[Congressional Record Volume 146, Number 130 (Tuesday, October 17, 2000)]
[House]
[Pages H10028-H10032]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION ACT

  Mr. YOUNG of Alaska. Mr. Speaker, I move to suspend the rules and 
pass the Senate bill (S. 964) to provide for equitable compensation for 
the Cheyenne River Sioux Tribe, and for other purposes, as amended.
  The Clerk read as follows:

                                 S. 964

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

       TITLE I--CHEYENNE RIVER SIOUX TRIBE EQUITABLE COMPENSATION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Cheyenne River Sioux Tribe 
     Equitable Compensation Act''.

     SEC. 102. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) by enacting the Act of December 22, 1944, (58 Stat. 
     887, chapter 665; 33 U.S.C. 701-1 et seq.), commonly known as 
     the ``Flood Control Act of 1944'', Congress approved the 
     Pick-Sloan Missouri River Basin program (referred to in this 
     section as the ``Pick-Sloan program'')--
       (A) to promote the general economic development of the 
     United States;
       (B) to provide for irrigation above Sioux City, Iowa;
       (C) to protect urban and rural areas from devastating 
     floods of the Missouri River; and
       (D) for other purposes;
       (2) the Oahe Dam and Reservoir project--
       (A) is a major component of the Pick-Sloan program, and 
     contributes to the economy of the United States by generating 
     a substantial amount of hydropower and impounding a 
     substantial quantity of water;
       (B) overlies the eastern boundary of the Cheyenne River 
     Sioux Indian Reservation; and
       (C) has not only contributed little to the economy of the 
     Tribe, but has severely damaged the economy of the Tribe and 
     members of the Tribe by inundating the fertile, wooded bottom 
     lands of the Tribe along the Missouri River that constituted 
     the most productive agricultural and pastoral lands of the 
     Tribe and the homeland of the members of the Tribe;
       (3) the Secretary of the Interior appointed a Joint Tribal 
     Advisory Committee that examined the Oahe Dam and Reservoir 
     project and concluded that--
       (A) the Federal Government did not justify, or fairly 
     compensate the Tribe for, the Oahe Dam and Reservoir project 
     when the Federal Government acquired 104,492 acres of land of 
     the Tribe for that project; and
       (B) the Tribe should be adequately compensated for the land 
     acquisition described in subparagraph (A);
       (4) after applying the same method of analysis as is used 
     for the compensation of similarly situated Indian tribes, the 
     Comptroller General of the United States (referred to in this 
     title as the ``Comptroller General'') determined that the 
     appropriate amount of compensation to pay the Tribe for the 
     land acquisition described in paragraph (3)(A) would be 
     $290,723,000;
       (5) the Tribe is entitled to receive additional financial 
     compensation for the land acquisition described in paragraph 
     (3)(A) in a manner consistent with the determination of the 
     Comptroller General described in paragraph (4); and
       (6) the establishment of a trust fund to make amounts 
     available to the Tribe under this title is consistent with 
     the principles of self-governance and self-determination.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To provide for additional financial compensation to the 
     Tribe for the acquisition by the Federal Government of 
     104,492 acres of land of the Tribe for the Oahe Dam and 
     Reservoir project in a manner consistent with the 
     determinations of the Comptroller General described in 
     subsection (a)(4).
       (2) To provide for the establishment of the Cheyenne River 
     Sioux Tribal Recovery Trust Fund, to be managed by the 
     Secretary of the Treasury in order to make payments to the 
     Tribe to carry out projects under a plan prepared by the 
     Tribe.

     SEC. 103. DEFINITIONS.

       In this title:
       (1) Tribe.--The term ``Tribe'' means the Cheyenne River 
     Sioux Tribe, which is comprised of the Itazipco, Siha Sapa, 
     Minniconjou, and Oohenumpa bands of the Great Sioux Nation 
     that reside on the Cheyenne River Reservation, located in 
     central South Dakota.
       (2) Tribal council.--The term ``Tribal Council'' means the 
     governing body of the Tribe.

     SEC. 104. CHEYENNE RIVER SIOUX TRIBAL RECOVERY TRUST FUND.

       (a) Cheyenne River Sioux Tribal Recovery Trust Fund.--There 
     is established in the Treasury of the United States a fund to 
     be known as the ``Cheyenne River Sioux Tribal Recovery Trust 
     Fund'' (referred to in this title as the ``Fund''). The Fund 
     shall consist of any amounts deposited into the Fund under 
     this title.
       (b) Funding.--On the first day of the 11th fiscal year that 
     begins after the date of enactment of this Act, the Secretary 
     of the Treasury shall, from the General Fund of the Treasury, 
     deposit into the Fund established under subsection (a)--
       (1) $290,722,958; and
       (2) an additional amount that equals the amount of interest 
     that would have accrued on the amount described in paragraph 
     (1) if such amount had been invested in interest-bearing 
     obligations of the United States, or in obligations 
     guaranteed as to both principal and interest by the United 
     States, on the first day of the first fiscal year that begins 
     after the date of enactment of this Act and compounded 
     annually thereafter.
       (c) Investment of Trust Fund.--It shall be the duty of the 
     Secretary of the Treasury to invest such portion of the Fund 
     as is not, in the Secretary of Treasury's judgment, required 
     to meet current withdrawals. 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. The Secretary of the Treasury shall 
     deposit interest resulting from such investments into the 
     Fund.
       (d) Payment of Interest to Tribe.--
       (1) Withdrawal of interest.--Beginning on the first day of 
     the 11th fiscal year after the date of enactment of this Act 
     and, on the first day of each fiscal year thereafter, the 
     Secretary of the Treasury shall withdraw the aggregate amount 
     of interest deposited into the Fund for that fiscal year and 
     transfer that amount to the Secretary of the Interior for use 
     in accordance with paragraph (2). Each amount so transferred 
     shall be available without fiscal year limitation.
       (2) Payments to tribe.--
       (A) In general.--The Secretary of the Interior shall use 
     the amounts transferred under paragraph (1) only for the 
     purpose of making payments to the Tribe, as such payments are 
     requested by the Tribe pursuant to tribal resolution.
       (B) Limitation.--Payments may be made by the Secretary of 
     the Interior under subparagraph (A) only after the Tribe has 
     adopted a plan under subsection (f).
       (C) Use of payments by tribe.--The Tribe shall use the 
     payments made under subparagraph (B) only for carrying out 
     projects and programs under the plan prepared under 
     subsection (f).
       (e) Transfers and Withdrawals.--Except as provided in 
     subsections (c) and (d)(1), the Secretary of the Treasury may 
     not transfer or withdraw any amount deposited under 
     subsection (b).
       (f) Plan.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act, the governing body of the Tribe shall 
     prepare a plan for the use of the payments to the Tribe under 
     subsection (d) (referred to in this subsection as the 
     ``plan'').
       (2) Contents of plan.--The plan shall provide for the 
     manner in which the Tribe shall expend payments to the Tribe 
     under subsection (d) to promote--
       (A) economic development;
       (B) infrastructure development;
       (C) the educational, health, recreational, and social 
     welfare objectives of the Tribe and its members; or
       (D) any combination of the activities described in 
     subparagraphs (A) through (C).
       (3) Plan review and revision.--
       (A) In general.--The Tribal Council shall make available 
     for review and comment by the members of the Tribe a copy of 
     the plan before the plan becomes final, in accordance with 
     procedures established by the Tribal Council.
       (B) Updating of plan.--The Tribal Council may, on an annual 
     basis, revise the plan to update the plan. In revising the 
     plan under this subparagraph, the Tribal Council shall 
     provide the members of the Tribe opportunity to review and 
     comment on any proposed revision to the plan.
       (C) Consultation.--In preparing the plan and any revisions 
     to update the plan, the

[[Page H10029]]

     Tribal Council shall consult with the Secretary of the 
     Interior and the Secretary of Health and Human Services.
       (4) Audit.--
       (A) In general.--The activities of the Tribe in carrying 
     out the plan shall be audited as part of the annual single-
     agency audit that the Tribe is required to prepare pursuant 
     to the Office of Management and Budget circular numbered A-
     133.
       (B) Determination by auditors.--The auditors that conduct 
     the audit described in subparagraph (A) shall--
       (i) determine whether funds received by the Tribe under 
     this section for the period covered by the audit were 
     expended to carry out the plan in a manner consistent with 
     this section; and
       (ii) include in the written findings of the audit the 
     determination made under clause (i).
       (C) Inclusion of findings with publication of proceedings 
     of tribal council.--A copy of the written findings of the 
     audit described in subparagraph (A) shall be inserted in the 
     published minutes of the Tribal Council proceedings for the 
     session at which the audit is presented to the Tribal 
     Council.
       (g) Prohibition on Per Capita Payments.--No portion of any 
     payment made under this title may be distributed to any 
     member of the Tribe on a per capita basis.

     SEC. 105. ELIGIBILITY OF TRIBE FOR CERTAIN PROGRAMS AND 
                   SERVICES.

       No payment made to the Tribe under this title shall result 
     in the reduction or denial of any service or program with 
     respect to which, under Federal law--
       (1) the Tribe is otherwise entitled because of the status 
     of the Tribe as a federally recognized Indian tribe; or
       (2) any individual who is a member of the Tribe is entitled 
     because of the status of the individual as a member of the 
     Tribe.

     SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such funds as may 
     be necessary to cover the administrative expenses of the 
     Fund.

     SEC. 107. EXTINGUISHMENT OF CLAIMS.

       Upon the deposit of funds (together with interest) into the 
     Fund under section 104(b), all monetary claims that the Tribe 
     has or may have against the United States for the taking, by 
     the United States, of the land and property of the Tribe for 
     the Oahe Dam and Reservoir Project of the Pick-Sloan Missouri 
     River Basin program shall be extinguished.

                   TITLE II--BOSQUE REDONDO MEMORIAL

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Bosque Redondo Memorial 
     Act''.

     SEC. 202. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1863, the United States detained nearly 9,000 Navajo 
     and forced their migration across nearly 350 miles of land to 
     Bosque Redondo, a journey known as the ``Long Walk'';
       (2) Mescalero Apache people were also incarcerated at 
     Bosque Redondo;
       (3) the Navajo and Mescalero Apache people labored to plant 
     crops, dig irrigation ditches and build housing, but drought, 
     cutworms, hail, and alkaline Pecos River water created severe 
     living conditions for nearly 9,000 captives;
       (4) suffering and hardships endured by the Navajo and 
     Mescalero Apache people forged a new understanding of their 
     strengths as Americans;
       (5) the Treaty of 1868 was signed by the United States and 
     the Navajo tribes, recognizing the Navajo Nation as it exists 
     today;
       (6) the State of New Mexico has appropriated a total of 
     $123,000 for a planning study and for the design of the 
     Bosque Redondo Memorial;
       (7) individuals and businesses in DeBaca County donated 
     $6,000 toward the production of a brochure relating to the 
     Bosque Redondo Memorial;
       (8) the Village of Fort Sumner donated 70 acres of land to 
     the State of New Mexico contiguous to the existing 50 acres 
     comprising Fort Sumner State Monument, contingent on the 
     funding of the Bosque Redondo Memorial;
       (9) full architectural plans and the exhibit design for the 
     Bosque Redondo Memorial have been completed;
       (10) the Bosque Redondo Memorial project has the 
     encouragement of the President of the Navajo Nation and the 
     President of the Mescalero Apache Tribe, who have each 
     appointed tribal members to serve as project advisors;
       (11) the Navajo Nation, the Mescalero Tribe and the 
     National Park Service are collaborating to develop a 
     symposium on the Bosque Redondo Long Walk and a curriculum 
     for inclusion in the New Mexico school curricula;
       (12) an interpretive center would provide important 
     educational and enrichment opportunities for all Americans; 
     and
       (13) Federal financial assistance is needed for the 
     construction of a Bosque Redondo Memorial.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To commemorate the people who were interned at Bosque 
     Redondo.
       (2) To pay tribute to the native populations' ability to 
     rebound from suffering, and establish the strong, living 
     communities that have long been a major influence in the 
     State of New Mexico and in the United States.
       (3) To provide Americans of all ages a place to learn about 
     the Bosque Redondo experience and how it resulted in the 
     establishment of strong American Indian Nations from once 
     divergent bands.
       (4) To support the construction of the Bosque Redondo 
     Memorial commemorating the detention of the Navajo and 
     Mescalero Apache people at Bosque Redondo from 1863 to 1868.

      SEC. 203. DEFINITIONS.

       In this title:
       (1) Memorial.--The term ``Memorial'' means the building and 
     grounds known as the Bosque Redondo Memorial.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of Defense.

      SEC. 204. BOSQUE REDONDO MEMORIAL.

       (a) Establishment.-- Upon the request of the State of New 
     Mexico, the Secretary is authorized to establish a Bosque 
     Redondo Memorial within the boundaries of Fort Sumner State 
     Monument in New Mexico. No memorial shall be established 
     without the consent of the Navajo Nation and the Mescalero 
     Tribe.
       (b) Components of the Memorial.--The memorial shall 
     include--
       (1) exhibit space, a lobby area that represents design 
     elements from traditional Mescalero and Navajo dwellings, 
     administrative areas that include a resource room, library, 
     workrooms and offices, restrooms, parking areas, sidewalks, 
     utilities, and other visitor facilities; and
       (2) a venue for public education programs; and
       (3) a location to commemorate the Long Walk of the Navajo 
     people and the healing that has taken place since that event.

     SEC. 205. CONSTRUCTION OF MEMORIAL.

       (a) Grant.--
       (1) In general.--The Secretary may award a grant to the 
     State of New Mexico to provide up to 50 percent of the total 
     cost of construction of the Memorial.
       (2) Non-federal share.--The non-Federal share of 
     construction costs for the Memorial shall include funds 
     previously expended by the State for the planning and design 
     of the Memorial, and funds previously expended by non-Federal 
     entities for the production of a brochure relating to the 
     Memorial.
       (b) Requirements.--To be eligible to receive a grant under 
     this section, the State shall--
       (1) submit to the Secretary a proposal that--
       (A) provides assurances that the Memorial will comply with 
     all applicable laws, including building codes and 
     regulations; and
       (B) includes such other information and assurances as the 
     Secretary may require; and
       (2) enter into a Memorandum of Understanding with the 
     Secretary that shall include--
       (A) a timetable for the completion of construction and the 
     opening of the Memorial;
       (B) assurances that construction contracts will be 
     competitively awarded;
       (C) assurances that the State or Village of Fort Sumner 
     will make sufficient land available for the Memorial;
       (D) the specifications of the Memorial which shall comply 
     with all applicable Federal, State, and local building codes 
     and laws;
       (E) arrangements for the operation and maintenance of the 
     Memorial upon completion of construction;
       (F) a description of Memorial collections and educational 
     programming;
       (G) a plan for the design of exhibits including the 
     collections to be exhibited, security, preservation, 
     protection, environmental controls, and presentations in 
     accordance with professional standards;
       (H) an agreement with the Navajo Nation and the Mescalero 
     Tribe relative to the design and location of the Memorial; 
     and
       (I) a financing plan developed by the State that outlines 
     the long-term management of the Memorial, including--
       (i) the acceptance and use of funds derived from public and 
     private sources to minimize the use of appropriated or 
     borrowed funds;
       (ii) the payment of the operating costs of the Memorial 
     through the assessment of fees or other income generated by 
     the Memorial;
       (iii) a strategy for achieving financial self-sufficiency 
     with respect to the Memorial by not later than 5 years after 
     the date of enactment of this Act; and
       (iv) a description of the business activities that would be 
     permitted at the Memorial and appropriate vendor standards 
     that would apply.

     SEC. 206. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     carry out this title--
       (1) $1,000,000 for fiscal year 2000; and
       (2) $500,000 for each of fiscal years 2001 and 2002.
       (b) Carryover.--Any funds made available under this section 
     that are unexpended at the end of the fiscal year for which 
     those funds are appropriated, shall remain available for use 
     by the Secretary through September 30, 2002 for the purposes 
     for which those funds were made available.

TITLE III--SENSE OF THE CONGRESS REGARDING THE NEED FOR CATALOGING AND 
                  MAINTAINING CERTAIN PUBLIC MEMORIALS

     SEC. 301. SENSE OF THE CONGRESS.

       (a) Findings.--Congress finds the following:
       (1) There are many thousands of public memorials scattered 
     throughout the United States and abroad that commemorate 
     military conflicts of the United States and the service of 
     individuals in the Armed Forces.
       (2) These memorials have never been comprehensively 
     cataloged.

[[Page H10030]]

       (3) Many of these memorials suffer from neglect and 
     disrepair, and many have been relocated or stored in 
     facilities where they are unavailable to the public and 
     subject to further neglect and damage.
       (4) There exists a need to collect and centralize 
     information regarding the location, status, and description 
     of these memorials.
       (5) The Federal Government maintains information on 
     memorials only if they are Federally funded.
       (6) Remembering Veterans Who Earned Their Stripes (a 
     nonprofit corporation established as RVETS, Inc. under the 
     laws of the State of Nevada) has undertaken a self-funded 
     program to catalogue the memorials located in the United 
     States that commemorate military conflicts of the United 
     States and the service of individuals in the Armed Forces, 
     and has already obtained information on more than 7000 
     memorials in 50 States.
       (b) Sense of the Congress.--It is the sense of the Congress 
     that--
       (1) the people of the United States owe a debt of gratitude 
     to veterans for their sacrifices in defending the Nation 
     during times of war and peace;
       (2) public memorials that commemorate military conflicts of 
     the United States and the service of individuals in the Armed 
     Forces should be maintained in good condition, so that future 
     generations may know of the burdens borne by these 
     individuals;
       (3) Federal, State, and local agencies responsible for the 
     construction and maintenance of these memorials should 
     cooperate in cataloging these memorials and providing the 
     resulting information to the Department of the Interior; and
       (4) the Secretary of the Interior, acting through the 
     Director of the National Park Service, should--
       (A) collect and maintain information on public memorials 
     that commemorate military conflicts of the United States and 
     the service of individuals in the Armed Forces;
       (B) coordinate efforts at collecting and maintaining this 
     information with similar efforts by other entities, such as 
     Remembering Veterans Who Earned Their Stripes (a nonprofit 
     corporation established as RVETS, Inc. under the laws of the 
     State of Nevada); and
       (C) make this information available to the public.

              TITLE IV--CEMETERY SITES AND HISTORIC PLACES

     SEC. 401. FINDINGS; DEFINITIONS.

       (a) Findings.--The Congress finds the following:
       (1) Pursuant to section 14(h)(1) of ANCSA, the Secretary 
     has the authority to withdraw and convey to the appropriate 
     regional corporation fee title to existing cemetery sites and 
     historical places.
       (2) Pursuant to section 14(h)(7) of ANCSA, lands located 
     within a National Forest may be conveyed for the purposes set 
     forth in section 14(h)(1) of ANCSA.
       (3) Chugach Alaska Corporation, the Alaska Native Regional 
     Corporation for the Chugach Region, applied to the Secretary 
     for the conveyance of cemetery sites and historical places 
     pursuant to section 14(h)(1) of ANCSA in accordance with the 
     regulations promulgated by the Secretary.
       (4) Among the applications filed were applications for 
     historical places at Miners Lake (AA-41487), Coghill Point 
     (AA-41488), College Fjord (AA-41489), Point Pakenham (AA-
     41490), College Point (AA-41491), Egg Island (AA-41492), and 
     Wingham Island (AA-41494), which applications were 
     substantively processed for 13 years and then rejected as 
     having been untimely filed.
       (5) In addition, as part of the Exxon Valdez Oil Spill 
     Restoration Program, the Federal Government has acquired from 
     a private party land comprising a portion of Kiniklik 
     Village, 1 of 4 major historical Chugach villages, which land 
     Chugach had applied for under section 14(h)(1) of ANCSA.
       (6) The fulfillment of the intent, purpose, and promise of 
     ANCSA requires that applications substantively processed for 
     13 years should be accepted as timely, subject only to a 
     determination that such lands and applications meet the 
     eligibility criteria for historical places or cemetery sites, 
     as appropriate, set forth in the Secretary's regulations.
       (b) Definitions.--For the purposes of this Act, the 
     following definitions apply:
       (1) ANCSA.--The term ``ANCSA'' means the Alaska Native 
     Claims Settlement Act, as amended (43 U.S.C. 1601 et seq.).
       (2) Federal Government.--The term ``Federal Government'' 
     means any Federal agency of the United States.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 402. WITHDRAWAL OF LANDS.

       Notwithstanding any other provision of law, the Secretary 
     shall withdraw from all forms of appropriation all public 
     lands described in the applications identified in section 
     401(a)(4) of this title.

     SEC. 403. APPLICATION FOR CONVEYANCE OF WITHDRAWN LANDS.

       With respect to lands withdrawn pursuant to section 402 of 
     this title, the applications identified in section 401(a)(4) 
     of this title are deemed to have been timely filed. In 
     processing these applications on the merits, the Secretary 
     shall incorporate and use any work done on these applications 
     during the processing of these applications since 1980.

     SEC. 404. AMENDMENTS.

       Chugach Alaska Corporation may amend any application under 
     section 403 of this title in accordance with the rules and 
     regulations generally applicable to amending applications 
     under section 14(h)(1) of ANCSA.

     SEC. 405. PROCEDURE FOR EVALUATING APPLICATIONS.

       All applications under section 403 of this title shall be 
     evaluated in accordance with the criteria and procedures set 
     forth in the regulations promulgated by the Secretary as of 
     the date of the enactment of this title. To the extent that 
     such criteria and procedures conflict with any provision of 
     this title, the provisions of this title shall control.

     SEC. 406. CONVEYANCE OF KINIKLIK VILLAGE.

       Notwithstanding any other provision of law, within 1 year 
     of enactment of this title, the Secretary shall sell to 
     Chugach Alaska Corporation, for fair market value, all right, 
     title, and interest of the United States in and to the 
     following tract of land: All that portion of the property 
     identified in United States Survey Number 628, Tract A 
     containing 0.34 acres and Tract B containing 0.63 acres, 
     located in Section 26, Township 9 North, Range 10 East, 
     Seward Meridian, containing 0.97 acres, more or less and 
     further described as Tracts A and B Russian Greek Church 
     Mission Reserve according to United States Survey 628.

     SEC. 407. APPLICABILITY.

       (a) Effect on ANCSA Provisions.--Notwithstanding any other 
     provision of law or of this title, any conveyance of land to 
     Chugach Alaska Corporation pursuant to this title shall be 
     charged to and deducted from the entitlement of Chugach 
     Alaska Corporation under section 14(h)(8)(A) of ANCSA (43 
     U.S.C. 1613(h)(8)(A)), and no conveyance made pursuant to 
     this title shall affect the distribution of lands to or the 
     entitlement to land of any Regional Corporation other than 
     Chugach Alaska Corporation under section 14(h)(8) of ANCSA 
     (43 U.S.C. 1613(h)(8)).
       (b) No Enlargement of Entitlement.--Nothing herein shall be 
     deemed to enlarge Chugach Alaska Corporation's entitlement to 
     subsurface estate under otherwise applicable law.

   TITLE V--REVISION OF RICHMOND NATIONAL BATTLEFIELD PARK BOUNDARIES

     SEC. 501. SHORT TITLE; DEFINITIONS.

       (a) Short Title.--This title may be cited as the ``Richmond 
     National Battlefield Park Act of 2000''.
       (b) Definitions.--In this title:
       (1) Battlefield park.--The term ``battlefield park'' means 
     the Richmond National Battlefield Park.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 502. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) In the Act of March 2, 1936 (Chapter 113; 49 Stat. 
     1155; 16 U.S.C. 423j), Congress authorized the establishment 
     of the Richmond National Battlefield Park, and the boundaries 
     of the battlefield park were established to permit the 
     inclusion of all military battlefield areas related to the 
     battles fought during the Civil War in the vicinity of the 
     city of Richmond, Virginia. The battlefield park originally 
     included the area then known as the Richmond Battlefield 
     State Park.-
       (2) The total acreage identified in 1936 for consideration 
     for inclusion in the battlefield park consisted of 
     approximately 225,000 acres in and around the city of 
     Richmond. A study undertaken by the congressionally 
     authorized Civil War Sites Advisory Committee determined that 
     of these 225,000 acres, the historically significant areas 
     relating to the campaigns against and in defense of Richmond 
     encompass approximately 38,000 acres.
       (3) In a 1996 general management plan, the National Park 
     Service identified approximately 7,121 acres in and around 
     the city of Richmond that satisfy the National Park Service 
     criteria of significance, integrity, feasibility, and 
     suitability for inclusion in the battlefield park. The 
     National Park Service later identified an additional 186 
     acres for inclusion in the battlefield park.
       (4) There is a national interest in protecting and 
     preserving sites of historical significance associated with 
     the Civil War and the city of Richmond.
       (5) The Commonwealth of Virginia and its local units of 
     government have authority to prevent or minimize adverse uses 
     of these historic resources and can play a significant role 
     in the protection of the historic resources related to the 
     campaigns against and in defense of Richmond.
       (6) The preservation of the New Market Heights Battlefield 
     in the vicinity of the city of Richmond is an important 
     aspect of American history that can be interpreted to the 
     public. The Battle of New Market Heights represents a premier 
     landmark in black military history as 14 black Union soldiers 
     were awarded the Medal of Honor in recognition of their valor 
     during the battle. According to National Park Service 
     historians, the sacrifices of the United States Colored 
     Troops in this battle helped to ensure the passage of the 
     Thirteenth Amendment to the United States Constitution to 
     abolish slavery.
       (b) Purpose.--It is the purpose of this title--
       (1) to revise the boundaries for the Richmond National 
     Battlefield Park based on the findings of the Civil War Sites 
     Advisory Committee and the National Park Service; and
       (2) to direct the Secretary of the Interior to work in 
     cooperation with the Commonwealth of Virginia, the city of 
     Richmond, other political subdivisions of the Commonwealth, 
     other public entities, and the private sector in the 
     management, protection, and

[[Page H10031]]

     interpretation of the resources associated with the Civil War 
     and the Civil War battles in and around the city of Richmond, 
     Virginia.

     SEC. 503. RICHMOND NATIONAL BATTLEFIELD PARK; BOUNDARIES.

       (a) Establishment and Purpose.--For the purpose of 
     protecting, managing, and interpreting the resources 
     associated with the Civil War battles in and around the city 
     of Richmond, Virginia, there is established the Richmond 
     National Battlefield Park consisting of approximately 7,307 
     acres of land, as generally depicted on the map entitled 
     ``Richmond National Battlefield Park Boundary Revision'', 
     numbered 367N.E.F.A.80026A, and dated September 2000. The map 
     shall be on file in the appropriate offices of the National 
     Park Service.
       (b) Boundary Adjustments.--The Secretary may make minor 
     adjustments in the boundaries of the battlefield park 
     consistent with section 7(c) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9(c)).

     SEC. 504. LAND ACQUISITION.

       (a) Acquisition Authority.--
       (1) In general.--The Secretary may acquire lands, waters, 
     and interests in lands within the boundaries of the 
     battlefield park from willing landowners by donation, 
     purchase with donated or appropriated funds, or exchange. In 
     acquiring lands and interests in lands under this title, the 
     Secretary shall acquire the minimum interest necessary to 
     achieve the purposes for which the battlefield is 
     established.
       (2) Special rule for private lands.--Privately owned lands 
     or interests in lands may be acquired under this title only 
     with the consent of the owner.
       (b) Easements.--
       (1) Outside boundaries.--The Secretary may acquire an 
     easement on property outside the boundaries of the 
     battlefield park and around the city of Richmond, with the 
     consent of the owner, if the Secretary determines that the 
     easement is necessary to protect core Civil War resources as 
     identified by the Civil War Sites Advisory Committee. Upon 
     acquisition of the easement, the Secretary shall revise the 
     boundaries of the battlefield park to include the property 
     subject to the easement.
       (2) Inside boundaries.--To the extent practicable, and if 
     preferred by a willing landowner, the Secretary shall use 
     permanent conservation easements to acquire interests in land 
     in lieu of acquiring land in fee simple and thereby removing 
     land from non-Federal ownership.
       (c) Visitor Center.--The Secretary may acquire the Tredegar 
     Iron Works buildings and associated land in the city of 
     Richmond for use as a visitor center for the battlefield 
     park.

     SEC. 505. PARK ADMINISTRATION.

       (a) Applicable Laws.--The Secretary, acting through the 
     Director of the National Park Service, shall administer the 
     battlefield park 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 et. seq.) 
     and the Act of August 21, 1935 (16 U.S.C. 461 et. seq.).
       (b) New Market Heights Battlefield.--The Secretary shall 
     provide for the establishment of a monument or memorial 
     suitable to honor the 14 Medal of Honor recipients from the 
     United States Colored Troops who fought in the Battle of New 
     Market Heights. The Secretary shall include the Battle of New 
     Market Heights and the role of black Union soldiers in the 
     battle in historical interpretations provided to the public 
     at the battlefield park.
       (c) Cooperative Agreements.--The Secretary may enter into 
     cooperative agreements with the Commonwealth of Virginia, its 
     political subdivisions (including the city of Richmond), 
     private property owners, and other members of the private 
     sector to develop mechanisms to protect and interpret the 
     historical resources within the battlefield park in a manner 
     that would allow for continued private ownership and use 
     where compatible with the purposes for which the battlefield 
     is established.
       (d) Technical Assistance.--The Secretary may provide 
     technical assistance to the Commonwealth of Virginia, its 
     political subdivisions, nonprofit entities, and private 
     property owners for the development of comprehensive plans, 
     land use guidelines, special studies, and other activities 
     that are consistent with the identification, protection, 
     interpretation, and commemoration of historically significant 
     Civil War resources located inside and outside of the 
     boundaries of the battlefield park. The technical assistance 
     does not authorize the Secretary to own or manage any of the 
     resources outside the battlefield park boundaries.

     SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 507. REPEAL OF SUPERSEDED LAW.

       The Act of March 2, 1936 (Chapter 113; 16 U.S.C. 423j-423l) 
     is repealed.

  TITLE VI--SOUTHEASTERN ALASKA INTERTIE SYSTEM CONSTRUCTION; NAVAJO 
                 ELECTRIFICATION DEMONSTRATION PROGRAM

     SEC. 601. SOUTHEASTERN ALASKA INTERTIE AUTHORIZATION LIMIT.

       Upon the completion and submission to the United States 
     Congress by the Forest Service of the ongoing High Voltage 
     Direct Current viability analysis pursuant to United States 
     Forest Service Collection Agreement #00CO-111005-105 or no 
     later than February 1, 2001, there is hereby authorized to be 
     appropriated to the Secretary of Energy such sums as may be 
     necessary to assist in the construction of the Southeastern 
     Alaska Intertie system as generally identified in Report #97-
     01 of the Southeast Conference. Such sums shall equal 80 
     percent of the cost of the system and may not exceed 
     $384,000,000. Nothing in this title shall be construed to 
     limit or waive any otherwise applicable State or Federal law.

     SEC. 602. NAVAJO ELECTRIFICATION DEMONSTRATION PROGRAM.

       (a) Establishment.--The Secretary of Energy shall establish 
     a 5-year program to assist the Navajo Nation to meet its 
     electricity needs. The purpose of the program shall be to 
     provide electric power to the estimated 18,000 occupied 
     structures on the Navajo Nation that lack electric power. The 
     goal of the program shall be to ensure that every household 
     on the Navajo Nation that requests it has access to a 
     reliable and affordable source of electricity by the year 
     2006.
       (b) Scope.--In order to meet the goal in subsection (a), 
     the Secretary of Energy shall provide grants to the Navajo 
     Nation to--
       (1) extend electric transmission and distribution lines to 
     new or existing structures that are not served by electric 
     power and do not have adequate electric power service;
       (2) purchase and install distributed power generating 
     facilities, including small gas turbines, fuel cells, solar 
     photovoltaic systems, solar thermal systems, geothermal 
     systems, wind power systems, or biomass-fueled systems;
       (3) purchase and install other equipment associated with 
     the generation, transmission, distribution, and storage of 
     electric power;
       (4) provide training in the installation, operation, or 
     maintenance of the lines, facilities, or equipment in 
     paragraphs (1) through (3); or
       (5) support other activities that the Secretary of Energy 
     determines are necessary to meet the goal of the program.
       (c) Technical Support.--At the request of the Navajo 
     Nation, the Secretary of Energy may provide technical support 
     through Department of Energy laboratories and facilities to 
     the Navajo Nation to assist in achieving the goal of this 
     program.
       (d) Annual Reports.--Not later than February 1, 2002 and 
     for each of the five succeeding years, the Secretary of 
     Energy shall submit a report to Congress on the status of the 
     programs and the progress towards meeting its goal under 
     subsection (a).
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Energy to carry out 
     this section $15,000,000 for each of the fiscal years 2002 
     through 2006.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Alaska (Mr. Young) and the gentleman from New Mexico (Mr. Udall) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Alaska (Mr. Young).
  Mr. YOUNG of Alaska. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, S. 964, the Cheyenne River Sioux Tribe Equitable 
Compensation Act, addresses a number of specific Indian and public land 
problems that will assist thousands of Americans.
  Title 1 of this bill will establish a Development Trust Fund in the 
Treasury of the United States for the Cheyenne River Sioux Tribe as 
compensation for the taking by condemnation proceedings by the United 
States of 104,492 acres of tribal lands.

                              {time}  1800

  The Comptroller General has determined that the appropriate amount of 
compensation to pay the tribe would be $290,723,000 for this taking.
  Pursuant to S. 964, that amount and certain interest would be 
deposited by the Secretary of the Treasury into the Cheyenne River 
Sioux Tribal Recovery Trust Fund on the first day of the 11th fiscal 
year that begins after the date of enactment of S. 964.
  Annual payments will be made to the tribe consisting of the income 
generated from the investment of the corpus of the trust fund by the 
Secretary of the Treasury in interest-bearing obligations to the United 
States.
  Recovery funds have been created by Congress for four other Missouri 
River tribes which were impacted by the Pick-Sloan Missouri River Basin 
program.
  Title II of S. 964, the Bosque Redondo Memorial Act, authorizes the 
establishment of a Bosque Redondo Memorial in New Mexico to pay tribute 
to the 9,000 Navajo Indians forced in the 1800s to walk 350 miles to 
Bosque Redondo where they were incarcerated for 5 years.
  Title III expresses the sense of the Congress that public memorials 
commemorating military conflicts should be maintained in good 
condition; and

[[Page H10032]]

to this end, the Secretary of the Interior should coordinate with 
Federal, State, and local officials to catalog these memorials and use 
the resulting information to promote and maintain them. This is based 
on a concurrent resolution sponsored by our colleague, the gentleman 
from California (Mr. Rogan).
  Title IV requires the sale of a small historic site to the Chugach 
Alaska Natives and is noncontroversial.
  Title V incorporates the provisions of legislation sponsored by the 
chairman of the Committee on Commerce, the gentleman from Virginia (Mr. 
Bliley). It adjusts the boundaries of the Richmond National Battlefield 
Park, expanding and completing the existing battlefield to include 
historically significant areas relating to the campaigns against, and 
in defense of, Richmond, Virginia.
  Title VI consists of two important sections addressing the needs of 
southeast Alaska and the Navajo Nation, respectively.
  Section 601 authorizes Southeast Alaskan Intertie system, a project 
critical to the future of southeast Alaska communities. Construction of 
an intertie will give southeast Alaska access to cheap, plentiful 
energy afforded through a power grid linking present and future 
hydroelectric sites. The Southeast Conference and the U.S. Forest 
Service have conducted a thorough environmental and economic analysis 
of this project. This section authorizes such sums that may be 
necessary for construction of the intertie on an 80/20 Federal-local 
cost-share basis.
  The other section establishes a program to assist the Navajo Nation. 
The problem here is not lack of cheap electricity. It is lack of any 
electricity in 18,000 structures. In this modern era, it is 
inconceivable that electricity is unavailable for any Americans. The 
Federal Government has a responsibility to ensure the welfare of 
Indians, and to this end the grant program established in Title VI is 
key to the future well-being of the Navajo Nation.
  This is a solid bill. It has been worked out with Senator Daschle. It 
is his bill. It has been worked out with everybody involved, and I 
believe it is a bill that should be passed and sent to the President.
  Mr. Speaker, I reserve the balance of my time.
  Mr. UDALL of New Mexico. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, I rise in support of the bill S. 964 as passed by the 
Senate. However, without notice to Members, a number of other bills and 
language have been added to this text. Some of these may have merit; 
others are controversial and expensive. One matter involves an issue 
that is within the jurisdiction of the Committee on Commerce, not the 
Committee on Resources. This is not the right approach. It is not the 
way to do business. I do not think it is fair to Members; nor is it 
fair to the public.
  Mr. Speaker, I would ask the chairman, and yield him time to answer 
this question, of how much notice have Members had to study this bill 
and know what is coming up in these additional titles that have been 
added.
  Mr. YOUNG of Alaska. Mr. Speaker, will the gentleman yield?
  Mr. UDALL of New Mexico. I yield to the gentleman from Alaska.
  Mr. YOUNG of Alaska. Unfortunately, the gentleman has not been here 
that long to recognize one thing: we try to notify everybody. Every one 
of the bills have had direct notification to the persons involved. The 
Committee on Commerce, the chairman signed off on this legislation. It 
directly affects his district.
  Everybody that is in this bill that affects someone's district has 
signed off. If the gentleman believes in a representative form of 
government, that is the criteria. To my information, there has been 
nobody who has objected to these. We have been in contact with the 
White House. We have been in contact with Senator Daschle on a daily 
basis. We have been in contact with every Member dealing with a 
provision in this bill.
  Now, if some staff do not like this, just keep in mind this is about 
representation of those people elected. It is about nothing else. This 
is getting into the waning hours, and if the gentleman does not want to 
pass this legislation, fine. It does not bother me a bit, but I have 
been trying to work with Senator Daschle, and if the gentleman does not 
want to vote for this bill talk to Senator Daschle. He asked me to do 
this. I am doing it for him. I am doing it for those people involved in 
this bill, and that is what a chairman is supposed to do.
  This is not a process that we go through that takes a long period of 
time. One tries to get it done; notify those people who are affected; 
ask them whether they like it or not. If they like it, it works well, 
nobody objects to it, including the administration, then we do it.
  Mr. UDALL of New Mexico. Mr. Speaker, I would ask the gentleman from 
Alaska (Mr. Young) if it is his understanding that Senator Daschle 
supports this bill in its entirety.
  Mr. YOUNG of Alaska. In its entirety, he supports this bill. If he 
does not, I will not move it. I talked to him last week. He has been 
talked to every day; and if he does not support the bill, let me know 
now and I will bring the bill down right now.
  Mr. UDALL of New Mexico. Mr. Speaker, I thank the gentleman from 
Alaska (Mr. Young) for that answer. I appreciate very much his 
response.
  Mr. Speaker, I yield back the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, I yield back the balance of my 
time.
  The SPEAKER pro tempore (Mr. Pease). The question is on the motion 
offered by the gentleman from Alaska (Mr. Young) that the House suspend 
the rules and pass the Senate bill, S. 964, as amended.
  The question was taken; and the Speaker pro tempore announced that 
the ayes appeared to have it.
  Mr. UDALL of New Mexico. Mr. Speaker, I object to the vote on the 
ground that a quorum is not present and make the point of order that a 
quorum is not present.
  The SPEAKER pro tempore. Pursuant to clause 8, rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

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