not cost more than $150,000 annually nor $450,000 
     total;
       (9) leverage Federal funding through in-kind or matching 
     contributions; and
       (10) include an agreement by the stakeholders that they 
     will attend an annual workshop with other groups that receive 
     funding pursuant to this Act.

     SEC. 6. SELECTION PROCESS.

       (a) After consulting with the technical advisory panel 
     established in subsection (b), the Secretary shall select the 
     proposals that will receive funding through the Collaborative 
     Forest Restoration Program.
       (b) The Secretary shall convene a technical advisory panel 
     to evaluate the proposals for forest restoration grants and 
     provide recommendations regarding which proposals would best 
     meet the objectives of the Collaborative Forest Restoration 
     Program. The technical advisory panel shall consider current 
     scientific forest restoration information, the effect on long 
     term management, and seek to use a consensus-based decision 
     making process to develop such recommendations. The panel 
     shall be composed of 12 to 15 members to be appointed by the 
     Secretary as follows:
       (1) a State Natural Resource official from the State of New 
     Mexico;
       (2) at least two representatives from Federal land 
     management agencies;
       (3) at least one tribal or pueblo representative;
       (4) at least one academic or other scientist, qualified to 
     address issues of southwestern forest ecology; and
       (5) equal representation from
       (1) conservation interests;
       (2) local communities; and
       (3) commodity interests.

     SEC. 7. MONITORING AND EVALUATION.

       The Secretary shall establish a multi-party monitoring and 
     evaluation process in order to assess the cumulative 
     accomplishments of the Collaborative Forest Restoration 
     Program. The Secretary shall include any interested 
     individual or organization in the monitoring and evaluation 
     process.

     SEC. 8. REPORT.

       No later than five years after the first fiscal year in 
     which funding is made available for this program, the 
     Secretary shall submit a report to the Committee on Energy 
     and Natural Resources of the United States House of 
     Representatives. The report shall include an assessment on 
     whether, and to what extent, the projects funded pursuant to 
     this Act are meeting the purposes of the Collaborative Forest 
     Restoration Program.
                                 ______
                                 
      By Mr. SESSIONS (for himself and Mr. Coverdell):
  S. 1289. A bill to amend the Internal Revenue Code of 1986 to provide 
that the capital gain treatment under section 631(b) of such Code shall 
apply to outright sales of timber held for more than 1 year; to the 
Committee on Finance.


                 timber tax simplification act of 1999

  Mr. SESSIONS. Mr. President, I rise today to introduce legislation 
which will simplify and update a provision of the Tax Code that affects 
the sale of timber. It is both a simplification measure and a fairness 
measure. We call it the Timber Tax Simplification Act of 1999.
  Under the current law, landowners who are occasional sellers of 
timber are often classified by the Internal Revenue Service as 
``dealers.'' As a result, the small landowner is forced to choose, 
because of the Tax Code, a method of selling timber that they

[[Page S7719]]

may not prefer. Fundamentally, there are two methods of selling timber. 
The first method is known as ``lump sum'' sales, and it is the most 
popular, but it is subject to a higher tax rate. The second method, 
pay-as-cut sales, allows for lower capital gains treatment but results 
in the landowner having to accept unnecessary risks throughout the 
timber selling process.
  Why, one might ask, do these conflicting incentives exist for our 
Nation's timber growers? Earlier in the century, outright, or ``lump 
sum,'' sales on a cash advance basis were associated with a ``cut-and-
run'' mentality that did not promote good forest management. ``Pay-as-
cut'' sales, in which a timber owner is only paid for timber as it is 
actually harvested and taken to the mill, were associated with 
``enlightened'' resource management. Consequently, Congress, in 1943, 
in an effort to provide an incentive for this preferred method, passed 
legislation that allowed capital gains treatment under section 631(b) 
of the IRS Code for ``pay-as-cut'' plan sales, leaving the ``lump sum'' 
sales to pay a much higher rate of tax. It is said that President 
Roosevelt was not in favor of the bill and almost vetoed it. 
Ultimately, however, he signed it into law.
  Today, however, section 631(b), along with many other provisions of 
the IRS Code, is completely outdated. Forest management practices are 
much different from what they were in 1943, and ``lump sum'' sales are 
no longer associated with poor forest management. Indeed, there is very 
little poor forest management today. People recognize the value of 
timberland, and timber is almost never cut without being properly 
replanted. While there are occasional special situations when other 
methods may be more appropriate, most timber owners prefer the ``lump 
sum'' method, over the ``pay-as-cut'' method.
  The reasons are simple. When a timber sale is entered into, the title 
to the timber is transferred on the closing of the sale. Once a 
contract is assigned, the buyer, who is often a corporation, a sawmill, 
or a corporate timber company, assumes the risk of any physical loss to 
the timber due to fire, insects, disease, or storms. Furthermore, the 
price to be paid for the timber is determined and received by the 
landowner at the time of the sale.
  In addition, such a ``lump sum'' sale best protects the rights of the 
landowner, by preventing delays not only in the actual cutting and 
harvesting of the timber, but in the receiving of payments.
  Unfortunately, in order for timber owners to qualify for the 
favorable capital gains treatment, they are virtually forced to market 
their timber on a ``pay-as-cut'' basis under section 631(b), which 
requires landowners to sell their timber with a ``retained economic 
interest.'' This means that the landowner, not the buyer, must bear the 
risk of any physical loss during the time period contracted with the 
buyer to harvest the timber. Furthermore, the buyer pays for only the 
timber that is actually harvested. As a result, this type of sale can 
be subject to fraud and abuse by the timber buyer.
  Since the buyer pays only for the timber that is removed and scaled, 
there is an incentive to waste poor quality timber--by breaking the 
tree during the logging process--underscale the timber, or remove the 
timber without scaling.
  Many different valuation methods can be utilized by sophisticated 
buyers against a landowner; the landowner may not fully realize how the 
timber is being priced, and even then he is paid only when the timber 
is delivered to the mill at a certain complicated rate.
  But because 631(b) provides for the favorable tax treatment, many 
landowners are forced into exposing themselves to unnecessary risk of 
loss and complications by having to market their timber in this manner 
instead of the more preferred ``lump-sum'' method.
  Like many of the provisions in the Tax Code, section 631(b) is 
outdated and prevents good forestry management. Timber farmers, that 
have usually spent decades producing their crop, should be able to 
receive equal tax treatment regardless of the method used for marketing 
their timber.
  The IRS has no business--and, in effect, it does--stepping in and 
dictating the kind of sales contract a landowner must choose.
  The legislation I have introduced will provide greater consistency by 
removing the exclusive ``retained economic interest'' requirement in 
the Internal Revenue Code section 631(b). This change has been 
supported or suggested by a number of groups for tax simplification 
purposes, including positive comments from Internal Revenue Service 
officials who have indicated they see no reason for this present law.
  The Joint Committee on Taxation has studied this legislation to 
consider what impact it might have on the Treasury and found that it 
would have no real cost--only a ``negligible impact'' according to 
their analysis.
  Reform of 631(b) is important to our Nation's nonindustrial, private 
landowners because it will improve the economic viability of their 
forestry investments and protect the taxpayer from unnecessary exposure 
to risk of loss. This in turn will benefit the entire forest products 
industry, the U.S. economy, and especially the small landowners.
  So I urge my colleagues to join me and Senator Paul Coverdell, of 
Georgia, who is a cosponsor of this legislation, in this effort to 
simplify the Tax Code and to promote good forestry management.
  There is simply no longer any need for this bizarre, complex tax 
regulation that is driving individual landowners to make choices they 
would not otherwise make. Choices that cost them money and 
unnecessarily shift risk in a way that ought to be decided among the 
parties--the buyer and the seller--and not the Internal Revenue 
Service.
                                 ______
                                 
      By Mr. INOUYE (for himself, Mr. Domenici, Mr. Dorgan, Mr. Conrad, 
        Mr. Bingaman, Mr. Johnson, Mr. Daschle, and Mr. Akaka):
  S. 1290. A bill to amend title 36 of the United States Code to 
establish the American Indian Education Foundation, and for other 
purposes; to the Committee on Indian Affairs.


                  American Indian Education Foundation

 Mr. INOUYE. Mr. President, I rise today to introduce a bill to 
establish an American Indian Education Foundation. I am joined by 
Senators Domenici, Dorgan, Conrad, Bingaman, Johnson, Daschle and Akaka 
as sponsors of this measure, because we believe that this foundation 
will help American Indian and Alaska native students immeasurably in 
the years to come.
  The foundation will be a charitable, non-profit corporation that 
would be authorized to: (1) encourage, accept, and administer private 
gifts in support of the bureau of Indian Affairs' (BIA) Office of 
Indian Education; (2) conduct activities that will further educational 
opportunities of American Indians and Alaskan natives attending BIA 
schools; and (3) assist Federal, State, tribal, and individual entities 
that will further the educational opportunities of American Indians and 
Alaskan natives attending BIA schools.
  Similar foundations, such as the National Park Foundation and the 
National Fish and Wildlife Foundation have been extremely successful 
over the past several years. This foundation is modeled after those 
foundations.
  Indian children are the most important resource in native America. 
And while the bureau's elementary and secondary education facilities 
and curricula have improved over the past few years, there is still 
much that can be done to make the learning environment a better place 
for Indian students.
  We want to motivate tribal students to look forward to school every 
day. We want them to be eager about learning. But realizing these 
objectives is difficult when students are forced to learn in 
dilapidated buildings with outdated books and broken-down or no 
computer equipment. The foundation will be a start in helping to 
address these problems.
  There are many Americans who have asked how they can contribute to 
the education of Indian students, but currently, there is no formal 
mechanism that would enable private resources to be dedicated to the 
support of the bureau schools. The foundation would serve as a means 
for channeling private resources to provide that much-needed support.
  Considerable thought has gone into the composition of the foundation. 
The board will consist of eleven directors

[[Page S7720]]

who must be knowledgeable and experienced in American Indian education. 
The Secretary of the Interior and the Assistant Secretary of Indian 
Affairs will both serve as ex officio non-voting members.
  The foundation would be based in the District of Columbia and will 
meet at least once annually. The foundation will submit an annual 
report of its proceedings and activities to the Congress.
  Mr. President, we feel that the foundation will provide greatly-
needed opportunities to American Indian and Alaskan native students, 
and would urge our colleagues to support this measure.
 Mr. DOMENICI. Mr. President, I am pleased to join Senator 
Inouye in sponsoring this legislation to establish the American Indian 
Education Foundation.
  Similar foundations exist for national parks and national fish and 
wildlife purposes. Many Americans leave assets to benefit American 
Indians, but there is currently no national foundation to encourage 
this type of giving for the benefit of Indian children in BIA schools.
  The American Indian Education Foundation would primarily benefit 
elementary and secondary American Indian students with books, 
computers, school supplies, cultural preservation programs, literacy 
programs, and many other worthwhile activities.
  There is already a pool of about $400,000 held by the Office of 
Indian Education in the Bureau of Indian Affairs (BIA). These personal 
assets have been donated over the years for Indian students, but there 
is no legal mechanism to transfer these funds to BIA schools. This 
legislation would allow the BIA to direct these funds to BIA schools to 
meet immediate education needs of today's Indian students.
  I am proud to encourage this kind of targeted giving, and I am 
optimistic about its potential. America is a generous nation. As more 
Americans become aware of the spectrum of needs at BIA schools on 
Indian reservations, I predict a huge success for this important 
foundation.
  I commend the Administration for developing this legislation, and I 
thank my friend Senator Inouye for taking the initiative to move it 
forward in the Senate.
  I urge my colleagues to encourage private gifts to national Indian 
education purposes by supporting this proposed foundation.
                                 ______
                                 
      By Mr. COCHRAN:
  S. 1293. A bill to establish a Congressional Recognition for 
Excellence in Arts Education Board; to the Committee on Health, 
Education, Labor, and Pensions.


     congressional recognition for excellence in arts education act

  Mr. COCHRAN. Mr. President, today I am pleased to introduce the 
Congressional Recognition for Excellence in Arts Education Act. The act 
establishes awards for schools that include the arts in their regular 
curriculum.
  When Congress passed the Improving America's Schools Act in 1994, we 
found ``that the arts are forms of understanding and ways of knowing 
that are fundamentally important to education.'' Since then, many 
professional studies have been published about the relationship of arts 
education to brain development, student achievement, career potential 
and other life quality issues.
  The 1997 National Assessment of Educational Progress (NAEP) Arts 
Report Card was the first ever assessment of the effects of specific 
arts instruction and the level of fine arts skills in American 
students. The assessment found that music and visual arts were more 
likely to be taught than theater or dance, but the percentages of 
students actually in classes and their achievement varied widely. The 
report card showed that instruction improved competency and literacy; 
and without it, very few students were able to create or perform at an 
advanced or adequate level. This report card makes clear that attaining 
knowledge and skill in the arts is no different from becoming 
proficient in any school subject. While a few students are gifted, most 
have to be taught in order to discover and use our abilities. And 
gifted students also need training and learning opportunities.
  The evidence of the positive effects of arts education on overall 
scholastic achievement is an incentive for students, parents and 
schools to support serious sequential course work. In 1997, The College 
Board reported that high school students with four or more years of 
arts instruction scored over 100 points higher on the Scholastic 
Aptitude Test than students with no arts instruction. And according to 
the medical publication, Neurological Research, a California study 
determined that young children with six months of keyboard instruction 
performed 34% higher on tests measuring temporal-spatial ability than 
other children.
  Arts activity has been shown to lower the likelihood of delinquent 
behavior. In 1996, the Department of Justice and the National Endowment 
for the Arts began a project called YouthARTS, which developed model 
after-school arts programs for teenagers. The evaluation of programs in 
Fulton County, Georgia; Portland, Oregon; and San Antonio, Texas found 
that YouthARTS participants significantly decreased their delinquent 
behavior, increased their communication skills, and improved their 
ability to complete tasks. The National Dropout Prevention Center 
reported that school arts classes and activities encourage attendance 
and achievement of at-risk high school students.
  Programs teaching arts in schools differ widely from state to state, 
and from district to district within a state. The effectiveness of the 
programs also varies. The Arts Education Partnership is a private, 
nonprofit coalition of education, arts, business, philanthropic, and 
government organizations that demonstrates and promotes the essential 
role of arts education in enabling all students to succeed in school, 
life, and work. It was formed in 1995 through a cooperative agreement 
between the National Endowment for the Arts, the United States 
Education Department, the National Assembly of State Arts Agencies, and 
the Council of Chief State School Officers.
  Mr. President, earlier this year, the Arts Education Partnership, 
with the President's Committee on the Arts and Humanities, released a 
report titled, Gaining the Arts Advantage: Lessons From School 
Districts that Value Arts Education. It is a national study of arts 
education in schools. Thirteen ``critical success factors'' of 
district-wide arts education programs were identified. The introduction 
to the report summarizes the findings this way, ``the presence and 
quality of arts education in public schools today require an 
exceptional degree of involvement by influential segments of 
the community which value the arts in the total affairs of the school 
district: in governance, funding, and program delivery.''

  The report profiles 91 American school districts with successful arts 
curriculum programs. I was very pleased to find the Hattiesburg and 
Starkville, Mississippi school districts featured in the report.
  Outside funding and the success of classes in music, drama, dance and 
visual arts has turned the arts into a priority in the Hattiesburg 
Public School District budget. Hattiesburg superintendent Dr. Gordon 
Walker views arts as a school responsibility to ensure that, ``all 
students' lives are enriched and enhanced through academic achievement 
in the arts.''
  Starkville's K-12 arts programs include: theater, visual arts, music 
labs, television and graphic arts. Other features in their arts 
education plan are a design program that brings university architecture 
students to an elementary school and an after school program funded by 
a U.S. Department of Education grant. Joyce Polk, Starkville School 
District arts coordinator explained that a comprehensive arts 
education, ``. . . improves academic achievement and results in the 
development of well-rounded students who are able to leave rural 
Mississippi and compete in prestigious college and university 
environments.'' She also attributes arts opportunities in the schools 
with a higher quality of life for all community members, an 
understanding between diverse ethnic and cultural groups, a common bond 
among students, and long term healthy lifestyles. I am proud of these 
school districts and the example they set for other American school 
districts.
  An example of innovative efforts to support excellence and commitment 
in arts instruction is the Mississippi Arts Commission's Whole Schools 
Institute,

[[Page S7721]]

which began this year. The institute at Millsaps College in Jackson, 
Mississippi, is a week of professional development in teaching, 
planning and implementing new curriculum. School teams of over 150 
superintendents, principals, teachers, community and business leaders 
had one-on-one training with nationally renowned arts educators, child 
and brain development researchers and arts professionals.
  By recognizing the importance of arts instruction, I hope that we 
make arts classes in schools as common as English or math. My bill 
establishes the Congressional Recognition for Excellence in Arts 
Education (CREATE) Awards and a board to direct the activities needed 
to promote it, to encourage arts curriculum, and to determine eligible 
schools.
  Mr. President, vision and excellence can't be mandated, but through 
legislation, such as the Congressional Recognition for Excellence in 
Arts Education Act, we can reward it.
  I ask unanimous consent that a copy of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1293

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled, 

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Congressional Recognition 
     for Excellence in Arts Education Act''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Arts literacy is a fundamental purpose of schooling for 
     all students.
       (2) Arts education stimulates, develops, and refines many 
     cognitive and creative skills, critical thinking and 
     nimbleness in judgment, creativity and imagination, 
     cooperative decisionmaking, leadership, high-level literacy 
     and communication, and the capacity for problem-posing and 
     problem-solving.
       (3) Arts education contributes significantly to the 
     creation of flexible, adaptable, and knowledgeable workers 
     who will be needed in the 21st century economy.
       (4) Arts education improves teaching and learning.
       (5) Where parents and families, artists, arts 
     organizations, businesses, local civic and cultural leaders, 
     and institutions are actively engaged in instructional 
     programs, arts education is more successful.
       (6) Effective teachers of the arts should be encouraged to 
     continue to learn and grow in mastery of their art form as 
     well as in their teaching competence.
       (7) The 1999 study, entitled ``Gaining the Arts Advantage: 
     Lessons from School Districts that Value Arts Education'', 
     found that the literacy, education, programs, learning and 
     growth described in paragraphs (1) through (6) contribute to 
     successful districtwide arts education.
       (8) Despite all of the literacy, education, programs, 
     learning and growth findings described in paragraphs (1) 
     through (6), the 1997 National Assessment of Educational 
     Progress reported that students lack sufficient opportunity 
     for participatory learning in the arts.
       (9) The Arts Education Partnership, a coalition of national 
     and State education, arts, business, and civic groups has 
     demonstrated its effectiveness in addressing the purposes 
     described in section 5(a) and the capacity and credibility to 
     administer arts education programs of national significance.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Arts education partnership.--The term ``Arts Education 
     Partnership'' (formerly known as the Goals 2000 Arts 
     Education Partnership) is a private, nonprofit coalition of 
     education, arts, business, philanthropic, and government 
     organizations that--
       (A) demonstrates and promotes the essential role of arts 
     education in enabling all students to succeed in school, 
     life, and work; and
       (B) was formed in 1995 through a cooperative agreement 
     among--
       (i) the National Endowment for the Arts;
       (ii) the Department of Education;
       (iii) the National Assembly of State Arts Agencies; and
       (iv) the Council of Chief State School Officers.
       (2) Board.--The term ``Board'' means the Congressional 
     Recognition for Excellence in Arts Education Awards Board 
     established under section 4.
       (3) Elementary school; secondary school.--The terms 
     ``elementary school'' and ``secondary school'' mean--
       (A) a public or private elementary school or secondary 
     school (as the case may be), as defined in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801); or
       (B) a bureau funded school as defined in section 1146 of 
     the Education Amendments of 1978 (25 U.S.C. 2026).
       (4) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, the Commonwealth of the Northern 
     Mariana Islands, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau.

     SEC. 4. ESTABLISHMENT OF BOARD.

       There is established as an independent establishment of the 
     Federal Government a Congressional Recognition for Excellence 
     in Arts Education Awards Board. The Board shall be 
     responsible for administering the awards program described in 
     section 5.

     SEC. 5. BOARD DUTIES.

       (a) Awards Program Established.--The Board shall establish 
     and administer an awards program to be known as the 
     ``Congressional Recognition for Excellence in Arts Education 
     Awards Program''. The purpose of the program shall be to--
       (1) celebrate the positive impact and public benefits of 
     the arts;
       (2) encourage all elementary schools and secondary schools 
     to integrate the arts into the school curriculum;
       (3) spotlight the most compelling evidence of the 
     relationship between the arts and student learning;
       (4) demonstrate how community involvement in the creation 
     and implementation of arts policies enriches the schools;
       (5) recognize school administrators and faculty who provide 
     quality arts education to students;
       (6) acknowledge schools that provide professional 
     development opportunities for their teachers;
       (7) create opportunities for students to experience the 
     relationship between early participation in the arts and 
     developing the life skills necessary for future personal and 
     professional success;
       (8) increase, encourage, and ensure comprehensive, 
     sequential arts learning for all students; and
       (9) expand accessibility of the arts to schools in every 
     community.
       (b) Duties.--
       (1) School awards.--The Board shall--
       (A) make annual awards to elementary schools and secondary 
     schools in the States in accordance with criteria established 
     under subparagraph (B), which awards--
       (i) shall be of such design and materials as the Board may 
     determine, including a well-designed certificate or a work of 
     art, designed for the awards event by an appropriate artist; 
     and
       (ii) shall be reflective of the dignity of Congress;
       (B) establish criteria required for a school to receive the 
     award, and establish such procedures as may be necessary to 
     verify that the school meets the criteria, which criteria 
     shall include 3 of the following:
       (i) the school provides comprehensive, sequential arts 
     learning and integrates the arts throughout the curriculum;
       (ii) the community serving the school is actively involved 
     in shaping and implementing the arts policies and programs of 
     the school;
       (iii) the school principal supports the policy of arts 
     education for all students;
       (iv) arts teachers in the school are encouraged to learn 
     and grow in mastery of their art form as well as in their 
     teaching competence;
       (v) the school actively encourages the use of arts 
     assessment techniques for improving student, teacher, and 
     administrative performance; and
       (vi) school leaders engage the total school community in 
     arts activities that create a climate of support for arts 
     education; and
       (C) include, in the procedures necessary for verification 
     that a school meets the criteria described in subparagraph 
     (B), written evidence of the specific criteria, and 
     supporting documentation, that includes--
       (i) three letters of support for the school, of which--

       (I) one shall be from the school's Parent Teacher 
     Association (PTA);
       (II) one shall be from community leaders, such as elected 
     or appointed officials; and
       (III) one shall be from arts organizations or institutions 
     in the community that partner with the school; and

       (ii) the completed application for the award signed by the 
     principal or other education leader such as a school district 
     arts coordinator, school board member, or school 
     superintendent;
       (D) determine appropriate methods for disseminating 
     information about the program and make application forms 
     available to schools, which methods may include--
       (i) the Arts Education Partnership web site and 
     publications;
       (ii) the Department of Education Community Update 
     newsletter;
       (iii) websites and publications of the Arts Education 
     Partnership steering committee members;
       (iv) press releases, public service announcements and other 
     media opportunities; and
       (v) direct communication by postal mail, or electronic 
     means;
       (E) delineate such roles as the Board considers to be 
     appropriate for the Director in administering the program, 
     and set forth in the bylaws of the Board the duties, salary, 
     and benefits of the Director;
       (F) raise funds for the operation of the program;
       (G) determine, and inform Congress regarding, the national 
     readiness for interdisciplinary individual student awards 
     described in paragraph (2), on the basis of the 1997 National 
     Assessment of Educational Progress arts education achievement 
     levels; and

[[Page S7722]]

       (H) take such other actions as may be appropriate for the 
     administration of the Congressional Recognition for 
     Excellence in Arts Education Awards Program.
       (2) Student awards.--
       (A) In general.--At such time as the Board determines 
     appropriate, the Board--
       (i) shall make annual awards to elementary school and 
     secondary school students for individual interdisciplinary 
     arts achievement; and
       (ii) establish criteria for the making of the awards.
       (B) Award model.--The Board may use as a model for the 
     awards the Congressional Award Program and the President's 
     Physical Fitness Award Program.
       (c) Presentation.--The Board shall arrange for the 
     presentation of awards under this section to the recipients 
     and shall provide for participation by Members of Congress in 
     such presentation, when appropriate.
       (d) Date of Announcement.--The Board shall determine an 
     appropriate date or dates for announcement of the awards 
     under this section, which date shall coincide with a National 
     Arts in Schools Week or similarly designated day, week or 
     month, if such designation exists.
       (e) Report.--
       (1) In general.--The Board shall prepare and submit an 
     annual report to Congress not later than March 1 of each year 
     summarizing the activities of the Congressional Recognition 
     for Excellence in Arts Education Awards Program during the 
     previous year and making appropriate recommendations for the 
     program. Any minority views and recommendations of members of 
     the Board shall be included in such reports.
       (2) Contents.--The annual report shall contain the 
     following:
       (A) Specific information regarding the methods used to 
     raise funds for the Congressional Recognition for Excellence 
     in Arts Education Awards Program and a list of the sources of 
     all money raised by the Board.
       (B) Detailed information regarding the expenditures made by 
     the Board, including the percentage of funds that are used 
     for administrative expenses.
       (C) A description of the programs formulated by the 
     Director under section 7(b)(1), including an explanation of 
     the operation of such programs and a list of the sponsors of 
     the programs.
       (D) A detailed list of the administrative expenditures made 
     by the Board, including the amounts expended for salaries, 
     travel expenses, and reimbursed expenses.
       (E) A list of schools given awards under the program, and 
     the city, town, or county, and State in which the school is 
     located.
       (F) An evaluation of the state of arts education in 
     schools, which may include anecdotal evidence of the effect 
     of the Congressional Recognition for Excellence in Arts 
     Education Awards Program on individual school curriculum.
       (G) On the basis of the findings described in section 2 and 
     the purposes of the Congressional Recognition for Excellence 
     in Arts Education Awards Program described in section 5(a), a 
     recommendation regarding the national readiness to make 
     individual student awards under subsection (b)(2).

     SEC. 6. COMPOSITION OF BOARD.

       (a) Composition.--
       (1) In general.--The Board shall consist of 24 members as 
     follows:
       (A) Two Members of the Senate appointed by the Majority 
     Leader of the Senate.
       (B) Two Members of the Senate appointed by the Minority 
     Leader of the Senate.
       (C) Two Members of the House of Representatives appointed 
     by the Speaker of the House of Representatives.
       (D) Two Members of the House of Representatives appointed 
     by the Minority Leader of the House of Representatives.
       (E) The Director of the Board, who shall serve as a 
     nonvoting member.
       (F) Fifteen members appointed by the Arts Education 
     Partnership steering committee from among representatives of 
     the Arts Education Partnership.
       (2) Special rule.--In making appointments to the Board, the 
     individuals and entity making the appointments under 
     paragraph (1) shall consider recommendations submitted by any 
     interested party, including any member of the Board.
       (3) Interest.--
       (A) In general.--Members of Congress appointed to the Board 
     shall have an interest in 1 of the purposes described in 
     section 5(a).
       (B) Diversity.--Representatives of the Arts Education 
     Partnership appointed to the Board shall represent the 
     diversity of that organization's membership, so that artistic 
     and education professionals are represented in the membership 
     of the Board.
       (b) Terms.--Members of the Board shall serve for terms of 6 
     years, except that of the members first appointed--
       (1) one Member of the House of Representatives, 1 Member of 
     the Senate, and 3 members of the Arts Education Partnership 
     shall serve for terms of 2 years;
       (2) one Member of the House of Representatives, 1 Member of 
     the Senate, and 4 members of the Arts Education Partnership 
     shall serve for terms of 4 years; and
       (3) two Members of the House of Representatives, 2 Members 
     of the Senate, and 8 representatives of the Arts Education 
     Partnership shall serve for terms of 6 years,
     as determined by lot when all such members have been 
     appointed.
       (c) Vacancy.--
       (1) In general.--Any vacancy in the membership of the Board 
     shall be filled in the same manner in which the original 
     appointment was made.
       (2) Term.--Any member appointed to fill a vacancy occurring 
     before the expiration of the term for which the member's 
     predecessor was appointed shall be appointed only for the 
     remainder of such term.
       (3) Extension.--Any appointed member of the Board may 
     continue to serve after the expiration of the member's term 
     until the member's successor has taken office.
       (4) Special rule.--Vacancies in the membership of the Board 
     shall not affect the Board's power to function if there 
     remain sufficient members of the Board to constitute a quorum 
     under subsection (d).
       (d) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.
       (e) Compensation.--Members of the Board shall serve without 
     pay but may be compensated for reasonable travel expenses 
     incurred by the members in the performance of their duties as 
     members of the Board.
       (f) Meetings.--The Board shall meet annually at the call of 
     the Chairperson and at such other times as the Chairperson 
     may determine to be appropriate. The Chairperson shall call a 
     meeting of the Board whenever \1/3\ of the members of the 
     Board submit written requests for such a meeting.
       (g) Officers.--The Chairperson and the Vice Chairperson of 
     the Board shall be elected from among the Members of Congress 
     serving on the Board, by a majority vote of the members of 
     the Board, for such terms as the Board determines. The Vice 
     Chairperson shall perform the duties of the Chairperson in 
     the absence of the Chairperson.
       (h) Committees.--
       (1) In general.--The Board may appoint such committees, and 
     assign to the committees such functions, as may be 
     appropriate to assist the Board in carrying out its duties 
     under this Act. Members of such committees may include the 
     members of the Board or such other qualified individuals as 
     the Board may select.
       (2) Special rule.--Any employee or officer of the Federal 
     Government may serve as a member of a committee created by 
     the Board, but may not receive compensation for services 
     performed for such a committee.
       (i) Bylaws and Other Requirements.--The Board shall 
     establish such bylaws and other requirements as may be 
     appropriate to enable the Board to carry out the Board's 
     duties under this Act.

     SEC. 7. ADMINISTRATION.

       (a) In General.--In the administration of the Congressional 
     Recognition for Excellence in Arts Education Awards Program, 
     the Board shall be assisted by a Director, who shall be the 
     principal executive of the program and who shall supervise 
     the affairs of the Board. The Director shall be nominated by 
     the Arts Education Partnership steering committee and 
     appointed by a majority vote of the Board.
       (b) Director's Responsibilities.--The Director shall, in 
     consultation with the Board--
       (1) formulate programs to carry out the policies of the 
     Congressional Recognition for Excellence in Arts Education 
     Awards Program;
       (2) establish such divisions within the Congressional 
     Recognition for Excellence in Arts Education Awards Program 
     as may be appropriate; and
       (3) employ and provide for the compensation of such 
     personnel as may be necessary to carry out the Congressional 
     Recognition for Excellence in Arts Education Awards Program, 
     subject to such policies as the Board shall prescribe under 
     its bylaws.
       (c) Application.--Each school or student desiring a grant 
     under this Act shall submit an application to the Board at 
     such time, in such manner and accompanied by such information 
     as the Board may require.

     SEC. 8. LIMITATIONS.

       (a) In General.--Subject to such limitations as may be 
     provided for under this section, the Board may take such 
     actions and make such expenditures as may be necessary to 
     carry out the Congressional Recognition for Excellence in 
     Arts Education Awards Program, except that the Board shall 
     carry out its functions and make expenditures with only such 
     resources as are available to the Board from the 
     Congressional Recognition for Excellence in Arts Education 
     Awards Trust Fund pursuant to section 10(e), and from sources 
     other than the Federal Government.
       (b) Contracts.--The Board may enter into such contracts as 
     may be appropriate to carry out the business of the Board, 
     but the Board may not enter into any contract which will 
     obligate the Board to expend an amount greater than the 
     amount available to the Board for the purpose of such 
     contract during the fiscal year in which the expenditure is 
     made.
       (c) Gifts.--The Board may seek and accept, from sources 
     other than the Federal Government, funds and other resources 
     to carry out the Board's activities. The Board may not accept 
     any funds or other resources that are--
       (1) donated with a restriction on their use unless such 
     restriction merely provides that such funds or other 
     resources be used in furtherance of the Congressional 
     Recognition for Excellence in Arts Education Awards Program; 
     or
       (2) donated subject to the condition that the identity of 
     the donor of the funds or resources shall remain anonymous.
       (d) Volunteers.--The Board may accept and utilize the 
     services of voluntary, uncompensated personnel.

[[Page S7723]]

       (e) Real or Personal Property.--The Board may lease (or 
     otherwise hold), acquire, or dispose of real or personal 
     property necessary for, or relating to, the duties of the 
     Board.
       (f) Prohibitions.--The Board shall have no power--
       (1) to issue bonds, notes, debentures, or other similar 
     obligations creating long-term indebtedness;
       (2) to issue any share of stock or to declare or pay any 
     dividends; or
       (3) to provide for any part of the income or assets of the 
     Board to inure to the benefit of any director, officer, or 
     employee of the Board except as reasonable compensation for 
     services or reimbursement for expenses.

     SEC. 9. AUDITS.

       The financial records of the Board may be audited by the 
     Comptroller General of the United States at such times as the 
     Comptroller General may determine to be appropriate. The 
     Comptroller General, or any duly authorized representative of 
     the Comptroller General, shall have access for the purpose of 
     audit to any books, documents, papers, and records of the 
     Board (or any agent of the Board) which, in the opinion of 
     the Comptroller General, may be pertinent to the 
     Congressional Recognition for Excellence in Arts Education 
     Awards Program.

     SEC. 10. TERMINATION.

       The Board shall terminate 6 years after the date of 
     enactment of this Act. The Board shall set forth, in its 
     bylaws, the procedures for dissolution to be followed by the 
     Board.

     SEC. 11. TRUST FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``Congressional Recognition for Excellence in Arts Education 
     Awards Trust Fund''. The fund shall consist of amounts 
     appropriated to the fund pursuant to section 12 and amounts 
     credited to the fund under subsection (d).
       (b) Investment of Fund Assets.--
       (1) In general.--It shall be the duty of the Secretary of 
     the Treasury to invest in full the amounts appropriated to 
     the fund. Such investments may be made only in interest-
     bearing obligations of the United States or in obligations 
     guaranteed as to both principal and interest by the United 
     States. For such purpose, such obligations may be acquired on 
     original issue at the issue price or by purchase of 
     outstanding obligations at the marketplace.
       (2) Special rule.--The purposes for which obligations of 
     the United States may be issued under the Second Liberty Bond 
     Act are hereby extended to authorize the issuance at par of 
     special obligations exclusively to the fund. Such special 
     obligations shall bear interest at a rate equal to the 
     average rate of interest, computed as to the end of the 
     calendar month next preceding the date of such issue, borne 
     by all marketable interest-bearing obligations of the United 
     States then forming a part of the public debt, except that 
     when such average rate is not a multiple of \1/8\ of 1 
     percent, the rate of interest of such special obligations 
     shall be the multiple of \1/8\ of 1 percent next lower than 
     such average rate. Such special obligations shall be issued 
     only if the Secretary determines that the purchase of other 
     interest-bearing obligations of the United States, or of 
     obligations guaranteed as to both principal and interest by 
     the United States on original issue or at the market price, 
     is not in the public interest.
       (c) Authority To Sell Obligations.--Any obligation acquired 
     by the fund (except special obligations issued exclusively to 
     the fund) may be sold by the Secretary of the Treasury at the 
     market price, and such special obligations may be redeemed at 
     par plus accrued interest.
       (d) Proceeds From Certain Transactions Credited to Fund.--
     The interest on, and the proceeds from the sale or redemption 
     of, any obligations held in the fund shall be credited to and 
     form a part of the fund.
       (e) Expenditures From Trust Fund.--The Secretary of the 
     Treasury is authorized to pay to the Board from the interest 
     and earnings of the fund such sums as the Board determines 
     are necessary and appropriate to enable the Board to carry 
     out this Act.

     SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the 
     Congressional Recognition for Excellence in Arts Education 
     Awards Trust Fund established under section 11, $1,000,000 
     during the period beginning with fiscal year 2001 and ending 
     with fiscal year 2005.
                                 ______
                                 
      By Mr. DASCHLE (for Mr. Lautenberg (for himself, Mr. Torricelli, 
        and Mr. Santorum)):
  S. 1296. A bill to designate portions of the lower Delaware River and 
associated tributaries as a component of the National Wild and Scenic 
Rivers System; to the Committee on Energy and Natural Resources.


               lower delaware wild and scenic rivers act

 Mr. LAUTENBERG. Mr. President, today I am introducing 
legislation to designate the Lower Delaware River as a National Wild 
and Scenic River. I am pleased to be joined by Senators Torricelli and 
Santorum in sponsoring this legislation.
  Under the Wild and Scenic Rivers Act, designation as a Wild and 
Scenic River is reserved for free flowing rivers with at least one 
``outstandingly remarkable'' resource value such as exceptional 
scenery, recreational opportunities, fisheries and wildlife, historic 
site, or cultural resources. Mr. President, the Lower Delaware River 
has several ``outstandingly remarkable'' resources of national 
significance and will make a fine addition to the National Wild and 
Scenic River System.
  Henry Hudson called the Delaware River ``one of the best, finest, and 
pleasantest rivers of the world.'' The river begins in the Catskill 
Mountains and flows south some 300 miles through forested mountains, 
farmlands, historic towns, suburban and urban communities, industrial 
complexes and extensive wetlands as it nears the Atlantic Ocean. 
Although it is one of the largest rivers in the densely populated 
Northeast, the river retains much of its natural beauty. Woodlands 
still cover many of the river's islands, the coast's steeply sloping 
hills and cliffs, and much of its floodplain along both sides of the 
river. Threatened and endangered species, such as bald eagles and 
peregrine falcons, are found in forests within the river's watershed 
and rare fish species like striped bass, shortnose sturgeon and 
Atlantic sturgeon are found in its waters.
  The Lower Delaware is the natural boundary between New Jersey and 
Pennsylvania and this magnificent part of the river flows through 
rolling hills, broad valleys, and cliffs carved and shaped by the 
river's floods. On these cliffs are a startling variety of plant life. 
Cactus are found on the cliff shelves on the south-facing New Jersey 
side of the river, while shelves on the north-facing Pennsylvania side 
support arctic-alpine plants. The Nature Conservancy has identified 
over forty ``critical habitats'' along the river corridor.
  The Lower Delaware is also rich in cultural history. The river 
corridor contains 29 national historic districts and eight national 
historic landmarks. On Christmas Day in 1776, George Washington crossed 
the Lower Delaware with his rag-tag Continental Army at present-day 
Washington Crossing State Park, New Jersey, on his way to a victory 
over the British and their Hessian mercenaries near Trenton, New 
Jersey. Villages founded at 18th and 19th century crossroads are 
located on both sides of the Lower Delaware. Historic canals such as 
the Delaware and Raritan Canal and the Delaware Canal still parallel 
portions of the river, and their surviving towpaths provide hiking and 
bicycling opportunities.
  The Delaware Valley hosts a population of more than 5 million people 
and the river is within close proximity to major population centers. 
This proximity provides recreational opportunities for thousands of 
individuals who use the Lower Delaware for canoeing, kayaking, tubing, 
birdwatching and fishing.
  In 1978, both the Upper Delaware and the Middle Delaware River 
portions were designated as Wild and Scenic Rivers. Upon the 
designation of the Lower Delaware, the entire length of the Delaware 
River from Trenton north, with the exception of a few short sections, 
would have national designation as a Wild and Scenic River, while the 
portion of the river from Trenton south is already included in the 
National Estuary Program. Designation of the Lower Delaware would make 
the Delaware River the only river system in the eastern United States 
to have this distinctive status.
  Lastly, Mr. President, I just wanted to note that designation of a 
river as Wild and Scenic does not mean that private lands will suddenly 
be open to public access. Nor does it mean that existing uses of 
private property will be restricted. Designated rivers do receive 
permanent protection from federally licensed or assisted dams and other 
water resource projects that would have direct and adverse effects on 
the river's free-flowing condition or ``outstandingly remarkable'' 
resources. A major factor in determining suitability for designation as 
a Wild and Scenic River is whether or not there is strong support for 
designation among the localities that border the river. In fact, the 
Department of the Interior will support designation of a river as Wild 
and Scenic only if the localities that adjoin the eligible river pass 
resolutions in support of designation of

[[Page S7724]]

their individual segments as Wild and Scenic.
  Although designation has received overwhelming support from the great 
majority of the localities along the river, a handful of localities in 
Pennsylvania and New Jersey did not pass the necessary resolutions 
supporting the designation of their river segments as Wild and Scenic. 
Therefore, although the river segments adjoining these townships are 
eligible for designation in the future, the legislation that I propose 
would not designate these river segments as Wild and Scenic River 
segments under the Wild and Scenic Rivers Act.
  Organizations that support designation of this part of the Lower 
Delaware River as Wild and Scenic include: The Heritage Conservancy, 
American Rivers, the Delaware River Greenway Partnership, Central Bucks 
Chamber of Commerce, Lehigh Valley Planning Commission, Tinicum 
Conservancy, Pennsylvania Department of Conservation and Natural 
Resources, Delaware River Mill Society and the Delaware and Raritan 
Canal Commission. Many individuals have worked hard to ensure that 
designation of this portion of the river becomes a reality including 
William Sharp of the National Park Service, the members of the Lower 
Delaware River Wild and Scenic Management Committee and the Lower 
Delaware Advisory Committee including New Jersey residents Richard 
Albert, Jim Amon, Maya Vanrossum, Thomas Dallessio, Linda Mead, 
Christian R. Nielson, Tisha Petrushka, Joseph M. Pylka, Chris Robert, 
William Rockafellow, Jean Shaddow, Robert Stokes, Caroline Armstrong, 
Ron Tindall, Celeste Tracy, Pamela Vinicombe, Lori Hixon, Kenneth G. 
Zinis, Dan Longhi, Patricia McIlvaine, and John Brunner.
  I invite my colleagues to join me in support of this legislation to 
recognize the recreational, scenic and cultural resources of national 
significance that the Lower Delaware River has to offer both to the 
citizens of New Jersey and the nation.
  I ask that a copy of the bill be printed in the Record.
  The bill follows:

                                S. 1296

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lower Delaware Wild and 
     Scenic Rivers Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) Public Law 102-460 directed the Secretary of the 
     Interior, in cooperation and consultation with appropriate 
     Federal, State, regional, and local agencies, to conduct a 
     study of the eligibility and suitability of the lower 
     Delaware River for inclusion in the Wild and Scenic Rivers 
     System;
       (2) during the study, the Lower Delaware Wild and Scenic 
     River Study Task Force and the National Park Service prepared 
     a river management plan for the study area entitled ``Lower 
     Delaware River Management Plan'' and dated August 1997, which 
     establishes goals and actions that will ensure long-term 
     protection of the river's outstanding values and compatible 
     management of land and water resources associated with the 
     river; and
       (3) after completion of the study, 24 municipalities along 
     segments of the Delaware River eligible for designation 
     passed resolutions supporting the Lower Delaware River 
     Management Plan, agreeing to take action to implement the 
     goals of the plan, and endorsing designation of the river.

     SEC. 3. DESIGNATION.

       Section 3(a) of the Wild and Scenic Rivers Act (16 U.S.C. 
     1274(a)) is amended--
       (1) by designating the first undesignated paragraph 
     following paragraph 156, pertaining to Elkhorn Creek and 
     enacted by Public Law 104-208, as paragraph 157;
       (2) by designating the second undesignated paragraph 
     following paragraph 156, pertaining to the Clarion River, 
     Pennsylvania, and enacted by Public Law 104-314, as paragraph 
     158;
       (3) by designating the third undesignated paragraph 
     following paragraph 156, pertaining to the Lamphrey River, 
     New Hampshire, and enacted by Public Law 104-333, as 
     paragraph 159;
       (4) by striking the fourth undesignated paragraph following 
     paragraph 156, pertaining to Elkhorn Creek and enacted by 
     Public Law 104-333; and
       (5) by adding at the end the following:
       ``(160) Lower delaware river and associated tributaries, 
     new jersey and pennsylvania.--
       ``(A) Segments.--The 65.6 miles of river segments in New 
     Jersey and Pennsylvania, consisting of--
       ``(i) the segment from river mile 193.8 to the northern 
     border of the city of Easton, Pennsylvania (approximately 
     10.5 miles, 16.9 kilometers), to be administered by the 
     Secretary of the Interior as a recreational river;
       ``(ii) the segment from a point just south of the Gilbert 
     Generating Station to a point just north of the Point 
     Pleasant Pumping Station (approximately 14.2 miles, 22.8 
     kilometers), to be administered by the Secretary of the 
     Interior as a recreational river;
       ``(iii) the segment from the point just south of the Point 
     Pleasant Pumping Station to a point 1,000 feet north of the 
     Route 202 bridge (approximately 6.3 miles, 10.1 kilometers), 
     to be administered by the Secretary of the Interior as a 
     recreational river;
       ``(iv) the segment from a point 1,750 feet south of the 
     Route 202 bridge to the southern border of the town of New 
     Hope, Pennsylvania (approximately 1.9 miles, 3.0 kilometers), 
     to be administered by the Secretary of the Interior as a 
     recreational river;
       ``(v) the segment from the southern boundary of the town of 
     New Hope, Pennsylvania, to the town of Washington Crossing, 
     Pennsylvania (approximately 6 miles, 9.7 kilometers), to be 
     administered by the Secretary of the Interior as a 
     recreational river;
       ``(vi) Tinicum Creek (approximately 14.7 miles, 23.7 
     kilometers), to be administered by the Secretary of the 
     Interior as a scenic river;
       ``(vii) Tohickon Creek from the Lake Nockamixon Dam to the 
     Delaware River (approximately 10.7 miles, 17.2 kilometers), 
     to be administered by the Secretary of the Interior as a 
     scenic river; and
       ``(viii) Paunacussing Creek in Solebury Township 
     (approximately 3 miles, 4.8 kilometers), to be administered 
     by the Secretary of the Interior as a recreational river.
       ``(B) Administration.--The segments shall be administered 
     by the Secretary of the Interior as a component of the 
     National Park System.
       ``(C) Management of segments.--The segments shall be 
     managed--
       ``(i) in accordance with the river management plan entitled 
     `Lower Delaware River Management Plan' and dated August 1997, 
     (referred to in this paragraph as the `management plan'), 
     prepared by the Lower Delaware Wild and Scenic River Study 
     Task Force and the National Park Service, which establishes 
     goals and actions that will ensure long-term protection of 
     the river's outstanding values and compatible management of 
     land and water resources associated with the river; and
       ``(ii) in cooperation with appropriate Federal, State, 
     regional, and local agencies, including--

       ``(I) the New Jersey Department of Environmental 
     Protection;
       ``(II) the Pennsylvania Department of Conservation and 
     Natural Resources;
       ``(III) the Delaware and Lehigh Navigation Canal Heritage 
     Corridor Commission;
       ``(IV) the Delaware and Raritan Canal Commission; and
       ``(V) the Delaware River Greenway Partnership.

       ``(D) Satisfaction of requirements for plan.--The 
     management plan shall be considered to satisfy the 
     requirements for a comprehensive management plan under 
     subsection (d).
       ``(E) Federal Role.--
       ``(i) Restrictions on water resource projects.--In 
     determining under section 7(a) whether a proposed water 
     resources project would have a direct and adverse effect on 
     the value for which a segment is designated as part of the 
     national wild and scenic rivers system, the Secretary shall 
     consider the extent to which the project is consistent with 
     the management plan.
       ``(ii) Cooperative agreements.--Any cooperative agreements 
     entered into under section 10(e) relating to any of the 
     segments shall--

       ``(I) be consistent with the management plan; and
       ``(II) may include provisions for financial or other 
     assistance from the United States to facilitate the long-term 
     protection, conservation, and enhancement of the segments.

       ``(iii) Support for implementation.--The Secretary may 
     provide technical assistance, staff support, and funding to 
     assist in the implementation of the management plan.
       ``(F) Land management.--
       ``(i) In general.--The Secretary may provide planning, 
     financial, and technical assistance to local municipalities 
     to assist in the implementation of actions to protect the 
     natural, economic, and historic resources of the segments.
       ``(ii) Plan requirements.--After adoption of 
     recommendations made in section III of the management plan, 
     the zoning ordinances of the municipalities bordering the 
     segments shall be considered to satisfy the standards and 
     requirements under section 6(c).
       ``(G) Additional segments.--
       ``(i) In general.--In this subparagraph, the term 
     `additional segment' means--

       ``(I) the segment from the Delaware Water Gap to the Toll 
     Bridge connecting Columbia, New Jersey, and Portland, 
     Pennsylvania (approximately 9.2 miles, 14.8 kilometers), 
     which, if made part of the national wild and scenic river 
     system in accordance with this subparagraph, shall be 
     administered by the Secretary as a recreational river;
       ``(II) the segment from the Erie Lackawanna railroad bridge 
     to the southern tip of Dildine Island (approximately 3.6 
     miles, 5.8 kilometers), which, if made part of the national 
     wild and scenic river system in accordance with this 
     subparagraph, shall be administered by the Secretary as a 
     recreational river;

[[Page S7725]]

       ``(III) the segment from the southern tip of Mack Island to 
     the northern border of the town of Belvidere, New Jersey 
     (approximately 2 miles, 3.2 kilometers), which, if made part 
     of the national wild and scenic river system in accordance 
     with this subparagraph, shall be administered by the 
     Secretary as a recreational river;
       ``(IV) the segment from the southern border of the town of 
     Phillipsburg, New Jersey, to a point just north of Gilbert 
     Generating Station (approximately 9.5 miles, 15.2 
     kilometers), which, if made part of the national wild and 
     scenic river system in accordance with this subparagraph, 
     shall be administered by the Secretary as a recreational 
     river;
       ``(V) Paulinskill River in Knowlton Township (approximately 
     2.4 miles, 3.8 kilometers), which, if made part of the 
     national wild and scenic river system in accordance with this 
     subparagraph, shall be administered by the Secretary as a 
     recreational river; and
       ``(VI) Cook's Creek (approximately 3.5 miles, 5.6 
     kilometers), which, if made part of the national wild and 
     scenic river system in accordance with this subparagraph, 
     shall be administered by the Secretary as a scenic river.

       ``(ii) Finding.--Congress finds that each of the additional 
     segments is suitable for designation as a recreational river 
     or scenic river under this paragraph, if there is adequate 
     local support for the designation.
       ``(iii) Designation.--If the Secretary finds that there is 
     adequate local support for designating any of the additional 
     segments as a recreational river or scenic river--

       ``(I) the Secretary shall publish in the Federal Register a 
     notice of the designation of the segment; and
       ``(II) the segment shall thereby be designated as a 
     recreational river or scenic river, as the case may be, under 
     this Act.

       ``(iv) Criteria for local support.--In determining whether 
     there is adequate local support for the designation of an 
     additional segment, the Secretary shall consider, among other 
     things, the preferences of local governments expressed in 
     resolutions concerning designation of the segment.
       ``(H) Authorization of appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this paragraph.''.

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