[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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