[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Pages S11636-S11637]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         MOCCASIN BEND NATIONAL HISTORIC SITE ESTABLISHMENT ACT

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to the consideration of Calendar No. 674, H.R. 980.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (H.R. 980) to establish the Moccasin Bend National 
     Historic Site in the State of Tennessee as a unit of the 
     National Park System.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Energy and Natural 
resources, with an amendment to strike all after the enacting clause 
and inserting in lieu thereof the following:

  [Strike the part shown in black brackets and insert the part shown in 
italic.]

                                H.R. 980

     [SECTION 1. SHORT TITLE.

       [This Act may be cited as the ``Moccasin Bend National 
     Historic Site Establishment Act''.

     [SEC. 2. DEFINITIONS.

       [For the purposes of this Act the following definitions 
     apply:
       [(1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       [(2) Historic site.--The term ``historic site'' means the 
     Moccasin Bend National Historic Site.
       [(3) State.--The term ``State'' means the State of 
     Tennessee.
       [(4) Map.--The term ``Map'' means the map entitled 
     ``Boundary Map, Moccasin Bend National Historic Site'', 
     numbered NAMB/80000A, and dated September 2001.

     [SEC. 3. ESTABLISHMENT.

       [(a) In General.--In order to preserve, protect, and 
     interpret for the benefit of the public the nationally 
     significant archeological and historic resources located on 
     the peninsula known as Moccasin Bend, Tennessee, there is 
     established as a unit of the National Park System the 
     Moccasin Bend National Historic Site.
       [(b) Boundaries.--The historic site shall consist of 
     approximately 900 acres generally depicted on the Map. The 
     Map shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service, 
     Department of the Interior. The Secretary may make minor 
     revisions in the boundaries of the historic site in 
     accordance with section 7(c) of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9(c)).
       [(c) Acquisition of Land and Interests in Land.--
       [(1) In general.--The Secretary may acquire by donation or 
     purchase from willing sellers, using donated or appropriated 
     funds, lands and interests in lands within the exterior 
     boundary of the historic site.
       [(2) Moccasin bend mental health institute.--
     Notwithstanding paragraph (1), the Secretary may acquire the 
     State-owned land and interests in land (including structures 
     on that land) known as the Moccasin Bend Mental Health 
     Institute for inclusion in the historic site only by donation 
     and only after the facility is no longer used to provide 
     health care services, except that the Secretary may acquire 
     by donation only, at any time, any such State-owned land or 
     interests in land that the State determines is excess to the 
     needs of the Moccasin Bend Mental Health Institute. The 
     Secretary may work with the State through a cost sharing 
     arrangement for the purpose of demolishing the structures 
     located on that land that the Secretary determines should be 
     demolished.
       [(3) Easement outside boundary.--To allow access between 
     areas of the historic site that on the date of the enactment 
     of this Act are noncontiguous, the Secretary may acquire by 
     donation or purchase from willing owners, using donated or 
     appropriated funds, an easement connecting the areas 
     generally depicted on the Map as the ``Moccasin Bend 
     Archeological National Historic Landmark'' and the ``Rock-
     Tenn'' property.
       [(d) Moccasin Bend Golf Course.--On the date of the 
     enactment of this Act, the boundary of the historic site 
     shall not include the approximately 157 acres of land 
     generally depicted on the Map as the ``Golf Course'' as such 
     lands shall not be within the boundary of the historic site. 
     In the event that those lands are no longer used as a public 
     golf course, the Secretary may acquire the lands for 
     inclusion in the historic site by donation only. Upon such 
     acquisition, the Secretary shall adjust the boundary of the 
     historic site to include the newly acquired lands.
       [(e) Radio Tower Property.--On the date of the enactment of 
     this Act, the boundary of the historic site shall not include 
     the approximately 13 acres of land generally depicted on the 
     Map as ``WDEF''. In the event that those lands are no longer 
     used as a location from which to transmit radio signals, the 
     Secretary may acquire the lands for inclusion in the historic 
     site by donation or purchase from willing sellers with 
     appropriated or donated funds. Upon such acquisition, the 
     Secretary shall adjust the boundary of the historic site to 
     include the newly acquired lands.

     [SEC. 4. ADMINISTRATION.

       [(a) In General.--The historic site shall be administered 
     by the Secretary in accordance with this Act and with the 
     laws generally applicable to units of the National Park 
     System.
       [(b) Cooperative Agreement.--The Secretary may consult and 
     enter into cooperative agreements with culturally affiliated

[[Page S11637]]

     federally recognized Indian tribes, governmental entities, 
     and interested persons to provide for the restoration, 
     preservation, development, interpretation, and use of the 
     historic site.
       [(c) Visitor Interpretive Center.--For purposes of 
     interpreting the historical themes and cultural resources of 
     the historic site, the Secretary may establish and administer 
     a visitor center in the development of the center's operation 
     and interpretive programs.
       [(d) General Management Plan.--Not later than three years 
     after funds are made available for this purpose, the 
     Secretary shall develop and submit to the Committee on Energy 
     and Natural Resources of the Senate and the Committee on 
     Resources of the House of Representatives a general 
     management plan for the historic site. The general management 
     plan shall describe the appropriate protection and 
     preservation of natural, cultural, and scenic resources, 
     visitor use, and facility development within the historic 
     area consistent with the purposes of this Act, while ensuring 
     continued access to private landowners to their property.

     [SEC. 5. REPEAL OF PREVIOUS ACQUISITION AUTHORITY.

       [The Act of August 3, 1950 (Chapter 532; 16 U.S.C. 424a-4) 
     is repealed.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Moccasin Bend National 
     Archeological District Act''.

     SEC. 2. DEFINITIONS.

       As used in this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Archeological district.--The term ``archeological 
     district'' means the Moccasin Bend National Archeological 
     District.
       (3) State.--The term ``State'' means the State of 
     Tennessee.
       (4) Map.--The term ``Map'' means the map entitled 
     ``Boundary Map, Moccasin Bend National Archeological 
     District'', numbered 301/80098, and dated September 2002.

     SEC. 3. ESTABLISHMENT.

       (a) In General.--In order to preserve, protect, and 
     interpret for the benefit of the public the nationally 
     significant archeological and historic resources located on 
     the peninsula known as Moccasin Bend, Tennessee, there is 
     established as a unit of Chickamauga and Chattanooga National 
     Military Park, the Moccasin Bend National Archeological 
     District.
       (b) Boundaries.--The archeological district shall consist 
     of approximately 780 acres generally depicted on the Map. The 
     Map shall be on file and available for public inspection in 
     the appropriate offices of the National Park Service, 
     Department of the Interior.
       (c) Acquisition of Land and Interests in Land.--
       (1) In general.--The Secretary may acquire by donation, 
     purchase from willing sellers using donated or appropriated 
     funds, or exchange, lands and interests in lands within the 
     exterior boundary of the archeological district. The 
     Secretary may acquire the State, county and city-owned land 
     and interests in land for inclusion in the archeological 
     district only by donation.
       (2) Easement outside boundary.--To allow access between 
     areas of the archeological district that on the date of 
     enactment of this Act are noncontiguous, the Secretary may 
     acquire by donation or purchase from willing owners using 
     donated or appropriated funds, or exchange, easements 
     connecting the areas generally depicted on the Map.

     SEC. 4. ADMINISTRATION.

       (a) In General.--The archeological district shall be 
     administered by the Secretary in accordance with this Act, 
     with laws applicable to Chickamauga and Chattanooga National 
     Military Park, and with the laws generally applicable to 
     units of the National Park System.
       (b) Cooperative Agreement.--The Secretary may consult and 
     enter into cooperative agreements with culturally affiliated 
     federally recognized Indian tribes, governmental entities, 
     and interested persons to provide for the restoration, 
     preservation, development, interpretation, and use of the 
     archeological district.
       (c) Visitor Interpretive Center.--For purposes of 
     interpreting the historical themes and cultural resources of 
     the archeological district, the Secretary may establish and 
     administer a visitor center in the archeological district.
       (d) General Management Plan.--Not later than three years 
     after funds are made available for this purpose, the 
     Secretary shall develop a general management plan for the 
     archeological district. The general management plan shall 
     describe the appropriate protection and preservation of 
     natural, cultural, and scenic resources, visitor use, and 
     facility development within the archeological district 
     consistent with the purposes of this Act, while ensuring 
     continued access to private landowners to their property.

     SEC. 5. REPEAL OF PREVIOUS ACQUISITION AUTHORITY.

       The Act of August 3, 1950 (Chapter 532; 16 U.S.C. 424a-4), 
     is repealed.
       Amend the title so as to read: ``An Act To establish the 
     Moccasin Bend National Archeological District in the State of 
     Tennessee as a unit of Chickamauga and Chattanooga National 
     Military Park.''.
  Mr. REID. Mr. President, Senator Bingaman has a substitute amendment 
at the desk, and I ask unanimous consent that the amendment be 
considered and agreed to, the motion to reconsider be laid upon the 
table; that the committee-reported substitute, as amended, be agreed 
to; that the bill, as amended, be read three times, passed, and the 
motion to reconsider be laid upon the table, and that the title 
amendment be agreed to, with no intervening action or debate, and that 
any statements be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.


                           Amendment No. 4973

       (Purpose: To provide a complete substitute)

  The amendment (No. 4973), in the nature of a substitute, was agreed 
to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment, in the nature of a substitute, as amended, 
was agreed to.
  The bill (H.R. 980), as amended, was read the third time and passed.
  The title amendment was agreed to.

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