[Congressional Record Volume 146, Number 132 (Thursday, October 19, 2000)]
[Senate]
[Pages S10808-S10835]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

                        SUGAR TARIFF LEGISLATION

                                 ______
                                 

                       BREAUX AMENDMENT NO. 4325

  (Ordered referred to the Committee on Finance.)
  Mr. BREAUX submitted an amendment intended to be proposed by him to 
the bill (S. 3116) to amend the Harmonized Tariff Schedule of the 
United States to prevent circumvention of the sugar tariff-rate quotas; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. PREVENTION OF CIRCUMVENTION OF SUGAR TARIFF-RATE 
                   QUOTAS.

       (a) Anticircumvention.--
       (1) Amendment to additional united states notes.--
     Additional United States Note 5(a)(i) of chapter 17 of the 
     Harmonized Tariff Schedule of the United States is amended--
       (A) in the first sentence, by striking ``and 2106.90.44,'' 
     and inserting ``1702.90.40, and 2106.90.44, and any other 
     article (other than an article classified under subheading 
     1701.11 or 1701.12) that is entered, or withdrawn from 
     warehouse for consumption, if the article is subsequently 
     used for the commercial extraction or production of sugar for 
     human consumption, or the article is otherwise used in any 
     manner that circumvents any quota imposed pursuant to the 
     notes to this chapter,''; and
       (B) in the second sentence, by striking ``and molasses'' 
     and inserting ``, molasses, and other articles,''.
       (2) Rate of duty.--The rate of duty in effect under 
     subheading 1701.99.10 or 1701.99.50 of the Harmonized Tariff 
     Schedule of the United States, on the date of entry of 
     articles described in the applicable subheading shall apply 
     to any article which the Secretary of the Treasury determines 
     is circumventing the tariff-rate quota relating to articles 
     described in the applicable subheading.
       (3) Animal feed.--Notwithstanding any other provision of 
     law, no tariff-rate quota may be imposed under Additional 
     United States Note 5(a)(i) of chapter 17 of the Harmonized 
     Tariff Schedule, on molasses that is used for animal 
     consumption in the United States.
       (b) Conforming Amendment.--Chapter 17 of the Harmonized 
     Tariff Schedule of the United States is amended by striking 
     subheading 1702.90.40 and inserting in numerical sequence the 
     following new subheadings:

``       1702.90.40          Described in   3.6606 cents/kg less  Free (A*, CA, E*,       6.58170 cents/kg
                              additional     0.020668 cents/kg     IL, J, MX)            less 0.0622005
                              United         for each degree                             cents/kg for each
                              States note    under 100 degrees                           degree under 100
                              5 to this      (and fractions of a                         degrees (and
                              chapter and    degree in                                   fractions of a
                              entered        proportion) but not                         degree in
                              pursuant to    less than 3.143854                          proportion) but not
                              its            cents/kg                                    less than 5.031562
                              provisions                                                 cents/kg

[[Page S10809]]

 
         1702.90.45          Other          35.74 cents/kg        28.247 cents/kg less    42.05 cents/kg
                                                                   0.4 cents/kg for
                                                                   each degree under
                                                                   100 degrees (and
                                                                   fractions of a
                                                                   degree in
                                                                   proportion) but not
                                                                   less than 18.256
                                                                   cents/kg (MX)
 

       (c) Effective Date.--The amendments made by this section 
     apply to goods entered, or withdrawn from warehouse for 
     consumption, on or after the 15th day after the date of 
     enactment of this Act.
                                 ______
                                 

             COLORADO UTE SETTLEMENT ACT AMENDMENTS OF 2000

                                 ______
                                 

                      FEINGOLD AMENDMENT NO. 4326

  Mr. FEINGOLD proposed an amendment to amendment No. 4303 proposed by 
Mr. Campbell the bill (S. 2508) to amend the Colorado Ute Indian Water 
Rights Settlement Act of 1988 to provide for a final settlement of the 
claims of the Colorado Ute Indian Tribes, and for other purposes; as 
follows:

       On page 10 of the amendment, line 11, insert ``, to 
     restrict the availability or scope of judicial review, or to 
     in any way affect the outcome of judicial review of any 
     decision based on such analysis'' before the period.
       On page 10 of the amendment, strike lines 12 through 23 and 
     insert the following:
       ``(C) Limitation.--No facilities of the Animas-La Plata 
     Project, as authorized under the Act of April 11, 1956 (43 
     U.S.C. 620) (commonly referred to as the `Colorado River 
     Storage Act'), other than those specifically authorized in 
     subparagraph (A), are authorized after the date of enactment 
     of this Act.''
       On page 11 of the amendment, beginning on line 21, strike 
     ``Such repayment'' and all that follows through ``.).'' on 
     line 24.
       On page 12 of the amendment, line 9, insert after the 
     period the following: ``Fish and wildlife mitigation costs 
     associated with the facilities described in paragraph 
     (1)(A)(i) shall be reimbursable joint costs of the Animas-La 
     Plata Project. Recreation costs shall be 100 percent 
     reimbursable by nontribal users.''.
       On page 13 of the amendment, beginning on line 2, strike 
     ``Additional'' and all that follows through line 6.
                                 ______
                                 

              STRATEGIC PETROLEUM RESERVE REAUTHORIZATION

                                 ______
                                 

              MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4327

  Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman)) 
proposed an amendment to the bill (H.R. 2884) to extend energy 
conservation programs under the Energy Policy and Conservation Act 
through fiscal year 2003; as follows:

       Strike all after the enacting clause and insert in lieu 
     thereof the following:

     SEC. 1. SHORT TITLE.

       This Act may be cited as the Energy Act of 2000.
                                TITLE I
                      STRATEGIC PETROLEUM RESERVE

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Energy Policy and 
     Conservation Act Amendments of 2000''.

     SECTION. 102.

       Section 2 of the Energy Policy and Conservation Act (42 
     U.S.C. 6201) is amended--
       (a) in paragraph (1) by striking ``standby'' and ``, 
     subject to congressional review, to impose rationing, to 
     reduce demand for energy through the implementation of energy 
     conservation plans, and''; and
       (b) by striking paragraphs (3) and (6).

     SECTION. 103.

       Title I of the Energy Policy and Conservation Act (42 
     U.S.C. 6211-6251) is amended--
       (a) by striking section 102 (42 U.S.C. 6211) and its 
     heading;
       (b) by striking section 104(b)(1);
       (c) by striking section 106 (42 U.S.C. 6214) and its 
     heading;
       (d) by amending section 151(b) (42 U.S.C. 6231) to read as 
     follows:
       ``(b) It is the policy of the United States to provide for 
     the creation of a Strategic Petroleum Reserve for the storage 
     of up to 1 billion barrels of petroleum products to reduce 
     the impact of disruptions in supplies of petroleum products, 
     to carry out obligations of the United States under the 
     international energy program, and for other purposes as 
     provided for in this Act.'';
       (e) in section 152 (42 U.S.C. 6232)--
       (1) by striking paragraphs (1), (3) and (7), and
       (2) in paragraph (11) by striking ``; such term includes 
     the Industrial Petroleum Reserve, the Early Storage Reserve, 
     and the Regional Petroleum Reserve''.
       (f) by striking section 153 (42 U.S.C. 623) and its 
     heading;
       (g) in section 154 (42 U.S.C. 6234)--
       (1) by amending subsection (a) to read as follows:
       ``(a) A Strategic Petroleum Reserve for the storage of up 
     to 1 billion barrels of petroleum products shall be created 
     pursuant to this part.'';
       (2) by amending subsection (b) to read as follows:
       ``(b) The Secretary, in accordance with this part, shall 
     exercise authority over the development, operation, and 
     maintenance of the Reserve.''; and
       (3) by striking subsections (c), (d), and (e);
       (h) by striking section 155 (42 U.S.C. 6235) and its 
     heading;
       (i) by striking section 156 (42 U.S.C. 6236) and its 
     heading;
       (j) by striking section 157 (42 U.S.C. 6237) and its 
     heading;
       (k) by striking section 158 (42 U.S.C. 6238) and its 
     heading;
       (l) by amending the heading for section 159 (42 U.S.C. 
     6239) to read, ``Development, Operation, and Maintenance of 
     the Reserve'';
       (m) in section 159 (42 U.S.C. 6239)--
       (1) by striking subsections (a), (b), (c), (d), and (e);
       (2) by amending subsection (f) to read as follows:
       ``(f) In order to develop, operate, or maintain the 
     Strategic Petroleum Reserve, the Secretary may:
       ``(1) issue rules, regulations, or orders;
       ``(2) acquire by purchase, condemnation, or otherwise, land 
     or interests in land for the location of storage and related 
     facilities;
       ``(3) construct, purchase, lease, or otherwise acquire 
     storage and related facilities;
       ``(4) use, lease, maintain, sell or otherwise dispose of 
     land or interests in land, or of storage and related 
     facilities acquired under this part, under such terms and 
     conditions as the Secretary considers necessary or 
     appropriate;
       ``(5) acquire, subject to the provisions of section 160, by 
     purchase, exchange, or otherwise, petroleum products for 
     storage in the Strategic Petroleum Reserve;
       ``(6) store petroleum products in storage facilities owned 
     and controlled by the United States or in storage facilities 
     owned by others if those facilities are subject to audit by 
     the United States;
       ``(7) execute any contracts necessary to develop, operate, 
     or maintain the Strategic Petroleum Reserve;
       ``(8) bring an action, when the Secretary considers it 
     necessary, in any court having jurisdiction over the 
     proceedings, to acquired by condemnation any real or personal 
     property, including facilities, temporary use of facilities, 
     or other interests in land, together with any personal 
     property located on or used with the land.''; and
       (3) in subsection (g)--
       (A) by striking ``implementation'' and inserting 
     ``development''; and
       (B) by striking ``Plan'';
       (4) by striking subsections (h) and (i);
       (5) by amending subsection (j) to read as follows:
       ``(j) If the Secretary determines expansion beyond 
     700,000,000 barrels of petroleum product inventory is 
     appropriate, the Secretary shall submit a plan for expansion 
     to the Congress.''; and
       (6) by amending subsection (I) to read as follows:
       ``(I) During a drawdown and sale of Strategic Petroleum 
     Reserve petroleum products, the Secretary may issue 
     implementing rules, regulations, or orders in accordance with 
     section 553 of title 5, United States Code, without regard to 
     rulemaking requirements in section 523 of this Act, and 
     section 501 of the Department of Energy Organizations Act (42 
     U.S.C. 7191).'';
       (n) in section 160 (420 U.S.C. 6240)--
       (1) in subsection (a), by striking all before the dash and 
     inserting the following--
       ``(a) The Secretary may acquire, place in storage, 
     transport, or exchange'';
       (2) in subsection (a)(1) by striking all after ``Federal 
     lands'';
       (3) in subsection (b), by striking ``, including the Early 
     Storage Reserve and the Regional Petroleum Reserve'' and by 
     striking paragraph (2); and
       (4) by striking subsections (c), (d), (e), and (g);
       (o) in section 161 (42 U.S.C. 6241)--
       (1) by striking ``Distribution of the Reserve'' in the 
     title of this section and inserting ``Sale of Petroleum 
     Products'';
       (2) in subsection (a), by striking ``drawdown and 
     distribute'' and inserting ``draw down and sell petroleum 
     products in'';
       (3) by striking subsection (b), (c), and (f);

[[Page S10810]]

       (4) by amending subsection (d)(1) to read as follows:
       ``(d)(1) Drawdown and sale of petroleum products from the 
     Strategic Petroleum Reserve may not be made unless the 
     President has found drawdown and sale are required by a 
     severe energy supply interruption or by obligations of the 
     United States under the international energy program.'';
       (5) by amending subsection (e) to read as follows:
       ``(e)(1) The Secretary shall sell petroleum products 
     withdrawn from the Strategic Petroleum Reserve at public sale 
     to the highest qualified bidder in the amounts, for the 
     period, and after a notice of sale considered appropriate by 
     the Secretary, and without regard to Federal, State, or local 
     regulations controlling sales of petroleum products.
       ``(2) The Secretary may cancel in whole or in part any 
     offer to sell petroleum products as part of any drawdown and 
     sale under this Section.''; and
       (6) in subsection (g)--
       (A) by amending paragraph (1) to read as follows:
       ``(g)(1) The Secretary shall conduct a continuing 
     evaluation of the drawdown and sales procedures. In the 
     conduct of an evaluation, the Secretary is authorized to 
     carry out a test drawdown and sale or exchange of petroleum 
     products from the Reserve. Such a test drawdown and sale or 
     exchange may not exceed 5,000,000 barrels of petroleum 
     products.'';
       (B) by striking paragraphs (2);
       (C) in paragraph (4), by striking ``90'' and inserting 
     ``95'';
       (D) in paragraph (5), by striking ``drawdown and 
     distribution'' and inserting ``test'';
       (E) by amending paragraph (6) to read as follows:
       ``(6) In the case of a sale of any petroleum products under 
     this subsection, the Secretary shall, to the extent funds are 
     available in the SPR Petroleum Account as a result of such 
     sale, acquire petroleum products for the Reserve within the 
     12-month period beginning after completion of the sale.''; 
     and
       (F) in paragraph (8), by striking ``drawdown and 
     distribution'' and inserting ``test'';
       (7) in subsection (h)--
       (A) in paragraph (1) by striking ``distribute'' and 
     inserting ``sell petroleum products from'';
       (B) by deleting ``and'' at the end of paragraph (1)(A) and 
     by deleting ``shortage,'' at the end of paragraph (1)(B) and 
     inserting ``shortage; and
       ``(C) the Secretary of Defense has found that action taken 
     under this subsection will not impair national security,'';
       (C) in paragraph (2) by striking ``In no case may the 
     Reserve'' and inserting ``Petroleum products from the Reserve 
     may not''; and
       (D) in paragraph (3) by striking ``distribution'' each time 
     it appears and inserting ``sale'';
       (p) by striking section 164 (42 U.S.C. 6244) and its 
     heading;
       (q) by amending section 165 (42 U.S.C. 6245) and its 
     heading to read as follows--


                            ``Annual Report

       ``Sec. 165. The Secretary shall report annually to the 
     President and the Congress on actions taken to implement this 
     part. This report shall include--
       ``(1) the status of the physical capacity of the Reserve 
     and the type and quantity of petroleum products in the 
     Reserve;
       ``(2) an estimate of the schedule and cost to complete 
     planned equipment upgrade or capital investment in the 
     Reserve, including upgrades and investments carried out as 
     part of operational maintenance or extension of life 
     activities;
       ``(3) an identification of any life-limiting conditions or 
     operational problems at any Reserve facility, and proposed 
     remedial actions including an estimate of the schedule and 
     cost of implementing those remedial actions;
       ``(4) a description of current withdrawal and distribution 
     rates and capabilities, and an identification of any 
     operational or other limitations on those rates and 
     capabilities;
       ``(5) a listing of petroleum product acquisitions made in 
     the preceding year and planned in the following year, 
     including quantity, price, and type of petroleum;
       ``(6) a summary of the actions taken to develop, operate, 
     and maintain the Reserve;
       ``(7) a summary of the financial status and financial 
     transactions of the Strategic Petroleum Reserve and Strategic 
     Petroleum Reserve Petroleum Accounts for the year.
       ``(8) a summary of expenses for the year, and the number of 
     Federal and contractor employees;
       ``(9) the status of contracts for development, operation, 
     maintenance, distribution, and other activities related to 
     the implementation of this part;
       ``(10) a summary of foreign oil storage agreements and 
     their implementation status;
       ``(11) any recommendations for supplemental legislation or 
     policy or operational changes the Secretary considers 
     necessary or appropriate to implement this part.'';
       (r) in section 166 (42 U.S.C. 6246) by striking ``for 
     fiscal year 1997.'';
       (s) in section 167 (42 U.S.C. 6247)--
       (1) in subsection (b)--
       (A) by striking ``and the drawdown'' and inserting ``for 
     test sales of petroleum products from the Reserve, and for 
     the drawdown, sale,'';
       (B) by striking paragraph (1); and
       (C) in paragraph (2), by striking ``after fiscal year 
     1982''; and
       (2) by striking subsection (e);
       (t) in section 171 (42 U.S.C. 6249)--
       (1) by amending subsection (b)(2)(B) to read as follows:
       ``(B) the Secretary notifies each House of the Congress of 
     the determination and identifies in the notification the 
     location, type, and ownership of storage and related 
     facilities proposed to be included, or the volume, type, and 
     ownership of petroleum products proposed to be stored, in the 
     Reserve, and an estimate of the proposed benefits.'';
       (2) in subsection (b)(3), by striking ``distribution of'' 
     and inserting ``sale of petroleum products from'';
       (u) in section 172 (42 U.S.C. 6249a), by striking 
     subsections (a) and (b);
       (v) by striking section 173 (42 U.S.C. 6249b) and its 
     heading; and
       (w) in section 181 (42 U.S.C. 6251), by striking ``March 
     31, 2000'' each time it appears and inserting ``September 30, 
     2003''.

     SECTION. 104.

       Title II of the Energy Policy and Conservation Act (42 
     U.S.C. 6211-6251) is amended--
       (a) by striking Part A (42 U.S.C. 6261 through 6264) and 
     its heading;
       (b) by adding at the end of section 256(h), ``There are 
     authorized to be appropriated for fiscal years 2000 through 
     2003, such sums as may be necessary.''
       (c) by striking Part C (42 U.S.C. 6281 through 6282) and 
     its heading; and
       (d) in section 281 (42 U.S.C. 6285), by striking ``March 
     31, 2000'' each time it appears and inserting ``September 30, 
     2003''.

     SEC. 105. CLERICAL AMENDMENTS.

       The Table of Contents for the Energy Policy and 
     Conservation Act is amended--
       (a) by striking the items relating to sections 102, 106, 
     153, 155, 156, 157, 158, and 164;
       (b) by amending the item relating to section 159 to read as 
     follows: ``Development, Operation, and Maintenance of the 
     Reserve.'';
       (c) by amending the item relating to section 161 to read as 
     follows: ``Drawdown and Sale of Petroleum Products''; and
       (d) by amending the item relating to section 165 to read as 
     follows: ``Annual Report''.
                                TITLE II
                          HEATING OIL RESERVE

     SEC. 201. NORTHEAST HOME HEATING OIL RESERVE.

       (a) Title I of the Energy Policy and Conservation Act is 
     amended by--
       (1) redesignating part D as part E;
       (2) redesignating section 181 as section 191; and
       (3) inserting after part C the following new part D:

              ``PART D--NORTHEAST HOME HEATING OIL RESERVE


                            ``establishment

       ``Sec. 181. (a) Notwithstanding any other provision of this 
     Act, the Secretary may establish, maintain, and operate in 
     the Northeast a Northeast Home Heating Oil Reserve. A Reserve 
     established under this part is not a component of the 
     Strategic Petroleum Reserve established under part B of this 
     title. A Reserve established under this part shall contain no 
     more than 2 million barrels of petroleum distillate.
       ``(b) For the purposes of this part--
       ``(1) the term `Northeast' means the States of Maine, New 
     Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, 
     New York, Pennsylvania, and New Jersey;
       ``(2) the term `petroleum distillate' includes heating oil 
     and diesel fuel; and
       ``(3) the term `Reserve' means the Northeast Home Heating 
     Oil Reserve established under this part.


                              ``authority

       ``Sec. 182. To the extent necessary or appropriate to carry 
     out this part, the Secretary may----
       ``(1) purchase, contract for, lease, or otherwise acquire, 
     in whole or in part, storage and related facilities, and 
     storage services;
       ``(2) use, lease, maintain, sell, or otherwise dispose of 
     storage and related facilities acquired under this part;
       ``(3) acquire by purchase, exchange (including exchange of 
     petroleum product from the Strategic Petroleum Reserve or 
     received as royalty from Federal lands), lease, or otherwise, 
     petroleum distillate for storage in the Northeast Home 
     Heating Oil Reserve;
       ``(4) store petroleum distillate in facilities not owned by 
     the United States; and
       ``(5) sell, exchange, or otherwise dispose of petroleum 
     distillate from the Reserve established under this part, 
     including to maintain the quality or quantity of the 
     petroleum distillate in the Reserve or to maintain the 
     operational capability of the Reserve.


                     ``conditions for release; plan

       ``Sec. 183. (a) Finding.--The Secretary may sell product 
     from the Reserve only upon a finding by the President that 
     there is a severe energy supply interruption. Such a finding 
     may be made only if he determines that--
       ``(1) a dislocation in the heating oil market has resulted 
     from such interruption; or
       ``(2) a circumstance, other than that described in 
     paragraph (1), exists that constitutes a regional supply 
     shortage of significant scope and duration and that action 
     taken under this section would assist directly and 
     significantly in reducing the adverse impact of such 
     shortage.
       ``(b) Definition.--For purposes of this section a 
     `dislocation in the heating oil market' shall be deemed to 
     occur only when--
       ``(1) The price differential between crude oil, as 
     reflected in an industry daily publication such as `Platt's 
     Oilgram Price Report'

[[Page S10811]]

     or `Oil Daily' and No. 2 heating oil, as reported in the 
     Energy Information Administration's retail price data for the 
     Northeast, increases by more tan 60% over its five year 
     rolling average for the months of mid-October through March, 
     and continues for 7 consecutive days; and
       ``(2) The price differential continues to increase during 
     the most recent week for which price information is 
     available.
       ``(c) The Secretary shall conduct a continuing evaluation 
     of the residential price data supplied by the Energy 
     Information Administration for the Northeast and data on 
     crude oil prices from published sources.
       ``(d) After consultation with the heating oil industry, the 
     Secretary shall determine procedures governing the release of 
     petroleum distillate from the Reserve. The procedures shall 
     provide that:
       ``(1) The Secretary may--
       ``(A) sell petroleum distillate from the Reserve through a 
     competitive process, or
       ``(B) enter into exchange agreements for the petroleum 
     distillate that results in the Secretary receiving a greater 
     volume of petroleum distillate as repayment than the volume 
     provided to the acquirer;
       ``(2) In such sales or exchanges, the Secretary shall 
     receive revenue or its equivalent in petroleum distillate 
     that provides the Department with fair market value. At no 
     time may the oil be sold or exchanged resulting in a loss of 
     revenue or value to the United States; and
       ``(3) The Secretary shall only sell or dispose of the oil 
     in the Reserve to entities customarily engaged in the sale 
     and distribution of petroleum distillate.
       ``(e) Within 45 days of the date of the enactment of this 
     section, the Secretary shall transmit to the President and, 
     if the President approves, to the Congress a plan 
     describing--
       ``(1) the acquisition of storage and related facilities or 
     storage services for the Reserve, including the potential use 
     of storage facilities not currently in use;
       ``(2) the acquisition of petroleum distillate for storage 
     in the Reserve;
       ``(3) the anticipated methods of disposition of petroleum 
     distillate from the Reserve;
       ``(4) the estimated costs of establishment, maintenance, 
     and operation of the Reserve;
       ``(5) efforts the Department will take to minimize any 
     potential need for future drawdowns and ensure that 
     distributors and importers are not discouraged from 
     maintaining and increasing supplies to the Northeast; and
       ``(6) actions to ensure quality of the petroleum distillate 
     in the Reserve.


              ``northeast home heating oil reserve account

       ``Sec. 184. (a) Upon a decision of the Secretary of Energy 
     to establish a Reserve under this part, the Secretary of the 
     Treasury shall establish in the Treasury of the United States 
     an account known as the `Northeast Home Heating Oil Reserve 
     Account' (referred to in this section as the `Account').
       ``(b) the Secretary of the Treasury shall deposit in the 
     Account any amounts appropriated to the Account and any 
     receipts from the sale, exchange, or other disposition of 
     petroleum distillate from the Reserve.
       ``(c) The Secretary of Energy may obligate amounts in the 
     Account to carry out activities under this part without the 
     need for further appropriation, and amounts available to the 
     Secretary of Energy for obligation under this section shall 
     remain available without fiscal year limitation.


                              ``exemptions

       ``Sec. 185. An action taken under this part is not subject 
     to the rulemaking requirements of section 523 of this Act, 
     section 501 of the Department of Energy Organization Act, or 
     section 553 of title 5, United States Code.


                   ``authorization of appropriations

       ``Sec. 186. There are authorized to be appropriated for 
     fiscal years 2001, 2002, and 2003 such sums as may be 
     necessary to implement this part.''.

     SEC. 202. USE OF ENERGY FUTURES FOR FUEL PURCHASES.

       (a) Heating Oil Study.--The Secretary shall conduct a study 
     on--
       (1) the use of energy futures and options contracts to 
     provide cost-effective protection from sudden surges in the 
     price of heating oil (including number two fuel oil, propane, 
     and kerosine) for state and local government agencies, 
     consumer cooperatives, and other organizations that purchase 
     heating oil in bulk to market to end use consumers in the 
     Northeast (as defined in section 201); and
       (2) how to most effectively inform organizations identified 
     in paragraph (1) about the benefits and risks of using energy 
     futures and options contracts.
       (b) Report.--The Secretary shall transmit the study 
     required in this section to the Committee on Commerce of the 
     House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate not later than 180 days after 
     the enactment of this section. The report shall contain a 
     review of prior studies conducted on the subjects described 
     in subsection (a).
                        MARGINAL WELL PURCHASES

     SEC. 301. PURCHASE OF OIL FROM MARGINAL WELLS.

       (a) Purchase of Oil From Marginal Wells.--Part B of Title I 
     of the Energy Policy and Conservation Act (42 U.S.C. 6232 et 
     seq.) is amended by adding the following new section after 
     section 168:


                 ``purchase of oil from marginal wells

       ``Sec. 169. (a) In General.--From amounts authorized under 
     section 166, in any case in which the price of oil decreases 
     to an amount less than $15.00 per barrel (an amount equal to 
     the annual average well head price per barrel for all 
     domestic crude oil), adjusted for inflation, the Secretary 
     may purchase oil from a marginal well at $15.00 per barrel, 
     adjusted for inflation.
       ``(b) Definition of Marginal Well.--The term `marginal 
     well' has the same meaning as the definition of `stripper 
     well property' in section 613A(c)(6)(E) of the Internal 
     Revenue Code (26 U.S.C. 613A(c)(6)(E)).''.
       (b) Conforming Amendment.--The table of contents for the 
     Energy Policy and Conservation Act is amended by inserting 
     after the item relating to section 168 the following:

``Sec. 169. Purchase of oil from marginal wells.''.
                                TITLE IV
                       FEDERAL ENERGY MANAGEMENT

     SEC. 401. FEMP.

       Section 801 of the National Energy Conservation Policy Act 
     (42 U.S.C. 8287(a)(2)(D)(iii) is amended by striking 
     ``$750,000'' and inserting ``$10,000,000''.
                                TITLE V
      ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC PROJECTS

     SEC. 501. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC 
                   PROJECTS.

       Part I of the Federal Power Act (16 U.S.C. 792 et seq.) is 
     amended by adding at the end the following:

     ``SEC. 32. ALASKA STATE JURISDICTION OVER SMALL HYDROELECTRIC 
                   PROJECTS.

       ``(a) Discontinuance of Regulation by the Commission.--
     Notwithstanding sections 4(e) and 23(b), the Commission shall 
     discontinue exercising licensing and regulatory authority 
     under this Part over qualifying project works in the State of 
     Alaska, effective on the date on which the Commission 
     certifies that the State of Alaska has in place a regulatory 
     program for water-power development that--
       ``(1) protects the public interest, the purposes listed in 
     paragraph (2), and the environment to the same extent 
     provided by licensing and regulation by the Commission under 
     this Part and other applicable Federal laws, including the 
     Endangered Species Act (16 U.S.C. 1531 et seq.) and the Fish 
     and Wildlife Coordination Act (16 U.S.C. 661 et seq.);
       ``(2) gives equal consideration to the purposes of--
       ``(A) energy conservation;
       ``(B) the protection, mitigation of damage to, and 
     enhancement of, fish and wildlife (including related spawning 
     grounds and habitat);
       ``(C) the protection of recreational opportunities,
       ``(D) the preservation of other aspects of environmental 
     quality,
       ``(E) the interests of Alaska Natives, and
       ``(F) other beneficial public uses, including irrigation, 
     flood control, water supply, and navigation; and
       ``(3) requires, as a condition of a license for any project 
     works--
       ``(A) the construction, maintenance, and operation by a 
     licensee at its own expense of such lights and signals as may 
     be directed by the Secretary of the Department in which the 
     Coast Guard is operating, and such fishways as may be 
     prescribed by the Secretary of the Interior or the Secretary 
     of Commerce, as appropriate;
       ``(B) the operation of any navigation facilities which may 
     be constructed as part of any project to be controlled at all 
     times by such reasonable rules and regulations as may be made 
     by the Secretary of the Army; and
       ``(C) conditions for the protection, mitigation, and 
     enhancement of fish and wildlife based on recommendations 
     received pursuant to the Fish and Wildlife Coordination Act 
     (16 U.S.C. 661 et seq.) from the National Marine Fisheries 
     Service, the United States Fish and Wildlife Service, and 
     State fish and wildlife agencies.
       ``(b) Definition of `Qualifying Project Works'.--For 
     purposes of this section, the term `qualifying project works' 
     means project works--
       ``(1) that are not part of a project licensed under this 
     Part or exempted from licensing under this Part or section 
     405 of the Public Utility Regulatory Policies Act of 1978 
     prior to the date of enactment of this section;
       ``(2) for which a preliminary permit, a license 
     application, or an application for an exemption from 
     licensing has not been accepted for filing by the Commission 
     prior to the date of enactment of subsection (c) unless such 
     application is withdrawn at the election of the applicant);
       ``(3) that are part of a project that has a power 
     production capacity of 5,000 kilowatts or less;
       ``(4) that are located entirely within the boundaries of 
     the State of Alaska; and
       ``(5) that are not located in whole or in part on any 
     Indian reservation, a conservation system unit (as defined in 
     section 102(4) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3102(4))), or segment of a river 
     designated for study for addition to the Wild and Scenic 
     Rivers System.
       ``(c) Election of State Licensing.--In the case of 
     nonqualifying project works that would be a qualifying 
     project works but for the fact that the project has been 
     licensed (or exempted from licensing) by the Commission prior 
     to the enactment of this section,

[[Page S10812]]

     the licensee of such project may in its discretion elect to 
     make the project subject to licensing and regulation by the 
     State of Alaska under this system.
       ``(d) Project Works on Federal Lands.--With respect to 
     projects located in whole or in part on a reservation, a 
     conservation system unit, or the public lands, a State 
     licences or exemption from licensing shall be subject to--
       ``(1) the approval of the Secretary having jurisdiction 
     over such lands; and
       ``(2) such conditions as the Secretary may prescribe.
       ``(e) Consultation With Affected Agencies.--The Commission 
     shall consult with the Secretary of the Interior, the 
     Secretary of Agriculture, and the Secretary of Commerce 
     before certifying the State of Alaska's regulatory program.
       ``(f) Application of Federal Laws.--Nothing in this section 
     shall preempt the application of Federal environmental, 
     natural resources, or cultural resources protection laws 
     according to their terms.
       ``(g) Oversight by the Commission.--The State of Alaska 
     shall notify the Commission not later than 30 days after 
     making any significant modification to its regulatory 
     program. The Commission shall periodically review the State's 
     program to ensure compliance with the provisions of this 
     section.
       ``(h) Resumption of Commission Authority.--Notwithstanding 
     subsection (a), the Commission shall reassert its licensing 
     and regulatory authority under this Part if the Commission 
     finds that the State of Alaska has not complied with one or 
     more of the requirements of this section.
       ``(i) Determination by the Commission.--
       ``(1) Upon application by the Governor of the State of 
     Alaska, the Commission shall within 30 days commence a review 
     of the State of Alaska's regulatory program for water-power 
     development to determine whether it complies with the 
     requirements of Subsection (a).
       ``(2) The Commission's review required by Paragraph (1) 
     shall be completed with one year of initiation, and the 
     Commission shall within 30 days thereafter issue a final 
     order determining whether or not the State of Alaska's 
     regulatory program for waterpower development complies with 
     the requirements of subsection (a).
       ``(3) If the Commission fails to issue a final order in 
     accordance with paragraph (2) the State of Alaska's 
     regulatory program for water-powered development shall be 
     deemed to be in compliance with subsection (a).''.
                                TITLE VI
 WEATHERIZATION, SUMMER FILL, HYDROELECTRIC LICENSING PROCEDURES, AND 
                   INVENTORY OF OIL AND GAS RESERVES

     SEC. 601. CHANGES IN WEATHERIZATION PROGRAM TO PROTECT LOW-
                   INCOME PERSONS.

       (a) The matter under the heading ``Energy Conservation 
     (Including Transfer of Funds)'' in title II of the Department 
     of the Interior and Related Agencies Appropriations Act, 2000 
     (113 Stat. 1535, 1501A-180), is amended by striking 
     ``grants:'' and all that follows and inserting ``grants.''.
       (b) Section 415 of the Energy Conservation and Production 
     Act (42 U.S.C. 6865) is amended--
       (1) in subsection (a)(1) by striking the first sentence;
       (2) in subsection (a)(2) by--
       (A) striking ``(A)''.
       (B) striking ``approve a State's application to waive the 
     40 percent requirement established in paragraph (1) if the 
     State includes in its plan'' and inserting ``establish'', and
       (C) striking subparagraph (B);
       (3) in subsection (c)(1) by--
       (A) striking ``paragraphs (3) and (4)'' and inserting 
     ``paragraph (3)'',
       (B) striking ``$1600'' and inserting ``$2500'',
       (C) striking ``and'' at the end of subparagraph (C),
       (D) striking the period and inserting ``, and'' in 
     subparagraph (D), and
       (E) inserting after subparagraph (D) the following new 
     subparagraph:
       ``(E) the cost of making heating and cooling modifications, 
     including replacement'';
       (4) in subsection (c)(3) by--
       (A) striking ``1991, the $1600 per dwelling unit 
     limitation' and inserting `2000, the $2500 per dwelling unit 
     average'',
       (B) striking ``limitation'' and inserting ``average'' each 
     time it appears, and
       (C) inserting ``the'' after ``beginning of'' in 
     subparagraph (B); and
       (5) by striking subsection (c)(4).

     SEC. 602. SUMMER FILL AND FUEL BUDGETING PROGRAMS.

       (a) Part C of title II of the Energy Policy and 
     Conservation Act (42 U.S.C.. 6211 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 273. SUMMER FILL AND FUEL BUDGETING PROGRAMS.

       ``(a) Definitions.--In this section:
       ``(1) Budget contract.--The term `budget contract' means a 
     contract between a retailer and a consumer under which the 
     heating expenses of the consumer are spread evenly over a 
     period of months.
       ``(2) Fixed-price contract.--The term `fixed-price 
     contract' means a contract between a retailer and a consumer 
     under which the retailer charges the consumer a set price for 
     propane, kerosene, or heating oil without regard to market 
     price fluctuations.
       ``(3) Price cap contract.--The term `price cap contract' 
     means a contract between a retailer and a consumer under 
     which the retailer charges the consumer the market price for 
     propane, kerosene, or heating oil, but the cost of the 
     propane, kerosene, or heating oil may exceed a maximum amount 
     stated in the contract.
       ``(b) Assistance.--At the request of the chief executive 
     officer of a State, the Secretary shall provide information, 
     technical assistance, and funding--
       ``(1) to develop education and outreach programs to 
     encourage consumers to fill their storage facilities for 
     propane, kerosene, and heating oil during the summer months; 
     and
       ``(2) to promote the use of budget contracts, price cap 
     contracts, fixed-price contracts, and other advantageous 
     financial arrangements;

     to avoid severe seasonal price increases for and supply 
     shortages of those products.
       ``(c) Preference.--In implementing this section, the 
     Secretary shall give preference to States that contribute 
     public funds or leverage private funds to develop State 
     summer fill and fuel budgeting programs.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section--
       ``(1) $25,000,000 for fiscal year 2001; and
       ``(2) such sums as are necessary for each fiscal year 
     thereafter.
       ``(3) Inapplicability of Expiration Provision.--Section 281 
     does not apply to this section.''.
       (b) The table of contents in the first section of the 
     Energy Policy and Conservation Act (42 U.S.C. prec. 6201) is 
     amended by inserting after the item relating to section 272 
     the following:

``Sec. 273. Summer fill and fuel budgeting programs.''.

     SEC. 603. EXPEDITED FERC HYDROELECTRIC LICENSING PROCEDURES.

       The Federal Energy Regulatory Commission shall, in 
     consultation with other appropriate agencies, immediately 
     undertake a comprehensive review of policies, procedures and 
     regulations for the licensing of hydroelectric projects to 
     determine how to reduce the cost and time of obtaining a 
     license. The Commission shall report its findings within six 
     months of the date of enactment to the Congress, including 
     any recommendations for legislative changes.

     SEC. 604. SCIENTIFIC INVENTORY OF OIL AND GAS RESERVES.

       (a) In General.--The Secretary of the Interior, in 
     consultation with the Secretaries of Agriculture and Energy, 
     shall conduct an inventory of all onshore federal lands. The 
     inventory shall identify:
       (1) The United States Geological Survey reserve estimates 
     of the oil and gas resources underlying these lands, and;
       (2) The extent and nature of any restrictions or 
     impediments to the development of such resources.
       (b) Once completed, the USGS reserve estimates and the 
     surface availability data as provided in (a)(2) shall be 
     regularly updated and made publically available.
       (c) The inventory shall be provided to the Committee on 
     Resources of the House of Representatives and to the 
     Committee on Energy and Natural Resources of the Senate 
     within two years after the date of enactment of this section.
       (d) There are authorized to be appropriated such sums as 
     may be necessary to implement this section.

     SEC. 605. ANNUAL HOME HEATING READINESS REPORTS.

       (a) In General.--Part A of title I of the Energy Policy and 
     Conservation Act (42 U.S.C. 6211 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 108. ANNUAL HOME HEATING READINESS REPORTS.

       ``(a) In General.--On or before September 1 of each year, 
     Secretary, acting through the Administrator of the Energy 
     Information Agency, shall submit to Congress a Home Heating 
     Readiness Report on the readiness of the natural gas, heating 
     oil and propane industries to supply fuel under various 
     weather conditions, including rapid decreases in temperature.
       ``(b) Contents.--The Home Heating Readiness Report shall 
     include--
       ``(1) estimates of the consumption, expenditures, and 
     average price per gallon of heating oil and propane and 
     thousand cubic feet of natural gas for the upcoming period of 
     October through March for various weather conditions, with 
     special attention to extreme weather, and various regions of 
     the country;
       ``(2) an evaluation of--
       ``(A) global and regional crude oil and refined product 
     supplies;
       ``(B) the adequacy and utilization of refinery capacity;
       ``(C) the adequacy, utilization, and distribution of 
     regional refined product storage capacity;
       ``(D) weather conditions;
       ``(E) the refined product transportation system;
       ``(F) market inefficiencies; and
       ``(G) any other factor affecting the functional capability 
     of the heating oil industry and propane industry that has the 
     potential to affect national or regional supplies and prices;
       ``(3) recommendations on steps that the Federal, State, and 
     local governments can take to prevent or alleviate the impact 
     of sharp and sustained increases in the price of natural gas, 
     heating oil and propane; and
       ``(4) recommendations on steps that companies engaged in 
     the production, refining, storage, transportation of heating 
     oil or propane, or any other activity related to the

[[Page S10813]]

     heating oil industry or propane industry, can take to prevent 
     or alleviate the impact of sharp and sustained increases in 
     the price of heating oil and propane.
       ``(c) Information Requests.--The Secretary may request 
     information necessary to prepare the Home Heating Readiness 
     Report from companies described in subsection (b)(4).''.
       (b) Conforming and Technical Amendments.--The Energy Policy 
     and Conservation Act is amended--
       (1) in the table of contents in the first section (42 
     U.S.C. prec. 6201), by inserting after the item relating to 
     section 106 the following:

``Sec. 107. Major fuel burning stationary source.
``Sec. 108. Annual home heating readiness reports.'';

     and
       (2) in section 107 (42 U.S.C. 6215), by striking ``SEC. 
     107. (a) No Governor'' and inserting the following:

     ``SEC. 107. MAJOR FUEL BURNING STATIONARY SOURCE.

       ``(a) No Governor''.
                               TITLE VII
            NATIONAL OIL HEAT RESEARCH ALLIANCE ACT OF 1999

     SEC. 701. SHORT TITLE.

       This title may be cited as the `National Oilheat Research 
     Alliance Act of 2000'.

     SEC. 702. FINDINGS.

       Congress finds that--
       (1) oilheat is an important commodity relied on by 
     approximately 30,000,000 Americans as an efficient and 
     economical energy source for commercial and residential space 
     and hot water heating;
       (2) oilheat equipment operates at efficiencies among the 
     highest of any space heating energy source, reducing fuel 
     costs and making oilheat an economical means of space 
     heating;
       (3) the production, distribution, and marketing of oilheat 
     and oilheat equipment plays a significant role in the economy 
     of the United States, accounting for approximately 
     $12,900,000,000 in expenditures annually and employing 
     millions of Americans in all aspects of the oilheat industry;
       (4) only very limited Federal resources have been made 
     available for oilheat research, development, safety, 
     training, and education efforts, to the detriment of both 
     the oilheat industry and its 30,000,000 consumers; and
       (5) the cooperative development, self-financing, and 
     implementation of a coordinated national oilheat industry 
     program of research and development, training, and consumer 
     education is necessary and important for the welfare of the 
     oilheat industry, the general economy of the United States, 
     and the millions of Americans that rely on oilheat for 
     commercial and residential space and hot water heating.

     SEC. 703. DEFINITIONS.

       In this title:
       (1) Alliance.--The term ``Alliance'' means a national 
     oilheat research alliance established under section 704.
       (2) Consumer education.--The term ``consumer education'' 
     means the provision of information to assist consumers and 
     other persons in making evaluations and decisions regarding 
     oilheat and other nonindustrial commercial or residential 
     space or hot water heating fuels.
       (3) Exchange.--The term ``exchange'' means an agreement 
     that--
       (A) entitles each party or its customers to receive oilheat 
     from the other party; and
       (B) requires only an insubstantial portion of the volumes 
     involved in the exchange to be settled in cash or property 
     other than the oilheat.
       (4) Industry trade association.--The term ``industry trade 
     association'' means an organization described in paragraph 
     (3) or (6) of section 501(c) of the Internal Revenue Code of 
     1986 that is exempt from taxation under section 501(a) of 
     that Code and is organized for the purpose of representing 
     the oilheat industry.
       (5) No. 1 distillate.--The term ``No. 1 distillate'' means 
     fuel oil classified as No. 1 distillate by the American 
     Society for Testing and Materials.
       (6) No. 2 dyed distillate.--The term ``No. 2 dyed 
     distillate'' means fuel oil classified as No. 2 distillate by 
     the American Society for Testing and Materials that is 
     indelibly dyed in accordance with regulations prescribed by 
     the Secretary of the Treasury under section 4082(a)(2) of the 
     Internal Revenue Code of 1986.
       (7) Oilheat.--The term ``oilheat'' means--
       (A) No. 1 distillate; and
       (B) No. 2 dyed distillate;

     that is used as a fuel for nonindustrial commercial or 
     residential space or hot water heating.
       (8) Oilheat industry.--
       (A) In general.--The term ``oilheat industry'' means--
       (i) persons in the production, transportation, or sale of 
     oilheat; and
       (ii) persons engaged in the manufacture or distribution of 
     oilheat utilization equipment.
       (B) Exclusion.--The term ``oilheat industry'' does not 
     include ultimate consumers of oilheat.
       (9) Public member.--The term ``public member'' means a 
     member of the Alliance described in section 705(c)(1)(F).
       (10) Qualified industry organization.--The term ``qualified 
     industry organization'' means the National Association for 
     Oilheat Research and Education or a successor organization.
       (11) Qualified state association.--The term ``qualified 
     State association'' means the industry trade association or 
     other organization that the qualified industry organization 
     or the Alliance determines best represents retail marketers 
     in a State.
       (12) Retail marketer.--The term ``retail marketer'' means a 
     person engaged primarily in the sale of oilheat to ultimate 
     consumers.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy.
       (14) Wholesale distributor.--The term ``wholesale 
     distributor'' means a person that--
       (A)(i) produces No. 1 distillate or No. 2 dyed distillate;
       (ii) imports No. 1 distillate or No. 2 dyed distillate; or
       (iii) transports No. 1 distillate or No. 2 dyed distillate 
     across State boundaries or among local marketing areas; and
       (B) sells the distillate to another person that does not 
     produce, import, or transport No. 1 distillate or No. 2 dyed 
     distillate across State boundaries or among local marketing 
     areas.
       (15) State.--The term ``State'' means the several States, 
     except the State of Alaska.

     SEC. 704. REFERENDA.

       (a) Creation of Program.--
       (1) In general.--The oilheat industry, through the 
     qualified industry organization, may conduct, at its own 
     expense, a referendum among retail marketers and wholesale 
     distributors for the establishment of a national oilheat 
     research alliance.
       (2) Reimbursement of cost.--The Alliance, if established, 
     shall reimburse the qualified industry organization for the 
     cost of accounting and documentation for the referendum
       (3) Conduct.--A referendum under paragraph (1) shall be 
     conducted by an independent auditing firm.
       (4) Voting rights.--
       (A) Retail marketers.--Voting rights of retail marketers in 
     a referendum under paragraph (1) shall be based on the volume 
     of oilheat sold in a State by each retail marketer in the 
     calendar year previous to the year in which the referendum is 
     conducted or in another representative period.
       (B) Wholesale distributors.--Voting rights of wholesale 
     distributors in a referendum under paragraph (1) shall be 
     based on the volume of No. 1 distillate and No. 2 dyed 
     distillate sold in a State by each wholesale distributor in 
     the calendar year previous to the year in which the 
     referendum is conducted or in another representative period, 
     weighted by the ratio of the total volume of No. 1 distillate 
     and No. 2 dyed distillate sold for nonindustrial commercial 
     and residential space and hot water heating in the State to 
     the total volume of No. 1 distillate and No. 2 dyed 
     distillate sold in that State.
       (5) Establishment by approval of two-thirds.--
       (A) In general.--Subject to subparagraph (B), on approval 
     of persons representing two-thirds of the total volume of 
     oilheat voted in the retail marketer class and two-thirds of 
     the total weighted volume of No. 1 distillate and No. 2 
     dyed distillate voted in the wholesale distributor class, 
     the Alliance shall be established and shall be authorized 
     to levy assessments under section 107.
       (B) Requirement of majority of retail marketers.--Except as 
     provided in subsection (b), the oilheat industry in a State 
     shall not participate in the Alliance if less than 50 percent 
     of the retail marketer vote in the State approves 
     establishment of the Alliance.
       (6) Certification of volumes.--Each person voting in the 
     referendum shall certify to the independent auditing firm the 
     volume of oilheat, No. 1 distillate, or No. 2 dyed distillate 
     represented by the vote of the person.
       (7) Notification.--Not later than 90 days after the date of 
     enactment of this title, a qualified State association may 
     notify the qualified industry organization in writing that a 
     referendum under paragraph (1) will not be conducted in the 
     State.
       (b) Subsequent State Participation.--The oilheat industry 
     in a State that has not participated initially in the 
     Alliance may subsequently elect to participate by conducting 
     a referendum under subsection (a).
       (c) Termination or Suspension.--
       (1) In general.--On the initiative of the Alliance or on 
     petition to the Alliance by retail marketers and wholesale 
     distributors representing 25 percent of the volume of oilheat 
     or weighted No. 1 distillate and No. 2 dyed distillate in 
     each class, the Alliance shall, at its own expense, hold a 
     referendum, to be conducted by an independent auditing firm 
     selected by the Alliance, to determine whether the oilheat 
     industry favors termination or suspension of the Alliance.
       (2) Volume percentages required to terminate or suspend.--
     Termination or suspension shall not take effect unless 
     termination or suspension is approved by persons representing 
     more than one-half of the total volume of oilheat voted in 
     the retail marketer class or more than one-half of the total 
     volume of weighted No. 1 distillate and No. 2 dyed distillate 
     voted in the wholesale distributor class.
       (3) Termination by a state.--A state may elect to terminate 
     participation by notifying the Alliance that 50 percent of 
     the oilheat volume in the state has voted in a referendum to 
     withdraw.

[[Page S10814]]

       (d) Calculation of Oilheat Sales.--For the purposes of this 
     section and section 105, the volume of oilheat sold annually 
     in a State shall be determined on the basis of information 
     provided by the Energy Information Administration with 
     respect to a calendar year or other representative period.

     SEC. 705. MEMBERSHIP.

       (a) Selection.--
       (1) In general.--Except as provided in subsection 
     (c)(1)(C), the qualified industry organization shall select 
     members of the Alliance representing the oilheat industry in 
     a State from a list of nominees submitted by the qualified 
     State association in the State.
       (2) Vacancies.--A vacancy in the Alliance shall be filled 
     in the same manner as the original selection.
       (b) Representation.--In selecting members of the Alliance, 
     the qualified industry organization shall make best efforts 
     to select members that are representative of the oilheat 
     industry, including representation of--
       (1) interstate and intrastate operators among retail 
     marketers;
       (2) wholesale distributors on No. 1 distillate and No. 2 
     dyed distillate;
       (3) large and small companies among wholesale distributors 
     and retail marketers; and
       (4) diverse geographic regions of the country.
       (c) Number of Members.--
       (1) In general.--The membership of the Alliance shall be as 
     follows:
       (A) One member representing each State with oilheat sales 
     in excess of 32,000,000 gallons per year.
       (B) If fewer than 24 States are represented under 
     subparagraph (A), 1 member representing each of the States 
     with the highest volume of annual oilheat sales, as necessary 
     to cause the total number of States represented under 
     subparagraph (A) and this subparagraph to equal 24.
       (C) 5 representatives of retail marketers, 1 each to be 
     selected by the qualified State associations of the 5 States 
     with the highest volume of annual oilheat sales.
       (D) 5 additional representatives of retail marketers.
       (E) 21 representatives of wholesale distributors.
       (F) 6 public members, who shall be representatives of 
     significant users of oilheat, the oilheat research community, 
     State energy officials, or other groups knowledgeable about 
     oilheat.
       (2) Full-time owners or employees.--Other than the public 
     members, Alliance members shall be full-time owners or 
     employees of members of the oilheat industry, except that 
     members described in subparagraphs (C), (D), and (E) of 
     paragraph (1) may be employees of the qualified industry 
     organization or an industry trade association.
       (d) Compensation.--Alliance members shall receive no 
     compensation for their service, nor shall Alliance members be 
     reimbursed for expenses relating to their service, except 
     that public members, on request, may be reimbursed for 
     reasonable expenses directly related to participation in 
     meetings of the Alliance.
       (e) Terms.--
       (1) In general.--Subject to paragraph (4), a member of the 
     Alliance shall serve a term of 3 years, except that a member 
     filling an unexpired term may serve a total of 7 consecutive 
     years.
       (2) Term limit.--A member may serve not more than 2 full 
     consecutive terms.
       (3) Former members.--A former member of the Alliance may be 
     returned to the Alliance if the member has not been a member 
     for a period of 2 years.
       (4) Initial appointments.--Initial appointments to the 
     Alliance shall be for terms of 1, 2, and 3 years, as 
     determined by the qualified industry organization, staggered 
     to provide for the subsequent selection of one-third of the 
     members each year.

     SEC. 706. FUNCTIONS.

       (a) In General.--
       (1) Programs, projects; contracts and other agreements.--
     The Alliance--
       (A) shall develop programs and projects and enter into 
     contracts or other agreements with other persons and entities 
     for implementing this title, including programs--
       (i) to enhance consumer and employee safety and training;
       (ii) to provide for research, development, and 
     demonstration of clean and efficient oilheat utilization 
     equipment; and
       (iii) for consumer education; and
       (B) may provide for the payment of the costs of carrying 
     out subparagraph (A) with assessments collected under section 
     707.
       (2) Coordination.--The Alliance shall coordinate its 
     activities with industry trade associations and other persons 
     as appropriate to provide efficient delivery of services and 
     to avoid unnecessary duplication of activities.
       (3) Activities.--
       (A) Exclusions.--Activities under clause (i) or (ii) of 
     paragraph (1)(A) shall not include advertising, promotions, 
     or consumer surveys in support of advertising or promotions.
       (B) Research, development, and demonstration activities.--
       (i) In general.--Research, development, and demonstration 
     activities under paragraph (1)(A)(ii) shall include--
       (I) all activities incidental to research, development, and 
     demonstration of clean and efficient oilheat utilization 
     equipment; and
       (II) the obtaining of patents, including payments of 
     attorney's fees for making and perfecting a patent 
     application.
       (ii) Excluded activities.--Research, development, and 
     demonstration activities under paragraph (1)(A)(ii) shall not 
     include research, development, and demonstration of oilheat 
     utilization equipment with respect to which technically 
     feasible and commercially feasible operations have been 
     verified, except that funds may be provided for improvements 
     to existing equipment until the technical feasibility and 
     commercial feasibility of the operation of those improvements 
     have been verified.
       (b) Priorities.--In the development of programs and 
     projects, the Alliance shall give priority to issues relating 
     to--
       (1) research, development, and demonstration;
       (2) safety;
       (3) consumer education; and
       (4) training.
       (c) Administration.--
       (1) Officers; committees; bylaws.--The Alliance--
       (A) shall select from among its members a chairperson and 
     other officers as necessary;
       (B) may establish and authorize committees and 
     subcommittees of the Alliance to take specific actions that 
     the Alliance is authorized to take; and
       (C) shall adopt bylaws for the conduct of business and the 
     implementation of this title.
       (2) Solicitation of oilheat industry comment and 
     recommendations.--The Alliance shall establish procedures for 
     the solicitation of oilheat industry comment and 
     recommendations on any significant contracts and other 
     agreements, programs, and projects to be funded by the 
     Alliance.
       (3) Advisory committees.--The Alliance may establish 
     advisory committees consisting of persons other than Alliance 
     members.
       (4) Voting.--Each member of the Alliance shall have 1 vote 
     in matters before the Alliance.
       (d) Administrative Expenses.--
       (1) In general.--The administrative expenses of operating 
     the Alliance (not including costs incurred in the collection 
     of assessments under section 707) plus amounts paid under 
     paragraph (2) shall not exceed 7 percent of the amount of 
     assessments collected in any calendar year, except that 
     during the first year of operation of the Alliance such 
     expenses and amounts shall not exceed 10 percent of the 
     amount of assessments.
       (2) Reimbursement of the secretary.--
       (A) In general.--The Alliance shall annually reimburse the 
     Secretary for costs incurred by the Federal Government 
     relating to the Alliance.
       (B) Limitation.--Reimbursement under subparagraph (A) for 
     any calendar year shall not exceed the amount that the 
     Secretary determines is twice the average annual salary of 1 
     employee of the Department of Energy.
       (e) Budget.--
       (1) Publication of proposed budget.--Before August 1 of 
     each year, the Alliance shall publish for public review and 
     comment a proposed budget for the next calendar year, 
     including the probable costs of all programs, projects, and 
     contracts and other agreements.
       (2) Submission to the secretary and congress.--After review 
     and comment under paragraph (1), the Alliance shall submit 
     the proposed budget to the Secretary and Congress.
       (3) Recommendations by the secretary.--The Secretary may 
     recommend for inclusion in the budget programs and activities 
     that the Secretary considers appropriate.
       (4) Implementation.--The Alliance shall not implement a 
     proposed budget until the expiration of 60 days after 
     submitting the proposed budget to the Secretary.
       (f) Records; Audits.--
       (1) Records.--The Alliance shall--
       (A) keep records that clearly reflect all of the acts and 
     transactions of the Alliance; and
       (B) make the records available to the public.
       (2) Audits.--
       (A) In general.--The records of the Alliance (including fee 
     assessment reports and applications for refunds under section 
     707(b)(4)) shall be audited by a certified public accountant 
     at least once each year and at such other times as the 
     Alliance may designate.
       (B) Availability of audit reports.--Copies of each audit 
     report shall be provided to the Secretary, the members of the 
     Alliance, and the qualified industry organization, and, on 
     request, to other members of the oilheat industry.
       (C) Policies and procedures.--
       (i) In general.--The Alliance shall establish policies and 
     procedures for auditing compliance with this title.
       (ii) Conformity with gaap.--The policies and procedures 
     established under clause (i) shall conform with generally 
     accepted accounting principles.
       (g) Public Access to Alliance Proceedings.--
       (1) Public notice.--The Alliance shall give at least 30 
     days' public notice of each meeting of the Alliance.
       (2) Meetings open to the public.--Each meeting of the 
     Alliance shall be open to the public.
       (3) Minutes.--The minutes of each meeting of the Alliance 
     shall be made available to and readily accessible by the 
     public.

[[Page S10815]]

       (h) Annual Report.--Each year the Alliance shall prepare 
     and make publicly available a report that--
       (1) includes a description of all programs, projects, and 
     contracts and other agreements undertaken by the Alliance 
     during the previous year and those planned for the current 
     year; and
       (2) details the allocation of Alliance resources for each 
     such program and project.

     SEC. 707. ASSESSMENTS.

       (a) Rate.--The assessment rate shall be equal to two-
     tenths-cent per gallon of No. 1 distillate and No. 2 dyed 
     distillate.
       (b) Collection Rules.--
       (1) Collection at point of sale.--The assessment shall be 
     collected at the point of sale of No. 1 distillate and No. 2 
     dyed distillate by a wholesale distributor to a person other 
     than a wholesale distributor, including a sale made pursuant 
     to an exchange.
       (2) Responsibility for payment.--A wholesale distributor--
       (A) shall be responsible for payment of an assessment to 
     the Alliance on a quarterly basis; and
       (B) shall provide to the Alliance certification of the 
     volume of fuel sold.
       (3) No ownership interest.--A person that has no ownership 
     interest in No. 1 distillate or No. 2 dyed distillate shall 
     not be responsible for payment of an assessment under this 
     section.
       (4) Failure to receive payment.--
       (A) Refund.--A wholesale distributor that does not receive 
     payments from a purchaser for No. 1 distillate or No. 2 dyed 
     distillate within 1 year of the date of sale may apply for a 
     refund from the Alliance of the assessment paid.
       (B) Amount.--The amount of a refund shall not exceed the 
     amount of the assessment levied on the No. 1 distillate or 
     No. 2 dyed distillate for which payment was not received.
       (5) Importation after point of sale.--The owner of No. 1 
     distillate or No. 2 dyed distillate imported after the point 
     of sale--
       (A) shall be responsible for payment of the assessment to 
     the Alliance at the point at which the product enters the 
     United States; and
       (B) shall provide to the Alliance certification of the 
     volume of fuel imported.
       (6) Late payment charge.--The Alliance may establish a late 
     payment charge and rate of interest to be imposed on any 
     person who fails to remit or pay to the Alliance any amount 
     due under this title.
       (7) Alternative collection rules.--The Alliance may 
     establish, or approve a request of the oilheat industry in a 
     State for, an alternative means of collecting the assessment 
     if another means is determined to be more efficient or more 
     effective.
       (c) Sale for Use Other Than as Oilheat.--No. 1 distillate 
     and No. 2 dyed distillate sold for uses other than as oilheat 
     are excluded from the assessment.
       (d) Investment of Funds.--Pending disbursement under a 
     program, project or contract or other agreement the Alliance 
     may invest funds collected through assessments, and any other 
     funds received by the Alliance, only--
       (1) in obligations of the United States or any agency of 
     the United States;
       (2) in general obligations of any State or any political 
     subdivision of a State;
       (3) in any interest-bearing account or certificate of 
     deposit of a bank that is a member of the Federal Reserve 
     System; or
       (4) in obligations fully guaranteed as to principal and 
     interest by the United States.
       (e) State, Local, and Regional programs.--
       (1) Coordination.--The Alliance shall establish a program 
     coordinating the operation of the Alliance with the operator 
     of any similar State, local, or regional program created 
     under State law (including a regulation), or similar entity.
       (2) Funds made available to qualified state associations.--
       (A) In general.--
       (i) Base amount.--The Alliance shall make available to the 
     qualified State association of each State an amount equal to 
     15 percent of the amount of assessments collected in the 
     State.
       (ii) Additional amount.--
       (I) In general.--A qualified state association may request 
     that the Alliance provide to the association any portion of 
     the remaining 85 percent of the amount of assessments 
     collected in the State.
       (II) Request requirements.--A request under this clause 
     shall--
       (aa) specify the amount of funds requested;
       (bb) describe in detail the specific uses for which the 
     requested funds are sought;
       (cc) include a commitment to comply with this title in 
     using the requested funds; and
       (dd) be made publicly available.
       (III) Direct benefit.--The Alliance shall not provide any 
     funds in response to a request under this clause unless the 
     Alliance determines that the funds will be used to directly 
     benefit the oilheat industry.
       (IV) Monitoring, terms, conditions, and reporting 
     requirements.--The Alliance shall--
       (aa) monitor the use of funds provided under this clause; 
     and
       (bb) impose whatever terms, conditions, and reporting 
     requirements that the Alliance considers necessary to ensure 
     compliance with this title.

     SEC. 708. MARKET SURVEY AND CONSUMER PROTECTION.

       (a) Price Analysis.--Beginning 2 years after establishment 
     of the Alliance and annually thereafter, the Secretary of 
     Commerce, using only data provided by the Energy Information 
     Administration and other public sources, shall prepare and 
     make available to the Congress, the Alliance, the Secretary 
     of Energy, and the public, an analysis of changes in the 
     price of oilheat relative to other energy sources. The 
     oilheat price analysis shall compare indexed changes in the 
     price of consumer grade oilheat of indexed changes in the 
     price of residential electricity, residential natural gas, 
     and propane on an annual national average basis. For purposes 
     of indexing changes in oilheat, residential electricity, 
     residential natural gas, and propane prices, the Secretary of 
     Commerce shall use a 5-year rolling average price beginning 
     with the year 4 years prior to the establishment of the 
     Alliance.
       (b) Authority To Restrict Activities.--If in any year the 
     5-year average price composite index of consumer grade 
     oilheat exceeds the 5-year rolling average price composite 
     index of residential electricity, residential natural gas, 
     and propane in an amount greater than 10.1 percent, the 
     activities of the Alliance shall be restricted to research 
     and development, training, and safety matters. The Alliance 
     shall inform the Secretary of Energy and the Congress of any 
     restriction of activities under this subsection. Upon 
     expiration of 180 days after the beginning of any such 
     restriction of activities, the Secretary of Commerce shall 
     again conduct the oilheat price analysis described in 
     subsection (a). Activities of the Alliance shall continue to 
     be restricted under this subsection until the price index 
     excess is 10.1 percent or less.

     SEC. 709. COMPLIANCE.

       (a) In General.--The Alliance may bring a civil action in 
     United States district court to compel payment of an 
     assessment under section 707.
       (b) Costs.--A successful action for compliance under this 
     section may also require payment by the defendant of the 
     costs incurred by the Alliance in bringing the action.

     SEC. 710. LOBBYING RESTRICTIONS.

       No funds derived from assessments under section 707 
     collected by the Alliance shall be used to influence 
     legislation or elections, except that the Alliance may use 
     such funds to formulate and submit to the Secretary 
     recommendations for amendments to this title or other laws 
     that would further the purposes of this title.

     SEC. 711. DISCLOSURE.

       Any consumer education activity undertaken with funds 
     provided by the Alliance shall include a statement that the 
     activities were supported, in whole or in part, by the 
     Alliance.

     SEC. 712. VIOLATIONS.

       (a) Prohibition.--It shall be unlawful for any person to 
     conduct a consumer education activity, undertaken with funds 
     derived from assessments collected by the Alliance under 
     section 707, that includes--
       (1) a reference to a private brand name;
       (2) a false or unwarranted claim on behalf of oilheat or 
     related products; or
       (3) a reference with respect to the attributes or use of 
     any competing product.
       (b) Complaints.--
       (1) In general.--A public utility that is aggrieved by a 
     violation described in subsection (a) may file a complaint 
     with the Alliance.
       (2) Transmittal to qualified state association.--A 
     complaint shall be transmitted concurrently to any qualified 
     State association undertaking the consumer education activity 
     with respect to which the complaint is made.
       (3) Cessation of activities.--On receipt of a complaint 
     under this subsection, the Alliance, and any qualified State 
     association undertaking the consumer education activity with 
     respect to which the complaint is made, shall cease that 
     consumer education activity until--
       (A) the complaint is withdrawn; or
       (B) a court determines that the conduct of the activity 
     complained of does not constitute a violation of subsection 
     (a).
       (c) Resolution by Parties.--
       (1) In general.--Not later than 10 days after a complaint 
     is filed and transmitted under subsection (b), the 
     complaining party, the Alliance, and any qualified State 
     association undertaking the consumer education activity with 
     respect to which the complaint is made shall meet to attempt 
     to resolve the complaint.
       (2) Withdrawal of complaint.--If the issues in dispute are 
     resolved in those discussions, the complaining party shall 
     withdraw its complaint.
       (d) Judicial Review.--
       (1) In general.--A public utility filing a complaint under 
     this section, the Alliance, a qualified State association 
     undertaking the consumer education activity with respect to 
     which a complaint with this section is made, or any person 
     aggrieved by a violation of subsection (a) may seek 
     appropriate relief in United States district court.
       (2) Relief.--A public utility filing a complaint under this 
     section shall be entitled to temporary and injunctive relief 
     enjoining the consumer education activity with respect to 
     which a complaint under this section is made until--
       (A) the complaint is withdrawn; or
       (B) the court has determined that the consumer education 
     activity complained of does not constitute a violation of 
     subsection (a).
       (a) Attorney's Fees.--
       (1) Meritorious case.--In a case in Federal court in which 
     the court grants a public utility injunctive relief under 
     subsection (d), the

[[Page S10816]]

     public utility shall be entitled to recover an attorney's fee 
     from the Alliance and any qualified State association 
     undertaking the consumer education activity with respect to 
     which a complaint under this section is made.
       (2) Nonmeritorious case.--In any case under subsection (d) 
     in which the court determines a complaint under subsection 
     (b) to be frivolous and without merit, the prevailing party 
     shall be entitled to recover an attorney's fee.
       (f) Savings Clause.--Nothing in this section shall limit 
     causes of action brought under any other law.

     SEC. 713. SUNSET.

       This title shall cease to be effective as of the date that 
     is 4 years after the date on which the Alliance is 
     established.
                                 ______
                                 

               SAN BERNARDINO NATIONAL FOREST LEGISLATION

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4328

  Mr. SESSIONS (for Mr. Murkowski) proposed an amendment to the bill 
(H.R. 3657) to provide for the conveyance of a small parcel of public 
domain land in the San Bernardino National Forest in the State of 
California, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. LAND CONVEYANCE AND SETTLEMENT, SAN BERNARDINO 
                   NATIONAL FOREST, CALIFORNIA.

       (a) Conveyance Required.--Subject to valid existing rights 
     and settlement of claims as provided in this section, the 
     Secretary of Agriculture shall convey to KATY 101.3 FM (in 
     this section referred to as ``KATY'' ) all right, title and 
     interest of the United States in and to a parcel of real 
     property consisting of approximately 1.06 acres within the 
     San Bernardino National Forest in Riverside County, 
     California, generally located in the north \1/2\ of section 
     23, township 5 south, range 2 east, San Bernardino meridian.
       (b) Legal Description.--The Secretary and KATY shall, by 
     mutual agreement, prepare the legal description of the parcel 
     of real property to be conveyed under subsection (a), which 
     is generally depicted as Exhibit A-2 in an appraisal report 
     of the subject parcel dated August 26, 1999, by Paul H. 
     Meiling.
       (c) Consideration.--Consideration for the conveyance under 
     subsection (a) shall be equal to the appraised fair market 
     value of the parcel of real property to be conveyed. Any 
     appraisal to determine the fair market value of the parcel 
     shall be prepared in conformity with the Uniform Appraisal 
     Standards for Federal Land Acquisition and approved by the 
     Secretary.
       (d) Settlement.--In addition to the consideration referred 
     to in subsection (c), upon the receipt of $16,600 paid by 
     KATY to the Secretary, the Secretary shall release KATY from 
     any and all claims of the United States arising from the 
     occupancy and use of the San Bernardino National Forest by 
     KATY for communication site purposes.
       (e) Access Requirements.--Notwithstanding section 1323(a) 
     of the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3210(a)) or any other law, the Secretary is not 
     required to provide access over National Forest System lands 
     to the parcel of real property to be conveyed under 
     subsection (a).
       (f) Administrative Costs.--Any costs associated with the 
     creation of a subdivided parcel, recordation of a survey, 
     zoning, and planning approval, and similar expenses with 
     respect to the conveyance under this section, shall be borne 
     by KATY.
       (g) Assumption of Liability.--By acceptance of the 
     conveyance of the parcel of real property referred to in 
     subsection (a), KATY, and its successors and assigns will 
     indemnify and hold harmless the United States for any and all 
     liability to General Telephone and Electronics Corporation 
     (also known as ``GTE'' ) KATY, and any third party that is 
     associated with the parcel, including liability for any 
     buildings or personal property on the parcel belonging to GTE 
     and any other third parties.
       (h) Treatment of Receipts.--All funds received pursuant to 
     this section shall be deposited in the fund established under 
     Public Law 90-171 (16 U.S.C. 484a; commonly known as the Sisk 
     Act), and the funds shall remain available to the Secretary, 
     until expended, for the acquisition of lands, waters, and 
     interests in land for the inclusion in the San Bernardino 
     National Forest.
       (i) Receipts Act Amendment.--The Act of June 15, 1938 
     (Chapter 438:52 Stat. 699), as amended by the Acts of May 26, 
     1944 (58 Stat. 227), is further amended--
       (1) by striking the comma after the words ``Secretary of 
     Agriculture'';
       (2) by striking the words ``with the approval of the 
     National Forest Reservation Commission established by section 
     4 of the Act of March 1, 1911 (16 U.S.C. 513),'';
       (3) by inserting the words ``, real property or interests 
     in lands,'' after the word ``lands'' the first time it is 
     used;
       (4) by striking ``San Bernardino and Cleveland'' and 
     inserting ``San Bernardino, Cleveland and Los Angeles'';
       (5) by striking ``county of Riverside'' each place it 
     appears and inserting ``counties of Riverside and San 
     Bernardino'';
       (6) by striking ``as to minimize soil erosion and flood 
     damage'' and inserting ``for National Forest System 
     purposes''; and
       (7) after the ``Provided further, That'', by striking the 
     remainder of the sentence to the end of the paragraph, and 
     inserting ``twelve and one-half percent of the monies 
     otherwise payable to the State of California for the benefit 
     of San Bernardino County under the aforementioned Act of 
     March 1, 1911 (16 U.S.C. 500) shall be available to be 
     appropriated for expenditure in furtherance of this Act.''.

     SEC. 2. SANTA ROSA AND SAN JACINTO MOUNTAINS NATIONAL 
                   MONUMENT CLARIFYING AMENDMENTS.

       The Santa Rosa and San Jacinto Mountains National Monument 
     Act of 2000 is amended as follows:
       (1) In the second sentence of section 2(d)(1), by striking 
     ``and the Committee on Agriculture, Nutrition, and 
     Forestry''.
       (2) In the second sentence of section 4(a)(3), by striking 
     ``Nothing in this section'' and inserting ``Nothing in this 
     Act''.
       (3) In section 4(c)(1) by striking ``any person, 
     including''.
       (4) In section 5, by adding at the end the following:
       ``(j) Wilderness Protection.--Nothing in this Act alters 
     the management of any areas designated as Wilderness which 
     are within the boundaries of the National Monument. All such 
     areas shall remain subject to the Wilderness Act (16 U.S.C. 
     1131 et seq.), the laws designating such areas as Wilderness, 
     and other applicable laws. If any part of this Act conflicts 
     with any provision of those laws with respect to the 
     management of the Wilderness areas, such provision shall 
     control.''.

     SEC. 3. TECHNICAL CORRECTION.

       The Santo Domingo Pueblo Claims Settlement Act of 2000 is 
     amended by adding at the end:

     ``SEC. 7. MISCELLANEOUS PROVISIONS.

       ``(a) Exchange of Certain Lands with New Mexico.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, the Secretary shall acquire by 
     exchange the State of New Mexico trust lands located in 
     township 16 north, range 4 east, section 2, and all interests 
     therein, including improvements, mineral rights and water 
     rights.
       ``(2) Use of other lands.--In acquiring lands by exchange 
     under paragraph (1), the Secretary may utilize unappropriated 
     public lands within the State of New Mexico.
       ``(3) Value of lands.--The lands exchanged under this 
     subsection shall be of approximately equal value, and the 
     Secretary may credit or debit the ledger account established 
     in the Memorandum of Understanding between the Bureau of Land 
     Management, the New Mexico State Land Office, and the New 
     Mexico Commissioner of Public Lands, in order to equalize the 
     values of the lands exchanged.
       ``(4) Conveyance.--
       ``(A) By secretary.--Upon the acquisition of lands under 
     paragraph (1), the Secretary shall convey all title and 
     interest to such lands to the Pueblo by sale, exchange or 
     otherwise, and the Pueblo shall have the exclusive right to 
     acquire such lands.
       ``(B) By pueblo.--Upon the acquisition of lands under 
     subparagraph (A), the Pueblo may convey such land to the 
     Secretary who shall accept and hold such lands in trust for 
     the benefit of the Pueblo.
     ``(b) Other Exchanges of Land.--
       ``(1) In general.--In order to further the purposes of this 
     Act--
       ``(A) the Pueblo may enter into agreements to exchange 
     restricted lands for lands described in paragraph (2); and
       ``(B) any land exchange agreements between the Pueblo and 
     any of the parties to the action referred to in paragraph (2) 
     that are executed not later than December 31, 2001, shall be 
     deemed to be approved.
       ``(2) Lands.--The land described in this paragraph is the 
     land, title to which was at issue in Pueblo of Santo Domingo 
     v. Rael (Civil No. 83-1888 (D.N.M.)).
       ``(3) Land to be held in trust.--Upon the acquisition of 
     lands under paragraph (1), the Pueblo may convey such land to 
     the Secretary who shall accept and hold such lands in trust 
     for the benefit of the Pueblo.
       ``(4) Rule of construction.--Nothing in this subsection 
     shall be construed to limit the provisions of section 5(a) 
     relating to the extinguishment of the land claims of the 
     Pueblo.
     ``(c) Approval of Certain Resolutions.--All agreements, 
     transactions, and conveyances authorized by Resolutions 97-
     010 and C22-99 as enacted by the Tribal Council of the Pueblo 
     de Cochiti, and Resolution S.D. 12-99-36 as enacted by the 
     Tribal Council of the Pueblo of Santo Domingo, pertaining to 
     boundary disputes between the Pueblo de Cochiti and the 
     Pueblo of Santo Domingo, are hereby approved, including the 
     Pueblo de Cochiti's agreement to relinquish its claim to the 
     southwest corner of its Spanish Land Grant, to the extent 
     that such land overlaps with the Santo Domingo Pueblo Grant, 
     and to disclaim any right to receive compensation from the 
     United States or any other party with respect to such 
     overlapping lands.''.

[[Page S10817]]

                                 ______
                                 

       NATIONAL FOREST EDUCATION AND COMMUNITY PURPOSE LANDS ACT

                                 ______
                                 

               MURKOWSKI (AND OTHERS) AMENDMENT NO. 4329

  Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman) 
proposed an amendment to the bill (H.R. 150) to authorize the Secretary 
of Agriculture to convey National Forest System lands for use for 
educational purposes, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

                     SECTION 1. TABLE OF CONTENTS.

Sec. 1. Table of Contents

  TITLE I--CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL 
                                PURPOSES

Sec. 101. Short Title
Sec. 102. Conveyance of National Forest System Lands for Educational 
              Purposes

             TITLE II--ALA KAHAKAI NATIONAL HISTORIC TRAIL

Sec. 201. Short Title
Sec. 202. Findings
Sec. 203. Authorization and Administration

           TITLE III--ADDITIONS TO NATIONAL PARK SYSTEM AREAS

Sec. 301. Addition to Sequoia National Park
Sec. 302. Boundary Adjustment to Include Cat Island

         TITLE IV--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE

Sec. 401. Short Title
Sec. 402. Definitions
Sec. 403. Land Exchange
Sec. 404. Boundary Adjustment and Maps

                       TITLE V--NEW AREA STUDIES

Sec. 501. Vicksburg Campaign Trail Study
Sec. 502. Miami Circle Special Resource Study
Sec. 503. Apostle Islands Wilderness Study
Sec. 504. Harriet Tubman Special Resource Study
Sec. 505. Chesapeake and Ohio Canal National Historical Park Commission
Sec. 506. Upper Housatonic Valley National Heritage Area Study
Sec. 507. Study of the Washington-Rochambeau Revolutionary Route

               TITLE VI--PEOPLING OF AMERICA THEME STUDY

Sec. 601. Short Title
Sec. 602. Findings and Purposes
Sec. 603. Definitions
Sec. 604. Theme Study
Sec. 605. Cooperative Agreements
Sec. 606. Authorization of Appropriations

     TITLE VII--BIG HORN WASHAKIE COUNTIES, WYOMING LAND CONVEYANCE

Sec. 701. Conveyance

                  TITLE VIII--COAL ACREAGE LIMITATIONS

Sec. 801. Short Title
Sec. 802. Findings
Sec. 803. Coal Mining on Federal Land

    TITLE IX--KENAI MOUNTAINS--TURNAGAIN ARM NATIONAL HERITAGE AREA

Sec. 901. Short Title
Sec. 902. Findings and Purposes
Sec. 903. Definitions
Sec. 904. Kenai Mountains--Turnagain Arm National Heritage Area
Sec. 905. Management Entity
Sec. 906. Authorities and Duties of Management Entity
Sec. 907. Duties of the Secretary
Sec. 908. Savings Provisions
Sec. 909. Prohibition on the Acquisition of Real Property
Sec. 910. Authorization of Appropriations.

  TITLE I--CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR EDUCATIONAL 
                                PURPOSES

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Education Land Grant 
     Act''.

     SEC. 102. CONVEYANCE OF NATIONAL FOREST SYSTEM LANDS FOR 
                   EDUCATIONAL PURPOSES.

       (a) Authority to convey.--Upon written application, the 
     Secretary of Agriculture may convey National Forest System 
     lands to a public school district for use for educational 
     purposes if the Secretary determines that--
       (1) the public school district seeking the conveyance will 
     use the conveyed land for a public or publicly funded 
     elementary or secondary school, to provide grounds or 
     facilities related to such a school, or for both purposes;
       (2) the conveyance will serve the public interest;
       (3) the land to be conveyed is not otherwise needed for the 
     purposes of the National Forest System;
       (4) the total acreage to be conveyed does not exceed the 
     amount reasonably necessary for the proposed use;
       (5) the land is to be used for an established or proposed 
     project that is described in detail in the application to the 
     Secretary, and the conveyance would serve public objectives 
     (either locally or at large) that outweigh the objectives and 
     values which would be served by maintaining such land in 
     Federal ownership;
       (6) the applicant is financially and otherwise capable of 
     implementing the proposed project;
       (7) the land to be conveyed has been identified for 
     disposal in an applicable land and resource management plan 
     under the Forest and Rangeland Renewable Resources Planning 
     Act of 1974 (16 U.S.C. 1600 et seq.); and
       (8) An opportunity for public participation in a disposal 
     under this section has been provided, including at least one 
     public hearing or meeting, to provide for public comments.
       (b) Acreage limitation.--A conveyance under this section 
     may not exceed 80 acres. However, this limitation shall not 
     be construed to preclude an entity from submitting a 
     subsequent application under this section for an additional 
     land conveyance if the entity can demonstrate to the 
     Secretary a need for additional land.
       (c) Costs and mineral rights.--(1) A conveyance under this 
     section shall be for a nominal cost. The conveyance may not 
     include the transfer of mineral or water rights.
       (2) If necessary, the exact acreage and legal description 
     of the real property conveyed under this Act shall be 
     determined by a survey satisfactory to the Secretary and the 
     applicant. The cost of the survey shall be borne by the 
     applicant.
       (d) Review of applications.--When the Secretary receives an 
     application under this section, the Secretary shall--
       (1) before the end of the 14-day period beginning on the 
     date of the receipt of the application, provide notice of 
     that receipt to the applicant; and
       (2) before the end of the 120-day period beginning on that 
     date--
       (A) make a final determination whether or not to convey 
     land pursuant to the application, and notify the applicant of 
     that determination; or
       (B) submit written notice to the applicant containing the 
     reasons why a final determination has not been made.
       (e) Reversionary interest.--If at any time after lands are 
     conveyed pursuant to this section, the entity to whom the 
     lands were conveyed attempts to transfer title to or control 
     over the lands to another or the lands are devoted to a use 
     other than the use for which the lands were conveyed, title 
     to the lands shall revert to the United States.

             TITLE II--ALA KAHAKAI NATIONAL HISTORIC TRAIL

     SECTION 201. SHORT TITLE.

       This title may be cited as the ``Ala Kahakai National 
     Historic Trail Act''.

     SEC. 202. FINDINGS.

       Congress finds that--
       (1) the Ala Kahakai (Trail by the Sea) is an important part 
     of the ancient trail known as the ``Ala Loa'' (the long 
     trail), which circumscribes the island of Hawaii;
       (2) the Ala Loa was the major land route connecting 600 or 
     more communities of the island kingdom of Hawaii from 1400 to 
     1700;
       (3) the trail is associated with many prehistoric and 
     historic housing areas of the island of Hawaii, nearly all 
     the royal centers, and most of the major temples of the 
     island;
       (4) the use of the Ala Loa is also associated with many 
     rulers of the kingdom of Hawaii, with battlefields and the 
     movement of armies during their reigns, and with annual 
     taxation;
       (5) the use of the trail played a significant part in 
     events that affected Hawaiian history and culture, 
     including--
       (A) Captain Cook's landing and subsequent death in 1779;
       (B) Kamehameha I's rise to power and consolidation of the 
     Hawaiian Islands under monarchical rule; and
       (C) the death of Kamehameha in 1819, followed by the 
     overthrow of the ancient religious system, the Kapu, and the 
     arrival of the first western missionaries in 1820; and
       (6) the trail--
       (A) was used throughout the 19th and 20th centuries and 
     continues in use today; and
       (B) contains a variety of significant cultural and natural 
     resources.

     SEC. 203. AUTHORIZATION AND ADMINISTRATION.

       Section 5(a) of the National Trails System Act (16 U.S.C. 
     1244(a)) is amended by adding at the end the following:
       ``(22) Ala kahakai national historic trail.--
       ``(A) In general.--The Ala Kahakai National Historic Trail 
     (the Trail by the Sea), a 175 mile long trail extending from 
     'Upolu Point on the north tip of Hawaii Island down the west 
     coast of the Island around Ka Lae to the east boundary of 
     Hawaii Volcanoes National Park at the ancient shoreline 
     temple known as `Waha'ula', as generally depicted on the map 
     entitled `Ala Kahakai Trail', contained in the report 
     prepared pursuant to subsection (b) entitled `Ala Kahakai 
     National Trail Study and Environmental Impact Statement', 
     dated January 1998.
       ``(B) Map.--A map generally depicting the trail shall be on 
     file and available for public inspection in the Office of the 
     National Park Service, Department of the Interior.
       ``(C) Administration.--The trail shall be administered by 
     the Secretary of the Interior.
       ``(D) Land acquisition.--No land or interest in land 
     outside the exterior boundaries of any federally administered 
     area may be acquired by the United States for the trail 
     except with the consent of the owner of the land or interest 
     in land.
       ``(E) Public participation; consultation.--The Secretary of 
     the Interior shall--
       ``(i) encourage communities and owners of land along the 
     trail, native Hawaiians, and

[[Page S10818]]

     volunteer trail groups to participate in the planning, 
     development, and maintenance of the trail; and
       ``(ii) consult with affected Federal, State, and local 
     agencies, native Hawaiian groups, and landowners in the 
     administration of the trail.''.

           TITLE III--ADDITIONS TO NATIONAL PARK SYSTEM AREAS

     SECTION 301. ADDITION TO SEQUOIA NATIONAL PARK.

       (a) In General.--As soon as practicable after the date of 
     enactment of this Act, the Secretary of the Interior shall 
     acquire by donation, purchase with donated or appropriated 
     funds, or exchange, all interest in and to the land described 
     in subsection (b) for addition to Sequoia National Park, 
     California.
       (b) Land Acquired.--The land referred to in subsection (a) 
     is the land depicted on the map entitled ``Dillonwood'', 
     numbered 102/80,044, and dated September 1999.
       (c) Addition to Park.--Upon acquisition of the land under 
     subsection (a)--
       (1) the Secretary of the Interior shall--
       (A) modify the boundaries of Sequoia National Park to 
     include the land within the park; and
       (B) administer the land as part of Sequoia National Park in 
     accordance with all applicable laws; and
       (2) The Secretary of Agriculture shall modify the 
     boundaries of the Sequoia National Forest to exclude the land 
     from the forest boundaries.

     SECTION 302. BOUNDARY ADJUSTMENT TO INCLUDE CAT ISLAND.

       (a) In General.--The first section of Public Law 91-660 (16 
     U.S.C. 459h) is amended--
       (1) in the first sentence, by striking ``That, in'' and 
     inserting the following:

     ``SECTION 1. GULF ISLANDS NATIONAL SEASHORE.

       ``(a) Establishment.--In''; and
       (2) in the second sentence--
       (A) by redesignating paragraphs (1) through (6) as 
     subparagraphs (A) through (F), respectively, and indenting 
     appropriately;
       (B) by striking ``The seashore shall comprise'' and 
     inserting the following:
       ``(b) Composition.--
       ``(1) In general.--The seashore shall comprise the areas 
     described in paragraphs (2) and (3).
       ``(2) Areas included in boundary plan numbered ns-gi-
     7100j.--The areas described in this paragraph are'': and
       (C) by adding at the end the following:
       ``(3) Cat island.--Upon its acquisition by the Secretary, 
     the area described in this paragraph is the parcel consisting 
     of approximately 2,000 acres of land on Cat Island, 
     Mississippi, as generally depicted on the map entitled 
     `Boundary Map, Gulf Islands National Seashore, Cat Island, 
     Mississippi', numbered 635/80085, and dated November 9, 1999 
     (referred to in this Act as the `Cat Island Map').
       ``(4) Availability of map.--The Cat Island Map shall be on 
     file and available for public inspection in the appropriate 
     offices of the National Park Service.''.
       (b) Acquisition Authority.--Section 2 of Public Law 91-660 
     (16 U.S.C. 459h-1) is amended--
       (1) in the first sentence of subsection (a), by striking 
     ``lands,'' and inserting ``submerged land, land,''; and
       (2) by adding at the end the following:
       ``(e) Acquisition Authority.--
       ``(1) In general.--The Secretary may acquire, from a 
     willing seller only--
       ``(A) all land comprising the parcel described in 
     subsection (b)(3) that is above the mean line of ordinary 
     high tide, lying and being situated in Harrison County, 
     Mississippi;
       ``(B) an easement over the approximately 150-acre parcel 
     depicted as the `Boddie Family Tract' on the Cat Island Map 
     for the purpose of implementing an agreement with the owners 
     of the parcel concerning the development and use of the 
     parcel; and
       ``(C)(i) land and interests in land on Cat Island outside 
     the 2,000-acre area depicted on the Cat Island Map; and
       ``(ii) submerged land that lies within 1 mile seaward of 
     Cat Island (referred to in this Act as the `buffer zone'), 
     except that submerged land owned by the State of Mississippi 
     (or a subdivision of the State) may be acquired only by 
     donation.
       ``(2) Administration.--
       ``(A) In general.--Land and interests in land acquired 
     under this subsection shall be administered by the Secretary, 
     acting through the Director of the National Park Service.
       ``(B) Buffer zone.--Nothing in this Act or any other 
     provision of law shall require the State of Mississippi to 
     convey to the Secretary any right, title, or interest in or 
     to the buffer zone as a condition for the establishment of 
     the buffer zone.
       ``(3) Modification of boundary.--The boundary of the 
     seashore shall be modified to reflect the acquisition of land 
     under this subsection only after completion of the 
     acquisition.''
       (c) Regulation of Fishing.--Section 3 of Public Law 91-660 
     (16 U.S.C. 459h-2) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary''; and
       (2) by adding at the end the following:
       ``(b) No Authority To Regulate Maritime Activities.--
     Nothing in this Act or any other provision of law shall 
     affect any right of the State of Mississippi, or give the 
     Secretary any authority, to regulate maritime activities, 
     including nonseashore fishing activities (including 
     shrimping), in any area that, on the date of enactment of 
     this subsection, is outside the designated boundary of the 
     seashore (including the buffer zone).''.
       (d) Authorization of Management Agreements.--Section 5 of 
     Public Law 91-660 (16 U.S.C. 459h-4) is amended--
       (1) by inserting ``(a) In General.--'' before ``Except''; 
     and
       (2) by adding at the end the following:
       ``(b) Agreements.--
       ``(1) In general.--The Secretary may enter into 
     agreements--
       ``(A) with the State of Mississippi for the purposes of 
     managing resources and providing law enforcement assistance, 
     subject to authorization by State law, and emergency services 
     on or within any land on Cat Island and any water and 
     submerged land within the buffer zone; and
       ``(B) with the owners of the approximately 150-acre parcel 
     depicted as the `Boddie Family Tract' on the Cat Island Map 
     concerning the development and use of the land.
       ``(2) No authority to enforce certain regulations.--Nothing 
     in this subsection authorizes the Secretary to enforce 
     Federal regulations outside the land area within the 
     designated boundary of the seashore.''.
       (e) Authorization of Appropriations.--Section 11 of Public 
     Law 91-660 (16 U.S.C. 459h-10) is amended--
       (1) by inserting ``(a) In General.--'' before ``There''; 
     and
       (2) by adding at the end the following:
       ``(b) Authorization for Acquisition of Land.--In addition 
     to the funds authorized by subsection (a), there are 
     authorized to be appropriated such sums as are necessary to 
     acquire land and submerged land on and adjacent to Cat 
     Island, Mississippi.''.

         TITLE IV--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE

     SECTION 401. SHORT TITLE.

       This title may be cited as the ``Pecos National Historical 
     Park Land Exchange Act of 2000''.

     SEC. 402. DEFINITIONS.

       As used in this title--
       (1) the term ``Secretaries'' means the Secretary of the 
     Interior and the Secretary of Agriculture;
       (2) the term ``landowner'' means Harold and Elisabeth 
     Zuschlag, owners of land within the Pecos National Historical 
     Park; and
       (3) the term ``map'' means a map entitled ``Proposed Land 
     Exchange for Pecos National Historical Park'', numbered 430/
     80,054, and dated November 19, 1999, revised September 18, 
     2000.

     SEC. 403. LAND EXCHANGE.

       (a) Upon the conveyance by the landowner to the Secretary 
     of the Interior of the lands identified in subsection (b), 
     the Secretary of Agriculture shall convey the following lands 
     and interests to the landowner, subject to the provisions of 
     this title:
       (1) Approximately 160 acres of Federal lands and interests 
     therein within the Santa Fe National Forest in the State of 
     New Mexico, as generally depicted on the map; and
       (2) The Secretary of the Interior shall convey an easement 
     for water pipelines to two existing well sites, located 
     within the Pecos National Historical Park, as provided in 
     this paragraph.
       (A) The Secretary of the Interior shall determine the 
     appropriate route of the easement through Pecos National 
     Historical Park and such route shall be a condition of the 
     easement. The Secretary of the Interior may add such 
     additional terms and conditions relating to the use of the 
     well and pipeline granted under this easement as he deems 
     appropriate.
       (B) The easement shall be established, operated, and 
     maintained in compliance with all Federal laws.
       (b) The lands to be conveyed by the landowner to the 
     Secretary of the Interior comprise approximately 154 acres 
     within the Pecos National Historical Park as generally 
     depicted on the map.
       (c) The Secretary of Agriculture shall convey the lands and 
     interests identified in subsection (a) only if the landowner 
     conveys a deed of title to the United States, that is 
     acceptable to and approved by the Secretary of the Interior.
       (d) Terms and Conditions.--
       (1) In general.--Except as otherwise provided in this Act, 
     the exchange of lands and interests pursuant to this Act 
     shall be in accordance with the provisions of section 206 of 
     the Federal Land Policy and Management Act (43 U.S.C. 1716) 
     and other applicable laws including the National 
     Environmental Policy Act (42 U.S.C. 4321 et seq.).
       (2) Valuation and appraisals.--The values of the lands and 
     interests to be exchanged pursuant to this Act shall be 
     equal, as determined by appraisals using nationally 
     recognized appraisal standards including the Uniform 
     Appraisal Standards for Federal Land Acquisition. The 
     Secretaries shall obtain the appraisals and insure they are 
     conducted in accordance with the Uniform Appraisal Standards 
     for Federal Land Acquisition. The appraisals shall be paid 
     for in accordance 0with the exchange agreement between the 
     Secretaries and the landowner.
       (3) Completion of the exchange.--The exchange of lands and 
     interests pursuant to this title shall be completed not later 
     than 180 days after National Environmental Policy Act 
     requirements have been met and after the Secretary of the 
     Interior approves the appraisals. The Secretaries shall 
     report

[[Page S10819]]

     to the Committee on Energy and Natural Resources of the 
     United States Senate and the Committee on Resources of the 
     United States House of Representatives upon the successful 
     completion of the exchange.
       (4) Additional terms and conditions.--The Secretaries may 
     require such additional terms and conditions in connection 
     with the exchange of lands and interests pursuant to this 
     title as the Secretaries consider appropriate to protect the 
     interests of the United States.
       (5) Equalization of values.--
       (A) The Secretary of Agriculture shall equalize the values 
     of Federal land conveyed under subsection (a) and the land 
     conveyed to the Federal Government under subsection (b)--
       (i) by the payment of cash to the Secretary of Agriculture 
     or the landowner, as appropriate, except that notwithstanding 
     section 206(b) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1716(b)), the Secretary of Agriculture may 
     accept a cash equalization payment in excess of 25 percent of 
     the value of the Federal land; or
       (ii) if the value of the Federal land is greater than the 
     land conveyed to the Federal government, by reducing the 
     acreage of the Federal land conveyed.
       (B) Disposition of funds.--Any funds received by the 
     Secretary of Agriculture as cash equalization payment from 
     the exchange under this section shall be deposited into the 
     fund established by Public Law 90-171 (commonly known as the 
     ``Sisk Act'') (16 U.S.C. 484a) and shall be available for 
     expenditure, without further appropriation, for the 
     acquisition of land and interests in the land in the State of 
     New Mexico.

     SEC. 404. BOUNDARY ADJUSTMENT AND MAPS.

       (a) Upon acceptance of title by the Secretary of the 
     Interior of the lands and interests conveyed to the United 
     States pursuant to section 403 of this title, the boundaries 
     of the Pecos National Historical Park shall be adjusted to 
     encompass such lands. The Secretary of the Interior shall 
     administer such lands in accordance with the provisions of 
     law generally applicable to units of the National Park 
     System, including the Act entitled ``An Act to establish a 
     National Park Service, and for other purposes'', approved 
     August 25, 1916 (16 U.S.C. 1, 2-4).
       (b) The map shall be on file and available for public 
     inspection in the appropriate offices of the Secretaries.
       (c) Not later than 180 days after completion of the 
     exchange described in section 3, the Secretaries shall 
     transmit the map accurately depicting the lands and interests 
     conveyed to the Committee on Energy and Natural Resources of 
     the Senate and the Committee on Resources of the House of 
     Representatives.

                       TITLE V--NEW AREA STUDIES

     SEC. 501. VICKSBURG CAMPAIGN TRAIL STUDY.

       (a) Short Title.--
       This section may be cited as the ``Vicksburg Campaign Trail 
     Battlefields Preservation Act of 2000''.
       (b) Findings and Purposes.--
       (1) Findings.--Congress finds that--
       (A) there are situated along the Vicksburg Campaign Trail 
     in the States of Mississippi, Louisiana, Arkansas, and 
     Tennessee the sites of several key Civil War battles;
       (B) the battlefields along the Vicksburg Campaign Trail are 
     collectively of national significance in the history of the 
     Civil War; and
       (C) the preservation of those battlefields would vitally 
     contribute to the understanding of the heritage of the United 
     States.
       (2) Purpose.--The purpose of this section is to authorize a 
     feasibility study to determine what measures should be taken 
     to preserve certain Civil War battlefields along the 
     Vicksburg Campaign Trail.
       (c) Definitions.--
       In this section:
       (1) Campaign trail state.--The term ``Campaign Trail 
     State'' means each of the States of Mississippi, Louisiana, 
     Arkansas, and Tennessee, including political subdivisions of 
     those States.
       (2) Civil war battlefield.--The term ``Civil War 
     battlefield'' includes the following sites (including related 
     structures adjacent to or thereon)--
       (A) the battlefields at Helena and Arkansas Post, Arkansas;
       (B) Goodrich's Landing near Transylvania, and sites in and 
     around Lake Providence, East Carroll Parish, Louisiana;
       (C) the battlefield at Milliken's Bend, Madison Parish, 
     Louisiana;
       (D) the route of Grant's march through Louisiana from 
     Milliken's Bend to Hard Times, Madison and Tensas Parishes, 
     Louisiana;
       (E) the Winter Quarters at Tensas Parish, Louisiana;
       (F) Grant's landing site at Bruinsburg, and the route of 
     Grant's march from Bruinsburg to Vicksburg, Claiborne, Hinds, 
     and Warren Counties, Mississippi;
       (G) the battlefield at Port Gibson (including Shaifer 
     House, Bethel Church, and the ruins of Windsor), Claiborne 
     County, Mississippi;
       (H) the battlefield at Grand Gulf, Claiborne County, 
     Mississippi;
       (I) the battlefield at Raymond (including Waverly, (the 
     Peyton House)), Hinds County, Mississippi;
       (J) the battlefield at Jackson, Hinds County, Mississippi;
       (K) the Union siege lines around Jackson, Hinds County, 
     Mississippi;
       (L) the battlefield at Champion Hill (including Coker 
     House), Hinds County, Mississippi;
       (M) the battlefield at Big Black River Bridge, Hinds and 
     Warren Counties, Mississippi;
       (N) the Union fortifications at Haynes Bluff, Confederate 
     fortifications at Snyder's Bluff, and remnants of Federal 
     exterior lines, Warren County, Mississippi;
       (O) the battlefield at Chickasaw Bayou, Warren County, 
     Mississippi;
       (P) Pemberton's Headquarters at Warren County, Mississippi;
       (Q) the site of actions taken in the Mississippi Delta and 
     Confederate fortifications near Grenada, Grenada County, 
     Mississippi;
       (R) the site of the start of Greirson's Raid and other 
     related sites, LaGrange, Tennessee; and
       (S) any other sites considered appropriate by the 
     Secretary.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (d) Feasibility Study.--
       (1) In general.--Not later than 3 years after the date 
     funds are made available for this section, the Secretary 
     shall complete a feasibility study to determine what measures 
     should be taken to preserve Civil War battlefields along the 
     Vicksburg Campaign Trail.
       (2) Components.--In completing the study, the Secretary 
     shall--
       (A) review current National Park Service programs, policies 
     and criteria to determine the most appropriate means of 
     ensuring the Civil War battlefields and associated natural, 
     cultural, and historical resources are preserved;
       (B) evaluate options for the establishment of a management 
     entity for the Civil War battlefields consisting of a unit of 
     government or a private nonprofit organization that--
       (i) administers and manages the Civil War battlefields; and
       (ii) possesses the legal authority to--
       (I) receive Federal funds and funds from other units of 
     government or other organizations for use in managing the 
     Civil War battlefields;
       (II) disburse Federal funds to other units of government or 
     other nonprofit organizations for use in managing the Civil 
     War battlefields;
       (III) enter into agreements with the Federal government, 
     State governments, or other units of government and nonprofit 
     organizations; and
       (IV) acquire land or interests in land by gift or devise, 
     by purchase from a willing seller using donated or 
     appropriated funds, or by donation;
       (C) make recommendations to the Campaign Trail States for 
     the management, preservation, and interpretation of the 
     natural, cultural, and historical resources of the Civil War 
     battlefields;
       (D) identify appropriate partnerships among Federal, State, 
     and local governments, regional entities, and the private 
     sector, including nonprofit organizations and the 
     organization known as ``Friends of the Vicksburg Campaign and 
     Historic Trail'', in furtherance of the purposes of this 
     section; and
       (E) recommend methods of ensuring continued local 
     involvement and participation in the management, protection, 
     and development of the Civil War battlefields.
       (e) Report.--Not later than 60 days after the date of 
     completion of the study under this section, the Secretary 
     shall submit a report describing the findings of the study 
     to--
       (1) the Committee on Energy and Natural Resources of the 
     Senate; and
       (2) the Committee on Resources of the House of 
     Representatives.
       (f) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $1,500,000.

     SEC. 502. MIAMI CIRCLE SPECIAL RESOURCE STUDY.

       (a) Findings and Purposes.
       (1) Findings.--Congress finds that--
       (A) the Tequesta Indians were one of the earliest groups to 
     establish permanent villages in southeast Florida;
       (B) the Tequestas had one of only two North American 
     civilizations that thrived and developed into a complex 
     social chiefdom without an agricultural base;
       (C) the Tequesta sites that remain preserved today are 
     rare;
       (D) the discovery of the Miami Circle, occupied by the 
     Tequesta approximately 2,000 years ago, presents a valuable 
     new opportunity to learn more about the Tequesta culture; and
       (E) Biscayne National Park also contains and protects 
     several prehistoric Tequesta sites.
       (2) Purpose.--The purpose of this section is to direct the 
     Secretary to conduct a special resource study to determine 
     the national significance of the Miami Circle site as well as 
     the suitability and feasibility of its inclusion in the 
     National Park System as part of Biscayne National Park.
       (b) Definitions.
       In this section:
       (1) Miami circle.--The term ``Miami Circle'' means the 
     property in Miami-Dade County of the State of Florida 
     consisting of the three parcels described in Exhibit A in the 
     appendix to the summons to show cause and notice of eminent 
     domain proceedings, filed February 18, 1999, in Miami-Dade 
     County v. Brickell Point, Ltd., in the circuit

[[Page S10820]]

     court of the 11th judicial circuit of Florida in and for 
     Miami-Dade County.
       (2) Park.--The term ``Park'' means Biscayne National Park 
     in the State of Florida.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (c) Special Resource Study.
       (1) In general.--Not later than one year after the date 
     funds are made available, the Secretary shall conduct a 
     special resource study as described in paragraph (2). In 
     conducting the study, the Secretary shall consult with the 
     appropriate American Indian tribes and other interested 
     groups and organizations.
       (2) Components.--In addition to a determination of national 
     significance, feasibility, and suitability, the special 
     resource study shall include the analysis and recommendations 
     of the Secretary with respect to--
       (A) which, if any, particular areas of or surrounding the 
     Miami Circle should be included in the Park;
       (B) whether any additional staff, facilities, or other 
     resources would be necessary to administer the Miami Circle 
     as a unit of the Park; and
       (C) any impact on the local area that would result from the 
     inclusion of Miami Circle in the Park.
       (c) Report.--Not later than 30 days after completion of the 
     study, the Secretary shall submit a report describing the 
     findings and recommendations of the study to the Committee on 
     Energy and Natural Resources of the Senate and the Committee 
     on Resources of the United States House of Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.

     SEC. 503. APOSTLE ISLANDS WILDERNESS STUDY.

       (a) Short Title.--This section may be cited as the 
     ``Gaylord Nelson Apostle Islands Stewardship Act of 2000''.
       (b) Declarations.--Congress declares that--
       (1) the Apostle Islands National Lakeshore is a national 
     and a Wisconsin treasure;
       (2) the State of Wisconsin is particularly indebted to 
     former Senator Gaylord Nelson for his leadership in the 
     creation of the Lakeshore;
       (3) after more than 28 years of enjoyment, some issues 
     critical to maintaining the overall ecological, recreational, 
     and cultural vision of the Lakeshore need additional 
     attention;
       (4) the general management planning process for the 
     Lakeshore has identified a need for a formal wilderness 
     study;
       (5) all land within the Lakeshore that might be suitable 
     for designation as wilderness are zoned and managed to 
     protect wilderness characteristics pending completion of such 
     a study;
       (6) several historic lighthouses within the Lakeshore are 
     in danger of structural damage due to severe erosion;
       (7) the Secretary of the Interior has been unable to take 
     full advantage of cooperative agreements with Federal, State, 
     local, and tribal governmental agencies, institutions of 
     higher education, and other nonprofit organizations that 
     could assist the National Park Service by contributing to the 
     management of the Lakeshore;
       (8) because of competing needs in other units of the 
     National Park System, the standard authorizing and budgetary 
     process has not resulted in updated legislative authority and 
     necessary funding for improvements to the Lakeshore; and
       (9) the need for improvements to the Lakeshore and 
     completion of a wilderness study should be accorded a high 
     priority among National Park Service activities.
       (c) Definitions.--In this section:
       (1) Lakeshore.--The term ``Lakeshore'' means the Apostle 
     Islands National Lakeshore.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.
       (d) Wilderness Study.--In fulfillment of the 
     responsibilities of the Secretary under the Wilderness Act 
     (16 U.S.C. 1131 et seq.) and of applicable agency policy, the 
     Secretary shall evaluate areas of land within the Lakeshore 
     for inclusion in the National Wilderness System.
       (e) Apostle Islands Lighthouses.--The Secretary shall 
     undertake appropriate action (including protection of the 
     bluff toe beneath the lighthouses, stabilization of the bank 
     face, and dewatering of the area immediately shoreward of the 
     bluffs) to protect the lighthouse structures at Raspberry 
     Lighthouse and Outer Island Lighthouse on the Lakeshore.
       (f) Cooperative Agreements.--Section 6 of Public Law 91-424 
     (16 U.S.C. 460w-5) is amended--
       (1) by striking ``Sec. 6. The lakeshore'' and inserting the 
     following:

     ``SEC. 6. MANAGEMENT.

       ``(a) In General.--The lakeshore''; and
       (2) by adding at the end the following:
       ``(b) Cooperative Agreements.--The Secretary may enter into 
     a cooperative agreement with a Federal, State, tribal, or 
     local government agency or a nonprofit private entity if the 
     Secretary determines that a cooperative agreement would be 
     beneficial in carrying out section 7.''.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated--
       (1) $200,000 to carry out subsection (d); and
       (2) $3,900,000 to carry out subsection (e).

     SEC. 504. HARRIET TUBMAN SPECIAL RESOURCE STUDY.

       (a) Short Title.--This section may be cited as the 
     ``Harriet Tubman Special Resource Study Act''.
       (b) Findings.--Congress finds that--
       (1) Harriet Tubman was born into slavery on a plantation in 
     Dorchester County, Maryland, in 1821;
       (2) in 1849, Harriet Tubman escaped the plantation on foot, 
     using the North Star for direction and following a route 
     through Maryland, Delaware, and Pennsylvania to Philadelphia, 
     where she gained her freedom;
       (3) Harriet Tubman is an important figure in the history of 
     the United States, and is most famous for her role as a 
     ``conductor'' on the Underground Railroad, in which, as a 
     fugitive slave, she helped hundreds of enslaved individuals 
     to escape to freedom before and during the Civil War;
       (4) during the Civil War, Harriet Tubman served the Union 
     Army as a guide, spy, and nurse;
       (5) after the Civil War, Harriet Tubman was an advocate for 
     the education of black children;
       (6) Harriet Tubman settled in Auburn, New York, in 1857, 
     and lived there until 1913;
       (7) while in Auburn, Harriet Tubman dedicated her life to 
     caring selflessly and tirelessly for people who could not 
     care for themselves, was an influential member of the 
     community and an active member of the Thompson Memorial 
     A.M.E. Zion Church, and established a home for the elderly;
       (8) Harriet Tubman was a friend of William Henry Seward, 
     who served as the Governor of and a Senator from the State of 
     New York and as Secretary of State under President Abraham 
     Lincoln;
       (9) 4 sites in Auburn that directly relate to Harriet 
     Tubman and are listed on the National Register of Historic 
     Places are--
       (A) Harriet Tubman's home;
       (B) the Harriet Tubman Home for the Aged;
       (C) the Thompson Memorial A.M.E. Zion Church; and
       (D) Harriet Tubman Home for the Aged and William Henry 
     Seward's home in Auburn are national historic landmarks.
       (c) Special Resources Study of Sites Associated With 
     Harriet Tubman.--
       (1) In general.--The Secretary of the Interior shall 
     conduct a special resource study of the national 
     significance, feasibility of long-term preservation, and 
     public use of the following sites associated with Harriet 
     Tubman:
       (A) Harriet Tubman's Birthplace, located on Greenbriar 
     Road, off of Route 50, in Dorchester County, Maryland.
       (B) Bazel Church, located 1 mile South of Greenbriar Road 
     in Cambridge, Maryland.
       (C) Harriet Tubman's home, located at 182 South Street, 
     Auburn, New York.
       (D) The Harriet Tubman Home for the Aged, located at 180 
     South Street, Auburn, New York.
       (E) The Thompson Memorial A.M.E. Zion Church, located at 33 
     Parker Street, Auburn, New York.
       (F) Harriet Tubman's grave at Fort Hill Cemetery, located 
     at 19 Fort Street, Auburn, New York.
       (G) William Henry Seward's home, located at 33 South 
     Street, Auburn, New York.
       (2) Inclusion of sites in the national park system.--The 
     study under subsection (a) shall include an analysis and any 
     recommendations of the Secretary concerning the suitability 
     and feasibility of--
       (A) designating one or more of the sites specified in 
     paragraph (1) as units of the National Park System; and
       (B) establishing a national heritage corridor that 
     incorporates the sites specified in paragraph (1) and any 
     other sites associated with Harriet Tubman.
       (d) Study Guidelines.--In conducting the study authorized 
     by this section, the Secretary shall use the criteria for the 
     study of areas for potential inclusion in the National Park 
     System contained in Section 8 of P.L. 91-383, as amended by 
     Section 303 of the National Park Omnibus Management Act 
     ((P.L. 105-391), 112 Stat. 3501).
       (e) Consultation.--In preparing and conducting the study 
     under subsection (c), the Secretary shall consult with--
       (1) the Governors of the States of Maryland and New York;
       (2) a member of the Board of County Commissioners of 
     Dorchester County, Maryland;
       (3) the Mayor of the city of Auburn, New York;
       (4) the owner of the sites specified in subsection (c); and
       (5) the appropriate representatives of--
       (A) the Thompson Memorial A.M.E. Zion Church;
       (B) the Bazel Church;
       (C) the Harriet Tubman Foundation; and
       (D) the Harriet Tubman Organization, Inc.
       (f) Report.--Not later than 2 years after the date on which 
     funds are made available for the study under subsection (c), 
     the Secretary shall submit to Congress a report describing 
     the results of the study.

     SECTION 505. CHESAPEAKE AND OHIO CANAL NATIONAL HISTORICAL 
                   PARK COMMISSION.

       Section 6(g) of the Chesapeake and Ohio Canal Development 
     Act (16 U.S.C. 410-4(g)) is amended by striking ``thirty'' 
     and inserting ``40''.

[[Page S10821]]

     SEC. 506. UPPER HOUSATIONIC VALLEY NATIONAL HERITAGE AREA 
                   STUDY.

       (a) Short Title.--This section may be cited as the ``Upper 
     Housatonic Valley National Heritage Area Study Act of 2000''.
       (b) Definitions.--
       In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Study area.--The term ``Study Area'' means the Upper 
     Housatonic Valley National Heritage Area, comprised of--
       (A) the part of the watershed of the Housatonic River, 
     extending 60 miles from Lanesboro, Massachusetts, to Kent, 
     Connecticut;
       (B) the towns of Canaan, Cornwall, Kent, Norfolk, North 
     Canaan, Salisbury, Sharon, and Warren, Connecticut; and
       (C) the towns of Alford, Dalton, Egremont, Great 
     Barrington, Hinsdale, Lanesboro, Lee, Lenox, Monterey, Mount 
     Washington, New Marlboro, Pittsfield, Richmond, Sheffield, 
     Stockbridge, Tyringham, Washington, and West Stockbridge, 
     Massachusetts.
       (c) Authorization of Study.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this section, the Secretary shall complete a 
     study of the Study Area.
       (2) Inclusions.--The study shall determine, through 
     appropriate analysis and documentation, whether the Study 
     Area--
       (A) includes an assemblage of natural, historical, and 
     cultural resources that represent distinctive aspects of the 
     heritage of the United States that--
       (i) are worthy of recognition, conservation, 
     interpretation, and continued use; and
       (ii) would best be managed--
       (I) through partnerships among public and private entities; 
     and
       (II) by combining diverse and, in some cases, noncontiguous 
     resources and active communities;
       (B) reflects traditions, customs, beliefs, and folklife 
     that are a valuable part of the story of the United States;
       (C) provides outstanding opportunities to conserve natural, 
     historical, cultural, or scenic features;
       (D) provides outstanding recreational and educational 
     opportunities;
       (E) contains resources important to any theme of the Study 
     Area that retains a degree of integrity capable of supporting 
     interpretation;
       (F) includes residents, business interests, nonprofit 
     organizations, and State and local governments that--
       (i) are involved in the planning of the Study Area;
       (ii) have developed a conceptual financial plan that 
     outlines the roles of all participants for development and 
     management of the Study Area, including the Federal 
     Government; and
       (iii) have demonstrated support for the concept of a 
     national heritage area;
       (G) has a potential management entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and State and local governments to develop a 
     national heritage area consistent with continued State and 
     local economic activity; and
       (H) is depicted on a conceptual boundary map that is 
     supported by the public.
       (3) Consultation.--In conducting the study, the Secretary 
     shall consult with--
       (A) State historic preservation officers;
       (B) State historical societies; and
       (C) other appropriate organizations.
       (4) Report.--Not later than 3 fiscal years after the date 
     on which funds are made available to carry out this section, 
     the Secretary shall submit to the Committee on Resources of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a report on the findings, 
     conclusions, and recommendations of the study.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated $300,000 to carry out this section.

     SEC. 507. STUDY OF THE WASHINGTON-ROCHAMBEAU REVOLUTIONARY 
                   ROUTE.

       (a) In General.--Not later than 2 years after the date on 
     which funds are made available to carry out this title, the 
     Secretary of the Interior (referred to in this title as the 
     ``Secretary'') shall submit to the Committee on Resources of 
     the House of Representatives and the Committee on Energy and 
     Natural Resources of the Senate a resource study of the 
     approximately 600-mile route through Connecticut, Delaware, 
     Maryland, Massachusetts, New Jersey, New York, Pennsylvania, 
     Rhode Island, and Virginia, used by George Washington and 
     General Jean Baptiste Donatien de Vimeur, comte de 
     Rochambeau, during the Revolutionary War.
       (b) Consultation.--In carrying out the study under 
     subsection (a), the Secretary shall consult with--
       (1) State and local historical associations and societies;
       (2) State historic preservation agencies; and
       (3) other appropriate organizations.
       (c) Contents.--The study under subsection (a) shall--
       (1) identify the full range of resources and historic 
     themes associated with the route referred to in subsection 
     (a), including the relationship of the route to the 
     Revolutionary War;
       (2) identify alternatives for involvement by the National 
     Park Service in the preservation and interpretation of the 
     route referred to in subsection (a); and
       (3) include cost estimates for any necessary acquisition, 
     development, interpretation, operation, and maintenance 
     associated with the alternatives identified under paragraph 
     (2).
       (d) Coordination With Other Congressionally Mandated 
     Activities.--
       (1) In general.--The study under subsection (a) shall be 
     carried out in coordination with--
       (A) the study authorized under section 603 of division I of 
     the Omnibus Parks and Public Lands Management Act of 1996 (16 
     U.S.C. 1a-5 note; Public Law 104-333); and
       (B) the Crossroads of the American Revolution special 
     resource study authorized by section 326(b)(3)(D) of H.R. 
     3423 of the 106th Congress, as enacted by section 1000(a)(3) 
     of Public Law 106-113 (113 Stat. 1535, 1501A-194).
       (2) Research.--Coordination under paragraph (1) shall--
       (A) extend to--
       (i) any research needed to complete the studies described 
     in subparagraphs (A) and (B) of paragraph (1); and
       (ii) any findings and implementation actions that result 
     from completion of those studies; and
       (B) use available resources to the maximum extent 
     practicable to avoid unnecessary duplication of effort.

               TITLE VI--PEOPLING OF AMERICA THEME STUDY

     SECTION 601. SHORT TITLE.

       This title may be cited as the ``Peopling of America Theme 
     Study Act''.

     SEC. 602. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) an important facet of the history of the United States 
     is the story of how the United States was populated;
       (2) the migration, immigration, and settlement of the 
     population of the United States--
       (A) is broadly termed the ``peopling of America''; and
       (B) is characterized by--
       (i) the movement of groups of people across external and 
     internal boundaries of the United States and territories of 
     the United States; and
       (ii) the interactions of those groups with each other and 
     with other populations;
       (3) each of those groups has made unique, important 
     contributions to American history, culture, art, and life;
       (4) the spiritual, intellectual, cultural, political, and 
     economic vitality of the United States is a result of the 
     pluralism and diversity of the American population;
       (5) the success of the United States in embracing and 
     accommodating diversity has strengthened the national fabric 
     and unified the United States in its values, institutions, 
     experiences, goals, and accomplishments;
       (6)(A) the National Park Service's official thematic 
     framework, revised in 1996, responds to the requirement of 
     section 1209 of the Civil War Sites Study Act of 1990 (16 
     U.S.C. 1a-5 note; Public Law 101-628), that ``the Secretary 
     shall ensure that the full diversity of American history and 
     prehistory are represented'' in the identification and 
     interpretation of historic properties by the National Park 
     Service; and
       (B) the thematic framework recognizes that ``people are the 
     primary agents of change'' and establishes the theme of human 
     population movement and change--or ``peopling places''--as a 
     primary thematic category for interpretation and 
     preservation; and
       (7) although there are approximately 70,000 listings on the 
     National Register of Historic Places, sites associated with 
     the exploration and settlement of the United States by a 
     broad range of cultures are not well represented.
       (b) Purposes.--The purposes of this Act are--
       (1) to foster a much-needed understanding of the diversity 
     and contribution of the breadth of groups who have peopled 
     the United States; and
       (2) to strengthen the ability of the National Park Service 
     to include groups and events otherwise not recognized in the 
     peopling of the United States.

     SEC. 603. DEFINITIONS.

       In this title:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Theme study.--The term ``theme study'' means the 
     national historic landmark theme study required under section 
     604.
       (3) Peopling of america.--The term ``peopling of America'' 
     means the migration to and within, and the settlement of, the 
     United States.

     SEC. 604. THEME STUDY.

       (a) In General.--The Secretary shall prepare and submit to 
     Congress a national historic landmark theme study on the 
     peopling of America.
       (b) Purpose.--The purpose of the theme study shall be to 
     identify regions, areas, trails, districts, communities, 
     sites, buildings, structures, objects, organizations, 
     societies, and cultures that--
       (1) best illustrate and commemorate key events or decisions 
     affecting the peopling of America; and
       (2) can provide a basis for the preservation and 
     interpretation of the peopling of America that has shaped the 
     culture and society of the United States.
       (c) Identification and Designation of Potential New 
     National Historic Landmarks.--
       (1) In general.--The theme study shall identify and 
     recommend for designation new national historic landmarks.

[[Page S10822]]

       (2) List of appropriate sites.--The theme study shall--
       (A) include a list in order of importance or merit of the 
     most appropriate sites for national historic landmark 
     designation; and
       (B) encourage the nomination of other properties to the 
     National Register of Historic Places.
       (3) Designation.--On the basis of the theme study, the 
     Secretary shall designate new national historic landmarks.
       (d) National Park System.--
       (1) Identification of sites within current units.--The 
     theme study shall identify appropriate sites within units of 
     the National Park System at which the peopling of America may 
     be interpreted.
       (2) Identification of new sites.--On the basis of the theme 
     study, the Secretary shall recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (e) Continuing Authority.--After the date of submission to 
     Congress of the theme study, the Secretary shall, on a 
     continuing basis, as appropriate to interpret the peopling of 
     America--
       (1) evaluate, identify, and designate new national historic 
     landmarks; and
       (2) evaluate, identify, and recommend to Congress sites for 
     which studies for potential inclusion in the National Park 
     System should be authorized.
       (f) Public Education and Research.--
       (1) Linkages.--
       (A) Establishment.--On the basis of the theme study, the 
     Secretary may identify appropriate means for establishing 
     linkages--
       (i) between--

       (I) regions, areas, trails, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsections (b) and (d); and
       (II) groups of people; and (ii) between--
       (I) regions, areas, districts, communities, sites, 
     buildings, structures, objects, organizations, societies, and 
     cultures identified under subsection (b); and
       (II) units of the National Park System identified under 
     subsection (d).

       (B) Purpose.--The purpose of the linkages shall be to 
     maximize opportunities for public education and scholarly 
     research on the peopling of America.
       (2) Cooperative arrangements.--On the basis of the theme 
     study, the Secretary shall, subject to the availability of 
     funds, enter into cooperative arrangements with State and 
     local governments, educational institutions, local historical 
     organizations, communities, and other appropriate entities to 
     preserve and interpret key sites in the peopling of America.
       (3) Educational initiatives.--
       (A) In general.--The documentation in the theme study shall 
     be used for broad educational initiatives such as--
       (i) popular publications;
       (ii) curriculum material such as the Teaching with Historic 
     Places program;
       (iii) heritage tourism products such as the National 
     Register of Historic Places Travel Itineraries program; and
       (iv) oral history and ethnographic programs.
       (B) Cooperative programs.--On the basis of the theme study, 
     the Secretary shall implement cooperative programs to 
     encourage the preservation and interpretation of the peopling 
     of America.

     SEC. 605. COOPERATIVE AGREEMENTS.

       The Secretary may enter into cooperative agreements with 
     educational institutions, professional associations, or other 
     entities knowledgeable about the peopling of America--
       (1) to prepare the theme study;
       (2) to ensure that the theme study is prepared in 
     accordance with generally accepted scholarly standards; and
       (3) to promote cooperative arrangements and programs 
     relating to the peopling of America.

     SEC. 606. AUTHORIZATION OF APPROPRIATIONS.

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

  TITLE VII--BIG HORN AND WASHAKIE COUNTIES, WYOMING LAND CONVEYANCE.

     SECTION 701. CONVEYANCE.

       (a) In General.--On completion of an environmental analysis 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), the Secretary of the Interior, acting 
     through the Director of the Bureau of Land Management 
     (referred to in this Act as the ``Secretary''), shall convey 
     to the Westside Irrigation District, Wyoming (referred to in 
     this Act as ``Westside''), all right, title, and interest 
     (excluding the mineral interest of the United States in and 
     to such portions of the Federal land in Big Horn County and 
     Washakie County, Wyoming, described in subsection (c), as the 
     district enters into an agreement with the Secretary to 
     purchase.
       (b) Price.--The price of the land conveyed under subsection 
     (a) shall be equal to the appraised value of the land, as 
     determined by the Secretary.
       (c) Land Description.--
       (1) In general.--The land referred to in subsection (a) is 
     the approximately 16,500 acres of land in Big Horn County and 
     Washakie County, Wyoming, as depicted on the map entitled 
     ``Westside Project'' and dated May 9, 2000.
       (2) Adjustment.--On agreement of the Secretary and 
     Westside, acreage may be added to or subtracted from the land 
     to be conveyed as necessary to satisfy any mitigation 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.).
       (d) use of Proceeds.--Proceeds of the sale of land under 
     subsection (a) shall be deposited in a special account in the 
     Treasury of the United States and shall be available to the 
     Secretary of the Interior, without further Act of 
     appropriation, for the acquisition of land and interests in 
     land in the Worland District of the Bureau of Land Management 
     in the State of Wyoming that will benefit public recreation, 
     public access, fish and wildlife habitat, * * *

                  TITLE VIII--COAL ACREAGE LIMITATIONS

     SECTION 801. SHORT TITLE.

       This title may be cited as the ``Coal Market Competition 
     Act of 2000''.

     SEC. 802. FINDINGS.

       Congress finds that--
       (1) Federal land contains commercial deposits of coal, the 
     Nation's largest deposits of coal being located on Federal 
     land in Utah, Colorado, Montana, and the Powder River Basin 
     of Wyoming;
       (2) coal is mined on Federal land through Federal coal 
     leases under the Act of February 25, 1920 (commonly known as 
     the ``Mineral Leasing Act'') (30 U.S.C. 181 et seq.);
       (3) the sub-bituminous coal from these mines is low in 
     sulfur, making it the cleanest burning coal for energy 
     production;
       (4) the Mineral Leasing Act sets for each leasable mineral 
     a limitation on the amount of acreage of Federal leases any 
     one producer may hold in any one State or nationally;
       (5)(A) the present acreage limitation for Federal coal 
     leases has been in place since 1976;
       (B) currently the coal lease acreage limit of 46,080 acres 
     per State is less than the per-State Federal lease acreage 
     limit for potash (96,000 acres) and oil and gas (246,080 
     acres);
       (6) coal producers in Wyoming and Utah are operating mines 
     on Federal leaseholds that contain total acreage close to the 
     coal lease acreage ceiling;
       (7) the same reasons that Congress cited in enacting 
     increases for State lease acreage caps applicable in the case 
     of other minerals--the advent of modern mine technology, 
     changes in industry economics, greater global competition, 
     and the need to conserve Federal resources--apply to coal;
       (8) existing coal mines require additional lease acreage to 
     avoid premature closure, but those mines cannot relinquish 
     mined-out areas to lease new acreage because those areas are 
     subject to 10-year reclamation plans, and the reclaimed 
     acreage is counted against the State and national acreage 
     limits;
       (9) to enable them to make long-term business decisions 
     affecting the type and amount of additional infrastructure 
     investments, coal producers need certainty that sufficient 
     acreage of leasable coal will be available for mining in the 
     future; and
       (10) to maintain the vitality of the domestic coal industry 
     and ensure the continued flow of valuable revenues to the 
     Federal and State governments and of energy to the American 
     public from coal production on Federal land, the Mineral 
     Leasing Act should be amended to increase the acreage 
     limitation for Federal coal leases.

     SEC. 803. COAL MINING ON FEDERAL LAND.

       Section 27(a) of the Act of February 25, 1920 (30 U.S.C. 
     184(a)), is amended--
       (1) by striking ``(a)'' and all that follows through ``No 
     person'' and inserting ``(a) Coal Leases.--No person'';
       (2) by striking ``forty-six thousand and eighty acres'' and 
     inserting ``75,000 acres''; and
       (3) by striking ``one hundred thousand acres'' each place 
     it appears and inserting ``150,000 acres''.

    TITLE IX--KENAI MOUNTAINS--TURNAGAIN ARM NATIONAL HERITAGE AREA.

     SECTION 901. SHORT TITLE.

       This title may be cited as the ``Kenai Mountains-Turnagain 
     Arm National Heritage Area Act of 2000''.

     SEC. 902. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) the Kenai Mountains-Turnagain Arm transportation 
     corridor is a major gateway to Alaska and includes a range of 
     transportation routes used first by indigenous people who 
     were followed by pioneers who settled the Nation's last 
     frontier;
       (2) the natural history and scenic splendor of the region 
     are equally outstanding; vistas of nature's power include 
     evidence of earthquake subsidence, recent avalanches, 
     retreating glaciers, and tidal action along Turnagain Arm, 
     which has the world's second greatest tidal range;
       (3) the cultural landscape formed by indigenous people and 
     then by settlement, transportation, and modern resource 
     development in this rugged and often treacherous natural 
     setting stands as powerful testimony to the human fortitude, 
     perseverance, and resourcefulness that is America's proudest 
     heritage from the people who settled the frontier;
       (4) there is a national interest in recognizing, 
     preserving, promoting, and interpreting these resources;
       (5) the Kenai Mountains-Turnagain Arm region is 
     geographically and culturally cohesive because it is defined 
     by a corridor of historical routes--trail, water, railroad, 
     and roadways through a distinct landscape of mountains, 
     lakes, and fjords;

[[Page S10823]]

       (6) national significance of separate elements of the 
     region include, but are not limited to, the Iditarod National 
     Historic Trail, the Seward Highway National Scenic Byway, and 
     the Alaska Railroad National Scenic Railroad;
       (7) national heritage area designation provides for the 
     interpretation of these routes, as well as the national 
     historic districts and numerous historic routes in the region 
     as part of the whole picture of human history in the wider 
     transportation corridor including early Native trade routes, 
     connections by waterway, mining trail, and other routes;
       (8) national heritage area designation also provides 
     communities within the region with the motivation and means 
     for ``grassroots'' regional coordination and partnerships 
     with each other and with borough, State, and Federal 
     agencies; and
       (9) national heritage area designation is supported by the 
     Kenai Peninsula Historical Association, the Seward Historical 
     Commission, the Seward City Council, the Hope and Sunrise 
     Historical Society, the Hope Chamber of Commerce, the Alaska 
     Association for Historic Preservation, the Cooper Landing 
     Community Club, the Alaska Wilderness Recreation and Tourism 
     Association, Anchorage Historic Properties, the Anchorage 
     Convention and Visitors Bureau, the Cook Inlet Historical 
     Society, the Moose Pass Sportsman's Club, the Alaska 
     Historical Commission, the Gridwood Board of Supervisors, the 
     Kenai River Special Management Area Advisory Board, the Bird/
     Indian Community Council, the Kenai Peninsula Borough Trails 
     Commission, the Alaska Division of Parks and Recreation, the 
     Kenai Peninsula Borough, the Kenai Peninsula Tourism 
     Marketing Council, and the Anchorage Municipal Assembly.
       (b) Purposes.--The purposes of this title are--
       (1) to recognize, preserve, and interpret the historic and 
     modern resource development and cultural landscapes of the 
     Kenai Mountains-Turnagain Arm historic transportation 
     corridor, and to promote and facilitate the public enjoyment 
     of these resources; and
       (2) to foster, through financial and technical assistance, 
     the development of cooperative planning and partnerships 
     among the communities and borough, State, and Federal 
     Government entities.

     SEC. 903. DEFINITIONS.

       In this title:
       (1) Heritage area.--The term ``Heritage Area'' means the 
     Kenai Mountains-Turnagain Arm National Heritage Area 
     established by section 4(a) of this Act.
       (2) Management entity.--The term ``management entity'' 
     means the 11-member Board of Directors of the Kenai 
     Mountains-Turnagain Arm National Heritage Corridor 
     Communities Association.
       (3) Management plan.--The term ``management plan'' means 
     the management plan for the Heritage Area.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 904. KENAI MOUNTAINS-TURNAGAIN ARM NATIONAL HERITAGE 
                   AREA.

       (a) Establishment.--There is established the Kenai 
     Mountains-Turnagain Arm National Heritage Area.
       (b) Boundaries.--The Heritage Area shall comprise the lands 
     in the Kenai Mountains and upper Turnagain Arm region 
     generally depicted on the map entitled ``Kenai Peninsula/
     Turnagain Arm National Heritage Corridor'', numbered ``Map 
     #KMTA-1'', and dated ``August 1999''. The map shall be on 
     file and available for public inspection in the offices of 
     the Alaska Regional Office of the National Park Service and 
     in the offices of the Alaska State Heritage Preservation 
     Officer.

     SEC. 905. MANAGEMENT ENTITY.

       (a) The Secretary shall enter into a cooperative agreement 
     with the management entity to carry out the purposes of this 
     title. The cooperative agreement shall include information 
     relating to the objectives and management of the Heritage 
     Area, including the following:
       (1) A discussion of the goals and objectives of the 
     Heritage Area.
       (2) An explanation of the proposed approach to conservation 
     and interpretation of the Heritage Area.
       (3) A general outline of the protection measures, to which 
     the management entity commits.
       (b) Nothing in this title authorizes the management entity 
     to assume any management authorities or responsibilities on 
     Federal lands.
       (c) Representatives of other organizations shall be invited 
     and encouraged to participate with the management entity and 
     in the development and implementation of the management plan, 
     including but not limited to: The State Division of Parks and 
     Outdoor Recreation; the State Division of Mining, Land and 
     Water; the Forest Service; the State Historic Preservation 
     Office; the Kenai Peninsula Borough; the Municipality of 
     Anchorage; the Alaska Railroad; the Alaska Department of 
     Transportation; and the National Park Service.
       (d) Representation of ex officio members in the nonprofit 
     corporation shall be established under the bylaws of the 
     management entity.

     SEC. 906. AUTHORITIES AND DUTIES OF MANAGEMENT ENTITY.

       (a) Management Plan.--
       (1) In general.--Not later than 3 years after the Secretary 
     enters into a cooperative agreement with the management 
     entity, the management entity shall develop a management plan 
     for the Heritage Area, taking into consideration existing 
     Federal, State, borough, and local plans.
       (2) Contents.--The management plan shall include, but not 
     be limited to--
       (A) comprehensive recommendations for conservation, 
     funding, management, and development of the Heritage Area;
       (B) a description of agreements on actions to be carried 
     out by Government and private organizations to protect the 
     resources of the Heritage Area;
       (C) a list of specific and potential sources of funding to 
     protect, manage, and develop the Heritage Area;
       (D) an inventory of resources contained in the Heritage 
     Area; and
       (E) a description of the role and participation of other 
     Federal, State and local agencies that have jurisdiction on 
     lands within the Heritage Area.
       (b) Priorities.--The management entity shall give priority 
     to the implementation of actions, goals, and policies set 
     forth in the cooperative agreement with the Secretary and the 
     heritage plan, including assisting communities within the 
     region in--
       (1) carrying out programs which recognize important 
     resource values in the Heritage Area;
       (2) encouraging economic viability in the affected 
     communities;
       (3) establishing and maintaining interpretive exhibits in 
     the Heritage Area;
       (4) improving and interpreting heritage trails;
       (5) increasing public awareness and appreciation for the 
     natural, historical, and cultural resources and modern 
     resource development of the Heritage Area;
       (6) restoring historic buildings and structures that are 
     located within the boundaries of the Heritage Area; and
       (7) ensuring that clear, consistent, and appropriate signs 
     identifying public access points and sites of interest are 
     placed throughout the Heritage Area.
       (c) Public Meetings.--The management entity shall conduct 2 
     or more public meetings each year regarding the initiation 
     and implementation of the management plan for the Heritage 
     Area. The management entity shall place a notice of each such 
     meeting in a newspaper of general circulation in the Heritage 
     Area and shall make the minutes of the meeting available to 
     the public.

     SEC. 907. DUTIES OF THE SECRETARY.

       (a) The Secretary, in consultation with the Governor of 
     Alaska, or his designee, is authorized to enter into a 
     cooperative agreement with the management entity. The 
     cooperative agreement shall be prepared with public 
     participation.
       (b) In accordance with the terms and conditions of the 
     cooperative agreement and upon the request of the management 
     entity, and subject to the availability of funds, the 
     Secretary may provide administrative, technical, financial, 
     design, development, and operations assistance to carry out 
     the purposes of this title.

     SEC. 908. SAVINGS PROVISIONS.

       (a) Regulatory Authority.--Nothing in this title shall be 
     construed to grant powers of zoning or management of land use 
     to the management entity of the Heritage Area.
       (b) Effect on Authority of Governments.--Nothing in this 
     title shall be construed to modify, enlarge, or diminish any 
     authority of the Federal, State, or local governments to 
     manage or regulate any use of land as provided for by law or 
     regulation.
       (c) Effect on Business.--Nothing in this title shall be 
     construed to obstruct or limit business activity on private 
     development or resource development activities.

     SEC. 909. PROHIBITION ON THE ACQUISITION OF REAL PROPERTY.

       The management entity may not use funds appropriated to 
     carry out the purposes of this Act to acquire real property 
     or interest in real property.

     SEC. 910. AUTHORIZATION OF APPROPRIATIONS.

       (a) First Year.--For the first year $350,000 is authorized 
     to be appropriated to carry out the purposes of this title, 
     and is made available upon the Secretary and the management 
     entity completing a cooperative agreement.
       (b) In General.--There is authorized to be appropriated not 
     more than $1,000,000 to carry out the purposes of this title 
     for any fiscal year after the first year. Not more than 
     $10,000,000, in the aggregate, may be appropriated for the 
     Heritage Area.
       (c) Matching Funds.--Federal funding provided under this 
     Act shall be matched at least 25 percent by other funds or 
     in-kind services.
       (d) Sunset Provision.--The Secretary may not make any grant 
     or provide any assistance under this title beyond 15 years 
     from the date that the Secretary and management entity 
     complete a cooperative agreement.
                                 ______
                                 

    GREATER YUMA PORT AUTHORITY OF YUMA COUNTY, ARIZONA LEGISLATION

                                 ______
                                 

               MURKOWSKI (AND OTHERS) AMENDMENT NO. 4330

  Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman)) 
proposed an amendment to the bill (H.R. 3032) to authorize the 
Secretary of the Interior, acting through the Bureau of Reclamation, to 
convey property to the Greater Yuma Port Authority of Yuma

[[Page S10824]]

County, Arizona, for use as an international port of entry; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

Sec. 1. Table of Contents

                       TITLE I--LAND CONVEYANCES

Sec. 101. Conveyance of Lands to the Greater Yuma Port Authority
Sec. 102. Conveyance of Land to Park County, Wyoming
Sec. 103. Conveyance to Landusky School District, Montana

 TITLE II--GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA 
                                 STUDY

Sec. 201. Authorization of Study
Sec. 202. Crossroads of the West Historic District

TITLE III--BLACK ROCK DESERT--HIGH ROCK CANYON EMIGRANT TRAILS NATIONAL 
                           CONSERVATION AREA

Sec. 301. Short Title
Sec. 302. Findings
Sec. 303. Definitions
Sec. 304. Establishment of Conservation Area
Sec. 305. Management
Sec. 306. Withdrawal
Sec. 307. No Buffer Zones
Sec. 308. Wilderness
Sec. 309. Authorization of Appropriations

           TITLE IV--SAINT HELENA ISLAND NATIONAL SCENIC AREA

Sec. 401. Short Title
Sec. 402. Establishment of Saint Helena Island National Scenic Area, 
              Michigan
Sec. 403. Boundaries
Sec. 404. Administration and Management
Sec. 405. Fish and Game
Sec. 406. Minerals
Sec. 407. Acquisition
Sec. 408. Authorization of Appropriations

           TITLE V--NATCHEZ TRACE PARKWAY BOUNDARY ADJUSTMENT

Sec. 501. Definitions
Sec. 502. Boundary Adjustment and Land Acquisition
Sec. 503. Authorization of Leasing
Sec. 504. Authorization of Appropriations

      TITLE VI--DIAMOND VALLEY LAKE INTERPRETIVE CENTER AND MUSEUM

Sec. 601. Interpretive Center and Museum, Diamond Valley Lake, Helmet, 
              California

 TITLE VII--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 701. Alaska Native Veterans
Sec. 702. Levies on Settlement Trust Interests

TITLE VIII--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN 
                   NATIVE, AND NATIVE HAWAIIAN YOUTH

Sec. 801. Administration of National Leadership Symposium for American 
              Indian, Alaskan Native, and Native Hawaiian Youth

                        TITLE I--LAND CONVEYANCE

     SEC. 101. CONVEYANCE OF LANDS TO THE GREATER YUMA PORT 
                   AUTHORITY.

       (a) Authority To Convey.--
       (1) In general.--The Secretary of the Interior, acting 
     through the Bureau of Reclamation, may, in the 5-year period 
     beginning on the date of the enactment of this section and in 
     accordance with the conditions specified in subsection (b) 
     convey to the Greater Yuma Port Authority the interests 
     described in paragraph (2).
       (2) Interests described.--The interests referred to in 
     paragraph (1) are the following:
       (A) All right, title, and interest of the United States in 
     and to the lands comprising Section 23, Township 11 South, 
     Range 24 West, G&SRBM, Lots 1-4, NE\1/4\, N\1/2\ NW\1/4\, 
     excluding lands located within the 60-foot border strip, in 
     Yuma County, Arizona.
       (B) All right, title, and interest of the United States in 
     and to the lands comprising Section 22, Township 11 South, 
     Range 24 West, G&SRBM, East 300 feet of Lot 1, excluding 
     lands located within the 60-foot border strip, in Yuma 
     County, Arizona.
       (C) All right, title, and interest of the United States in 
     and to the lands comprising Section 24, Township 11 South, 
     Range 24 West, G&SRBM, West 300 feet, excluding lands in the 
     60-foot border strip, in Yuma County, Arizona.
       (D) All right, title, and interest of the United States in 
     and to the lands comprising the East 300 feet of the 
     Southeast Quarter of Section 15, Township 11 South, Range 24 
     West, G&SRBM, in Yuma County, Arizona.
       (E) The right to use lands in the 60-foot border strip 
     excluded under subparagraphs (A), (B), and (C), for ingress 
     to and egress from the international boundary between the 
     United States and Mexico.
       (b) Deed Covenants and Conditions.--Any conveyance under 
     subsection (a) shall be subject to the following covenants 
     and conditions:
       (1) A reservation of rights-of-way for ditches and canals 
     constructed or to be constructed by the authority of the 
     United States, this reservation being of the same character 
     and scope as that created with respect to certain public 
     lands by the Act of August 30, 1890 (26 Stat. 391; 43 U.S.C. 
     945), as it has been, or may hereafter be amended.
       (2) A leasehold interest in Lot 1, and the west 100 feet of 
     Lot 2 in Section 23 for the operation of a Cattle Crossing 
     Facility, currently being operated by the Yuma-Sonora 
     Commercial Company, Incorporated. The lease as currently held 
     contains 24.68 acres, more or less. Any renewal or 
     termination of the lease shall be by the Greater Yuma Port 
     Authority.
       (3) Reservation by the United States of a 245-foot 
     perpetual easement for operation and maintenance of the 242 
     Lateral Canal and Well Field along the northern boundary of 
     the East 300 feet of Section 22, Section 23, and the West 300 
     feet of Section 24 as shown on Reclamation Drawing Nos. 1292-
     303-3624, 1292-303-3625, and 1292-303-3626.
       (4) A reservation by the United States of all rights to the 
     ground water in the East 300 feet of Section 15, the East 300 
     feet of Section 22, Section 23, and the West 300 feet of 
     Section 24, and the right to remove, sell, transfer, or 
     exchange the water to meet the obligations of the Treaty of 
     1944 with the Republic of Mexico, and Minute Order No. 242 
     for the delivery of salinity controlled water to Mexico.
       (5) A reservation of all rights-of-way and easements 
     existing or of record in favor of the public or third 
     parties.
       (6) A right-of-way reservation in favor of the United 
     States and its contractors, and the State of Arizona, and its 
     contractors, to utilize a 33-foot easement along all section 
     lines to freely give ingress to, passage over, and egress 
     from areas in the exercise of official duties of the United 
     States and the State of Arizona.
       (7) Reservation of a right-of-way to the United States for 
     a 100-foot by 100-foot parcel for each of the Reclamation 
     monitoring wells, together with unrestricted ingress and 
     egress to both sites. One monitoring well is located in Lot 1 
     of Section 23 just north of the Boundary Reserve and just 
     west of the Cattle Crossing Facility, and the other is 
     located in the southeast corner of Lot 3 just north of the 
     Boundary Reserve.
       (8) An easement comprising a 50-foot strip lying North of 
     the 60-foot International Boundary Reserve for drilling and 
     operation of, and access to, wells.
       (9) A reservation by the United States of \15/16\ of all 
     gas, oil, metals, and mineral rights.
       (10) A reservation of \1/16\ of all gas, oil, metals, and 
     mineral rights retained by the State of Arizona.
       (11) Such additional terms and conditions as the Secretary 
     considers appropriate to protect the interests of the United 
     States.
       (c) Consideration.--
       (1) In general.--As consideration for the conveyance under 
     subsection (a), the Greater Yuma Port Authority shall pay the 
     United States consideration equal to the fair market value on 
     the date of the enactment of this Act of the interest 
     conveyed.
       (2) Determination.--For purposes of paragraph (1), the fair 
     market value of any interest in land shall be determined 
     taking into account that the land is undeveloped, that 80 
     acres is intended to be dedicated to use by the United States 
     for Federal governmental purposes, and that an additional 
     substantial portion of the land is dedicated to public right-
     of-way, highway, and transportation purposes.
       (d) Use.--The Greater Yuma Port Authority and its 
     successors shall use the interests conveyed solely for the 
     purpose of the construction and operation of an international 
     port of entry and related activities.
       (e) Compliance With Laws.--Before the date of the 
     conveyance, actions required with respect to the conveyance 
     under the National Environmental Policy Act of 1969 (42 
     U.S.C. 4321 et seq.), the Endangered Species Act of 1973 (16 
     U.S.C. 1531 et seq.), the National Historic Preservation Act 
     (16 U.S.C. 470 et seq.), and other applicable Federal laws 
     must be completed at no cost to the United States.
       (f) Use of 60-Foot Border Strip.--Any use of the 60-foot 
     border strip shall be made in coordination with Federal 
     agencies having authority with respect to the 60-foot border 
     strip.
       (g) Description of Property.--The exact acreage and legal 
     description of property conveyed under this section, and of 
     any right-of-way that is subject to a right of use conveyed 
     pursuant to subsection (a)(2)(E), shall be determined by a 
     survey satisfactory to the Secretary. The cost of the survey 
     shall be borne by the Greater Yuma Port Authority.
       (h) Definitions.--As used in this section:
       (1) 60-foot border strip.--The term ``60-foot border 
     strip'' means lands in any of the Sections of land referred 
     to in this Act located within 60 feet of the international 
     boundary between the United States and Mexico.
       (2) Greater yuma port authority.--The term ``Greater Yuma 
     Port Authority'' means Trust No. 84-184, Yuma Title & Trust 
     Company, an Arizona Corporation, a trust for the benefit of 
     the Cocopah Tribe, a Sovereign Nation, the County of Yuma, 
     Arizona, the City of Somerton, and the City of San Luis, 
     Arizona, or such other successor joint powers agency or 
     public purpose entity as unanimously designated by those 
     governmental units.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Bureau of Reclamation.

     SEC. 102. CONVEYANCE OF LAND TO PARK COUNTY, WYOMING.

       (a) Findings.--Congress finds that--
       (1) over 82 percent of the land in Park County, Wyoming, is 
     owned by the Federal Government;
       (2) the parcel of land described in subsection (d) located 
     in Park County has been

[[Page S10825]]

     withdrawn from the public domain for reclamation purposes and 
     is managed by the Bureau of Reclamation;
       (3) the land has been subject to a withdrawal review, a 
     level I contaminant survey, and historical, cultural, and 
     archaeological resource surveys by the Bureau of Reclamation;
       (4) the Bureau of Land Management has conducted a cadastral 
     survey of the land and has determined that the land is no 
     longer suitable for return to the public domain;
       (5) the Bureau of Reclamation and the Bureau of Land 
     Management concur in the recommendation of disposal of the 
     land as described in the documents referred to in paragraphs 
     (3) and (4); and
       (6) the County has evinced an interest in using the land 
     for the purposes of local economic development.
       (b) Definitions.--In this section:
       (1) County.--The term ``County'' means Park County, 
     Wyoming.
       (2) Administrator.--The term ``Administrator'' means the 
     Administrator of the General Services Administration.
       (c) Conveyance.--In consideration of payment of $240,000 to 
     the Administrator by the County, the Administrator shall 
     convey to the County all right, title, and interest of the 
     United States in and to the parcel of land described in 
     subsection (d).
       (d) Description of Property.--The parcel of land described 
     in this subsection is the parcel located in the County 
     comprising 190.12 acres, the legal description of which is as 
     follows:

             Sixth Principal Meridian, Park County, Wyoming

T. 53 N., R. 101 W.                                             Acreage
  Section 20, S\1/2\SE\1/4\SW\1/4\SE\1/4\..........................5.00
  Section 29, Lot 7................................................9.91
           Lot 9..................................................38.24
           Lot 10.................................................31.29
           Lot 12..................................................5.78
           Lot 13..................................................8.64
           Lot 14..................................................0.04
           Lot 15..................................................9.73
           S\1/2\NE\1/4\NE\1/4\NW\1/4\.............................5.00
           SW\1/4\NE\1/4\NW\1/4\..................................10.00
           SE\1/4\NW\1/4\NW\1/4\..................................10.00
           NW\1/4\SW\1/4\NW\1/4\..................................10.00
           Tract 101..............................................13.24
  Section 30, Lot 31..............................................16.95
           Lot 32.................................................16.30

       (e) Reservation of Rights.--The instrument of conveyance 
     under subsection (c) shall reserve all rights to locatable, 
     salable, leaseable coal, oil or gas resources.
       (f) Leases, Easements, Rights-of-Way, and Other Rights.--
     The conveyance under subsection (c) shall be subject to any 
     land-use leases, easements, rights-of-way, or valid existing 
     rights in existence as of the date of the conveyance.
       (g) Environmental Liability.--As a condition of the 
     conveyance under subsection (c), the United States shall 
     comply with the provisions of section 9620(h) of title 42, 
     United States Code.
       (h) Additional Terms and Conditions.--The Administrator may 
     require such additional terms and conditions in connection 
     with the conveyance under subsection (c) as the Administrator 
     considers appropriate to protect the interests of the United 
     States.
       (i) Treatment of Amounts Received.--The net proceeds 
     received by the United States as payment under subsection (c) 
     shall be deposited into the fund established in section 
     490(f) of title 40 of the United States Code, and may be 
     expended by the Administrator for real property management 
     and related activities not otherwise provided for, without 
     further authorization.

     SEC. 103. CONVEYANCE TO LANDUSKY SCHOOL DISTRICT, MONTANA

       Subject to valid existing rights, the Secretary of the 
     Interior shall issue to the Landudky School District, without 
     consideration, a patent for the surface and mineral estates 
     of approximately 2.06 acres of land as follows: T.25 N, R.24 
     E, Montana Prime Meridian, section 27 block 2, school 
     reserve, and section 27, block 3, lot 13.

 TITLE II--GOLDEN SPIKE/CROSSROADS OF THE WEST NATIONAL HERITAGE AREA 
                                 STUDY

     SEC. 201. AUTHORIZATION OF STUDY.

       (a) Definitions.--For the purposes of this section:
       (1) Golden Spike Rail Study.--The term ``Golden Spike Rail 
     Study'' means the Golden Spike Rail Feasibility Study, 
     Reconnaissance Survey, Ogden, Utah to Golden Spike National 
     Historic Site'', National Park Service, 1993.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Study Area.--The term ``Study Area'' means the Golden 
     Spike/Crossroads of the West National Heritage Area Study 
     Area, the boundaries of which are described in subsection 
     (d).
       (b) In General.--The Secretary shall conduct a study of the 
     Study Area which includes analysis and documentation 
     necessary to determine whether the Study Area--
       (1) has an assemblage of natural, historic, and cultural 
     resources that together represent distinctive aspects of 
     American heritage worthy of recognition, conservation, 
     interpretation, and continuing use, and are best managed 
     through partnerships among public and private entities;
       (2) reflects traditions, customs, beliefs, and folk-life 
     that are a valuable part of the national story;
       (3) provides outstanding opportunities to conserve natural, 
     historic, cultural, or scenic features;
       (4) provides outstanding recreational and educational 
     opportunities;
       (5) contains resources important to the identified theme or 
     themes of the Study Area that retain a degree of integrity 
     capable of supporting interpretation;
       (6) includes residents, business interests, nonprofit 
     organizations, and local and State governments who have 
     demonstrated support for the concept of a National Heritage 
     Area; and
       (7) has a potential management entity to work in 
     partnership with residents, business interests, nonprofit 
     organizations, and local and State governments to develop a 
     National Heritage Area consistent with continued local and 
     State economic activity.
       (c) Consultation.--In conducting the study, the Secretary 
     shall--
       (1) consult with the State Historic Preservation Officer, 
     State Historical Society, and other appropriate 
     organizations; and
       (2) use previously completed materials, including the 
     Golden Spike Rail Study.
       (d) Boundaries of Study Area.--The Study Area shall be 
     comprised of sites relating to completion of the first 
     transcontinental railroad in the State of Utah, concentrating 
     on those areas identified on the map included in the Golden 
     Spike Rail Study.
       (e) Report.--Not later than 3 fiscal years after funds are 
     first made available to carry out this section, the Secretary 
     shall submit to the Committee on Resources of the House of 
     Representatives and the Committee on Energy and Natural 
     Resources of the Senate a report on the findings and 
     conclusions of the study and recommendations based upon those 
     findings and conclusions.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out the provisions of this section.

     SEC. 202. CROSSROADS OF THE WEST HISTORIC DISTRICT.

       (a) Purposes.--The purposes of this section are--
       (1) to preserve and interpret, for the educational and 
     inspirational benefit of the public, the contribution to our 
     national heritage of certain historic and cultural lands and 
     edifices of the Crossroads of the West Historic District; and
       (2) to enhance cultural and compatible economic 
     redevelopment within the District.
       (b) Definitions.--For the purposes of this section:
       (1) District.--The term ``District'' means the Crossroads 
     of the West Historic District established by subsection (c).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) Historic infrastructure.--The term ``historic 
     infrastructure'' means the District's historic buildings and 
     any other structure that the Secretary determines to be 
     eligible for listing on the National Register of Historic 
     Places.
       (c) Crossroads of the West Historic District.--
       (1) Establishment.--There is established the Crossroads of 
     the West Historic District in the city of Ogden, Utah.
       (2) Boundaries.--The boundaries of the District shall be 
     the boundaries depicted on the map entitled ``Crossroads of 
     the West Historic District'', numbered OGGO-20,000, and dated 
     March 22, 2000. The map shall be on file and available for 
     public inspection in the appropriate offices of the 
     Department of the Interior.
       (d) Development Plan.--The Secretary may make grants and 
     enter into cooperative agreements with the State of Utah, 
     local governments, and nonprofit entities under which the 
     Secretary agrees to pay not more than 50 percent of the costs 
     of--
       (1) preparation of a plan for the development of historic, 
     architectural, natural, cultural, and interpretive resources 
     within the District;
       (2) implementation of projects approved by the Secretary 
     under the development plan described in paragraph (1); and
       (3) an analysis assessing measures that could be taken to 
     encourage economic development and revitalization within the 
     District in a manner consistent with the District's historic 
     character.
       (e) Restoration, Preservation, and Interpretation of 
     Properties.--
       (1) Cooperative agreements.--The Secretary may enter into 
     cooperative agreements with the State of Utah, local 
     governments, and nonprofit entities owning property within 
     the District under which the Secretary may--
       (A) pay not more than 50 percent of the cost of restoring, 
     repairing, rehabilitating, and improving historic 
     infrastructure within the District;
       (B) provide technical assistance with respect to the 
     preservation and interpretation of properties within the 
     District; and
       (C) mark and provide interpretation of properties within 
     the District.
       (2) Non-federal contributions.--When determining the cost 
     of restoring, repairing, rehabilitating, and improving 
     historic infrastructure within the District for the purposes 
     of paragraph (1)(A), the Secretary may consider any donation 
     of property, services, or goods from a non-Federal source as 
     a contribution of funds from a non-Federal source.
       (3) Provisions.--A cooperative agreement under paragraph 
     (1) shall provide that--
       (A) the Secretary shall have the right of access at 
     reasonable times to public portions of the property for 
     interpretive and other purposes;
       (B) no change or alteration may be made in the property 
     except with the agreement of

[[Page S10826]]

     the property owner, the Secretary, and any Federal agency 
     that may have regulatory jurisdiction over the property; and
       (C) any construction grant made under this section shall be 
     subject to an agreement that provides--
       (I) that conversion, use, or disposal of the project so 
     assisted for purposes contrary to the purposes of this 
     section shall result in a right of the United States to 
     compensation from the beneficiary of the grant; and
       (II) for a schedule for such compensation based on the 
     level of Federal investment and the anticipated useful life 
     of the project.
       (4) Applications.--
       (A) In general.--A property owner that desires to enter 
     into a cooperative agreement under paragraph (1) shall submit 
     to the Secretary an application describing how the project 
     proposed to be funded will further the purposes of the 
     management plan developed for the District.
       (B) Consideration.--In making such funds available under 
     this subsection, the Secretary shall give consideration to 
     projects that provide a greater leverage of Federal funds.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     not more than $1,000,000 for any fiscal year and not more 
     than $5,000,000 total.

TITLE III--BLACK ROCK DESERT-HIGH ROCK CANYON EMIGRANT TRAILS NATIONAL 
                           CONSERVATION AREA

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Black Rock Desert-High 
     Rock Canyon Emigrant Trails National Conservation Area Act of 
     2000''.

     SEC. 302. FINDINGS.

       The Congress finds the following:
       (1) The areas of northwestern Nevada known as the Black 
     Rock Desert and High Rock Canyon contain and surround the 
     last nationally significant, untouched segments of the 
     historic California emigrant Trails, including wagon ruts, 
     historic inscriptions, and a wilderness landscape largely 
     unchanged since the days of the pioneers.
       (2) The relative absence of development in the Black Rock 
     Desert and high Rock Canyon areas from emigrant times to the 
     present day offers a unique opportunity to capture the 
     terrain, sights, and conditions of the overland trails as 
     they were experienced by the emigrants and to make available 
     to both present and future generations of Americans the 
     opportunity of experiencing emigrant conditions in an 
     unaltered setting.
       (3) The Black Rock Desert and High Rock Canyon areas are 
     unique segments of the Northern Great Basin and contain broad 
     representation of the Great Basin's land forms and plant and 
     animal species, including golden eagles and other birds of 
     prey, sage grouse, mule deer, pronghorn antelope, bighorn 
     sheep, free roaming horses and burros, threatened fish and 
     sensitive plants.
       (4) The Black Rock-High Rock region contains a number of 
     cultural and natural resources that have been declared 
     eligible for National Historic Landmark and Natural Landmark 
     status, including a portion of the 1843-44 John Charles 
     Fremont exploration route, the site of the death of Peter 
     Lassen, early military facilities, and examples of early 
     homesteading and mining.
       (5) The archeological, paleontological, and geographical 
     resources of the Black Rock-High Rock region include numerous 
     prehistoric and historic Native American sites, wooly mammoth 
     sites, some of the largest natural potholes of North America, 
     and a remnant dry Pleistocene lakebed (playa) where the 
     curvature of the Earth may be observed.
       (6) The two large wilderness mosaics that frame the 
     conservation area offer exceptional opportunities for 
     solitude and serve to protect the integrity of the viewshed 
     of the historic emigrant trails.
       (7) Public lands in the conservation area have been used 
     for domestic livestock grazing for over a century, with 
     resultant benefits to community stability and contributions 
     to the local and State economies. It has not been 
     demonstrated that continuation of this use would be 
     incompatible with appropriate protection and sound management 
     of the resource values of these lands; therefore, it is 
     expected that such grazing will continue in accordance with 
     the management plan for the conservation area and other 
     applicable laws and regulations.
       (8) The Black Rock Desert playa is a unique natural 
     resource that serves as the primary destination for the 
     majority of visitors to the conservation area, including 
     visitors associated with large-scale permitted events. It is 
     expected that such permitted events will continue to be 
     administered in accordance with the management plan for the 
     conservation area and other applicable laws and regulations.

     SEC. 303. DEFINITIONS.

       As used in this title:
       (1) The term ``Secretary'' means the Secretary of the 
     Interior.
       (2) The term ``public lands'' has the meaning stated in 
     section 103(e) of the Federal Land Policy and Management Act 
     of 1976 (43 U.S.C. 1702(e)).
       (3) The term ``conservation area'' means the Black Rock 
     Desert-High Rock Canyon Emigrant Trails National Conservation 
     Area established pursuant to section 304 of this title.

     SEC. 304. ESTABLISHMENT OF CONSERVATION AREA.

       (a) Establishment and Purposes.--In order to conserve, 
     protect, and enhance for the benefit and enjoyment of present 
     and future generations the unique and nationally important 
     historical, cultural, paleontological, scenic, scientific, 
     biological, educational, wildlife, riparian, wilderness, 
     endangered species, and recreational values and resources 
     associated with the Applegate-Lassen and Nobles Trails 
     corridors and surrounding areas, there is hereby established 
     the Black Rock Desert-High Rock Canyon Emigrant Trails 
     National Conservation Area in the State of Nevada.
       (b) Areas Included.--The conservation area shall consist of 
     approximately 797,100 acres of public lands as generally 
     depicted on the map entitled ``Black Rock Desert Emigrant 
     Trail National Conservation Area'' and dated July 19, 2000.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this title, the Secretary 
     shall submit to Congress a map and legal description of the 
     conservation area. The map and legal description shall have 
     the same force and effect as if included in this title, 
     except the Secretary may correct clerical and typographical 
     errors in such map and legal description. Copies of the map 
     and legal description shall be on file and available for 
     public inspection in the appropriate offices of the Bureau of 
     Land Management.

     SEC. 305. MANAGEMENT.

       (a) Management.--The Secretary, acting through the Bureau 
     of Land Management, shall manage the conservation area in a 
     manner that conserves, protects and enhances its resources 
     and values, including those resources and values specified in 
     section 304(a), in accordance with this title, the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1701 et 
     seq.), and other applicable provisions of law.
       (b) Access.--
       (1) In general.--The Secretary shall maintain adequate 
     access for the reasonable use and enjoyment of the 
     conservation area.
       (2) Private land.--The Secretary shall provide reasonable 
     access to privately owned land or interests in land within 
     the boundaries of the conservation area.
       (3) Existing public roads.--The Secretary is authorized to 
     maintain existing public access within the boundaries of the 
     conservation area in a manner consistent with the purposes 
     for which the conservation area was established.
       (c) Uses.--
       (1) In general.--The Secretary shall only allow such uses 
     of the conservation area as the Secretary finds will further 
     the purposes for which the conservation area is established.
       (2) Off-highway vehicle use.--Except where needed for 
     administrative purposes or to respond to an emergency, use of 
     motorized vehicles in the conservation area shall be 
     permitted only on roads and trails and in other areas 
     designated for use of motorized vehicles as part of the 
     management plan prepared pursuant to subsection (e).
       (3) Permitted events.--The Secretary may continue to permit 
     large-scale events in defined, low impact areas of the Black 
     Rock Desert playa in the conservation area in accordance with 
     the management plan prepared pursuant to subsection (e).
       (d) Hunting, Trapping, and Fishing.--Nothing in this title 
     shall be deemed to diminish the jurisdiction of the State of 
     Nevada with respect to fish and wildlife management, 
     including regulation of hunting and fishing, on public lands 
     within the conservation area.
       (e) Management Plan.--Within three years following the date 
     of enactment of this title, the Secretary shall develop a 
     comprehensive resource management plan for the long-term 
     protection and management of the conservation area. The plan 
     shall be developed with full public participation and shall 
     describe the appropriate uses and management of the 
     conservation area consistent with the provisions of this 
     title. The plan may incorporate appropriate decisions 
     contained in any current management or activity plan for the 
     area and may use information developed in previous studies of 
     the lands within or adjacent to the conservation area.
       (f) Grazing.--Where the Secretary of the Interior currently 
     permits livestock grazing in the conservation area, such 
     grazing shall be allowed to continue subject to all 
     applicable laws, regulations, and executive orders.
       (g) Visitor Service Facilities.--The Secretary is 
     authorized to establish, in cooperation with other public or 
     private entities as the Secretary may deem appropriate, 
     visitor service facilities for the purpose of providing 
     information about the historical, cultural, ecological, 
     recreational, and other resources of the conservation area.

     SEC. 306. WITHDRAWAL.

       (a) In General.--Subject to valid existing rights, all 
     Federal lands within the conservation area and all lands and 
     interests therein which are hereafter acquired by the United 
     States are hereby withdrawn from all forms of entry, 
     appropriation, or disposal under the public land laws, from 
     location, entry, and patent under the mining laws, from 
     operation of the mineral leasing and geothermal leasing laws 
     and from the minerals materials laws and all amendments 
     thereto.

     SEC. 307. NO BUFFER ZONES.

       The Congress does not intend for the establishment of the 
     conservation area to lead to the creation of protective 
     perimeters or buffer zones around the conservation area. The 
     fact that there may be activities or uses on lands outside 
     the conservation area that would not be permitted in the 
     conservation area shall not preclude such activities or

[[Page S10827]]

     uses on such lands up to the boundary of the conservation 
     area consistent with other applicable laws.

     SEC. 308. WILDERNESS.

       (a) Designation.--In furtherance of the purposes of the 
     Wilderness Act of 1964 (16 U.S.C. 1131 et seq.), the 
     following lands in the State of Nevada are designated as 
     wilderness, and, therefore, as components of the National 
     Wilderness Preservation System:
       (1) Certain lands in the Black Rock Desert Wilderness Study 
     Area comprised of approximately 315,700 acres, as generally 
     depicted on a map entitled ``Black Rock Desert Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Black Rock Desert Wilderness.
       (2) Certain lands in the Pahute Peak Wilderness Study Area 
     comprised of approximately 57,400 acres, as generally 
     depicted on a map entitled ``Pahute Peak Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Pahute Peak Wilderness.
       (3) Certain lands in the North Black Rock Range Wilderness 
     Study Area comprised of approximately 30,800 acres, as 
     generally depicted on a map entitled ``North Black Rock Range 
     Wilderness--Proposed'' and dated July 19, 2000, and which 
     shall be known as the North Black Rock Range Wilderness.
       (4) Certain lands in the East Fork High Rock Canyon 
     Wilderness Study Area comprised of approximately 52,800 
     acres, as generally depicted on a map entitled ``East Fork 
     High Rock Canyon Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the East Fork High Rock 
     Canyon Wilderness.
       (5) Certain lands in the High Rock Lake Wilderness Study 
     Area comprised of approximately 59,300 acres, as generally 
     depicted on a map entitled ``High Rock Lake Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the High Rock Lake Wilderness.
       (6) Certain lands in the Little High Rock Canyon Wilderness 
     Study Area comprised of approximately 48,700 acres, as 
     generally depicted on a map entitled ``Little High Rock 
     Canyon Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the Little High Rock Canyon 
     Wilderness.
       (7) Certain lands in the High Rock Canyon Wilderness Study 
     Area and Yellow Rock Canyon Wilderness Study Area comprised 
     of approximately 46,600 acres, as generally depicted on a map 
     entitled ``High Rock Canyon Wilderness--Proposed'' and dated 
     July 19, 2000, and which shall be known as the High Rock 
     Canyon Wilderness.
       (8) Certain lands in the Calico Mountains Wilderness Study 
     Area comprised of approximately 65,400 acres, as generally 
     depicted on a map entitled ``Calico Mountains Wilderness--
     Proposed'' and dated July 19, 2000, and which shall be known 
     as the Calico Mountains Wilderness.
       (9) Certain lands in the South Jackson Mountains Wilderness 
     Study Area comprised of approximately 56,800 acres, as 
     generally depicted on a map entitled ``South Jackson 
     Mountains Wilderness--Proposed'' and dated July 19, 2000, and 
     which shall be known as the South Jackson Mountains 
     Wilderness.
       (10) Certain lands in the North Jackson Mountains 
     Wilderness Study Area comprised of approximately 24,000 
     acres, as generally depicted on a map entitled ``North 
     Jackson Mountains Wilderness--Proposed'' and dated July 19, 
     2000, and which shall be known as the North Jackson Mountains 
     Wilderness.
       (b) Administration of Wilderness Areas.--Subject to valid 
     existing rights, each wilderness area designated by this 
     title shall be administered by the Secretary in accordance 
     with the provisions of the Wilderness title, except that any 
     reference in such provisions to the effective date of the 
     Wilderness title shall be deemed to be a reference to the 
     date of enactment of this title and any reference to the 
     Secretary of Agriculture shall be deemed to be a reference to 
     the Secretary of the Interior.
       (c) Maps and Legal Description.--As soon as practicable 
     after the date of the enactment of this title, the Secretary 
     shall submit to Congress a map and legal description of the 
     wilderness areas designated under this title. The map and 
     legal description shall have the same force and effect as if 
     included in this title, except the Secretary may correct 
     clerical and typographical errors in such map and legal 
     description. Copies of the map and legal description shall be 
     on file and available for public inspection in the 
     appropriate offices of the Bureau of Land Management.
       (d) Grazing.--Within the wilderness areas designated under 
     subsection (a), the grazing of livestock, where established 
     prior to the date of enactment of this title, shall be 
     permitted to continue subject to such reasonable regulations, 
     policies, and practices as the Secretary deems necessary, as 
     long as such regulations, policies, and practices fully 
     conform with and implement the intent of Congress regarding 
     grazing in such areas as such intent is expressed in the 
     Wilderness Act and section 101(f) of Public Law 101-628.

     SEC. 309. AUTHORIZATION OF APPROPRIATIONS.

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

           TITLE IV--SAINT HELENA ISLAND NATIONAL SCENIC AREA

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Saint Helena Island 
     National Scenic Area Act''.

     SEC. 402. ESTABLISHMENT OF SAINT HELENA ISLAND NATIONAL 
                   SCENIC AREA, MICHIGAN.

       (a) Purpose.--The purposes of this title are--
       (1) to preserve and protect for present and future 
     generations the outstanding resources and values of Saint 
     Helena Island in Lake Michigan, Michigan; and
       (2) to provide for the conservation, protection, and 
     enhancement of primitive recreation opportunities, fish and 
     wildlife habitat, vegetation, and historical and cultural 
     resources of the island.
       (b) Establishment.--For the purposes described in 
     subsection (a), there shall be established the Saint Helena 
     Island National Scenic Area (in this title referred to as the 
     ``scenic area'').
       (c) Effective Upon Conveyance.--Subsection (b) shall be 
     effective upon conveyance of satisfactory title to the United 
     States of the whole of Saint Helena Island, except that 
     portion conveyed to the Great Lakes Lighthouse Keepers 
     Association pursuant to section 1001 of the Coast Guard 
     Authorization Act of 1996 (Public Law 104-324; 110 Stat. 
     3948).

     SEC. 403. BOUNDARIES.

       (a) Saint Helena Island.--The scenic area shall comprise 
     all of Saint Helena Island, in Lake Michigan, Michigan, and 
     all associated rocks, pinnacles, islands, and islets within 
     one-eighth mile of the shore of Saint Helena Island.
       (b) Boundaries of Hiawatha National Forest Extended.--Upon 
     establishment of the scenic area, the boundaries of the 
     Hiawatha National Forest shall be extended to include all of 
     the lands within the scenic area. All such extended 
     boundaries shall be deemed boundaries in existence as of 
     January 1, 1965, for the purposes of section 8 of the Land 
     and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9).
       (c) Payments to Local Governments.--Solely for purposes of 
     payments to local governments pursuant to section 6902 of 
     title 31, United States Code, lands acquired by the United 
     States under this title shall be treated as entitlement 
     lands.

     SEC. 404. ADMINISTRATION AND MANAGEMENT.

       (a) Administration.--Subject to valid existing rights, the 
     Secretary of Agriculture (in this title referred to as the 
     ``Secretary'') shall administer the scenic area in accordance 
     with the laws, rules, and regulations applicable to the 
     National Forest System in furtherance of the purposes of this 
     title.
       (b) Special Management Requirements.--Within 3 years of the 
     acquisition of 50 percent of the land authorized for 
     acquisition under section 407, the Secretary shall develop an 
     amendment to the land and resources management plan for the 
     Hiawatha National Forest which will direct management of the 
     scenic area. Such an amendment shall conform to the 
     provisions of this title. Nothing in this title shall require 
     the Secretary to revise the land and resource management plan 
     for the Hiawatha National Forest pursuant to section 6 of the 
     Forest and Rangeland Renewable Resources Planning Act of 1974 
     (16 U.S.C. 1604). In developing a plan for management of the 
     scenic area, the Secretary shall address the following 
     special management considerations:
       (1) Public access.--Alternative means for providing public 
     access from the mainland to the scenic area shall be 
     considered, including any available existing services and 
     facilities, concessionaires, special use permits, or other 
     means of making public access available for the purposes of 
     this title.
       (2) Roads.--After the date of the enactment of this title, 
     no new permanent roads shall be constructed within the scenic 
     area.
       (3) Vegetation management.--No timber harvest shall be 
     allowed within the scenic area, except as may be necessary in 
     the control of fire, insects, and diseases, and to provide 
     for public safety and trail access. Notwithstanding the 
     foregoing, the Secretary may engage in vegetation 
     manipulation practices for maintenance of wildlife habitat 
     and visual quality. Trees cut for these purposes may be 
     utilized, salvaged, or removed from the scenic area as 
     authorized by the Secretary.
       (4) Motorized travel.--Motorized travel shall not be 
     permitted within the scenic area, except on the waters of 
     Lake Michigan, and as necessary for administrative use in 
     furtherance of the purposes of this title.
       (5) Fire.--Wildfires shall be suppressed in a manner 
     consistent with the purposes of this title, using such means 
     as the Secretary deems appropriate.
       (6) Insects and disease.--Insect and disease outbreaks may 
     be controlled in the scenic area to maintain scenic quality, 
     prevent tree mortality, or to reduce hazards to visitors.
       (7) Dockage.--The Secretary shall provide through 
     concession, permit, or other means docking facilities 
     consistent with the management plan developed pursuant to 
     this section.
       (8) Safety.--The Secretary shall take reasonable actions to 
     provide for public health and safety and for the protection 
     of the scenic area in the event of fire or infestation of 
     insects or disease.
       (c) Consultation.--In preparing the management plan, the 
     Secretary shall consult with appropriate State and local 
     government officials, provide for full public participation, 
     and consider the views of all interested parties, 
     organizations, and individuals.

     SEC. 405. FISH AND GAME.

       Nothing in this title shall be construed as affecting the 
     jurisdiction or responsibilities of the State of Michigan 
     with respect to fish and wildlife in the scenic area.

[[Page S10828]]

     SEC. 406. MINERALS.

       Subject to valid existing rights, the lands within the 
     scenic area are hereby withdrawn from disposition under all 
     laws pertaining to mineral leasing, including all laws 
     pertaining to geothermal leasing. Also subject to valid 
     existing rights, the Secretary shall not allow any mineral 
     development on federally owned land within the scenic area, 
     except that common varieties of mineral materials, such as 
     stone and gravel, may be utilized only as authorized by the 
     Secretary to the extent necessary for construction and 
     maintenance of roads and facilities within the scenic area.

     SEC. 407. ACQUISITION.

       (a) Acquisition of Lands Within the Scenic Area.--The 
     Secretary shall acquire, by purchase from willing sellers, 
     gift, or exchange, lands, waters, structures, or interests 
     therein, including scenic or other easements, within the 
     boundaries of the scenic area to further the purposes of this 
     title.
       (b) Acquisition of Other Lands.--The Secretary may acquire, 
     by purchase from willing sellers, gift, or exchange, not more 
     than 10 acres of land, including any improvements thereon, on 
     the mainland to provide access to and administrative 
     facilities for the scenic area.

     SEC. 408. AUTHORIZATION OF APPROPRIATIONS.

       (a) Acquisition of Lands.--There are hereby authorized to 
     be appropriated such sums as may be necessary for the 
     acquisition of land, interests in land, or structures within 
     the scenic area and on the mainland as provided in section 
     407.
       (b) Other Purposes.--In addition to the amounts authorized 
     to be appropriated under subsection (a), there are authorized 
     to be appropriated such sums as may be necessary for the 
     development and implementation of the management plan under 
     section 404(b).

           TITLE V--NATCHEZ TRACE PARKWAY BOUNDARY ADJUSTMENT

     SEC. 501. DEFINITIONS.

       In this title:
       (1) Parkway.--The term ``Parkway'' means the Natchez Trace 
     Parkway, Mississippi.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 502. BOUNDARY ADJUSTMENT AND LAND ACQUISITION.

       (a) In General.--The Secretary shall adjust the boundary of 
     the Parkway to include approximately--
       (1) 150 acres of land, as generally depicted on the map 
     entitled ``Alternative Alignments/Area'', numbered 604-20062A 
     and dated May 1998; and
       (2) 80 acres of land, as generally depicted on the map 
     entitled ``Emerald Mound Development Concept Plan'', numbered 
     604-20042E and dated August 1987.
       (b) Maps.--The maps referred to in subsection (a) shall be 
     on file and available for public inspection in the office of 
     the Director of the National Park Service.
       (c) Acquisition.--The Secretary may acquire the land 
     described in subsection (a) by donation, purchase with 
     donated or appropriated funds, or exchange (including 
     exchange with the State of Mississippi, local governments, 
     and private persons).
       (d) Administration.--Land acquired under this section shall 
     be administered by the Secretary as part of the Parkway.

     SEC. 503. AUTHORIZATION OF LEASING.

       The Secretary, acting through the Superintendent of the 
     Parkway, may lease land within the boundary of the Parkway to 
     the city of Natchez, Mississippi, for any purpose compatible 
     with the Parkway.

     SEC. 504. AUTHORIZATION OF APPROPRIATIONS.

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

      TITLE VI--DIAMOND VALLEY LAKE INTERPRETIVE CENTER AND MUSEUM

     SEC. 601. INTERPRETIVE CENTER AND MUSEUM, DIAMOND VALLEY 
                   LAKE, HEMET, CALIFORNIA.

       (a) Assistant for Establishment of Center and Museum.--The 
     Secretary of the Interior shall enter into an agreement with 
     an appropriate entity for the purchase of sharing costs 
     incurred to design, construct, furnish, and operate an 
     interpretive center and museum, to be located on lands under 
     the jurisdiction of the Metropolitan Water District of 
     Southern California, intended to preserve, display, and 
     interpret the paleontology discoveries made at and in the 
     vicinity of the Diamond Valley Lake, near Hemet, California, 
     and to promote other historical and cultural resources of the 
     area.
       (b) Assistance for Nonmotorized Trails.--The Secretary 
     shall enter into an agreement with the State of California, a 
     political subdivision of the State, or a combination of State 
     and local public agencies for the purpose of sharing costs 
     incurred to design, construct, and maintain a system of 
     trails around the perimeter of the Diamond Valley Lake for 
     use by pedestrians and non-motorized vehicles.
       (c) Matching Requirement.--The Secretary shall require the 
     other parties to an agreement under this section to secure an 
     amount of funds from non-Federal sources that is at least 
     equal to the amount provided by the Secretary.
       (d) Time for Agreement.--The Secretary shall enter into the 
     agreements required by this section not later than 180 days 
     after the date on which funds are first made available to 
     carry out this section.
       (e) Authorization of Appropriations.--There is authorized 
     to be appropriated not more than $14,000,000 to carry out 
     this section.

 TITLE VII--TECHNICAL AMENDMENTS TO ALASKA NATIVE CLAIMS SETTLEMENT ACT

     SEC. 701. ALASKA NATIVE VETERANS.

       Section 41 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1629g) is amended as follows:
       (1) Subsection (a)(3)(I)(4) is amended by striking ``and 
     Reindeer'' and inserting ``or''.
       (2) Subsection (a)(4)(B) is amended by striking ``; and'' 
     and inserting ``; or''.
       (3) Subsection (b)(1)(B)(i) is amended by striking ``June 
     2, 1971'' and inserting ``December 31, 1971''.
       (4) Subsection (b)(2) is amended by striking the matter 
     preceding subparagraph (A) and inserting the following:
       ``(2) The personal representative or special administrator, 
     appointed in an Alaska State court proceeding of the estate 
     of a decedent who was eligible under subsection (b)(1)(A) 
     may, for the benefit of the heirs, select an allotment if the 
     decedent was a veteran who served in South East Asia at any 
     time during the period beginning August 5, 1964, and ending 
     December 31, 1971, and during that period the decedent--''.

     SEC. 702. LEVIES ON SETTLEMENT TRUST INTERESTS.

       Section 39(c) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629e(c)) is amended by adding at the end the 
     following new paragraph:
       ``(8) A beneficiary's interest in a settlement trust and 
     the distributions thereon shall be subject to creditor action 
     (including without limitation, levy attachment, pledge, lien, 
     judgment execution, assignment, and the insolvency and 
     bankruptcy laws) only to the extent that Settlement Common 
     Stock and the distributions thereon are subject to such 
     creditor action under section 7(h) of this Act.''.

TITLE VIII--NATIONAL LEADERSHIP SYMPOSIUM FOR AMERICAN INDIAN, ALASKAN 
                   NATIVE, AND NATIVE HAWAIIAN YOUTH

     SEC. 801. ADMINISTRATION OF NATIONAL LEADERSHIP SYMPOSIUM FOR 
                   AMERICAN INDIAN, ALASKAN NATIVE, AND NATIVE 
                   HAWAIIAN YOUTH.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary of Education for the Washington Workshops 
     Foundation $2,200,000 for administration of a national 
     leadership symposium for American Indian, Alaskan Native, and 
     Native Hawaiian youth on the traditions and values of 
     American democracy.
       (b) Content of Symposium.--The symposium administered under 
     subsection (a) shall--
       (1) be comprised of youth seminar programs which study the 
     workings and practices of American national government in 
     Washington, DC, to be held in conjunction with the opening of 
     the Smithsonian National Museum of the American Indian; and
       (2) envision the participation and enhancement of American 
     Indian, Alaskan Native, and Native Hawaiian youth in the 
     American political process by interfacing in the first-hand 
     operations of the United States Government.
                                 ______
                                 

                  SPANISH PEAKS WILDERNESS ACT OF 2000

                                 ______
                                 

              MURKOWSKI (AND BINGAMAN) AMENDMENT NO. 4331

  Mr. SESSIONS (for Mr. Murkowski (for himself and Mr. Bingaman)) 
proposed an amendment to the bill (H.R. 898) designating certain land 
in the San Isabel National Forest in the State of Colorado as the 
``Spanish Peaks Wilderness''; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. TABLE OF CONTENTS.

Sec. 1. Table of Contents

              TITLE I--SPANISH PEAKS WILDERNESS, COLORADO

Sec. 101. Short Title
Sec. 102. Designation of Spanish Peaks Wilderness
Sec. 103. Force and Effect Clause
Sec. 104. Access
Sec. 105. Conforming Amendment

                     TITLE II--VIRGINIA WILDERNESS

Sec. 201. Short Title
Sec. 202. Designation of Wilderness Areas

                TITLE III--WASHOE TRIBE LAND CONVEYANCE

Sec. 301. Washoe Tribe Land Conveyance

         TITLE IV--SAINT CROIX ISLAND REGIONAL HERITAGE CENTER

Sec. 401. Short Title
Sec. 402. Findings and Purposes
Sec. 403. Definitions
Sec. 404. Saint Croix Island Regional Heritage Center
Sec. 405. Authorization of Appropriations

                TITLE V--PARK AREA BOUNDARY ADJUSTMENTS

Sec. 501. Hawaii Volcanoes National Park
Sec. 502. Corrections in Designations of Hawaii National Parks
Sec. 503. Hamilton Grange National Memorial
Sec. 504. Saint-Gaudens National Historic Site
Sec. 505. Fort Matanzas National Monument

              TITLE VI--ALASKA NATIONAL PARK UNIT REPORTS

Sec. 601. Mt. McKinley High Altitude Rescue Fee Study

[[Page S10829]]

Sec. 602. Alaska Native Hiring Report
Sec. 603. Pilot Program

        TITLE VII--GLACIER BAY NATIONAL PARK RESOURCE MANAGEMENT

Sec. 701. Short Title
Sec. 702. Definitions
Sec. 703. Commercial Fishing
Sec. 704. Sea Gull Egg Collection Study
Sec. 705. Authorization of Appropriations

              TITLE I--SPANISH PEAKS WILDERNESS, COLORADO

     SECTION 101. SHORT TITLE.

       This title may be cited as the ``Spanish Peaks Wilderness 
     Act of 2000''.

     SEC. 102. DESIGNATION OF SPANISH PEAKS WILDERNESS.

       Section 2(a) of the Colorado Wilderness Act of 1993 (Public 
     Law 103-77; 16 U.S.C. 1132 note) is amended by adding at the 
     end the following:
       ``(20) Spanish Peaks Wilderness.--Certain land in the San 
     Isabel National Forest that comprises approximately 18,000 
     acres, as generally depicted on a map entitled `Proposed 
     Spanish Peaks Wilderness', dated February 10, 1999, and which 
     shall be known as the Spanish Peaks Wilderness.''

     SEC. 103. FORCE AND EFFECT CLAUSE.

       The map and boundary description of the Spanish Peaks 
     Wilderness shall have the same force and effect as if 
     included in the Colorado Wilderness Act of 1993 (Public Law 
     103-77; 16 U.S.C. 1132 note), except that the Secretary of 
     Agriculture (hereinafter referred to as the ``Secretary'') 
     may correct clerical and typographical errors in the map and 
     boundary description.

     SEC. 104. ACCESS.

       (a) Bulls Eye Mine Road.--(1) With respect to the Bulls Eye 
     Mine Road, the Secretary shall allow the continuation of 
     those historic uses of the road which existed prior to the 
     date of enactment of this title subject to such terms and 
     conditions as the Secretary deems necessary.
       (2) Nothing in this section--
       (A) requires the Secretary to open the Bulls Eye Mine Road 
     or otherwise restricts or limits the Secretary's management 
     authority with respect to the road; or
       (B) requires the Secretary to improve or maintain the road.
       (3) The Secretary shall consult with local citizens and 
     other interested parties regarding the implementation of this 
     title with respect to the road.
       (b) Private Lands.--Access to any privately-owned land with 
     the Spanish Peaks Wilderness shall be provided in accordance 
     with section 5 of the Wilderness Act (16 U.S.C. 1134 et 
     seq.).

     SEC. 105. CONFORMING AMENDMENT.

       Section 10 of the Colorado Wilderness Act of 1993 (Public 
     Law 103-77; 16 U.S.C. 1132 note) is repealed.

                     TITLE II--VIRGINIA WILDERNESS

     SECTION 201. SHORT TITLE

       This title may be cited as the ``Virginia Wilderness Act of 
     2000''.

     SEC. 202 DESIGNATION OF WILDERNESS AREAS.

       Section 1 of the Act entitled ``An Act to designate certain 
     National Forest System lands in the States of Virginia and 
     West Virginia as wilderness areas'' (Public Law 100-326; 102 
     Stat. 584) is amended--
       (1) in paragraph (5), by striking ``and'' at the end;
       (2) in paragraph (6), by striking the period and inserting 
     a semicolon; and
       (3) by adding at the end the following:
       ``(7) certain land in the George Washington National 
     Forest, comprising approximately 5,963 acres, as generally 
     depicted on a map entitled `The Priest Wilderness Study 
     Area', dated June 6, 2000, to be known as the `Priest 
     Wilderness Area'; and
       ``(8) certain land in the George Washington National 
     Forest, comprising approximately 4,608 acres, as generally 
     depicted on a map entitled ``The Three Ridges Wilderness 
     Study Area', dated June 6, 2000, to be known as the `Three 
     Ridges Wilderness Area.''.

                TITLE III--WASHOE TRIBE LAND CONVEYANCE

     SEC. 301. WASHOE TRIBE LAND CONVEYANCE.

       (a) Findings.--Congress finds that--
       (1) the ancestral homeland of the Washoe Tribe of Nevada 
     and California (referred to in this section as the ``Tribe'') 
     included an area of approximately 5,000 square miles in and 
     around Lake Tahoe, California and Nevada, and Lake Tahoe was 
     the heart of the territory;
       (2) in 1997, Federal, State, and local governments, 
     together with many private landholders, recognized the Washoe 
     people as indigenous people of Lake Tahoe Basin through a 
     series of meetings convened by those governments at 2 
     locations in Lake Tahoe;
       (3) the meetings were held to address protection of the 
     extraordinary natural, recreational, and ecological resources 
     in the Lake Tahoe region;
       (4) the resulting multiagency agreement includes objectives 
     that support the traditional and customary uses of Forest 
     Service land by the Tribe; and
       (5) those objectives include the provision of access by 
     members of the Tribe to the shore of Lake Tahoe in order to 
     reestablish traditional and customary cultural practices.
       (b) Purposes.--The purposes of this section are--
       (1) to implement the joint local, State, tribal, and 
     Federal objective of returning the Tribe to Lake Tahoe; and
       (2) to ensure that members of the Tribe have the 
     opportunity to engage in traditional and customary cultural 
     practices on the shore of Lake Tahoe to meet the needs of 
     spiritual renewal, land stewardship, Washoe horticulture and 
     ethnobotony, subsistence gathering, traditional learning, and 
     reunification of tribal and family bonds.
       (c) Conveyance.--Subject to valid existing rights and 
     subject to the easement reserved under subsection (d), the 
     Secretary of Agriculture shall convey to the Secretary of the 
     Interior, in trust for the Tribe, for no consideration, all 
     right, title, and interest in the parcel of land comprising 
     approximately 24.3 acres, located within the Lake Tahoe Basin 
     Management Unit north of Skunk Harbor, Nevada, and more 
     particularly described as Mount Diablo Meridian, T15N, R18E, 
     section 27, lot 3.
       (d) Easement.--
       (1) In general.--The conveyance under subsection (c) shall 
     be made subject to reservation to the United States of a 
     nonexclusive easement for public and administrative access 
     over Forest Development Road #15N67 to National Forest System 
     land.
       (2) Access by individuals with disabilities.--The Secretary 
     shall provide a reciprocal easement to the Tribe permitting 
     vehicular access to the parcel over Forest Development Road 
     #15N67 to--
       (A) members of the Tribe for administrative and safety 
     purposes; and
       (B) members of the Tribe who, due to age, infirmity, or 
     disability, would have difficulty accessing the conveyed 
     parcel on foot.
       (e) Use of Land.--
       (1) In general.--In using the parcel conveyed under 
     subsection (c), the Tribe and members of the Tribe--
       (A) shall limit the use of the parcel to traditional and 
     customary uses and stewardship conservation for the benefit 
     of the Tribe;
       (B) shall not permit any permanent residential or 
     recreational development on, or commercial use of, the parcel 
     (including commercial development, tourist accommodations, 
     gaming, sale of timber, or mineral extraction); and
       (C) shall comply with environmental requirements that are 
     no less protective than environmental requirements that apply 
     under the Regional Plan of the Tahoe Regional Planning 
     Agency.
       (2) Reversion.--If the Secretary of the Interior, after 
     notice to the Tribe and an opportunity for a hearing, based 
     on monitoring of use of the parcel by the Tribe, makes a 
     finding that the Tribe has used or permitted the use of the 
     parcel in violation of paragraph (1) and the Tribe fails to 
     take corrective or remedial action directed by the Secretary 
     of the Interior, title to the parcel shall revert to the 
     Secretary of Agriculture.

          TITLE IV--SAINT CROIX ISLAND REGIONAL HERITAGE CENTR

     SECTION 401. SHORT TITLE.

       This title may be cited as the ``Saint Croix Island 
     Heritage Act''.

     SEC. 402. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) Saint Croix Island is located in the Saint Croix River, 
     a river that is the boundary between the State of Maine and 
     Canada;
       (2) the Island is the only international historic site in 
     the National Park System;
       (3) in 1604, French nobleman Pierre Dugua Sieur de Mons, 
     accompanied by a courageous group of adventurers that 
     included Samuel Champlain, landed on the Island and began the 
     construction of a settlement;
       (4) the French settlement on the Island in 1604 and 1605 
     was the initial site of the first permanent settlement in the 
     New World, predating the English settlement of 1607 at 
     Jamestown, Virginia;
       (5) many people view the expedition that settled on the 
     Island in 1604 as the beginning of the Acadian culture in 
     North America;
       (6) in October, 1998, the National Park Service completed a 
     general management plan to manage and interpret the Saint 
     Croix Island International Historic Site;
       (7) the plan addresses a variety of management 
     alternatives, and concludes that the best management strategy 
     entails developing an interpretive trail and ranger station 
     at Red Beach, Maine, and a regional heritage center in 
     downtown Calais, Maine, in cooperation with Federal, State, 
     and local agencies;
       (8) a 1982 memorandum of understanding, signed by the 
     Department of the Interior and the Canadian Department for 
     the Environment, outlines a cooperative program to 
     commemorate the international heritage of the Saint Croix 
     Island site and specifically to prepare for the 400th 
     anniversary of the settlement in 2004; and
       (9) only four years remain before the 400th anniversary of 
     the settlement at Saint Croix Island, an occasion that should 
     be appropriately commemorated.
       (b) Purpose.--The purpose of this title is to direct the 
     Secretary of the Interior to take all necessary and 
     appropriate steps to work with Federal, State, and local 
     agencies, historical societies, and nonprofit organizations 
     to facilitate the development of a regional heritage center 
     in downtown Calais, Maine before the 400th anniversary of the 
     settlement of Saint Croix Island.

     SEC. 403. DEFINITIONS.

       In this title:
       (1) Island.--The term ``Island'' means Saint Croix Island, 
     located in the Saint Croix River, between Canada and the 
     State of Maine.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Director of the National 
     Park Service.

[[Page S10830]]

     SEC. 404. SAINT CROIX ISLAND REGIONAL HERITAGE CENTER.

       (a) In General.--The Secretary shall provide assistance in 
     planning, constructing, and operating a regional heritage 
     center in downtown Calais, Maine, to facilitate the 
     management and interpretation of the Saint Croix Island 
     International Historic Site.
       (b) Cooperative Agreements.--To carry out subsection (a), 
     in administering the Saint Croix Island International 
     Historic Site, the Secretary may enter into cooperative 
     agreements under appropriate terms and conditions with other 
     Federal agencies, State and local agencies and nonprofit 
     organizations--
       (1) to provide exhibits, interpretive services (including 
     employing individuals to provide such services), and 
     technical assistance;
       (2) to conduct activities that facilitate the dissemination 
     of information relating to the Saint Croix Island 
     International Historic Site;
       (3) to provide financial assistance for the construction of 
     the regional heritage center in exchange for space in the 
     center that is sufficient to interpret the Saint Croix Island 
     International Historic Site; and
       (4) to assist with the operation and maintenance of the 
     regional heritage center.

     SEC. 405. AUTHORIZATION OF APPROPRIATIONS.

       (a) Design and Construction.--
       (1) In general.--There is authorized to be appropriated to 
     carry out this title (including the design and construction 
     of the regional heritage center) $2,000,000.
       (2) Expenditure.--Paragraph (1) authorizes funds to be 
     appropriated on the condition that any expenditure of those 
     funds shall be matched on a dollar-for-dollar basis by funds 
     from non-Federal sources.
       (b) Operation and Maintenance.--There are authorized to be 
     appropriated such sums as are necessary to maintain and 
     operate interpretive exhibits in the regional heritage 
     center.

                TITLE V--PARK AREA BOUNDARY ADJUSTMENTS

     SEC. 501. HAWAII VOLCANOES NATIONAL PARK.

       The first section of the Act entitled ``An Act to add 
     certain lands on the island of Hawaii to the Hawaii National 
     Park, and for other purposes'', approved June 20, 1938 (16 
     U.S.C. 391b), is amended by striking ``park: Provided,'' and 
     all that follows and inserting ``park. Land (including the 
     land depicted on the map entitled `NPS-PAC 1997HW') may be 
     acquired by the Secretary through donation, exchange, or 
     purchase with donated or appropriated funds.''.

     SEC. 502. CORRECTIONS IN DESIGNATIONS OF HAWAIIAN NATIONAL 
                   PARKS.

       (a) Hawai`i Volcanoes National Park.--
       (1) In general.--Public Law 87-278 (75 Stat. 577) is 
     amended by striking ``Hawaii Volcanoes National Park'' each 
     place it appears and inserting ``Hawai`i Volcanoes National 
     Park''.
       (2) References.--Any reference in any law (other than this 
     section), regulation, document, record, map, or other paper 
     of the United States to ``Hawaii Volcanoes National Park'' 
     shall be considered a reference to ``Hawai`i Volcanoes 
     National Park''.
       (b) Haleakala National Park.--
       (1) In general.--Public Law 86-744 (74 Stat. 881) is 
     amended by striking ``Haleakala National Park'' and inserting 
     ``Haleakala National Park''.
       (2) References.--Any reference in any law (other than this 
     section), regulation, document, record, map, or other paper 
     of the United States to ``Haleakala National Park'' shall be 
     considered a reference to ``Haleakala National Park''.
       (c) Kaloko-Honokohau.--
       (1) In general.--Section 505 of the National Parks and 
     Recreation Act of 1978 (16 U.S.C. 396d) is amended--
       (A) in the section heading, by striking ``Kaloko-
     Honokohau'' and inserting ``Kaloko-honokohau''; and
       (B) by striking ``Kaloko-Honokohau'' each place it appears 
     and inserting ``Kaloko-Honokohau''.
       (2) References.--Any reference in any law (other than this 
     section), regulation, document, record, map, or other paper 
     of the United States to ``Kaloko-Honokohau National 
     Historical Park'' shall be considered a reference to 
     ``Kaloko-Honokohau National Historical Park''.
       (d) Pu`uhonua o Honaunau National Historical Park.--
       (1) In general.--The Act of July 21, 1955 (chapter 385; 69 
     Stat. 376), as amended by section 305 of the National Parks 
     and Recreation Act of 1978 (92 Stat. 3477), is amended by 
     striking ``Puuhonua o Honaunau National Historical Park'' 
     each place it appears and inserting ``Pu`uhonua o Honaunau 
     National Historical Park''.
       (2) References.--Any reference in any law (other than this 
     section), regulation, document, record, map, or other paper 
     of the United States to ``Puuhonua o Honaunau National 
     Historical Park shall be considered a reference to 
     ``Pu`uhonua o Honaunau National Historical Park''.
       (e) Pu`ukohola Heiau National Historic Site.--
       (1) In general.--Public Law 92-388 (86 Stat. 562) is 
     amended by striking ``Puukohola Heiau National Historic 
     Site'' each place it appears and inserting ``Pu`ukohola Heiau 
     National Historic Site''.
       (2) References.--Any reference in any law (other than this 
     section), regulation, document, record, map, or other paper 
     of the United States to ``Puukohola Heiau National Historic 
     Site'' shall be considered a reference to ``Pu`ukohola Heiau 
     National Historic Site''.
       (f) Conforming Amendments.--
       (1) Section 401(8) of the National Parks and Recreation Act 
     of 1978 (Public Law 95-625; 92 Stat. 3489) is amended by 
     striking ``Hawaii Volcanoes'' each place it appears and 
     inserting ``Hawai`i Volcanoes''.
       (2) The first section of Public Law 94-567 (90 Stat. 2692) 
     is amended in subsection (e) by striking ``Haleakala'' each 
     place it appears and inserting ``Haleakala''.

     SEC. 503. HAMILTON GRANGE NATIONAL MEMORIAL.

       (a) Not withstanding the provisions of the Act of November 
     19, 1988 (16 U.S.C. 431 note.), the Secretary of the Interior 
     is authorized to accept by donation not to exceed one acre of 
     land or interests in land from the City of New York for the 
     purpose of relocating Hamilton Grange. Such land to be 
     donated shall be within close proximity to the existing 
     location of Hamilton Grange.
       (b) Lands and interests in land acquired pursuant to 
     section (a) shall be added to and administered as part of 
     Hamilton Grange National Memorial.

     SEC. 504. SAINT-GAUDENS NATIONAL HISTORIC SITE.

       Public Law 88-543 (16 U.S.C. 461 (note)), which established 
     Saint-Gaudens National Historic Site, is amended--
       (1) in section 3 by striking ``not to exceed sixty-four 
     acres of lands and interests therein'' and inserting ``279 
     acres of lands and buildings, or interests therein'';
       (2) in section 6 by striking ``$2,677,000'' from the first 
     sentence and inserting ``$10,632,000''; and
       (3) in section 6 by striking ``$80,000'' from the last 
     sentence and inserting ``$2,000,000''.

     SEC. 505. FORT MATANZAS NATIONAL MONUMENT

       (a) Definitions--
       In this section.
       (1) Map.--The term ``Map'' means the map entitled ``fort 
     Matanzas National Monument'', numbered 347/80,004 and dated 
     February, 1991.
       (2) Monument.--The term ``Monument'' means the Fort 
     Matanzas National Monument in Florida.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Revision of Boundary.--
       (1) In general.--The boundary of the Monument is revised to 
     include an area totaling approximately 70 acres, as generally 
     depicted on the Map.
       (2) Availability of map.--The Map shall be on file and 
     available for public inspection in the office of the Director 
     of the National Park Service.
       (c) Acquisition of Additional Land.--
       The Secretary may acquire any land, water, or interests in 
     land that are located within the revised boundary of the 
     Monument by--
       (1) donation;
       (2) purchase with donated or appropriated funds;
       (3) transfer from any other Federal agency; or
       (4) exchange.
       (d) Administration.--
       Subject to applicable laws, all land and interests in land 
     held by the United States that are included in the revised 
     boundary under section 2 shall be administered by the 
     Secretary as part of the Monument.
       (c) Authorization of Appropriations.--
       There are authorized to be appropriated such sums as are 
     necessary to carry out this section.

              TITLE VI--ALASKA NATIONAL PARK UNIT REPORTS

     SEC. 601. MT. MCKINLEY HIGH ALTITUDE RESCUE FEE STUDY.

       No later than nine months after the enactment of this 
     section, the Secretary of the Interior (hereinafter referred 
     to as the ``Secretary'') shall complete a report on the 
     suitability and feasibility of recovering the costs of high 
     altitude rescues on Mt. McKinley, within Denali National Park 
     and Preserve. The Secretary shall also report on the 
     suitability and feasibility of requiring climbers to provide 
     proof of medical insurance prior to the issuance of a 
     climbing permit by the National Park Service. the report 
     shall also review the amount of fees charged for a climbing 
     permit and make such recommendations for changing the fee 
     structure as the Secretary deems appropriate. Upon 
     completion, the report shall be submitted to the Committee on 
     Energy and Natural Resources of the Senate, and the Committee 
     on Resources of the House of Representatives.

     SECTION 602. ALASKA NATIVE HIRING REPORT

       (a) Within six months after the enactment of this section 
     the Secretary of the Interior (hereinafter referred to as the 
     ``Secretary'' shall submit a report detailing the progress 
     the Department has made in the implementation of the 
     provisions of sections 1307 and 1308 of the Alaska National 
     Interest Lands Conservation Act and provisions of the Indian 
     Self-Determination and Education Assistance Act. The report 
     shall include a detailed action plan on the future 
     implementation of the provisions of sections 1307 and 1308 of 
     the Alaska National Interest Lands Conservation Act and 
     provisions of the Indian Self-Determination and Education 
     Assistance Act. The report shall describe, in detail, the 
     measures and actions that will be taken, along with a 
     description of the anticipated results to be achieved during 
     the next three fiscal years. The report shall focus on lands 
     under the jurisdiction of the Department of the Interior in 
     Alaska and shall also

[[Page S10831]]

     address any laws, rules, regulations and policies which act 
     as a deterrent to hiring Native Alaskans or contracting with 
     Native Alaskans to perform and conduct activities and 
     programs of those agencies and bureaus under the jurisdiction 
     of the Department of the Interior.
       (b) The report shall be completed within existing 
     appropriations and shall be transmitted to the Committee on 
     Resources of the United States Senate; and the Committee on 
     Resources of the United States House of Representatives.

     SEC. 603. PILOT PROGRAM.

       (a) In furtherance of the goals of sections 1307 and 1308 
     of the Alaska National Interest Lands Conservation Act and 
     the provisions of the Indian Self-Determination and Education 
     Assistance Act, the Secretary shall--
       (1) implement pilot programs to employ residents of local 
     communities at the following units of the National Park 
     System located in northwest Alaska:
       (A) Bering Land Bridge National Preserve,
       (B) Cape Krusenstern National Monument,
       (C) Kobuk Valley National Park, and
       (D) Noatak National Preserve; and
       (2) report on the results of the programs within one year 
     to the Committee on Energy and Natural Resources of the 
     United States and the Committee on Resources of the House of 
     Representatives.
       (b) In implementing the programs, the Secretary shall 
     consult with the Native Corporations, non-profit 
     organizations, and Tribal entities in the immediate vicinity 
     of such units and shall also, to the extent practicable, 
     involve such groups in the development of interpretive 
     materials and the pilot programs relating to such units.

        TITLE VII--GLACIER BAY NATIONAL PARK RESOURCE MANAGEMENT

     SECTION 701. SHORT TITLE.

       This Act may be cited as the ``Glacier Bay National Park 
     Resource Management Act of 2000''.

     SEC. 702. DEFINITIONS.

       As used in this title--
       (1) the term ``local residents'' means those persons living 
     within the vicinity of Glacier Bay National Park and 
     Preserve, including but not limited to the residents of 
     Hoonah, Alaska, who are descendants of those who had an 
     historic and cultural tradition of sea gull egg gathering 
     within the boundary of what is now Glacier Bay National Park 
     and Preserve;
       (2) the term ``outer waters'' means all of the marine 
     waters within the park outside of Glacier Bay proper;
       (3) the term ``park'' means Glacier Bay National Park;
       (4) the term ``Secretary'' means the Secretary of the 
     Interior; and
       (5) the term ``State'' means the State of Alaska.

     SEC. 703. COMMERCIAL FISHING.

       (a) In General.--The Secretary shall allow for commercial 
     fishing in the outer waters of the park in accordance with 
     the management plan referred to in subsection (b) in a manner 
     that provides for the protection of park resources and 
     values.
       (b) Management Plan.--The Secretary and the State shall 
     cooperate in the development of a management plan for the 
     regulation of commercial fisheries in the outer waters of the 
     park in accordance with existing Federal and State laws and 
     any applicable international conservation and management 
     treaties.
       (c) Savings.--(1) Nothing in this title shall alter or 
     affect the provisions of section 123 of the Department of the 
     Interior and Related Agencies Appropriations Act for Fiscal 
     Year 1999 (Public Law 105-277), as amended by section 501 of 
     the 1999 Emergency Supplemental Appropriations Act (Public 
     Law 106-31).
       (2) Nothing in this title shall enlarge or diminish Federal 
     or State title, jurisdiction, or authority with respect to 
     the waters of the State of Alaska, the waters within Glacier 
     Bay National Park and Preserve, or tidal or submerged lands.
       (d) Study.--(1) Not later than one year after the date 
     funds are made available, the Secretary, in consultation with 
     the State, the National Marine Fisheries Service, the 
     International Pacific Halibut Commission, and other affected 
     agencies shall develop a plan for a comprehensive multi-
     agency research and monitoring program to evaluate the health 
     of fisheries resources in the park's marine waters, to 
     determine the effect, if any, of commercial fishing on--
       (A) the productivity, diversity, and sustainability of 
     fishery resources in such waters; and
       (B) park resources and values.
       (2) The Secretary shall promptly notify the Committee on 
     Energy and Natural Resources of the United States Senate and 
     the Committee on Resources of the United States House of 
     Representatives upon the completion of the plan.
       (3) The Secretary shall complete the program set forth in 
     the plan not later than seven years after the date the 
     Congressional Committees are notified pursuant to paragraph 
     (2), and shall transmit the results of the program to such 
     Committees on a biennial basis.

     SEC. 704. SEA GULL EGG COLLECTION STUDY.

       (a) Study.--The Secretary, in consultation with local 
     residents, shall undertake a study of sea gulls living within 
     the park to assess whether sea gull eggs can be collected on 
     a limited basis without impairing the biological 
     sustainability of the sea gull population in the park. The 
     study shall be completed no later than two years after the 
     date funds are made available.
       (b) Recommendations.--If the study referred to in 
     subsection (a) determines that the limited collection of sea 
     gull eggs can occur without impairing the biological 
     sustainability of the sea gull population in the park, the 
     Secretary shall submit recommendations for legislation to the 
     Committee on Energy and Natural Resources of the United 
     States Senate and the Committee on Resources of the United 
     States House of Representatives.

     SEC. 705. AUTHORIZATION OF APPROPRIATIONS.

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

                 FEDERAL COURTS IMPROVEMENT ACT OF 2000

                                 ______
                                 

                        HATCH AMENDMENT NO. 4332

  Mr. SESSIONS (for Mr. Hatch) proposed an amendment to the bill (S. 
2915) to make improvements in the operation and administration of the 
Federal courts, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Federal 
     Courts Improvement Act of 2000''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title and table of contents.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

Sec. 101. Extension of Judiciary Information Technology Fund.
Sec. 102. Disposition of miscellaneous fees.
Sec. 103. Transfer of retirement funds.
Sec. 104. Increase in chapter 9 bankruptcy filing fee.
Sec. 105. Increase in fee for converting a chapter 7 or chapter 13 
              bankruptcy case to a chapter 11 bankruptcy case.
Sec. 106. Bankruptcy fees.

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

Sec. 201. Extension of statutory authority for magistrate judge 
              positions to be established in the district courts of 
              Guam and the Northern Mariana Islands.
Sec. 202. Magistrate judge contempt authority.
Sec. 203. Consent to magistrate judge authority in petty offense cases 
              and magistrate judge authority in misdemeanor cases 
              involving juvenile defendants.
Sec. 204. Savings and loan data reporting requirements.
Sec. 205. Membership in circuit judicial councils.
Sec. 206. Sunset of civil justice expense and delay reduction plans.
Sec. 207. Repeal of Court of Federal Claims filing fee.
Sec. 208. Technical bankruptcy correction.
Sec. 209. Technical amendment relating to the treatment of certain 
              bankruptcy fees collected.
Sec. 210. Maximum amounts of compensation for attorneys.
Sec. 211. Reimbursement of expenses in defense of certain malpractice 
              actions.

TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

Sec. 301. Judicial administrative officials retirement matters.
Sec. 302. Applicability of leave provisions to employees of the 
              Sentencing Commission.
Sec. 303. Payments to military survivors benefits plan.
Sec. 304. Creation of certifying officers in the judicial branch.
Sec. 305. Amendment to the jury selection process.
Sec. 306. Authorization of a circuit executive for the Federal circuit.
Sec. 307. Residence of retired judges.
Sec. 308. Recall of judges on disability status.
Sec. 309. Personnel application and insurance programs relating to 
              judges of the Court of Federal Claims.
Sec. 310. Lump-sum payment for accumulated and accrued leave on 
              separation.
Sec. 311. Employment of personal assistants for handicapped employees.
Sec. 312. Mandatory retirement age for director of the Federal judicial 
              center.
Sec. 313. Reauthorization of certain Supreme Court Police authority.

                   TITLE IV--FEDERAL PUBLIC DEFENDERS

Sec. 401. Tort Claims Act amendment relating to liability of Federal 
              public defenders.

                   TITLE V--MISCELLANEOUS PROVISIONS

Sec. 501. Extensions relating to bankruptcy administrator program.
Sec. 502. Additional place of holding court in the district of Oregon.

               TITLE I--JUDICIAL FINANCIAL ADMINISTRATION

     SEC. 101. EXTENSION OF JUDICIARY INFORMATION TECHNOLOGY FUND.

       Section 612 of title 28, United States Code, is amended--

[[Page S10832]]

       (1) by striking ``equipment'' each place it appears and 
     inserting ``resources'';
       (2) by striking subsection (f) and redesignating 
     subsections (g) through (k) as subsections (f) through (j), 
     respectively;
       (3) in subsection (g), as so redesignated, by striking 
     paragraph (3); and
       (4) in subsection (i), as so redesignated--
       (A) by striking ``Judiciary'' each place it appears and 
     inserting ``judiciary'';
       (B) by striking ``subparagraph (c)(1)(B)'' and inserting 
     ``subsection (c)(1)(B)''; and
       (C) by striking ``under (c)(1)(B)'' and inserting ``under 
     subsection (c)(1)(B)''.

     SEC. 102. DISPOSITION OF MISCELLANEOUS FEES.

       For fiscal year 2001 and each fiscal year thereafter, any 
     portion of miscellaneous fees collected as prescribed by the 
     Judicial Conference of the United States under sections 1913, 
     1914(b), 1926(a), 1930(b), and 1932 of title 28, United 
     States Code, exceeding the amount of such fees in effect on 
     September 30, 2000, shall be deposited into the special fund 
     of the Treasury established under section 1931 of title 28, 
     United States Code.

     SEC. 103. TRANSFER OF RETIREMENT FUNDS.

       Section 377 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(p) Transfer of Retirement Funds.--Upon election by a 
     bankruptcy judge or a magistrate judge under subsection (f) 
     of this section, all of the accrued employer contributions 
     and accrued interest on those contributions made on behalf of 
     the bankruptcy judge or magistrate judge to the Civil Service 
     Retirement and Disability Fund under section 8348 of title 5 
     shall be transferred to the fund established under section 
     1931 of this title, except that if the bankruptcy judge or 
     magistrate judge elects under section 2(c) of the Retirement 
     and Survivor's Annuities for Bankruptcy Judges and 
     Magistrates Act of 1988 (Public Law 100-659), to receive a 
     retirement annuity under both this section and title 5, only 
     the accrued employer contributions and accrued interest on 
     such contributions, made on behalf of the bankruptcy judge or 
     magistrate judge for service credited under this section, may 
     be transferred.''.

     SEC. 104. INCREASE IN CHAPTER 9 BANKRUPTCY FILING FEE.

       Section 1930(a)(2) of title 28, United States Code, is 
     amended by striking ``$300'' and inserting ``equal to the fee 
     specified in paragraph (3) for filing a case under chapter 11 
     of title 11. The amount by which the fee payable under this 
     paragraph exceeds $300 shall be deposited in the fund 
     established under section 1931 of this title''.

     SEC. 105. INCREASE IN FEE FOR CONVERTING A CHAPTER 7 OR 
                   CHAPTER 13 BANKRUPTCY CASE TO A CHAPTER 11 
                   BANKRUPTCY CASE.

       The flush paragraph at the end of section 1930(a) of title 
     28, United States Code, is amended by striking ``$400'' and 
     inserting ``the amount equal to the difference between the 
     fee specified in paragraph (3) and the fee specified in 
     paragraph (1)''.

     SEC. 106. BANKRUPTCY FEES.

       Section 1930(a) of title 28, United States Code, is amended 
     by adding at the end the following:
       ``(7) In districts that are not part of a United States 
     trustee region as defined in section 581 of this title, the 
     Judicial Conference of the United States may require the 
     debtor in a case under chapter 11 of title 11 to pay fees 
     equal to those imposed by paragraph (6) of this subsection. 
     Such fees shall be deposited as offsetting receipts to the 
     fund established under section 1931 of this title and shall 
     remain available until expended.''.

                TITLE II--JUDICIAL PROCESS IMPROVEMENTS

     SEC. 201. EXTENSION OF STATUTORY AUTHORITY FOR MAGISTRATE 
                   JUDGE POSITIONS TO BE ESTABLISHED IN THE 
                   DISTRICT COURTS OF GUAM AND THE NORTHERN 
                   MARIANA ISLANDS.

       Section 631 of title 28, United States Code, is amended--
       (1) by striking the first two sentences of subsection (a) 
     and inserting the following: ``The judges of each United 
     States district court and the district courts of the Virgin 
     Islands, Guam, and the Northern Mariana Islands shall appoint 
     United States magistrate judges in such numbers and to serve 
     at such locations within the judicial districts as the 
     Judicial Conference may determine under this chapter. In the 
     case of a magistrate judge appointed by the district court of 
     the Virgin Islands, Guam, or the Northern Mariana Islands, 
     this chapter shall apply as though the court appointing such 
     a magistrate judge were a United States district court.''; 
     and
       (2) by inserting in the first sentence of paragraph (1) of 
     subsection (b) after ``Commonwealth of Puerto Rico,'' the 
     following: ``the Territory of Guam, the Commonwealth of the 
     Northern Mariana Islands,''.

     SEC. 202. MAGISTRATE JUDGE CONTEMPT AUTHORITY.

       Section 636(e) of title 28, United States Code, is amended 
     to read as follows:
       ``(e) Contempt Authority.--
       ``(1) In general.--A United States magistrate judge serving 
     under this chapter shall have within the territorial 
     jurisdiction prescribed by the appointment of such magistrate 
     judge the power to exercise contempt authority as set forth 
     in this subsection.
       ``(2) Summary criminal contempt authority.--A magistrate 
     judge shall have the power to punish summarily by fine or 
     imprisonment such contempt of the authority of such 
     magistrate judge constituting misbehavior of any person in 
     the magistrate judge's presence so as to obstruct the 
     administration of justice. The order of contempt shall be 
     issued under the Federal Rules of Criminal Procedure.
       ``(3) Additional criminal contempt authority in civil 
     consent and misdemeanor cases.--In any case in which a United 
     States magistrate judge presides with the consent of the 
     parties under subsection (c) of this section, and in any 
     misdemeanor case proceeding before a magistrate judge under 
     section 3401 of title 18, the magistrate judge shall have the 
     power to punish, by fine or imprisonment, criminal contempt 
     constituting disobedience or resistance to the magistrate 
     judge's lawful writ, process, order, rule, decree, or 
     command. Disposition of such contempt shall be conducted upon 
     notice and hearing under the Federal Rules of Criminal 
     Procedure.
       ``(4) Civil contempt authority in civil consent and 
     misdemeanor cases.--In any case in which a United States 
     magistrate judge presides with the consent of the parties 
     under subsection (c) of this section, and in any misdemeanor 
     case proceeding before a magistrate judge under section 3401 
     of title 18, the magistrate judge may exercise the civil 
     contempt authority of the district court. This paragraph 
     shall not be construed to limit the authority of a magistrate 
     judge to order sanctions under any other statute, the Federal 
     Rules of Civil Procedure, or the Federal Rules of Criminal 
     Procedure.
       ``(5) Criminal contempt penalties.--The sentence imposed by 
     a magistrate judge for any criminal contempt provided for in 
     paragraphs (2) and (3) shall not exceed the penalties for a 
     Class C misdemeanor as set forth in sections 3581(b)(8) and 
     3571(b)(6) of title 18.
       ``(6) Certification of other contempts to the district 
     court.--Upon the commission of any such act--
       ``(A) in any case in which a United States magistrate judge 
     presides with the consent of the parties under subsection (c) 
     of this section, or in any misdemeanor case proceeding before 
     a magistrate judge under section 3401 of title 18, that may, 
     in the opinion of the magistrate judge, constitute a serious 
     criminal contempt punishable by penalties exceeding those set 
     forth in paragraph (5) of this subsection; or
       ``(B) in any other case or proceeding under subsection (a) 
     or (b) of this section, or any other statute, where--
       ``(i) the act committed in the magistrate judge's presence 
     may, in the opinion of the magistrate judge, constitute a 
     serious criminal contempt punishable by penalties exceeding 
     those set forth in paragraph (5) of this subsection;
       ``(ii) the act that constitutes a criminal contempt occurs 
     outside the presence of the magistrate judge; or
       ``(iii) the act constitutes a civil contempt,

     the magistrate judge shall forthwith certify the facts to a 
     district judge and may serve or cause to be served, upon any 
     person whose behavior is brought into question under this 
     paragraph, an order requiring such person to appear before a 
     district judge upon a day certain to show cause why that 
     person should not be adjudged in contempt by reason of the 
     facts so certified. The district judge shall thereupon hear 
     the evidence as to the act or conduct complained of and, if 
     it is such as to warrant punishment, punish such person in 
     the same manner and to the same extent as for a contempt 
     committed before a district judge.
       ``(7) Appeals of magistrate judge contempt orders.--The 
     appeal of an order of contempt under this subsection shall be 
     made to the court of appeals in cases proceeding under 
     subsection (c) of this section. The appeal of any other order 
     of contempt issued under this section shall be made to the 
     district court.''.

     SEC. 203. CONSENT TO MAGISTRATE JUDGE AUTHORITY IN PETTY 
                   OFFENSE CASES AND MAGISTRATE JUDGE AUTHORITY IN 
                   MISDEMEANOR CASES INVOLVING JUVENILE 
                   DEFENDANTS.

       (a) Amendments to Title 18.--
       (1) Petty offense cases.--Section 3401(b) of title 18, 
     United States Code, is amended by striking ``that is a class 
     B misdemeanor charging a motor vehicle offense, a class C 
     misdemeanor, or an infraction,'' after ``petty offense''.
       (2) Cases involving juveniles.--Section 3401(g) of title 
     18, United States Code, is amended--
       (A) by striking the first sentence and inserting the 
     following: ``The magistrate judge may, in a petty offense 
     case involving a juvenile, exercise all powers granted to the 
     district court under chapter 403 of this title.'';
       (B) in the second sentence by striking ``any other class B 
     or C misdemeanor case'' and inserting ``the case of any 
     misdemeanor, other than a petty offense,''; and
       (C) by striking the last sentence.
       (b) Amendments to Title 28.--Section 636(a) of title 28, 
     United States Code, is amended by striking paragraphs (4) and 
     (5) and inserting in the following:
       ``(4) the power to enter a sentence for a petty offense; 
     and
       ``(5) the power to enter a sentence for a class A 
     misdemeanor in a case in which the parties have consented.''.

     SEC. 204. SAVINGS AND LOAN DATA REPORTING REQUIREMENTS.

       Section 604 of title 28, United States Code, is amended in 
     subsection (a) by striking the second paragraph designated 
     (24).

[[Page S10833]]

     SEC. 205. MEMBERSHIP IN CIRCUIT JUDICIAL COUNCILS.

       Section 332(a) of title 28, United States Code, is 
     amended--
       (1) by striking paragraph (3) and inserting the following:
       ``(3) Except for the chief judge of the circuit, either 
     judges in regular active service or judges retired from 
     regular active service under section 371(b) of this title may 
     serve as members of the council. Service as a member of a 
     judicial council by a judge retired from regular active 
     service under section 371(b) may not be considered for 
     meeting the requirements of section 371(f)(1) (A), (B), or 
     (C).''; and
       (2) in paragraph (5) by striking ``retirement,'' and 
     inserting ``retirement under section 371(a) or 372(a) of this 
     title,''.

     SEC. 206. SUNSET OF CIVIL JUSTICE EXPENSE AND DELAY REDUCTION 
                   PLANS.

       Section 103(b)(2)(A) of the Civil Justice Reform Act of 
     1990 (Public Law 101-650; 104 Stat. 5096; 28 U.S.C. 471 
     note), as amended by Public Law 105-53 (111 Stat. 1173), is 
     amended by inserting ``471,'' after ``sections''.

     SEC. 207. REPEAL OF COURT OF FEDERAL CLAIMS FILING FEE.

       Section 2520 of title 28, United States Code, and the item 
     relating to such section in the table of contents for chapter 
     165 of such title, are repealed.

     SEC. 208. TECHNICAL BANKRUPTCY CORRECTION.

       Section 1228 of title 11, United States Code, is amended by 
     striking ``1222(b)(10)'' each place it appears and inserting 
     ``1222(b)(9)''.

     SEC. 209. TECHNICAL AMENDMENT RELATING TO THE TREATMENT OF 
                   CERTAIN BANKRUPTCY FEES COLLECTED.

       (a) Amendment.--The first sentence of section 406(b) of the 
     Departments of Commerce, Justice, and State, the Judiciary, 
     and Related Agencies Appropriations Act, 1990 (Public Law 
     101-162; 103 Stat. 1016; 28 U.S.C. 1931 note) is amended by 
     striking ``service enumerated after item 18'' and inserting 
     ``service not of a kind described in any of the items 
     enumerated as items 1 through 7 and as items 9 through 18, as 
     in effect on November 21, 1989,''.
       (b) Application of Amendment.--The amendment made by 
     subsection (a) shall not apply with respect to fees collected 
     before the date of enactment of this Act.

     SEC. 210. MAXIMUM AMOUNTS OF COMPENSATION FOR ATTORNEYS.

        Section 3006A(d)(2) of title 18, United States Code, is 
     amended--
       (1) in the first sentence--
       (A) by striking ``$3,500'' and inserting ``$5,200''; and
       (B) by striking ``$1,000'' and inserting ``$1,500'';
       (2) in the second sentence by striking ``$2,500'' and 
     inserting ``$3,700'';
       (3) in the third sentence--
       (A) by striking ``$750'' and inserting ``$1,200''; and
       (B) by striking ``$2,500'' and inserting ``$3,900'';
       (4) by inserting after the second sentence the following: 
     ``For representation of a petitioner in a non-capital habeas 
     corpus proceeding, the compensation for each attorney shall 
     not exceed the amount applicable to a felony in this 
     paragraph for representation of a defendant before a judicial 
     officer of the district court. For representation of such 
     petitioner in an appellate court, the compensation for each 
     attorney shall not exceed the amount applicable for 
     representation of a defendant in an appellate court.''; and
       (5) in the last sentence by striking ``$750'' and inserting 
     ``$1,200''.

     SEC. 211. REIMBURSEMENT OF EXPENSES IN DEFENSE OF CERTAIN 
                   MALPRACTICE ACTIONS.

       Section 3006A(d)(1) of title 18, United States Code, is 
     amended by striking the last sentence and inserting 
     ``Attorneys may be reimbursed for expenses reasonably 
     incurred, including the costs of transcripts authorized by 
     the United States magistrate or the court, and the costs of 
     defending actions alleging malpractice of counsel in 
     furnishing representational services under this section. No 
     reimbursement for expenses in defending against malpractice 
     claims shall be made if a judgment of malpractice is rendered 
     against the counsel furnishing representational services 
     under this section. The United States magistrate or the court 
     shall make determinations relating to reimbursement of 
     expenses under this paragraph.''.

TITLE III--JUDICIAL PERSONNEL ADMINISTRATION, BENEFITS, AND PROTECTIONS

     SEC. 301. JUDICIAL ADMINISTRATIVE OFFICIALS RETIREMENT 
                   MATTERS.

       (a) Director of Administrative Office.--Section 611 of 
     title 28, United States Code, is amended--
       (1) in subsection (d), by inserting ``a congressional 
     employee in the capacity of primary administrative assistant 
     to a Member of Congress or in the capacity of staff director 
     or chief counsel for the majority or the minority of a 
     committee or subcommittee of the Senate or House of 
     Representatives,'' after ``Congress,'';
       (2) in subsection (b)--
       (A) by striking ``who has served at least fifteen years 
     and'' and inserting ``who has at least fifteen years of 
     service and has''; and
       (B) in the first undesignated paragraph, by striking ``who 
     has served at least ten years,'' and inserting ``who has at 
     least ten years of service,''; and
       (3) in subsection (c)--
       (A) by striking ``served at least fifteen years,'' and 
     inserting ``at least fifteen years of service,''; and
       (B) by striking ``served less than fifteen years,'' and 
     inserting ``less than fifteen years of service,''.
       (b) Director of the Federal Judicial Center.--Section 627 
     of title 28, United States Code, is amended--
       (1) in subsection (e), by inserting ``a congressional 
     employee in the capacity of primary administrative assistant 
     to a Member of Congress or in the capacity of staff director 
     or chief counsel for the majority or the minority of a 
     committee or subcommittee of the Senate or House of 
     Representatives,'' after ``Congress,'';
       (2) in subsection (c)--
       (A) by striking ``who has served at least fifteen years 
     and'' and inserting ``who has at least fifteen years of 
     service and has''; and
       (B) in the first undesignated paragraph, by striking ``who 
     has served at least ten years,'' and inserting ``who has at 
     least ten years of service,''; and
       (3) in subsection (d)--
       (A) by striking ``served at least fifteen years,'' and 
     inserting ``at least fifteen years of service,''; and
       (B) by striking ``served less than fifteen years,'' and 
     inserting ``less than fifteen years of service,''.

     SEC. 302. APPLICABILITY OF LEAVE PROVISIONS TO EMPLOYEES OF 
                   THE SENTENCING COMMISSION.

       (a) In General.--Section 996(b) of title 28, United States 
     Code, is amended by striking all after ``title 5,'' and 
     inserting ``except the following: chapters 45 (Incentive 
     Awards), 63 (Leave), 81 (Compensation for Work Injuries), 83 
     (Retirement), 85 (Unemployment Compensation), 87 (Life 
     Insurance), and 89 (Health Insurance), and subchapter VI of 
     chapter 55 (Payment for accumulated and accrued leave).''.
       (b) Savings Provision.--Any leave that an individual 
     accrued or accumulated (or that otherwise became available to 
     such individual) under the leave system of the United States 
     Sentencing Commission and that remains unused as of the date 
     of the enactment of this Act shall, on and after such date, 
     be treated as leave accrued or accumulated (or that otherwise 
     became available to such individual) under chapter 63 of 
     title 5, United States Code.

     SEC. 303. PAYMENTS TO MILITARY SURVIVORS BENEFITS PLAN.

       Section 371(e) of title 28, United States Code, is amended 
     by inserting after ``such retired or retainer pay'' the 
     following: ``, except such pay as is deductible from the 
     retired or retainer pay as a result of participation in any 
     survivor's benefits plan in connection with the retired 
     pay,''.

     SEC. 304. CREATION OF CERTIFYING OFFICERS IN THE JUDICIAL 
                   BRANCH.

       (a) Appointment of Disbursing and Certifying Officers.--
     Chapter 41 of title 28, United States Code, is amended by 
     adding at the end the following:

     ``Sec. 613. Disbursing and certifying officers

       ``(a) Disbursing Officers.--The Director may designate in 
     writing officers and employees of the judicial branch of the 
     Government, including the courts as defined in section 610 
     other than the Supreme Court, to be disbursing officers in 
     such numbers and locations as the Director considers 
     necessary. Such disbursing officers shall--
       ``(1) disburse moneys appropriated to the judicial branch 
     and other funds only in strict accordance with payment 
     requests certified by the Director or in accordance with 
     subsection (b);
       ``(2) examine payment requests as necessary to ascertain 
     whether they are in proper form, certified, and approved; and
       ``(3) be held accountable for their actions as provided by 
     law, except that such a disbursing officer shall not be held 
     accountable or responsible for any illegal, improper, or 
     incorrect payment resulting from any false, inaccurate, or 
     misleading certificate for which a certifying officer is 
     responsible under subsection (b).
       ``(b) Certifying Officers.--
       ``(1) In general.--The Director may designate in writing 
     officers and employees of the judicial branch of the 
     Government, including the courts as defined in section 610 
     other than the Supreme Court, to certify payment requests 
     payable from appropriations and funds. Such certifying 
     officers shall be responsible and accountable for--
       ``(A) the existence and correctness of the facts recited in 
     the certificate or other request for payment or its 
     supporting papers;
       ``(B) the legality of the proposed payment under the 
     appropriation or fund involved; and
       ``(C) the correctness of the computations of certified 
     payment requests.
       ``(2) Liability.--The liability of a certifying officer 
     shall be enforced in the same manner and to the same extent 
     as provided by law with respect to the enforcement of the 
     liability of disbursing and other accountable officers. A 
     certifying officer shall be required to make restitution to 
     the United States for the amount of any illegal, improper, or 
     incorrect payment resulting from any false, inaccurate, or 
     misleading certificates made by the certifying officer, as 
     well as for any payment prohibited by law or which did not 
     represent a legal obligation under the appropriation or fund 
     involved.
       ``(c) Rights.--A certifying or disbursing officer--

[[Page S10834]]

       ``(1) has the right to apply for and obtain a decision by 
     the Comptroller General on any question of law involved in a 
     payment request presented for certification; and
       ``(2) is entitled to relief from liability arising under 
     this section in accordance with title 31.
       ``(d) Other Authority Not Affected.--Nothing in this 
     section affects the authority of the courts with respect to 
     moneys deposited with the courts under chapter 129 of this 
     title.''.
       (b) Conforming Amendment.--The table of sections for 
     chapter 41 of title 28, United States Code, is amended by 
     adding at the end the following:

``613. Disbursing and certifying officers.''.

       (c) Rule of Construction.--The amendment made by subsection 
     (a) shall not be construed to authorize the hiring of any 
     Federal officer or employee.
       (d) Duties of Director.--Section 604(a)(8) of title 28, 
     United States Code, is amended to read as follows:
       ``(8) Disburse appropriations and other funds for the 
     maintenance and operation of the courts;''.

     SEC. 305. AMENDMENT TO THE JURY SELECTION PROCESS.

       Section 1865 of title 28, United States Code, is amended--
       (1) in subsection (a) by inserting ``or the clerk under 
     supervision of the court if the court's jury selection plan 
     so authorizes,'' after ``jury commission,''; and
       (2) in subsection (b) by inserting ``or the clerk if the 
     court's jury selection plan so provides,'' after ``may 
     provide,''.

     SEC. 306. AUTHORIZATION OF A CIRCUIT EXECUTIVE FOR THE 
                   FEDERAL CIRCUIT.

       Section 332 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(h)(1) The United States Court of Appeals for the Federal 
     Circuit may appoint a circuit executive, who shall serve at 
     the pleasure of the court. In appointing a circuit executive, 
     the court shall take into account experience in 
     administrative and executive positions, familiarity with 
     court procedures, and special training. The circuit executive 
     shall exercise such administrative powers and perform such 
     duties as may be delegated by the court. The duties delegated 
     to the circuit executive may include the duties specified in 
     subsection (e) of this section, insofar as such duties are 
     applicable to the Court of Appeals for the Federal Circuit.
       ``(2) The circuit executive shall be paid the salary for 
     circuit executives established under subsection (f) of this 
     section.
       ``(3) The circuit executive may appoint, with the approval 
     of the court, necessary employees in such number as may be 
     approved by the Director of the Administrative Office of the 
     United States Courts.
       ``(4) The circuit executive and staff shall be deemed to be 
     officers and employees of the United States within the 
     meaning of the statutes specified in subsection (f)(4).
       ``(5) The court may appoint either a circuit executive 
     under this subsection or a clerk under section 711 of this 
     title, but not both, or may appoint a combined circuit 
     executive/clerk who shall be paid the salary of a circuit 
     executive.''.

     SEC. 307. RESIDENCE OF RETIRED JUDGES.

       Section 175 of title 28, United States Code, is amended by 
     adding at the end the following:
       ``(c) Retired judges of the Court of Federal Claims are not 
     subject to restrictions as to residence. The place where a 
     retired judge maintains the actual abode in which such judge 
     customarily lives shall be deemed to be the judge's official 
     duty station for the purposes of section 456 of this 
     title.''.

     SEC. 308. RECALL OF JUDGES ON DISABILITY STATUS.

       Section 797(a) of title 28, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)''; and
       (2) by adding at the end the following:
       ``(2) Any judge of the Court of Federal Claims receiving an 
     annuity under section 178(c) of this title (pertaining to 
     disability) who, in the estimation of the chief judge, has 
     recovered sufficiently to render judicial service, shall be 
     known and designated as a senior judge and may perform duties 
     as a judge when recalled under subsection (b) of this 
     section.''.

     SEC. 309. PERSONNEL APPLICATION AND INSURANCE PROGRAMS 
                   RELATING TO JUDGES OF THE COURT OF FEDERAL 
                   CLAIMS.

       (a) In General.--Chapter 7 of title 28, United States Code, 
     is amended by inserting after section 178 the following:

     ``Sec. 179. Personnel application and insurance programs

       ``(a) For purposes of construing and applying title 5, a 
     judge of the United States Court of Federal Claims shall be 
     deemed to be an `officer' under section 2104(a) of such 
     title.
       ``(b) For purposes of construing and applying chapter 89 of 
     title 5, a judge of the United States Court of Federal Claims 
     who--
       ``(1) is retired under section 178 of this title; and
       ``(2) was enrolled in a health benefits plan under chapter 
     89 of title 5 at the time the judge became a retired judge,

     shall be deemed to be an annuitant meeting the requirements 
     of section 8905(b)(1) of title 5, notwithstanding the length 
     of enrollment prior to the date of retirement.
       ``(c) For purposes of construing and applying chapter 87 of 
     title 5, including any adjustment of insurance rates by 
     regulation or otherwise, a judge of the United States Court 
     of Federal Claims in regular active service or who is retired 
     under section 178 of this title shall be deemed to be a judge 
     of the United States described under section 8701(a)(5) of 
     title 5.''.
       (b) Technical and Conforming Amendment.--The table of 
     sections for chapter 7 of title 28, United States Code, is 
     amended by striking the item relating to section 179 and 
     inserting the following:

``179. Personnel application and insurance programs.''.

     SEC. 310. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE 
                   ON SEPARATION.

       Section 5551(a) of title 5, United States Code, is amended 
     in the first sentence by striking ``or elects'' and inserting 
     ``, is transferred to a position described under section 
     6301(2)(xiii) of this title, or elects''.

     SEC. 311. EMPLOYMENT OF PERSONAL ASSISTANTS FOR HANDICAPPED 
                   EMPLOYEES.

       Section 3102(a)(1) of title 5, United States Code, is 
     amended--
       (1) in subparagraph (A) by striking ``and'';
       (2) in subparagraph (B) by adding ``and'' after the 
     semicolon; and
       (3) by adding at the end the following:
       ``(C) an office, agency, or other establishment in the 
     judicial branch;''.

     SEC. 312. MANDATORY RETIREMENT AGE FOR DIRECTOR OF THE 
                   FEDERAL JUDICIAL CENTER.

       (a) In General.--Section 627 of title 28, United States 
     Code, is amended--
       (1) by striking subsection (a); and
       (2) by redesignating subsections (b) through (f) as 
     subsections (a) through (e), respectively.
       (b) Technical and Conforming Amendments.--Section 376 of 
     title 28, United States Code, is amended--
       (1) in paragraph (1)(D) by striking ``subsection (b)'' and 
     inserting ``subsection (a)''; and
       (2) in paragraph (2)(D) by striking ``subsection (c) or 
     (d)'' and inserting ``subsection (b) or (c)''.

     SEC. 313. REAUTHORIZATION OF CERTAIN SUPREME COURT POLICE 
                   AUTHORITY.

       Section 9(c) of the Act entitled ``An Act relating to the 
     policing of the building and grounds of the Supreme Court of 
     the United States'', approved August 18, 1949 (40 U.S.C. 
     13n(c)) is amended in the first sentence by striking ``2000'' 
     and inserting ``2004''.

                   TITLE IV--FEDERAL PUBLIC DEFENDERS

     SEC. 401. TORT CLAIMS ACT AMENDMENT RELATING TO LIABILITY OF 
                   FEDERAL PUBLIC DEFENDERS.

       Section 2671 of title 28, United States Code, is amended in 
     the second undesignated paragraph--
       (1) by inserting ``(1)'' after ``includes''; and
       (2) by striking the period at the end and inserting the 
     following: ``, and (2) any officer or employee of a Federal 
     public defender organization, except when such officer or 
     employee performs professional services in the course of 
     providing representation under section 3006A of title 18.''.

                   TITLE V--MISCELLANEOUS PROVISIONS

     SEC. 501. EXTENSIONS RELATING TO BANKRUPTCY ADMINISTRATOR 
                   PROGRAM.

       Section 302(d)(3) of the Bankruptcy Judges, United States 
     Trustees, and Family Farmer Bankruptcy Act of 1986 (28 U.S.C. 
     581 note) is amended--
       (1) in subparagraph (A), in the matter following clause 
     (ii), by striking ``or October 1, 2002, whichever occurs 
     first''; and
       (2) in subparagraph (F)--
       (A) in clause (i)--
       (i) in subclause (II), by striking ``or October 1, 2002, 
     whichever occurs first''; and
       (ii) in the matter following subclause (II), by striking 
     ``October 1, 2003, or''; and
       (B) in clause (ii), in the matter following subclause 
     (II)--
       (i) by striking ``before October 1, 2003, or''; and
       (ii) by striking ``, whichever occurs first''.

     SEC. 502. ADDITIONAL PLACE OF HOLDING COURT IN THE DISTRICT 
                   OF OREGON.

       Section 117 of title 28, United States Code, is amended by 
     striking ``Eugene'' and inserting ``Eugene or Springfield''.
                                 ______
                                 

          HART-SCOTT-RODINO ANTITRUST IMPROVEMENTS ACT OF 2000

                                 ______
                                 

                 HATCH (AND OTHERS) AMENDMENT NO. 4333

  Mr. SESSIONS (for Mr. Hatch (for himself, Mr. Leahy, Mr. DeWine, and 
Mr. Kohl)) proposed an amendment to the bill (S. 1854) to reform the 
Hart-Scott-Rodino Antitrust Improvements Act of 1976; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``21st Century Acquisition 
     Reform and Improvement Act of 2000''.

     SEC. 2. MODIFICATION OF NOTIFICATION REQUIREMENT.

       Section 7A(a) of the Clayton Act (15 U.S.C. 18a(a)) is 
     amended to read as follows:
       ``(a) Except as exempted pursuant to subsection (c), no 
     person shall acquire, directly or indirectly, any voting 
     securities or assets of any other person, unless both persons 
     (or in the case of a tender offer, the acquiring

[[Page S10835]]

     person) file notification pursuant to rules under subsection 
     (d)(1) and the waiting period described in subsection (b)(1) 
     has expired, if--
       ``(1) the acquiring person, or the person whose voting 
     securities or assets are being acquired, is engaged in 
     commerce or in any activity affecting commerce; and
       ``(2) as a result of such acquisition, the acquiring person 
     would hold an aggregate total amount of the voting securities 
     and assets of the acquired person--
       ``(A) in excess of $200,000,000 (as adjusted and published 
     for the first fiscal year beginning after September 30, 2002, 
     and each third fiscal year thereafter, in the same manner as 
     provided in section 8(a)(5) of this Act to reflect the 
     percentage change in the gross national product for such 
     fiscal year compared to the gross national product for the 
     year ending September 30, 2001); or
       ``(B)(i) in excess of $50,000,000 (as so adjusted and 
     published) but not in excess of $200,000,000 (as so adjusted 
     and published); and
       ``(ii)(I) any voting securities or assets of a person 
     engaged in manufacturing which has annual net sales or total 
     assets of $10,000,000 (as so adjusted and published) or more 
     are being acquired by any person which has total assets or 
     annual net sales of $100,000,000 (as so adjusted and 
     published) or more;
       ``(II) any voting securities or assets of a person not 
     engaged in manufacturing which has total assets of 
     $10,000,000 (as so adjusted and published) or more are being 
     acquired by any person which has total assets or annual net 
     sales of $100,000,000 (as so adjusted and published) or more; 
     or
       ``(III) any voting securities or assets of a person with 
     total assets or annual net sales of $100,000,000 (as so 
     adjusted and published) or more are being acquired by any 
     person with total assets or annual net sales of $10,000,000 
     (as so adjusted and published) or more.

     In the case of a tender offer, the person whose voting 
     securities are sought to be acquired by a person required to 
     file notification under this subsection shall file 
     notification pursuant to rules under subsection (d).''.

     SEC. 3. INFORMATION AND DOCUMENTARY REQUESTS.

       Section 7A(e)(1) of the Clayton Act (15 U.S.C. 18a(e)(1)) 
     is amended--
       (1) by inserting ``(A)'' after ``(1)''; and
       (2) by adding at the end the following:
       ``(B)(i) The Assistant Attorney General and the Federal 
     Trade Commission shall each designate a senior official who 
     does not have direct responsibility for the review of any 
     enforcement recommendation under this section concerning the 
     transaction at issue to hear any petition filed by such 
     person to determine--
       ``(I) whether the request for additional information or 
     documentary material is unreasonably cumulative, unduly 
     burdensome, or duplicative; or
       ``(II) whether the request for additional information or 
     documentary material has been substantially complied with by 
     the petitioning person.
       ``(ii) Internal review procedures for petitions filed 
     pursuant to clause (i) shall include reasonable deadlines for 
     expedited review of such petitions, after reasonable 
     negotiations with investigative staff, in order to avoid 
     undue delay of the merger review process.
       ``(iii) Not later than 90 days after the date of the 
     enactment of the 21st Century Acquisition Reform and 
     Improvement Act of 2000, the Assistant Attorney General and 
     the Federal Trade Commission shall conduct an internal review 
     and implement reforms of the merger review process in order 
     to eliminate unnecessary burden, remove costly duplication, 
     and eliminate undue delay, in order to achieve a more 
     effective and more efficient merger review process.
       ``(iv) Not later than 120 days after the date of the 
     enactment of the 21st Century Acquisition Reform and 
     Improvement Act of 2000, the Assistant Attorney General and 
     the Federal Trade Commission shall issue or amend their 
     respective industry guidance, regulations, operating manuals, 
     and relevant policy documents, to the extent appropriate, to 
     implement each reform in this subparagraph.
       ``(v) Not later than 180 days after the date of the 
     enactment of the 21st Century Acquisition Reform and 
     Improvement Act of 2000, the Assistant Attorney General and 
     the Federal Trade Commission shall each report to Congress--
       ``(I) which reforms each agency has adopted under this 
     subparagraph;
       ``(II) which steps each agency has taken to implement 
     internal reforms under this subparagraph; and
       ``(III) the effects of such reforms.''.

     SEC. 4. CALCULATION OF TIME PERIODS.

       Section 7A of the Clayton Act (15 U.S.C. 18a) is amended--
       (1) in subsection (e)(2), by striking ``20 days'' and 
     inserting ``30 days''; and
       (2) by adding at the end the following:
       ``(k) If the end of any period of time provided in this 
     section falls on a Saturday, Sunday, or legal public holiday 
     (as defined in section 6103(a) of title 5, United States 
     Code), then such period shall be extended to the end of the 
     next day that is not a Saturday, Sunday, or legal public 
     holiday.''.

     SEC. 5. ADDITIONAL REQUIREMENTS FOR ANNUAL
                   REPORTS.

       Section 7A(j) of the Clayton Act (15 U.S.C. 18a(j)) is 
     amended--
       (1) by inserting ``(1)'' after ``(j)''; and
       (2) by adding at the end the following:
       ``(2) Beginning with the report filed in 2001, the Federal 
     Trade Commission, in consultation with the Assistant Attorney 
     General, shall include in the report to Congress required by 
     this subsection--
       ``(A) the number of notifications filed under this section;
       ``(B) the number of notifications filed in which the 
     Assistant Attorney General or Federal Trade Commission 
     requested the submission of additional information or 
     documentary material relevant to the proposed acquisition;
       ``(C) data relating to the length of time for parties to 
     comply with requests for the submission of additional 
     information or documentary material relevant to the proposed 
     acquisition;
       ``(D) the number of petitions filed pursuant to rules and 
     regulations promulgated under this Act regarding a request 
     for the submission of additional information or documentary 
     material relevant to the proposed acquisition and the manner 
     in which such petitions were resolved;
       ``(E) data relating to the volume (in number of boxes or 
     pages) of materials submitted pursuant to requests for 
     additional information or documentary material; and
       ``(F) the number of notifications filed in which a request 
     for additional information or documentary materials was made 
     but never complied with prior to resolution of the case.''.

     SEC. 6. CONFORMING AMENDMENTS TO CERTAIN REGULATIONS.

       (a) In General.--The thresholds established by rule and 
     promulgated as 16 C.F.R. 802.20 shall be adjusted by the 
     Federal Trade Commission on January 1, 2003, and each third 
     year thereafter, in the same manner as is set forth in 
     section 8(a)(5) of the Clayton Act (15 U.S.C. 19(a)(5)). The 
     adjusted amount shall be rounded to the nearest $1,000,000.
       (b) Publication.--As soon as practicable, but not later 
     than January 31, 2003, and each third year thereafter, the 
     Federal Trade Commission shall publish the adjusted amount 
     required by this subsection (a).

     SEC. 7. EFFECTIVE DATE.

       This Act, and the amendments made by this Act, shall take 
     effect on the first day of the first month that begins more 
     than 30 days after the date of the enactment of this Act.

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