[Congressional Record Volume 148, Number 118 (Wednesday, September 18, 2002)]
[Senate]
[Page S8711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  DEPARTMENT OF THE INTERIOR AND RELATED AGENCIES APPROPRIATIONS ACT, 
                            2003--Continued

  The PRESIDING OFFICER. The Senate will now continue with the 
Department of the Interior appropriations bill.
  The pending Craig amendment will be temporarily set aside.
  The Senator from California is recognized.


                Amendment No. 4573 to Amendment No. 4472

  Mrs. BOXER. Madam President, I send an amendment to the desk. It has 
been cleared on both sides.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from California [Mrs. Boxer], for herself, Mr. 
     Inouye, and Mr. Campbell, proposes an amendment numbered 4573 
     to amendment No. 4472.

  The amendment is as follows:

  (Purpose: To prohibit the use of funds to determine the validity of 
 mining claims of, or to approve the plan of operations submitted by, 
 the Glamis Imperial Corporation for the Imperial project in the State 
                             of California)

       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. IMPERIAL PROJECT.

       Notwithstanding any other provision of law, none of the 
     funds provided by this Act or under any other Act may be used 
     by the Secretary of the Interior to determine the validity of 
     mining claims of, or to approve the plan of operations 
     submitted by, the Glamis Imperial Corporation for the 
     Imperial project, an open-pit gold mine located on public 
     land administered by the Bureau of Land Management in 
     Imperial County, California.
  Mrs. BOXER. This amendment would prohibit the use of funds to 
determine the validity of mining claims of, or to approve the plan of 
operations submitted by, the Glamis Imperial Corporation for the 
Imperial project in California. It has been cleared by the leaders, and 
I thank them very much. I ask that the Senate adopt it at this time.
  I yield the floor.
  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 4573) was agreed to.
  Mr. BURNS. Madam President, I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.


                Amendment No. 4574 To Amendment No. 4472

  Mr. BURNS. Madam President, I send to the desk an amendment for Mr. 
Brownback of Kansas and ask for its consideration.
  The PRESIDING OFFICER. Without objection, the pending amendment is 
set aside. The clerk will report the amendment.
  The legislative clerk read as follows:

       The Senator from Montana [Mr. BURNS], for Mr. Brownback, 
     proposes an amendment numbered 4574 to amendment No. 4472.

  The amendment is as follows:

     (Purpose: To clarify the effect of certain provisions on the 
  application of a Federal appellate decision and the use of certain 
                              Indian land)

       On page 64, between lines 15 and 16, insert the following:

     SEC. 1__. EFFECT OF CERTAIN PROVISIONS ON DECISION AND INDIAN 
                   LAND.

       (a) In General.--Nothing in section 134 of the Department 
     of the Interior and Related Agencies Appropriations Act, 2002 
     (115 Stat. 443) affects the decision of the United States 
     Court of Appeals for the 10th Circuit in Sac and Fox Nation 
     v. Norton, 240 F.3d 1250 (2001).
       (b) Use of Certain Indian Land.--Nothing in this section 
     permits the conduct of gaming under the Indian Gaming 
     Regulatory Act (25 U.S.C. 2701 et seq.) on land described in 
     section 123 of the Department of the Interior and Related 
     Agencies Appropriations Act, 2001 (114 Stat. 944), or land 
     that is contiguous to that land, regardless of whether the 
     land or contiguous land has been taken into trust by the 
     Secretary of the Interior.
  Mr. BURNS. Madam President, this amendment provides that nothing in 
section 134 of the fiscal year 2002 Interior bill shall impact ongoing 
litigation involving the Department of the Interior and the Sac and Fox 
Nation. This language has previously been passed by the Senate and 
addresses the inadvertent impact of language adopted in conference on 
the fiscal year 2002 bill. I recommend its adoption.
  Mr. REID. There is no objection on this side.
  The PRESIDING OFFICER. If there is no further debate, without 
objection, the amendment is agreed to.
  The amendment (No. 4574) was agreed to.
  Mr. BURNS. I move to reconsider the vote.
  Mrs. BOXER. I move to lay that motion on the table.
  The motion to lay on the table was agreed to.
  The PRESIDING OFFICER. The Senator from Nevada.
  Mr. REID. Madam President, I ask that now we move to morning 
business.
  Mr. BURNS. Madam President, I ask unanimous consent that on 
completion of morning business, the Craig amendment be the pending 
business when we reopen discussions on the appropriations bill.
  Mr. REID. Reserving the right to object, would that be the order 
anyway?
  The PRESIDING OFFICER. That is the order.
  Mr. BURNS. I did not know.

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