[Congressional Record Volume 146, Number 137 (Friday, October 27, 2000)]
[Senate]
[Pages S11258-S11262]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

                                 ______
                                 

              LAKE TAHOE BASIN MANAGEMENT UNIT LEGISLATION

                                 ______
                                 

           MURKOWSKI (AND BINGAMAN) AMENDMENTS NOS. 4350-4351

  Mr. HATCH (for Mr. Murkowski (for himself and Mr. Bingaman)) proposed 
two amendments to the bill (S. 2751) to direct the Secretary of 
Agriculture to convey certain land in the Lake Tahoe Basin Management 
Unit, Nevada, to the Secretary of the Interior, in trust for the Washoe 
Indian Tribe of Nevada and California; as follows:

                           Amendment No. 4350

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Washoe Indian Tribe Land 
     Conveyance Act of 2000''.

     SEC. 2. 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.
                                  ____


                           Amendment No. 4351

       Strike all after the enacting clause and insert the 
     following:

   TITLE I--ADDITION OF CAT ISLAND TO GULF ISLANDS NATIONAL SEASHORE

     SECTION 101. 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, 
     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

[[Page S11259]]

       (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 II--PECOS NATIONAL HISTORICAL PARK LAND EXCHANGE

     SECTION 201. SHORT TITLE.

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

     SEC. 202. 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. 203. 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 
     title, the exchange of lands and interests pursuant to this 
     title 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 title 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 with 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 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. 204. 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 203 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 203, the Secretaries shall 
     transmit the map accurately depicting the lands and interests 
     conveyed 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.
                                 ______
                                 

 LOWER RIO GRANDE VALLEY WATER RESOURCES CONSERVATION AND IMPROVEMENT 
                              ACT OF 1999

                                 ______
                                 

                      MURKOWSKI AMENDMENT NO. 4352

  Mr. HATCH (for Mr. Murkowski) proposed an amendment to the bill (S. 
1761) to direct the Secretary of the Interior, through the Bureau of 
Reclamation, to conserve and enhance the water supplies of the Lower 
Rio Grande Valley; as follows:


[[Page S11260]]


       Strike all after the enacting clause and insert:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Lower Rio Grande Valley 
     Water Resources Conservation and Improvement Act of 2000''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) State.--The term ``State'' means the Texas Water 
     Development Board and any other authorized entity of the 
     State of Texas.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior, acting through the Commissioner.
       (3) Commissioner.--The term ``Commissioner'' means the 
     Commissioner of the Bureau of Reclamation.
       (4) Counties.--The term ``counties'' means the counties in 
     the state of Texas in the Rio Grande Regional Water Planning 
     Area known as Region ``M'' as designated by the Texas Water 
     Development Board and the counties of Hudspeth and El Paso, 
     Texas.

     SEC. 3. FINDINGS.

       The Congress finds the following:
       (a) Drought conditions over the last decade have made 
     citizens of the Lower Rio Grande Valley region of Texas aware 
     of the significant impacts a dwindling water supply can have 
     on a region.
       (b) As a result of the impacts, that region has devised an 
     integral water resource plan to meet the critical water needs 
     of the Lower Rio Grande Valley through the end of the year 
     2050.
       (c) Implementation of an integrated water resource plan to 
     meet the critical water needs of the Lower Rio Grande Valley 
     is in the national interest.
       (d) The Congress should authorize and provide Federal 
     technical and financial assistance to construct improved 
     irrigation canal delivery systems to help meet the critical 
     water needs of the Lower Rio Grande Valley through the end of 
     the year 2050.

     SEC. 4. LOWER RIO GRANDE WATER CONSERVATION AND IMPROVEMENT 
                   PROGRAM.

       (a) The Secretary is authorized to undertake a program to 
     improve the supply of water for the counties as provided in 
     this Act.
       (b) In cooperation with the State, water users in the 
     counties, and other non-Federal entities, the Secretary shall 
     conduct feasibility studies for the purpose of conserving and 
     transporting raw water, including the following:
       (1) Irrigation canals;
       (2) Pipelines;
       (3) Flow control structures;
       (4) Meters; and
       (5) All associated appurtenances.
       (c) If the Secretary determines that the following projects 
     satisfy the eligibility criteria in subsection (d)(1)-(3), 
     the Secretary, in cooperation with the State, water users in 
     the counties, and other non-Federal entities, is authorized 
     to conduct engineering work, infrastructure construction and 
     improvements for the purpose of conserving and transporting 
     raw water through the following projects:
       (1) in the Hidalgo County, Texas Irrigation District #1, a 
     pipeline project identified in the Melden & Hunt, Inc. 
     engineering study dated July 6, 2000 as the Curry Main 
     Pipeline Project;
       (2) in the Cameron County, Texas La Feria Irrigation 
     District #3, a distribution system improvement project 
     identified by the 1993 engineering study by Sigler, Winston, 
     Greenwood and Associates, Inc.;
       (3) in the Cameron County, Texas Irrigation District #2 
     canal rehabilitation and pumping plant replacement as 
     identified as Job Number 48-05540-002 in a report by Turner 
     Collie & Braden, Inc. dated August 12, 1998, and
       (4) in the Harlingen Irrigation District Cameron #1 
     Irrigation District a project of meter installation and canal 
     lining as identified in a proposal submitted to the Texas 
     Water Development Board dated April 28, 2000.
       (d) Project Eligibility.--Within six months after the date 
     of enactment of this Act, the Secretary, in consultation with 
     the State, shall develop criteria for determining eligible 
     projects under this Act. Such criteria shall include, but 
     need not be limited to the following requirements:
       (1) the project plan includes an engineer's estimate of the 
     amount of water to be conserved;
       (2) the design for the project includes a cost of project 
     to water saved ratio; and
       (3) there is a cost sharing agreement in place between all 
     relevant parties delineating the proportionate share of costs 
     to be paid on an annual basis.

     Within one year of the date a project is submitted to the 
     Secretary for approval, the Secretary shall determine whether 
     the project meets the criteria established pursuant to this 
     section.

     SEC. 5. COST SHARING.

       The non-Federal share of the costs of any activity carried 
     out under, or with assistance provided under, this Act shall 
     be 50 percent. Not more than 40 percent of the costs of such 
     an activity may be paid by the State and the remainder of the 
     non-Federal share may include in-kind contributions of goods 
     and services, and funds previously spent on feasibility and 
     engineering studies.

     SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary to 
     carry out this Act such sums as may be necessary; but not to 
     exceed $7,500,000 for the purposes of section 4(c).
                                 ______
                                 

     CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION ACT

                                 ______
                                 

                       COCHRAN AMENDMENT NO. 4353

  Mr. HATCH (for Mr. Cochran) proposed an amendment to the bill (S. 
2789) to amend the Congressional Award Act to establish a Congressional 
Recognition for Excellence in Arts Education Board; as follows:

       Strike all after the enacting clause, and insert the 
     following:

     SECTION 1. CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS 
                   EDUCATION.

       (a) In General.--The Congressional Award Act (2 U.S.C. 801-
     808) is amended by adding at the end the following:

 ``TITLE II--CONGRESSIONAL RECOGNITION FOR EXCELLENCE IN ARTS EDUCATION

     ``SEC. 201. SHORT TITLE.

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

     ``SEC. 202. FINDINGS.

       ``Congress makes the following findings:
       ``(1) Arts literacy is a fundamental purpose of schooling 
     for all students.
       ``(2) Arts education stimulates, develops, and refines many 
     cognitive and creative skills, critical thinking and 
     nimbleness in judgment, creativity and imagination, 
     cooperative decisionmaking, leadership, high-level literacy 
     and communication, and the capacity for problem-posing and 
     problem-solving.
       ``(3) Arts education contributes significantly to the 
     creation of flexible, adaptable, and knowledgeable workers 
     who will be needed in the 21st century economy.
       ``(4) Arts education improves teaching and learning.
       ``(5) Where parents and families, artists, arts 
     organizations, businesses, local civic and cultural leaders, 
     and institutions are actively engaged in instructional 
     programs, arts education is more successful.
       ``(6) Effective teachers of the arts should be encouraged 
     to continue to learn and grow in mastery of their art form as 
     well as in their teaching competence.
       ``(7) The 1999 study, entitled `Gaining the Arts Advantage: 
     Lessons from School Districts that Value Arts Education', 
     found that the literacy, education, programs, learning and 
     growth described in paragraphs (1) through (6) contribute to 
     successful districtwide arts education.
       ``(8) Despite all of the literacy, education, programs, 
     learning and growth findings described in paragraphs (1) 
     through (6), the 1997 National Assessment of Educational 
     Progress reported that students lack sufficient opportunity 
     for participatory learning in the arts.
       ``(9) The Arts Education Partnership, a coalition of 
     national and State education, arts, business, and civic 
     groups, is an excellent example of one organization that has 
     demonstrated its effectiveness in addressing the purposes 
     described in section 205(a) and the capacity and credibility 
     to administer arts education programs of national 
     significance.

     ``SEC. 203. DEFINITIONS.

       ``In this title:
       ``(1) Arts education partnership.--The term `Arts Education 
     Partnership' means a private, nonprofit coalition of 
     education, arts, business, philanthropic, and government 
     organizations that demonstrates and promotes the essential 
     role of arts education in enabling all students to succeed in 
     school, life, and work, and was formed in 1995.
       ``(2) Board.--The term `Board' means the Congressional 
     Recognition for Excellence in Arts Education Awards Board 
     established under section 204.
       ``(3) Elementary school; secondary school.--The terms 
     `elementary school' and `secondary school' mean--
       ``(A) a public or private elementary school or secondary 
     school (as the case may be), as defined in section 14101 of 
     the Elementary and Secondary Education Act of 1965 (20 U.S.C. 
     8801); or
       ``(B) a bureau funded school as defined in section 1146 of 
     the Education Amendments of 1978 (25 U.S.C. 2026).
       ``(4) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of Puerto Rico, Guam, American Samoa, the United 
     States Virgin Islands, the Commonwealth of the Northern 
     Mariana Islands, the Republic of the Marshall Islands, the 
     Federated States of Micronesia, and the Republic of Palau.

     ``SEC. 204. ESTABLISHMENT OF BOARD.

       ``There is established within the legislative branch of the 
     Federal Government a Congressional Recognition for Excellence 
     in Arts Education Awards Board. The Board shall be 
     responsible for administering the awards program described in 
     section 205.

     ``SEC. 205. BOARD DUTIES.

       ``(a) Awards Program Established.--The Board shall 
     establish and administer an awards program to be known as the 
     `Congressional Recognition for Excellence in Arts Education 
     Awards Program'. The purpose of the program shall be to--
       ``(1) celebrate the positive impact and public benefits of 
     the arts;
       ``(2) encourage all elementary schools and secondary 
     schools to integrate the arts into the school curriculum;

[[Page S11261]]

       ``(3) spotlight the most compelling evidence of the 
     relationship between the arts and student learning;
       ``(4) demonstrate how community involvement in the creation 
     and implementation of arts policies enriches the schools;
       ``(5) recognize school administrators and faculty who 
     provide quality arts education to students;
       ``(6) acknowledge schools that provide professional 
     development opportunities for their teachers;
       ``(7) create opportunities for students to experience the 
     relationship between early participation in the arts and 
     developing the life skills necessary for future personal and 
     professional success;
       ``(8) increase, encourage, and ensure comprehensive, 
     sequential arts learning for all students; and
       ``(9) expand student access to arts education in schools in 
     every community.
       ``(b) Duties.--
       ``(1) School awards.--The Board shall--
       ``(A) make annual awards to elementary schools and 
     secondary schools in the States in accordance with criteria 
     established under subparagraph (B), which awards--
       ``(i) shall be of such design and materials as the Board 
     may determine, including a well-designed certificate or a 
     work of art, designed for the awards event by an appropriate 
     artist; and
       ``(ii) shall be reflective of the dignity of Congress;
       ``(B) establish criteria required for a school to receive 
     the award, and establish such procedures as may be necessary 
     to verify that the school meets the criteria, which criteria 
     shall include criteria requiring--
       ``(i) that the school--

       ``(I) provides comprehensive, sequential arts learning; and
       ``(II) integrates the arts throughout the curriculum in 
     subjects other than the arts; and

       ``(ii) 3 of the following:

       ``(I) that the community serving the school is actively 
     involved in shaping and implementing the arts policies and 
     programs of the school;
       ``(II) that the school principal supports the policy of 
     arts education for all students;
       ``(III) that arts teachers in the school are encouraged to 
     learn and grow in mastery of their art form as well as in 
     their teaching competence;
       ``(IV) that the school actively encourages the use of arts 
     assessment techniques for improving student, teacher, and 
     administrative performance; and
       ``(V) that school leaders engage the total school community 
     in arts activities that create a climate of support for arts 
     education; and

       ``(C) include, in the procedures necessary for verification 
     that a school meets the criteria described in subparagraph 
     (B), written evidence of the specific criteria, and 
     supporting documentation, that includes--
       ``(i) 3 letters of support for the school from community 
     members, which may include a letter from--

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

       ``(ii) the completed application for the award signed by 
     the principal or other education leader such as a school 
     district arts coordinator, school board member, or school 
     superintendent;
       ``(D) determine appropriate methods for disseminating 
     information about the program and make application forms 
     available to schools;
       ``(E) delineate such roles as the Board considers to be 
     appropriate for the Director in administering the program, 
     and set forth in the bylaws of the Board the duties, salary, 
     and benefits of the Director;
       ``(F) raise funds for the operation of the program;
       ``(G) determine, and inform Congress regarding, the 
     national readiness for interdisciplinary individual student 
     awards described in paragraph (2), on the basis of the 
     framework established in the 1997 National Assessment of 
     Educational Progress and such other criteria as the Board 
     determines appropriate; and
       ``(H) take such other actions as may be appropriate for the 
     administration of the Congressional Recognition for 
     Excellence in Arts Education Awards Program.
       ``(2) Student awards.--
       ``(A) In general.--At such time as the Board determines 
     appropriate, the Board--
       ``(i) shall make annual awards to elementary school and 
     secondary school students for individual interdisciplinary 
     arts achievement; and
       ``(ii) establish criteria for the making of the awards.
       ``(B) Award model.--The Board may use as a model for the 
     awards the Congressional Award Program and the President's 
     Physical Fitness Award Program.
       ``(c) Presentation.--The Board shall arrange for the 
     presentation of awards under this section to the recipients 
     and shall provide for participation by Members of Congress in 
     such presentation, when appropriate.
       ``(d) Date of Announcement.--The Board shall determine an 
     appropriate date or dates for announcement of the awards 
     under this section, which date shall coincide with a National 
     Arts Education Month or a similarly designated day, week or 
     month, if such designation exists.
       ``(e) Report.--
       ``(1) In general.--The Board shall prepare and submit an 
     annual report to Congress not later than March 1 of each year 
     summarizing the activities of the Congressional Recognition 
     for Excellence in Arts Education Awards Program during the 
     previous year and making appropriate recommendations for the 
     program. Any minority views and recommendations of members of 
     the Board shall be included in such reports.
       ``(2) Contents.--The annual report shall contain the 
     following:
       ``(A) Specific information regarding the methods used to 
     raise funds for the Congressional Recognition for Excellence 
     in Arts Education Awards Program and a list of the sources of 
     all money raised by the Board.
       ``(B) Detailed information regarding the expenditures made 
     by the Board, including the percentage of funds that are used 
     for administrative expenses.
       ``(C) A description of the programs formulated by the 
     Director under section 207(b)(1), including an explanation of 
     the operation of such programs and a list of the sponsors of 
     the programs.
       ``(D) A detailed list of the administrative expenditures 
     made by the Board, including the amounts expended for 
     salaries, travel expenses, and reimbursed expenses.
       ``(E) A list of schools given awards under the program, and 
     the city, town, or county, and State in which the school is 
     located.
       ``(F) An evaluation of the state of arts education in 
     schools, which may include anecdotal evidence of the effect 
     of the Congressional Recognition for Excellence in Arts 
     Education Awards Program on individual school curriculum.
       ``(G) On the basis of the findings described in section 202 
     and the purposes of the Congressional Recognition for 
     Excellence in Arts Education Awards Program described in 
     section 205(a), a recommendation regarding the national 
     readiness to make individual student awards under subsection 
     (b)(2).

     ``SEC. 206. COMPOSITION OF BOARD; ADVISORY BOARD.

       ``(a) Composition.--
       ``(1) In general.--The Board shall consist of 9 members as 
     follows:
       ``(A) 2 Members of the Senate appointed by the Majority 
     Leader of the Senate.
       ``(B) 2 Members of the Senate appointed by the Minority 
     Leader of the Senate.
       ``(C) 2 Members of the House of Representatives appointed 
     by the Speaker of the House of Representatives.
       ``(D) 2 Members of the House of Representatives appointed 
     by the Minority Leader of the House of Representatives.
       ``(E) The Director of the Board, who shall serve as a 
     nonvoting member.
       ``(2) Advisory board.--There is established an Advisory 
     Board to assist and advise the Board with respect to its 
     duties under this title, that shall consist of 15 members 
     appointed--
       ``(A) in the case of the initial such members of the 
     Advisory Board, by the leaders of the Senate and House of 
     Representatives making the appointments under paragraph (1), 
     from recommendations received from organizations and entities 
     involved in the arts such as businesses, civic and cultural 
     organizations, and the Arts Education Partnership steering 
     committee; and
       ``(B) in the case of any other such members of the Advisory 
     Board, by the Board.
       ``(3) Special rule for advisory board.--In making 
     appointments to the Advisory Board, the individuals and 
     entity making the appointments under paragraph (2) shall 
     consider recommendations submitted by any interested party, 
     including any member of the Board.
       ``(4) Interest.--
       ``(A) In general.--Members of Congress appointed to the 
     Board shall have an interest in 1 of the purposes described 
     in section 205(a).
       ``(B) Diversity.--The membership of the Advisory Board 
     shall represent a balance of artistic and education 
     professionals, including at least 1 representative who 
     teaches in each of the following disciplines:
       ``(i) Music.
       ``(ii) Theater.
       ``(iii) Visual Arts.
       ``(iv) Dance.
       ``(b) Terms.--
       ``(1) Board.--Members of the Board shall serve for terms of 
     6 years, except that of the members first appointed--
       ``(A) 1 Member of the House of Representatives and 1 Member 
     of the Senate shall serve for terms of 2 years;
       ``(B) 1 Member of the House of Representatives and 1 Member 
     of the Senate shall serve for terms of 4 years; and
       ``(C) 2 Members of the House of Representatives and 2 
     Members of the Senate shall serve for terms of 6 years,

     as determined by lot when all such members have been 
     appointed.
       ``(2) Advisory board.--Members of the Advisory Board shall 
     serve for terms of 6 years, except that of the members first 
     appointed, 3 shall serve for terms of 2 years, 4 shall serve 
     for terms of 4 years, and 8 shall serve for terms of 6 years, 
     as determined by lot when all such members have been 
     appointed.
       ``(c) Vacancy.--
       ``(1) In general.--Any vacancy in the membership of the 
     Board or Advisory Board shall be filled in the same manner in 
     which the original appointment was made.

[[Page S11262]]

       ``(2) Term.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of such term.
       ``(3) Extension.--Any appointed member of the Board or 
     Advisory Board may continue to serve after the expiration of 
     the member's term until the member's successor has taken 
     office.
       ``(4) Special rule.--Vacancies in the membership of the 
     Board shall not affect the Board's power to function if there 
     remain sufficient members of the Board to constitute a quorum 
     under subsection (d).
       ``(d) Quorum.--A majority of the members of the Board shall 
     constitute a quorum.
       ``(e) Compensation.--Members of the Board and Advisory 
     Board shall serve without pay but may be compensated, from 
     amounts in the trust fund, for reasonable travel expenses 
     incurred by the members in the performance of their duties as 
     members of the Board.
       ``(f) Meetings.--The Board shall meet annually at the call 
     of the Chairperson and at such other times as the Chairperson 
     may determine to be appropriate. The Chairperson shall call a 
     meeting of the Board whenever \1/3\ of the members of the 
     Board submit written requests for such a meeting.
       ``(g) Officers.--The Chairperson and the Vice Chairperson 
     of the Board shall be elected from among the members of the 
     Board, by a majority vote of the members of the Board, for 
     such terms as the Board determines. The Vice Chairperson 
     shall perform the duties of the Chairperson in the absence of 
     the Chairperson.
       ``(h) Committees.--
       ``(1) In general.--The Board may appoint such committees, 
     and assign to the committees such functions, as may be 
     appropriate to assist the Board in carrying out its duties 
     under this title. Members of such committees may include the 
     members of the Board or the Advisory Board.
       ``(2) Special rule.--Any employee or officer of the Federal 
     Government may serve as a member of a committee created by 
     the Board, but may not receive compensation for services 
     performed for such a committee.
       ``(i) Bylaws and Other Requirements.--The Board shall 
     establish such bylaws and other requirements as may be 
     appropriate to enable the Board to carry out the Board's 
     duties under this title.

     ``SEC. 207. ADMINISTRATION.

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

     ``SEC. 208. LIMITATIONS.

       ``(a) In General.--Subject to such limitations as may be 
     provided for under this section, the Board may take such 
     actions and make such expenditures as may be necessary to 
     carry out the Congressional Recognition for Excellence in 
     Arts Education Awards Program, except that the Board shall 
     carry out its functions and make expenditures with only such 
     resources as are available to the Board from the 
     Congressional Recognition for Excellence in Arts Education 
     Awards Trust Fund under section 211.
       ``(b) Contracts.--The Board may enter into such contracts 
     as may be appropriate to carry out the business of the Board, 
     but the Board may not enter into any contract which will 
     obligate the Board to expend an amount greater than the 
     amount available to the Board for the purpose of such 
     contract during the fiscal year in which the expenditure 
     is made.
       ``(c) Gifts.--The Board may seek and accept, from sources 
     other than the Federal Government, funds and other resources 
     to carry out the Board's activities. The Board may not accept 
     any funds or other resources that are--
       ``(1) donated with a restriction on their use unless such 
     restriction merely provides that such funds or other 
     resources be used in furtherance of the Congressional 
     Recognition for Excellence in Arts Education Awards Program; 
     or
       ``(2) donated subject to the condition that the identity of 
     the donor of the funds or resources shall remain anonymous.
       ``(d) Volunteers.--The Board may accept and utilize the 
     services of voluntary, uncompensated personnel.
       ``(e) Real or Personal Property.--The Board may lease (or 
     otherwise hold), acquire, or dispose of real or personal 
     property necessary for, or relating to, the duties of the 
     Board.
       ``(f) Prohibitions.--The Board shall have no power--
       ``(1) to issue bonds, notes, debentures, or other similar 
     obligations creating long-term indebtedness;
       ``(2) to issue any share of stock or to declare or pay any 
     dividends; or
       ``(3) to provide for any part of the income or assets of 
     the Board to inure to the benefit of any director, officer, 
     or employee of the Board except as reasonable compensation 
     for services or reimbursement for expenses.

     ``SEC. 209. AUDITS.

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

     ``SEC. 210. TERMINATION.

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

     ``SEC. 211. TRUST FUND.

       ``(a) Establishment of Fund.--There shall be established in 
     the Treasury of the United States a trust fund which shall be 
     known as the ``Congressional Recognition for Excellence in 
     Arts Education Awards Trust Fund''. The fund shall be 
     administered by the Board, and shall consist of amounts 
     donated to the Board under section 208(c) and amounts 
     credited to the fund under subsection (d).
       ``(b) Investment.--
       ``(1) In general.--It shall be the duty of the Secretary of 
     the Treasury to invest, at the direction of the Director of 
     the Board, such portion of the fund that is not, in the 
     judgment of the Director of the Board, required to meet the 
     current needs of the fund.
       ``(2) Authorized investments.--Such investments shall be in 
     public debt obligations with maturities suitable to the needs 
     of the fund, as determined by the Director of the Board. 
     Investments in public debt obligations shall bear interest at 
     rates determined by the Secretary of the Treasury taking into 
     consideration the current market yield on outstanding 
     marketable obligations of the United States of comparable 
     maturity.
       ``(c) Authority To Sell Obligations.--Any obligation 
     acquired by the fund may be sold by the Secretary of the 
     Treasury at the market price.
       ``(d) Proceeds From Certain Transactions Credited to 
     Fund.--The interest on, and the proceeds from the sale or 
     redemption of, any obligations held in the fund shall be 
     credited to and form a part of the fund.''.
       (b) Conforming Amendments.--The Congressional Award Act (2 
     U.S.C. 801-808) is amended--
       (1) by inserting after section 1 the following:

               ``TITLE I--CONGRESSIONAL AWARD PROGRAM'',

       (2) by redesignating sections 2 through 9 as sections 101 
     through 108, respectively,
       (3) in section 101 (as so redesignated)--
       (A) by striking ``Act'' and inserting ``title'', and
       (B) by striking ``section 3'' and inserting ``section 
     102'',
       (4) in section 102(e) (as so redesignated)--
       (A) by striking ``section 5(g)(1)'' and inserting ``section 
     104(g)(1)'', and
       (B) by striking ``section 7(g)(1)'' and inserting ``section 
     106(g)(1)'', and
       (5) in section 103(i), by striking ``section 7'' and 
     inserting ``section 106''.
  The PRESIDING OFFICER. The Senator from Idaho is recognized.

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