[Congressional Record Volume 149, Number 9 (Friday, January 17, 2003)]
[Senate]
[Pages S1155-S1166]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 35. Mr. KENNEDY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 563, line 14, insert before the period the 
     following: ``, and $6,600,000 to be used to fund the mass 
     layoff statistics program under section 15 of the Wagner-
     Peyser Act (29 U.S.C. 49l-2).
       On page 640, line 2, increase the amount by $6,600,000.
                                 ______
                                 
  SA 36. Mr. BYRD proposed an amendment to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Strike title VI of division N.
                                 ______
                                 
  SA 37. Mr. BUNNING (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. GAO STUDY ON SUBTITLE D OF THE ENERGY EMPLOYEES 
                   OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT.

       (a) Study.--The General Accounting Office (in this section 
     referred to as the ``GAO'') shall conduct a study on the 
     effectiveness of the benefit program under subtitle D of the 
     Energy Employees Occupational Illness Compensation Program 
     Act of 2000 (42 U.S.C. 7385o) in assisting the Department of 
     Energy (in this section referred to as the ``DOE'') 
     contractor employees in obtaining compensation for 
     occupational illness.
       (b) Report to Congress.--Not later than 120 days after the 
     date of enactment of this Act, the GAO shall submit a report 
     to the Senate Energy and Natural Resources Committee and the 
     House of Representatives Energy and Commerce Committee on the 
     results of the study conducted under subsection (a).
                                 ______
                                 
  SA 38. Mr. BUNNING submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  . GAO STUDY OF CLEANUP AT THE PADUCAH GASEOUS DIFFUSION 
                   PLANT IN PADUCAH, KENTUCKY.

       (a) Study.--The General Accounting Office (in this section 
     referred to as the ``GAO'') shall conduct a study of the 
     cleanup progress at the Paducah Gaseous Diffusion Plant in 
     Paducah, Kentucky.
       (b) Report to Congress.--Not late than six months after the 
     date of enactment of this Act, the GAO shall submit a report 
     to the Senate Energy and Natural Resources Committee and the 
     House of Representatives Energy and Commerce Committee on the 
     results of the study conducted under subsection (a).
                                 ______
                                 
  SA 39. Mrs. MURRAY submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 570, line 19, insert before the period the 
     following: ``; Provided further, That $120,027,000 shall be 
     appropriated to carry out the community access program to 
     increase the capacity and effectiveness of community health 
     care institutions and providers who serve patients regardless 
     of their ability to pay''.
                                 ______
                                 
  SA 40. Mr. REED (for himself, Mr. Durbin, Mr. Kennedy, Mr. Levin, Ms. 
Cantwell, Mr. Corzine, Mr. Jeffords, and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place in title I of division G, insert 
     the following:

     SEC. ____. ENTITLEMENT TO ADDITIONAL WEEKS OF TEMPORARY 
                   EXTENDED UNEMPLOYMENT COMPENSATION.

       (a) Entitlement to Additional Weeks.--
       (1) In general.--Paragraph (1) of section 203(b) of the 
     Temporary Extended Unemployment Compensation Act of 2002 
     (Public Law 107-147; 116 Stat. 28) is amended to read as 
     follows:

[[Page S1156]]

       ``(1) In general.--The amount established in an account 
     under subsection (a) shall be equal to 26 times the 
     individual's weekly benefit amount for the benefit year.''.
       (2) Repeal of restriction on augmentation during 
     transitional period.--Section 208(b) of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147), as amended by Public Law 108-1, is amended--
       (A) in paragraph (1)--
       (i) by striking ``paragraphs (2) and (3)'' and inserting 
     ``paragraph (2)''; and
       (ii) by inserting before the period at the end the 
     following: ``, including such compensation by reason of 
     amounts deposited in such account after such date pursuant to 
     the application of subsection (c) of such section'';
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2).
       (3) Extension of transition limitation.--Section 208(b)(2) 
     of the Temporary Extended Unemployment Compensation Act of 
     2002 (Public Law 107-147), as amended by Public Law 108-1 and 
     as redesignated by paragraph (2), is amended by striking 
     ``August 30, 2003'' and inserting ``December 31, 2003''.
       (4) Conforming amendment for augmented benefits.--Section 
     203(c)(1) of the Temporary Extended Unemployment Compensation 
     Act of 2002 (Public Law 107-147; 116 Stat. 28) is amended by 
     striking ``the amount originally established in such account 
     (as determined under subsection (b)(1))'' and inserting ``7 
     times the individual's average weekly benefit amount for the 
     benefit year''.
       (b) Effective Date and Application.--
       (1) In general.--The amendments made by subsection (a) 
     shall apply with respect to weeks of unemployment beginning 
     on or after the date of enactment this Act.
       (2) TEUC-X amounts deposited in account prior to date of 
     enactment deemed to be the additional teuc amounts provided 
     by this section.--In applying the amendments made by 
     subsection (a) under the Temporary Extended Unemployment 
     Compensation Act of 2002 (Public Law 107-147; 116 Stat. 26), 
     the Secretary of Labor shall deem any amounts deposited into 
     an individual's temporary extended unemployment compensation 
     account by reason of section 203(c) of such Act (commonly 
     known as ``TEUC-X amounts'') prior to the date of enactment 
     of this Act to be amounts deposited in such account by reason 
     of section 203(b) of such Act, as amended by subsection (a) 
     (commonly known as ``TEUC amounts'').
       (3) Application to exhaustees and current beneficiaries.--
       (A) Exhaustees.--In the case of any individual--
       (i) to whom any temporary extended unemployment 
     compensation was payable for any week beginning before the 
     date of enactment of this Act; and
       (ii) who exhausted such individual's rights to such 
     compensation (by reason of the payment of all amounts in such 
     individual's temporary extended unemployment compensation 
     account) before such date,
     such individual's eligibility for any additional weeks of 
     temporary extended unemployment compensation by reason of the 
     amendments made by subsection (a) shall apply with respect to 
     weeks of unemployment beginning on or after the date of 
     enactment of this Act.
       (B) Current beneficiaries.--In the case of any individual--
       (i) to whom any temporary extended unemployment 
     compensation was payable for any week beginning before the 
     date of enactment of this Act; and
       (ii) as to whom the condition described in subparagraph 
     (A)(ii) does not apply,

     such individual shall be eligible for temporary extended 
     unemployment compensation (in accordance with the provisions 
     of the Temporary Extended Unemployment Compensation Act of 
     2002, as amended by subsection (a)) with respect to weeks of 
     unemployment beginning on or after the date of enactment of 
     this Act.
       (4) Redetermination of eligibility for augmented amounts 
     for individuals for whom such a determination was made prior 
     to the date of enactment.--Any determination of whether the 
     individual's State is in an extended benefit period under 
     section 203(c) of the Temporary Extended Unemployment 
     Compensation Act of 2002 (Public Law 107-147; 116 Stat. 28) 
     made prior to the date of enactment of this Act shall be 
     disregarded and the determination under such section shall be 
     made as follows:
       (A) Individuals who exhausted 13 teuc and 13 teux-x weeks 
     prior to the date of enactment.--In the case of an individual 
     who, prior to the date of enactment of this Act, received 26 
     times the individual's average weekly benefit amount through 
     an account established under section 203 of the Temporary 
     Extended Unemployment Compensation Act of 2002 (Public Law 
     107-147; 116 Stat. 28) (by reason of augmentation under 
     subsection (c) of such section), the determination shall be 
     made as of the date of the enactment of this Act.
       (B) All other individuals.--In the case of an individual 
     who is not described in subparagraph (A), the determination 
     shall be made at the time that the individual's account 
     established under such section 203, as amended by subsection 
     (a), is exhausted.
                                 ______
                                 
  SA 41. Mr. ROCKEFELLER (for himself, Mr. Chafee, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the joint 
resolution H.J. Res. 2, making further continuing appropriations for 
the fiscal year 2003, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. (a) Extending Availability of SCHIP Allotments 
     for Fiscal Years 1998 Through 2001.--
       (1) Retained and redistributed allotments for fiscal years 
     1998 and 1999.--Paragraphs (2)(A)(i) and (2)(A)(ii) of 
     section 2104(g) of the Social Security Act (42 U.S.C. 
     1397dd(g)) are each amended by striking ``fiscal year 2002'' 
     and inserting ``fiscal year 2004''.
       (2) Extension and revision of retained and redistributed 
     allotments for fiscal year 2000.--
       (A) Permitting and extending retention of portion of fiscal 
     year 2000 allotment.--Paragraph (2) of such section 2104(g) 
     is amended--
       (i) in the heading, by striking ``and 1999'' and inserting 
     ``through 2000''; and
       (ii) by adding at the end of subparagraph (A) the 
     following:
       ``(iii) Fiscal year 2000 allotment.--Of the amounts 
     allotted to a State pursuant to this section for fiscal year 
     2000 that were not expended by the State by the end of fiscal 
     year 2002, 50 percent of that amount shall remain available 
     for expenditure by the State through the end of fiscal year 
     2004.''.
       (B) Redistributed allotments.--Paragraph (1) of such 
     section 2104(g) is amended--
       (i) in subparagraph (A), by inserting ``or for fiscal year 
     2000 by the end of fiscal year 2002,'' after ``fiscal year 
     2001,'';
       (ii) in subparagraph (A), by striking ``1998 or 1999'' and 
     inserting ``1998, 1999, or 2000'';
       (iii) in subparagraph (A)(i)--

       (I) by striking ``or'' at the end of subclause (I),
       (II) by striking the period at the end of subclause (II) 
     and inserting ``; or''; and
       (III) by adding at the end the following new subclause:
       ``(III) the fiscal year 2000 allotment, the amount 
     specified in subparagraph (C)(i) (less the total of the 
     amounts under clause (ii) for such fiscal year), multiplied 
     by the ratio of the amount specified in subparagraph (C)(ii) 
     for the State to the amount specified in subparagraph 
     (C)(iii).'';

       (iv) in subparagraph (A)(ii), by striking ``or 1999'' and 
     inserting ``, 1999, or 2000'';
       (v) in subparagraph (B), by striking ``with respect to 
     fiscal year 1998 or 1999'';
       (vi) in subparagraph (B)(ii)--

       (I) by inserting ``with respect to fiscal year 1998, 1999, 
     or 2000,'' after ``subsection (e),''; and
       (II) by striking ``2002'' and inserting ``2004''; and

       (vii) by adding at the end the following new subparagraph:
       ``(C) Amounts used in computing redistributions for fiscal 
     year 2000.--For purposes of subparagraph (A)(i)(III)--
       ``(i) the amount specified in this clause is the amount 
     specified in paragraph (2)(B)(i)(I) for fiscal year 2000, 
     less the total amount remaining available pursuant to 
     paragraph (2)(A)(iii);
       ``(ii) the amount specified in this clause for a State is 
     the amount by which the State's expenditures under this title 
     in fiscal years 2000, 2001, and 2002 exceed the State's 
     allotment for fiscal year 2000 under subsection (b); and
       ``(iii) the amount specified in this clause is the sum, for 
     all States entitled to a redistribution under subparagraph 
     (A) from the allotments for fiscal year 2000, of the amounts 
     specified in clause (ii).''.
       (C) Conforming amendments.--Such section 2104(g) is further 
     amended--
       (i) in its heading, by striking ``and 1999'' and inserting 
     ``, 1999, and 2000''; and
       (ii) in paragraph (3)--

       (I) by striking ``or fiscal year 1999'' and inserting ``, 
     fiscal year 1999, or fiscal year 2000''; and
       (II) by striking ``or November 30, 2001'' and inserting 
     ``November 30, 2001, or November 30, 2002'', respectively.

       (3) Extension and revision of retained and redistributed 
     allotments for fiscal year 2001.--
       (A) Permitting and extending retention of portion of fiscal 
     year 2001 allotment.--Paragraph (2) of such section 2104(g), 
     as amended in paragraph (2)(A)(ii), is further amended--
       (i) in the heading, by striking ``2000'' and inserting 
     ``2001''; and
       (ii) by adding at the end of subparagraph (A) the 
     following:
       ``(iv) Fiscal year 2001 allotment.--Of the amounts allotted 
     to a State pursuant to this section for fiscal year 2001 that 
     were not expended by the State by the end of fiscal year 
     2003, 50 percent of that amount shall remain available for 
     expenditure by the State through the end of fiscal year 
     2005.''.
       (B) Redistributed allotments.--Paragraph (1) of such 
     section 2104(g), as amended in paragraph (2)(B), is further 
     amended--
       (i) in subparagraph (A), by inserting ``or for fiscal year 
     2001 by the end of fiscal year 2003,'' after ``fiscal year 
     2002,'';
       (ii) in subparagraph (A), by striking ``1999, or 2000'' and 
     inserting ``1999, 2000, or 2001'';
       (iii) in subparagraph (A)(i)--

       (I) by striking ``or'' at the end of subclause (II),
       (II) by striking the period at the end of subclause (III) 
     and inserting ``; or''; and

[[Page S1157]]

       (III) by adding at the end the following new subclause:
       ``(IV) the fiscal year 2001 allotment, the amount specified 
     in subparagraph (D)(i) (less the total of the amounts under 
     clause (ii) for such fiscal year), multiplied by the ratio of 
     the amount specified in subparagraph (D)(ii) for the State to 
     the amount specified in subparagraph (D)(iii).'';

       (iv) in subparagraph (A)(ii), by striking ``or 2000'' and 
     inserting ``2000, or 2001'';
       (v) in subparagraph (B)--

       (I) by striking ``and'' at the end of clause (ii);
       (II) by redesignating clause (iii) as clause (iv); and
       (III) by inserting after clause (ii) the following new 
     clause:

       ``(iii) notwithstanding subsection (e), with respect to 
     fiscal year 2001, shall remain available for expenditure by 
     the State through the end of fiscal year 2005; and''; and
       (vi) by adding at the end the following new subparagraph:
       ``(D) Amounts used in computing redistributions for fiscal 
     year 2001.--For purposes of subparagraph (A)(i)(IV)--
       ``(i) the amount specified in this clause is the amount 
     specified in paragraph (2)(B)(i)(I) for fiscal year 2001, 
     less the total amount remaining available pursuant to 
     paragraph (2)(A)(iv);
       ``(ii) the amount specified in this clause for a State is 
     the amount by which the State's expenditures under this title 
     in fiscal years 2001, 2002, and 2003 exceed the State's 
     allotment for fiscal year 2001 under subsection (b); and
       ``(iii) the amount specified in this clause is the sum, for 
     all States entitled to a redistribution under subparagraph 
     (A) from the allotments for fiscal year 2001, of the amounts 
     specified in clause (ii).''.
       (C) Conforming amendments.--Such section 2104(g) is further 
     amended--
       (i) in its heading, by striking ``and 2000'' and inserting 
     ``2000, and 2001''; and
       (ii) in paragraph (3)--

       (I) by striking ``or fiscal year 2000'' and inserting 
     ``fiscal year 2000, or fiscal year 2001''; and
       (II) by striking ``or November 30, 2002,'' and inserting 
     ``November 30, 2002, or November 30, 2003,'', respectively.

       (4) Effective date.--This subsection, and the amendments 
     made by this subsection, shall be effective as if this 
     subsection had been enacted on September 30, 2002, and 
     amounts under title XXI of the Social Security Act (42 U.S.C. 
     1397aa et seq.) from allotments for fiscal years 1998 through 
     2000 are available for expenditure on and after October 1, 
     2002, under the amendments made by this subsection as if this 
     subsection had been enacted on September 30, 2002.
       (b) Authority for Qualifying States To Use Portion of SCHIP 
     Funds for Medicaid Expenditures.--Section 2105 of the Social 
     Security Act (42 U.S.C. 1397ee) is amended by adding at the 
     end the following:
       ``(g) Authority for Qualifying States To Use Certain Funds 
     for Medicaid Expenditures.--
       ``(1) State option.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, with respect to allotments for fiscal years 1998, 1999, 
     2000, 2001, for fiscal years in which such allotments are 
     available under subsections (e) and (g) of section 2104, a 
     qualifying State (as defined in paragraph (2)) may elect to 
     use not more than 10 percent of such allotments (instead of 
     for expenditures under this title) for payments for such 
     fiscal year under title XIX in accordance with subparagraph 
     (B).
       ``(B) Payments to states.--
       ``(i) In general.--In the case of a qualifying State that 
     has elected the option described in subparagraph (A), subject 
     to the total amount of funds described with respect to the 
     State in subparagraph (A), the Secretary shall pay the State 
     an amount each quarter equal to the additional amount that 
     would have been paid to the State under title XIX for 
     expenditures of the State for the fiscal year described in 
     clause (ii) if the enhanced FMAP (as determined under 
     subsection (b)) had been substituted for the Federal medical 
     assistance percentage (as defined in section 1905(b)) of such 
     expenditures.
       ``(ii) Expenditures described.--For purposes of clause (i), 
     the expenditures described in this clause are expenditures 
     for such fiscal years for providing medical assistance under 
     title XIX to individuals who have not attained age 19 and 
     whose family income exceeds 150 percent of the poverty line.
       ``(2) Qualifying state.--In this subsection, the term 
     `qualifying State' means a State that--
       ``(A) as of March 31, 1997, has an income eligibility 
     standard with respect to any 1 or more categories of children 
     (other than infants) who are eligible for medical assistance 
     under section 1902(a)(10)(A) or under a waiver under section 
     1115 implemented on January 1, 1994, that is at least 185 
     percent of the poverty line; and
       ``(B) satisfies the requirements described in paragraph 
     (3).
       ``(3) Requirements.--The requirements described in this 
     paragraph are the following:
       ``(A) SCHIP income eligibility.--The State has a State 
     child health plan that (whether implemented under title XIX 
     or this title)--
       ``(i) as of January 1, 2001, has an income eligibility 
     standard that is at least 200 percent of the poverty line or 
     has an income eligibility standard that exceeds 200 percent 
     of the poverty line under a waiver under section 1115 that is 
     based on a child's lack of health insurance;
       ``(ii) subject to subparagraph (B), does not limit the 
     acceptance of applications for children; and
       ``(iii) provides benefits to all children in the State who 
     apply for and meet eligibility standards on a statewide 
     basis.
       ``(B) No waiting list imposed.--With respect to children 
     whose family income is at or below 200 percent of the poverty 
     line, the State does not impose any numerical limitation, 
     waiting list, or similar limitation on the eligibility of 
     such children for child health assistance under such State 
     plan.
       ``(C) Additional requirements.--The State has implemented 
     at least 4 of the following policies and procedures (relating 
     to coverage of children under title XIX and this title):
       ``(i) Uniform, simplified application form.--With respect 
     to children who are eligible for medical assistance under 
     section 1902(a)(10)(A), the State uses the same uniform, 
     simplified application form (including, if applicable, 
     permitting application other than in person) for purposes of 
     establishing eligibility for benefits under title XIX and 
     this title.
       ``(ii) Elimination of asset test.--The State does not apply 
     any asset test for eligibility under section 1902(l) or this 
     title with respect to children.
       ``(iii) Adoption of 12-month continuous enrollment.--The 
     State provides that eligibility shall not be regularly 
     redetermined more often than once every year under this title 
     or for children described in section 1902(a)(10)(A).
       ``(iv) Same verification and redetermination policies; 
     automatic reassessment of eligibility.--With respect to 
     children who are eligible for medical assistance under 
     section 1902(a)(10)(A), the State provides for initial 
     eligibility determinations and redeterminations of 
     eligibility using the same verification policies (including 
     with respect to face-to-face interviews), forms, and 
     frequency as the State uses for such purposes under this 
     title, and, as part of such redeterminations, provides for 
     the automatic reassessment of the eligibility of such 
     children for assistance under title XIX and this title.
       ``(v) Outstationing enrollment staff.--The State provides 
     for the receipt and initial processing of applications for 
     benefits under this title and for children under title XIX at 
     facilities defined as disproportionate share hospitals under 
     section 1923(a)(1)(A) and Federally-qualified health centers 
     described in section 1905(l)(2)(B) consistent with section 
     1902(a)(55).''.
                                 ______
                                 
  SA 42. Mr. DOMENICI submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On Page 1027, line 17, strike ``August 1, 2002'' and insert 
     ``December 31, 2004''.
       On Page 1032, at the end of line 8, insert the following 
     new section:

     ``SEC. 210. CIVIL PENALTIES.

       ``(a) Repeal of Automatic Remission.--Section 234A b.(2) of 
     the Atomic Energy Act of 1954 (42 U.S.C. 2282a(b)(2)) is 
     amended by striking the last sentence.
       ``(b) Limitation for Not-For-Profit Institutions.--
     Subsection d. of section 234A of the Atomic Energy Act of 
     1954 (42 U.S.C. 2282a(d)) is amended to read as follows:
       `` `d.(1) Notwithstanding subsection a., in the case of any 
     not-for-profit contractor, subcontractor, or supplier, the 
     total amount of civil penalties made under subsection a. may 
     not exceed the total amount of fees paid within any one-year 
     period (as determined by the Secretary) under the contract 
     under which the violation occurs.
       `` `(2) For purposes of this section, the term `not-for-
     profit' means that no part of the net earnings of the 
     contractor, subcontractor, or supplier inures, or may 
     lawfully inure, to the benefit of any natural person or for-
     profit artificial person.'.
       ``(c) Effective Date.--The amendments made by this section 
     shall not apply to any violation of the Atomic Energy Act of 
     1954 occurring under a contract entered into before the date 
     of enactment of this section.''
                                 ______
                                 
  SA 43. Mr. DOMENICI submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SECTION 1. SHORT TITLE.

       This section may be cited as the ``T'uf Shur Bien 
     Preservation Trust Area Act''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) in 1748, the Pueblo of Sandia received a grant from a 
     representative of the King of Spain, which grant was 
     recognized and confirmed by Congress in 1858 (11 Stat. 374); 
     and
       (2) in 1994, the Pueblo filed a civil action against the 
     Secretary of the Interior and the Secretary of Agriculture in 
     the United States District Court for the District of Columbia 
     (Civil No. 1:94CV02624), asserting that Federal surveys of 
     the grant boundaries erroneously excluded certain land within 
     the Cibola National Forest, including a portion of the Sandia 
     Mountain Wilderness.

[[Page S1158]]

       (b) Purposes.--The purposes of this Act are--
       (1) to establish the T'uf Shur Bien Preservation Trust Area 
     in the Cibola National Forest;
       (2) to confirm the status of national forest land and 
     wilderness land in the Area while resolving issues associated 
     with the civil action referred to in subsection (a)(2) and 
     the opinions of the Solicitor of the Department of the 
     Interior dated December 9, 1988 (M-36963; 96 I.D. 331) and 
     January 19, 2001 (M-37002); and
       (3) to provide the Pueblo, the parties to the civil action, 
     and the public with a fair and just settlement of the 
     Pueblo's claim.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Area.--
       (A) In general.--The term ``Area'' means the T'uf Shur Bien 
     Preservation Trust Area, comprised of approximately 9890 
     acres of land in the Cibola National Forest, as depicted on 
     the map.
       (B) Exclusions.--The term ``Area'' does not include--
       (i) the subdivisions;
       (ii) Pueblo-owned land;
       (iii) the crest facilities; or
       (iv) the special use permit area.
       (2) Crest facilities.--The term ``crest facilities'' 
     means--
       (A) all facilities and developments located on the crest of 
     Sandia Mountain, including the Sandia Crest Electronic Site;
       (B) electronic site access roads;
       (C) the Crest House;
       (D) the upper terminal, restaurant, and related facilities 
     of Sandia Peak Tram Company;
       (E) the Crest Observation Area;
       (F) parking lots;
       (G) restrooms;
       (H) the Crest Trail (Trail No. 130);
       (I) hang glider launch sites;
       (J) the Kiwanis cabin; and
       (K) the land on which the facilities described in 
     subparagraphs (A) through (J) are located and the land 
     extending 100 feet along terrain to the west of each such 
     facility, unless a different distance is agreed to in writing 
     by the Secretary and the Pueblo and documented in the survey 
     of the Area.
       (3) Existing use.--The term ``existing use'' means a use 
     that--
       (A) is occurring in the Area as of the date of enactment of 
     this Act; or
       (B) is authorized in the Area after November 1, 1995, but 
     before the date of enactment of this Act.
       (4) La luz tract.--The term ``La Luz tract'' means the 
     tract comprised of approximately 31 acres of land owned in 
     fee by the Pueblo and depicted on the map.
       (5) Local public body.--The term ``local public body'' 
     means a political subdivision of the State of New Mexico (as 
     defined in New Mexico Code 6-5-1).
       (6) Map.--The term ``map'' means the Forest Service map 
     entitled ``T'uf Shur Bien Preservation Trust Area'' and dated 
     April 2000.
       (7) Modified use.--
       (A) In general.--The term ``modified use'' means an 
     existing use that, at any time after the date of enactment of 
     this Act, is modified or reconfigured but not significantly 
     expanded.
       (B) Inclusions.--The term ``modified use'' includes--
       (i) a trail or trailhead being modified, such as to 
     accommodate handicapped access;
       (ii) a parking area being reconfigured (but not expanded); 
     and
       (iii) a special use authorization for a group recreation 
     use being authorized for a different use area or time period.
       (8) New use.--
       (A) In general.--The term ``new use'' means--
       (i) a use that is not occurring in the Area as of the date 
     of enactment of this Act; and
       (ii) an existing use that is being modified so as to be 
     significantly expanded or altered in scope, dimension, or 
     impact on the land, water, air, or wildlife resources of the 
     Area.
       (B) Exclusions.--The term ``new use'' does not include a 
     use that--
       (i) is categorically excluded from documentation 
     requirements under the National Environmental Policy Act of 
     1969 (42 U.S.C. 4321 et seq.); or
       (ii) is carried out to comply with the Endangered Species 
     Act of 1973 (16 U.S.C. 1531 et seq.).
       (9) Piedra lisa tract.--The term ``Piedra Lisa tract'' 
     means the tract comprised of approximately 160 acres of land 
     owned by the Pueblo and depicted on the map.
       (10) Pueblo.--The term ``Pueblo'' means the Pueblo of 
     Sandia in its governmental capacity.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Agriculture, acting through the Chief of the Forest 
     Service.
       (12) Settlement agreement.--The term ``Settlement 
     Agreement'' means the Agreement of Compromise and Settlement 
     dated April 4, 2000, among the United States, the Pueblo, and 
     the Sandia Peak Tram Company.
       (13) Special use permit.--The term ``special use permit'' 
     means the Special Use Permit issued December 1, 1993, by the 
     Secretary to Sandia Peak Tram Company and Sandia Peak Ski 
     Company
       (14) Special use permit area.--
       (A) In general.--The term ``special use permit area'' means 
     the land and facilities subject to the special use permit.
       (B) Inclusions.--The term ``special use permit area'' 
     includes--
       (i) approximately 46 acres of land used as an aerial 
     tramway corridor;
       (ii) approximately 945 acres of land used as a ski area; 
     and
       (iii) the land and facilities described in Exhibit A to the 
     special use permit, including--

       (I) the maintenance road to the lower tram tower;
       (II) water storage and water distribution facilities; and
       (III) 7 helispots.

       (15) Subdivision.--The term ``subdivision'' means--
       (A) the subdivision of--
       (i) Sandia Heights Addition;
       (ii) Sandia Heights North Unit I, II, or 3;
       (iii) Tierra Monte;
       (iv) Valley View Acres; or
       (v) Evergreen Hills; and
       (B) any additional plat or privately-owned property 
     depicted on the map.
       (16) Traditional or cultural use.--The term ``traditional 
     or cultural use'' means--
       (A) a ceremonial activity (including the placing of 
     ceremonial materials in the Area); and
       (B) the use, hunting, trapping, or gathering of plants, 
     animals, wood, water, and other natural resources for a 
     noncommercial purpose.

     SEC. 4. T'UF SHUR BIEN PRESERVATION TRUST AREA.

       (a) Establishment.--The T'uf Shur Bien Preservation Trust 
     Area is established within the Cibola National Forest and the 
     Sandia Mountain Wilderness as depicted on the map--
       (1) to recognize and protect in perpetuity the rights and 
     interests of the Pueblo in and to the Area, as specified in 
     section 5(a);
       (2) to preserve in perpetuity the national forest and 
     wilderness character of the Area; and
       (3) to recognize and protect in perpetuity the longstanding 
     use and enjoyment of the Area by the public.
       (b) Administration and Applicable Law.--
       (1) In general.--The Secretary shall continue to administer 
     the Area as part of the National Forest System subject to and 
     consistent with the provisions of this Act affecting 
     management of the Area.
       (2) Traditional or cultural uses.--Traditional or cultural 
     uses by Pueblo members and members of other federally-
     recognized Indian tribes authorized to use the Area by the 
     Pueblo under section 5(a)(4) shall not be restricted except 
     by--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; and
       (B) applicable Federal wildlife protection laws, as 
     provided in section 6(a)(2).
       (3) Later enactments.--To the extent that any law enacted 
     or amended after the date of enactment of this Act is 
     inconsistent with this Act, the law shall not apply to the 
     Area unless expressly made applicable by Congress.
       (4) Trust.--The use of the word ``Trust'' in the name of 
     the Area--
       (A) is in recognition of the specific rights and interests 
     of the Pueblo in the Area; and
       (B) does not confer on the Pueblo the ownership interest 
     that exists in a case in which the Secretary of the Interior 
     accepts the title to land held in trust for the benefit of an 
     Indian tribe.
       (c) Map.--
       (1) Filing.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file the map and a 
     legal description of the Area with the Committee on Resources 
     of the House of Representatives and with the Committee on 
     Energy and Natural Resources of the Senate.
       (2) Public availability.--The map and legal description 
     shall be on file and available for public inspection in the 
     Office of the Chief of the Forest Service, Washington, 
     District of Columbia.
       (3) Effect.--The map and legal description filed under 
     paragraph (1) shall have the same effect as if the map and 
     legal description were included in this Act, except that--
       (A) technical and typographical errors shall be corrected;
       (B) changes that may be necessary under subsection (b), 
     (d), or (e) of section 9 or subsection (b) or (c) of section 
     13 shall be made; and
       (C) to the extent that the map and the language of this Act 
     conflict, the language of this Act shall control.
       (d) No Conveyance of Title.--No right, title, or interest 
     of the United States in or to the Area or any part of the 
     Area shall be conveyed to or exchanged with any person, 
     trust, or governmental entity, including the Pueblo, without 
     specific authorization of Congress.
       (e) Prohibited Uses.--
       (1) In general.--Notwithstanding any other provision of 
     law--
       (A) no use prohibited by the Wilderness Act (16 U.S.C. 1131 
     et seq.) as of the date of enactment of this Act shall be 
     permitted in the wilderness portion of the Area; and
       (B) none of the following uses shall be permitted in any 
     portion of the Area:
       (i) Gaming or gambling.
       (ii) Mineral production.
       (iii) Timber production.
       (iv) Any new use to which the Pueblo objects under section 
     5(a)(3).
       (2) Mining claims.--The Area is closed to the location of 
     mining claims under Section 2320 of the Revised Statutes (30 
     U.S.C. 23) (commonly known as the ``Mining Law of 1872'').

[[Page S1159]]

       (f) No Modification of Boundaries.--Establishment of the 
     Area shall not--
       (1) affect the boundaries of or repeal or disestablish the 
     Sandia Mountain Wilderness or the Cibola National Forest; or
       (2) modify the existing boundary of the Pueblo grant.

     SEC. 5. PUEBLO RIGHTS AND INTERESTS IN THE AREA.

       (a) In General.--The Pueblo shall have the following rights 
     and interests in the Area:
       (1) Free and unrestricted access to the Area for 
     traditional or cultural uses, to the extent that those uses 
     are not inconsistent with--
       (A) the Wilderness Act (16 U.S.C. 1131 et seq.) (including 
     regulations promulgated under that Act) as in effect on the 
     date of enactment of this Act; or
       (B) applicable Federal wildlife protection laws as provided 
     in section 6(a)(2).
       (2) Perpetual preservation of the national forest and 
     wilderness character of the Area under this Act.
       (3) Rights in the management of the Area as specified in 
     section 7, including--
       (A) the right to consent or withhold consent to a new use;
       (B) the right to consultation regarding a modified use;
       (C) the right to consultation regarding the management and 
     preservation of the Area; and
       (D) the right to dispute resolution procedures.
       (4) Exclusive authority, in accordance with the customs and 
     laws of the Pueblo, to administer access to the Area for 
     traditional or cultural uses by members of the Pueblo and of 
     other federally-recognized Indian tribes.
       (5) Such other rights and interests as are recognized in 
     sections 4, 5(c), 7, 8, and 9.
       (b) Access.--Except as provided in subsection (a)(4), 
     access to and use of the Area for all other purposes shall 
     continue to be administered by the Secretary.
       (c) Compensable Interest.--
       (1) In general.--If, by an Act of Congress enacted after 
     the date of enactment of this Act, Congress diminishes the 
     national forest or wilderness designation of the Area by 
     authorizing a use prohibited by section 4(e) in all or any 
     portion of the Area, or denies the Pueblo access for any 
     traditional or cultural use in all or any portion of the 
     Area--
       (A) the United States shall compensate the Pueblo as if the 
     Pueblo held a fee title interest in the affected portion of 
     the Area and as though the United States had acquired such an 
     interest by legislative exercise of the power of eminent 
     domain; and
       (B) the restrictions of sections 4(e) and 6(a) shall be 
     disregarded in determining just compensation owed to the 
     Pueblo.
       (2) Effect.--Any compensation made to the Pueblo under 
     paragraph (c) shall not affect the extinguishment of claims 
     under section 10.

     SEC. 6. LIMITATIONS ON PUEBLO RIGHTS AND INTERESTS IN THE 
                   AREA.

       (a) Limitations.--The rights and interests of the Pueblo 
     recognized in this Act do not include--
       (1) any right to sell, grant, lease, convey, encumber, or 
     exchange land or any interest in land in the Area (and any 
     such conveyance shall not have validity in law or equity);
       (2) any exemption from applicable Federal wildlife 
     protection laws;
       (3) any right to engage in a use prohibited by section 
     4(e); or
       (4) any right to exclude persons or governmental entities 
     from the Area.
       (b) Exception.--No person who exercises traditional or 
     cultural use rights as authorized by section 5(a)(4) may be 
     prosecuted for a Federal wildlife offense requiring proof of 
     a violation of a State law (including regulations).

     SEC. 7. MANAGEMENT OF THE AREA.

       (a) Process.--
       (1) In general.--The Secretary shall consult with the 
     Pueblo not less than twice each year, unless otherwise 
     mutually agreed, concerning protection, preservation, and 
     management of the Area (including proposed new uses and 
     modified uses in the Area and authorizations that are 
     anticipated during the next 6 months and were approved in the 
     preceding 6 months).
       (2) New uses.--
       (A) Request for consent after consultation.--
       (i) Denial of consent.--If the Pueblo denies consent for a 
     new use within 30 days after completion of the consultation 
     process, the Secretary shall not proceed with the new use.
       (ii) Granting of consent.--If the Pueblo consents to the 
     new use in writing or fails to respond within 30 days after 
     completion of the consultation process, the Secretary may 
     proceed with the notice and comment process and the 
     environmental analysis.
       (B) Final request for consent.--
       (i) Request.--Before the Secretary (or a designee) signs a 
     record of decision or decision notice for a proposed new use, 
     the Secretary shall again request the consent of the Pueblo.
       (ii) Denial of consent.--If the Pueblo denies consent for a 
     new use within 30 days after receipt by the Pueblo of the 
     proposed record of decision or decision notice, the new use 
     shall not be authorized.
       (iii) Failure to respond.--If the Pueblo fails to respond 
     to the consent request within 30 days after receipt of the 
     proposed record of decision or decision notice--

       (I) the Pueblo shall be deemed to have consented to the 
     proposed record of decision or decision notice; and
       (II) the Secretary may proceed to issue the final record of 
     decision or decision notice.

       (3) Public involvement.--
       (A) In general.--With respect to a proposed new use or 
     modified use, the public shall be provided notice of--
       (i) the purpose and need for the proposed new use or 
     modified use;
       (ii) the role of the Pueblo in the decisionmaking process; 
     and
       (iii) the position of the Pueblo on the proposal.
       (B) Court challenge.--Any person may bring a civil action 
     in the United States District Court for the District of New 
     Mexico to challenge a determination by the Secretary 
     concerning whether a use constitutes a new use or a modified 
     use.
       (b) Emergencies and Emergency Closure Orders.--
       (1) Authority.--The Secretary shall retain the authority of 
     the Secretary to manage emergency situations, to--
       (A) provide for public safety; and
       (B) issue emergency closure orders in the Area subject to 
     applicable law.
       (2) Notice.--The Secretary shall notify the Pueblo 
     regarding emergencies, public safety issues, and emergency 
     closure orders as soon as practicable.
       (3) No consent.--An action of the Secretary described in 
     paragraph (1) shall not require the consent of the Pueblo.
       (c) Disputes Involving Forest Service Management and Pueblo 
     Traditional Uses.--
       (1) In general.--In a case in which the management of the 
     Area by the Secretary conflicts with a traditional or 
     cultural use, if the conflict does not pertain to a new use 
     subject to the process specified in subsection (a)(2), the 
     process for dispute resolution specified in this subsection 
     shall apply.
       (2) Dispute resolution process.--
       (A) In general.--In the case of a conflict described in 
     paragraph (1)--
       (i) the party identifying the conflict shall notify the 
     other party in writing addressed to the Governor of the 
     Pueblo or the Regional Forester, as appropriate, specifying 
     the nature of the dispute; and
       (ii) the Governor of the Pueblo or the Regional Forester 
     shall attempt to resolve the dispute for a period of at least 
     30 days after notice has been provided before bringing a 
     civil action in the United States District Court for the 
     District of New Mexico.
       (B) Disputes requiring immediate resolution.--In the case 
     of a conflict that requires immediate resolution to avoid 
     imminent, substantial, and irreparable harm--
       (i) the party identifying the conflict shall notify the 
     other party and seek to resolve the dispute within 3 days of 
     the date of notification; and
       (ii) if the parties are unable to resolve the dispute 
     within 3 days--

       (I) either party may bring a civil action for immediate 
     relief in the United States District Court for the District 
     of New Mexico; and
       (II) the procedural requirements specified in subparagraph 
     (A) shall not apply.

     SEC. 8. JURISDICTION OVER THE AREA.

       (a) Criminal Jurisdiction.--
       (1) In general.--Notwithstanding any other provision of 
     law, jurisdiction over crimes committed in the Area shall be 
     allocated as provided in this paragraph.
       (2) Jurisdiction of the pueblo.--The Pueblo shall have 
     jurisdiction over an offense committed by a member of the 
     Pueblo or of another federally-recognized Indian tribe who is 
     present in the Area with the permission of the Pueblo under 
     section 5(a)(4).
       (3) Jurisdiction of the united states.--The United States 
     shall have jurisdiction over--
       (A) an offense described in section 1153 of title 18, 
     United States Code, committed by a member of the Pueblo or 
     another federally-recognized Indian tribe;
       (B) an offense committed by any person in violation of the 
     laws (including regulations) pertaining to the protection and 
     management of national forests;
       (C) enforcement of Federal criminal laws of general 
     applicability; and
       (D) any other offense committed by a member of the Pueblo 
     against a person not a member of the Pueblo.
       (4) Jurisdiction of the state of new mexico.--The State of 
     New Mexico shall have jurisdiction over an offense under the 
     law of the State committed by a person not a member of the 
     Pueblo.
       (5) Overlapping jurisdiction.--To the extent that the 
     respective allocations of jurisdiction over the Area under 
     paragraphs (2), (3), and (4) overlap, the governments shall 
     have concurrent jurisdiction.
       (6) Federal use of state law.--Under the jurisdiction of 
     the United States described in paragraph (3)(D), Federal law 
     shall incorporate any offense defined and punishable under 
     State law that is not so defined under Federal law.
       (b) Civil Jurisdiction.--
       (1) In general.--Except as provided in paragraphs (2) and 
     (3), the United States, the State of New Mexico, and local 
     public bodies shall have the same civil adjudicatory, 
     regulatory, and taxing jurisdiction over the Area as was 
     exercised by those entities on the day before the date of 
     enactment of this Act.
       (2) Jurisdiction of the pueblo.--
       (A) In general.--The Pueblo shall have exclusive civil 
     adjudicatory jurisdiction over--

[[Page S1160]]

       (i) a dispute involving only members of the Pueblo;
       (ii) a civil action brought by the Pueblo against a member 
     of the Pueblo; and
       (iii) a civil action brought by the Pueblo against a member 
     of another federally-recognized Indian tribe for a violation 
     of an understanding between the Pueblo and the other tribe 
     regarding use of or access to the Area for traditional or 
     cultural uses.
       (B) Regulatory jurisdiction.--The Pueblo shall have no 
     regulatory jurisdiction over the Area, except that the Pueblo 
     shall have exclusive authority to--
       (i) regulate traditional or cultural uses by the members of 
     the Pueblo and administer access to the Area by other 
     federally-recognized Indian tribes for traditional or 
     cultural uses, to the extent such regulation is consistent 
     with this Act; and
       (ii) regulate hunting and trapping in the Area by members 
     of the Pueblo, to the extent that the hunting or trapping is 
     related to traditional or cultural uses, except that such 
     hunting and trapping outside of that portion of the Area in 
     sections 13, 14, 23, 24, and the northeast quarter of section 
     25 of T12N, R4E, and section 19 of T12N, R5E, N.M.P.M., 
     Sandoval County, New Mexico, shall be regulated by the Pueblo 
     in a manner consistent with the regulations of the State of 
     New Mexico concerning types of weapons and proximity of 
     hunting and trapping to trails and residences.
       (C) Taxing jurisdiction.--The Pueblo shall have no 
     authority to impose taxes within the Area.
       (3) State and local taxing jurisdiction.--The State of New 
     Mexico and local public bodies shall have no authority within 
     the Area to tax the uses or the property of the Pueblo, 
     members of the Pueblo, or members of other federally-
     recognized Indian tribes authorized to use the Area under 
     section 5(a)(4).

     SEC. 9. SUBDIVISIONS AND OTHER PROPERTY INTERESTS.

       (a) Subdivisions.--
       (1) In general.--The subdivisions are excluded from the 
     Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory or any other form of jurisdiction, over 
     the subdivisions and property interests therein, and the laws 
     of the Pueblo shall not apply to the subdivisions.
       (B) State jurisdiction.--The jurisdiction of the State of 
     New Mexico and local public bodies over the subdivisions and 
     property interests therein shall continue in effect, except 
     that on application of the Pueblo a tract comprised of 
     approximately 35 contiguous, nonsubdivided acres in the 
     northern section of Evergreen Hills owned in fee by the 
     Pueblo at the time of enactment of this Act, shall be 
     transferred to the United States and held in trust for the 
     Pueblo by the United States and administered by the Secretary 
     of the Interior.
       (3) Limitations on trust land.--Trust land described in 
     paragraph (2)(B) shall be subject to all limitations on use 
     pertaining to the Area contained in this Act.
       (b) Piedra Lisa.--
       (1) In general.--The Piedra Lisa tract is excluded from the 
     Area.
       (2) Declaration of trust title.--The Piedra Lisa tract--
       (A) shall be transferred to the United States;
       (B) is declared to be held in trust for the Pueblo by the 
     United States; and
       (C) shall be administered by the Secretary of the Interior 
     subject to all limitations on use pertaining to the Area 
     contained in this Act.
       (3) Applicability of certain restriction.--The restriction 
     contained in section 6(a)(4) shall not apply outside of 
     Forest Service System trails.
       (c) Crest Facilities.--
       (1) In general.--The land on which the crest facilities are 
     located is excluded from the Area.
       (2) Jurisdiction.--The Pueblo shall have no civil or 
     criminal jurisdiction for any purpose, including 
     adjudicatory, taxing, zoning, regulatory or any other form of 
     jurisdiction, over the land on which the crest facilities are 
     located and property interests therein, and the laws of the 
     Pueblo, shall not apply to that land. The preexisting 
     jurisdictional status of that land shall continue in effect.
       (d) Special Use Permit Area.--
       (1) In general.--The land described in the special use 
     permit is excluded from the Area.
       (2) Jurisdiction.--
       (A) In general.--The Pueblo shall have no civil or criminal 
     jurisdiction for any purpose, including adjudicatory, taxing, 
     zoning, regulatory, or any other form of jurisdiction, over 
     the land described in the special use permit, and the laws of 
     the Pueblo shall not apply to that land.
       (B) Preexisting status.--The preexisting jurisdictional 
     status of that land shall continue in effect.
       (3) Amendment to plan.--In the event the special use 
     permit, during its existing term or any future terms or 
     extensions, requires amendment to include other land in the 
     Area necessary to realign the existing or any future 
     replacement tram line, associated structures, or facilities, 
     the land subject to that amendment shall thereafter be 
     excluded from the Area and shall have the same status under 
     this Act as the land currently described in the special use 
     permit.
       (4) Land dedicated to aerial tramway and related uses.--Any 
     land dedicated to aerial tramway and related uses and 
     associated facilities that are excluded from the special use 
     permit through expiration, termination or the amendment 
     process shall thereafter be included in the Area, but only 
     after final agency action no longer subject to any appeals.
       (e) La Luz Tract.--
       (1) In general.--The La Luz tract now owned in fee by the 
     Pueblo is excluded from the Area and, on application by the 
     Pueblo, shall be transferred to the United States and held in 
     trust for the Pueblo by the United States and administered by 
     the Secretary of the Interior subject to all limitations on 
     use pertaining to the Area contained in this Act.
       (2) Nonapplicability of certain restriction.--The 
     restriction contained in section 6(a)(4) shall not apply 
     outside of Forest Service System trails.
       (f) Evergreen Hills Access.--The Secretary shall ensure 
     that Forest Service Road 333D, as depicted on the map, is 
     maintained in an adequate condition in accordance with 
     section 1323(a) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 3210(a)).
       (g) Pueblo Fee Land.--Those properties not specifically 
     addressed in subsections (a) or (e) that are owned in fee by 
     the Pueblo within the subdivisions are excluded from the Area 
     and shall be subject to the jurisdictional provisions of 
     subsection (a).
       (h) Rights-of-Way.--
       (1) Road rights-of-way.--
       (A) In general.--In accordance with the Pueblo having given 
     its consent in the Settlement Agreement, the Secretary of the 
     Interior shall grant to the County of Bernalillo, New Mexico, 
     in perpetuity, the following irrevocable rights-of-way for 
     roads identified on the map in order to provide for public 
     access to the subdivisions, the special use permit land and 
     facilities, the other leasehold and easement rights and 
     interests of the Sandia Peak Tram Company and its affiliates, 
     the Sandia Heights South Subdivision, and the Area--
       (i) a right-of-way for Tramway Road;
       (ii) a right-of-way for Juniper Hill Road North;
       (iii) a right-of-way for Juniper Hill Road South;
       (iv) a right-of-way for Sandia Heights Road; and
       (v) a right-of-way for Juan Tabo Canyon Road (Forest Road 
     No. 333).
       (B) Conditions.--The road rights-of-way shall be subject to 
     the following conditions:
       (i) Such rights-of-way may not be expanded or otherwise 
     modified without the Pueblo's written consent, but road 
     maintenance to the rights-of-way shall not be subject to 
     Pueblo consent.
       (ii) The rights-of-way shall not authorize uses for any 
     purpose other than roads without the Pueblo's written 
     consent.
       (iii) Except as provided in the Settlement Agreement, 
     existing rights-of-way or leasehold interests and obligations 
     held by the Sandia Peak Tram Company and its affiliates, 
     shall be preserved, protected, and unaffected by this Act.
       (2) Utility rights-of-way.--In accordance with the Pueblo 
     having given its consent in the Settlement Agreement, the 
     Secretary of the Interior shall grant irrevocable utility 
     rights-of-way in perpetuity across Pueblo land to appropriate 
     utility or other service providers serving Sandia Heights 
     Addition, Sandia Heights North Units I, II, and 3, the 
     special use permit land, Tierra Monte, and Valley View Acres, 
     including rights-of-way for natural gas, power, water, 
     telecommunications, and cable television services. Such 
     rights-of-way shall be within existing utility corridors as 
     depicted on the map or, for certain water lines, as described 
     in the existing grant of easement to the Sandia Peak Utility 
     Company; provided that use of water line easements outside 
     the utility corridors depicted on the map shall not be used 
     for utility purposes other than water lines and associated 
     facilities. Except where above-ground facilities already 
     exist, all new utility facilities shall be installed 
     underground unless the Pueblo agrees otherwise. To the extent 
     that enlargement of existing utility corridors is required 
     for any technologically-advanced telecommunication, 
     television, or utility services, the Pueblo shall not 
     unreasonably withhold agreement to a reasonable enlargement 
     of the easements described above.
       (3) Forest service rights-of-way.--In accordance with the 
     Pueblo having given its consent in the Settlement Agreement, 
     the Secretary of the Interior shall grant to the Forest 
     Service the following irrevocable rights-of-way in perpetuity 
     for Forest Service trails crossing land of the Pueblo in 
     order to provide for public access to the Area and through 
     Pueblo land--
       (A) a right-of-way for a portion of the Crest Spur Trail 
     (Trail No. 84), crossing a portion of the La Luz tract, as 
     identified on the map;
       (B) a right-of-way for the extension of the Foothills Trail 
     (Trail No. 365A), as identified on the map; and
       (C) a right-of-way for that portion of the Piedra Lisa 
     North-South Trail (Trail No. 135) crossing the Piedra Lisa 
     tract.

     SEC. 10. EXTINGUISHMENT OF CLAIMS.

       (a) In General.--Except for the rights and interests in and 
     to the Area specifically recognized in sections 4, 5, 7, 8, 
     and 9, all Pueblo claims to right, title and interest of any 
     kind, including aboriginal claims, in and to land within the 
     Area, any part thereof, and property interests therein, as 
     well as related

[[Page S1161]]

     boundary, survey, trespass, and monetary damage claims, are 
     permanently extinguished. The United States' title to the 
     Area is confirmed.
       (b) Subdivisions.--Any Pueblo claims to right, title and 
     interest of any kind, including aboriginal claims, in and to 
     the subdivisions and property interests therein (except for 
     land owned in fee by the Pueblo as of the date of enactment 
     of this Act), as well as related boundary, survey, trespass, 
     and monetary damage claims, are permanently extinguished.
       (c) Special Use and Crest Facilities Areas.--Any Pueblo 
     right, title and interest of any kind, including aboriginal 
     claims, and related boundary, survey, trespass, and monetary 
     damage claims, are permanently extinguished in and to--
       (1) the land described in the special use permit; and
       (2) the land on which the crest facilities are located.
       (d) Pueblo Agreement.--As provided in the Settlement 
     Agreement, the Pueblo has agreed to the relinquishment and 
     extinguishment of those claims, rights, titles and interests 
     extinguished pursuant to subsection (a), (b) and (c).
       (e) Consideration.--The recognition of the Pueblo's rights 
     and interests in this Act constitutes adequate consideration 
     for the Pueblo's agreement to the extinguishment of the 
     Pueblo's claims in this section and the right-of-way grants 
     contained in section 9, and it is the intent of Congress that 
     those rights and interests may only be diminished by a future 
     Act of Congress specifically authorizing diminishment of such 
     rights, with express reference to this Act.

     SEC. 11. CONSTRUCTION.

       (a) Strict Construction.--This Act recognizes only 
     enumerated rights and interests, and no additional rights, 
     interests, obligations, or duties shall be created by 
     implication.
       (b) Existing Rights.--To the extent there exist within the 
     Area as of the date of enactment of this Act any valid 
     private property rights associated with private land that are 
     not otherwise addressed in this Act, such rights are not 
     modified or otherwise affected by this Act, nor is the 
     exercise of any such right subject to the Pueblo's right to 
     withhold consent to new uses in the Area as set forth in 
     section 5(a)(3)(A).
       (c) Not Precedent.--The provisions of this Act creating 
     certain rights and interests in the National Forest System 
     are uniquely suited to resolve the Pueblo's claim and the 
     geographic and societal situation involved, and shall not be 
     construed as precedent for any other situation involving 
     management of the National Forest System.
       (d) Fish and Wildlife.--Except as provided in section 
     8(b)(2)(B), nothing in this Act shall be construed as 
     affecting the responsibilities of the State of New Mexico 
     with respect to fish and wildlife, including the regulation 
     of hunting, fishing, or trapping within the Area.
       (e) Federal Land Policy and Management Act.--Section 316 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1746) is amended by adding at the end the following: ``Any 
     corrections authorized by this section which affect the 
     boundaries of, or jurisdiction over, land administered by 
     another Federal agency shall be made only after consultation 
     with, and the approval of, the head of such other agency.''

     SEC. 12. JUDICIAL REVIEW.

       (a) Enforcement.--A civil action to enforce the provisions 
     of this Act may be brought to the extent permitted under 
     chapter 7 of title 5, United States Code. Judicial review 
     shall be based on the administrative record and subject to 
     the applicable standard of review set forth in section 706 of 
     title 5, United States Code.
       (b) Waiver.--A civil action may be brought against the 
     Pueblo for declaratory judgment or injunctive relief under 
     this Act, but no money damages, including costs or attorney's 
     fees, may be imposed on the Pueblo as a result of such 
     judicial action.
       (c) Venue.--Venue for any civil action provided for in this 
     section, as well as any civil action to contest the 
     constitutionality of this Act, shall lie only in the United 
     States District Court for the District of New Mexico.

     SEC. 13. PROVISIONS RELATING TO CONTRIBUTIONS AND LAND 
                   EXCHANGE.

       (a) Contributions.--
       (1) In general.--The Secretary may accept contributions 
     from the Pueblo, or from other persons or governmental 
     entities--
       (A) to perform and complete a survey of the Area; or
       (B) to carry out any other project or activity for the 
     benefit of the Area in accordance with this Act.
       (2) Deadline.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary shall complete the 
     survey of the Area under paragraph (1)(A).
       (b) Land Exchange.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, after consultation with the Pueblo, 
     the Secretary shall, in accordance with applicable laws, 
     prepare and offer a land exchange of National Forest land 
     outside the Area and contiguous to the northern boundary of 
     the Pueblo's Reservation within sections 10, 11, and 14 of 
     T12N, R4E, N.M.P.M., Sandoval County, New Mexico excluding 
     Wilderness land, for land owned by the Pueblo in the 
     Evergreen Hills subdivision in Sandoval County contiguous to 
     National Forest land, and the La Luz tract in Bernalillo 
     County.
       (2) Acceptance of payment.--Notwithstanding section 206(b) 
     of the Federal Land Policy and Management Act (43 U.S.C. 
     1716(b)), the Secretary may either make or accept a cash 
     equalization payment in excess of 25 percent of the total 
     value of the land or interests transferred out of Federal 
     ownership.
       (3) Funds received.--Any funds received by the Secretary as 
     a result of the exchange shall be deposited in the fund 
     established under the Act of December 4, 1967, known as the 
     Sisk Act (16 U.S.C. 484a), and shall be available to purchase 
     non-Federal land within or adjacent to the National Forests 
     in the State of New Mexico.
       (4) Treatment of land exchanged or conveyed.--All land 
     exchanged or conveyed to the Pueblo is declared to be held in 
     trust for the Pueblo by the United States and added to the 
     Pueblo's Reservation subject to all existing and outstanding 
     rights and shall remain in its natural state and shall not be 
     subject to commercial development of any kind. Land exchanged 
     or conveyed to the Forest Service shall be subject to all 
     limitations on use pertaining to the Area under this Act.
       (5) Failure to make offer.--If the land exchange offer is 
     not made by the date that is 180 days after the date of 
     enactment of this Act, the Secretary shall submit 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, a report explaining the 
     reasons for the failure to make the offer including an 
     assessment of the need for any additional legislation that 
     may be necessary for the exchange. If additional legislation 
     is not necessary, the Secretary, consistent with this 
     section, should proceed with the exchange pursuant to 
     existing law.
       (c) Land Acquisition and Other Compensation.--
       (1) In general.--The Secretary may acquire land owned by 
     the Pueblo within the Evergreen Hills Subdivision in Sandoval 
     County or any other privately held land inside of the 
     exterior boundaries of the Area. The boundaries of the Cibola 
     National Forest and the Area shall be adjusted to encompass 
     any land acquired pursuant to this section.
       (2) Piedra lisa tract.--The Secretary shall compensate the 
     Pueblo for the fair market value of--
       (A) the right-of-way established pursuant to section 
     9(h)(3)(C); and
       (B) the conservation easement established by the 
     limitations on use of the Piedra Lisa tract pursuant to 
     section 9(b)(2).
       (d) Reimbursement of Certain Costs.--
       (1) In general.--The Pueblo, the County of Bernalillo, New 
     Mexico, and any person that owns or has owned property inside 
     of the exterior boundaries of the Area as designated on the 
     map, and who has incurred actual and direct costs as a result 
     of participating in the case of Pueblo of Sandia v. Babbitt, 
     Civ. No. 94-2624 HHG (D.D.C.), or other proceedings directly 
     related to resolving the issues litigated in that case, may 
     apply for reimbursement in accordance with this section. 
     Costs directly related to such participation which shall 
     qualify for reimbursement shall be--
       (A) dues or payments to a homeowner association for the 
     purpose of legal representation; and
       (B) legal fees and related expenses.
       (2) Treatment of reimbursement.--Any reimbursement provided 
     in this subsection shall be in lieu of that which might 
     otherwise be available pursuant to the Equal Access to 
     Justice Act (24 U.S.C. 2412).
       (3) Payments.--The Secretary of the Treasury shall make 
     reimbursement payments as provided in this section out of any 
     money not otherwise appropriated.
       (4) Applications.--Not later than 180 days after the date 
     of enactment of this Act, applications for reimbursement 
     shall be filed with the Department of the Treasury, Financial 
     Management Service, Washington, D.C.
       (5) Maximum reimbursement.--In no event shall any 1 party 
     be compensated in excess of $750,000 and the total amount 
     reimbursed pursuant to this section shall not exceed 
     $3,000,000.

     SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act, including such sums as are 
     necessary for the Forest Service, in accordance with section 
     13(c), to acquire ownership of, or other interests in or to, 
     land within the external boundaries of the Area.

     SEC. 15. EFFECTIVE DATE.

       The provisions of this Act shall take effect immediately on 
     enactment of this Act.
                                 ______
                                 
  SA 44. Mr. McCAIN proposed an amendment to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; as follows:

       Beginning with line 12 on page 138, strike through line 14 
     on page 141.
                                 ______
                                 
  SA 45. Mr. KYL submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 402, line 10, after ``committees'' insert ``: 
     Provided further, That funds made

[[Page S1162]]

     available under the preceding proviso may only be available 
     for wind-up costs of KEDO''.
                                 ______
                                 
  SA 46. Mr. WYDEN (for himself and Mr. Smith) submitted an amendment 
intended to be proposed by him to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table; as follows:

       On page   , between lines    and   , insert the following 
     new section:

     SEC.  . WEST COAST GROUNDFISH FISHERY CAPACITY REDUCTION.

       (1) The Secretary of Commerce shall implement a fishing 
     capacity reduction program for the West Coast groundfish 
     fishery pursuant to section 212 of P.L. 107-206 and 16 U.S.C. 
     1861a(b)-(e) except that: the program may apply to multiple 
     fisheries, except that: Within 90 days after the date of 
     enactment of this Act, the Secretary shall publish a public 
     notice in the Federal Register and issue an invitation to bid 
     for reduction payments that specifies the contractual terms 
     and conditions under which bids shall be made and accepted 
     under this section; except that: Section 144(1)(K)(3) of 
     Title I, Division B of P.L. 106-554 shall apply to the 
     program implemented by this section.
       (b) A reduction fishery is eligible for capacity reduction 
     under the program implemented under this section, except that 
     no vessel harvesting and processing whiting in the catcher-
     processors sector (section 19 660.323(a)(4)(A) of title 50, 
     Code of Federal Regulations) may participate in any capacity 
     reduction referendum or industry fee established under this 
     section.
       (c) A referendum on the industry fee system shall occur 
     after bids have been submitted, and such bids have been 
     accepted by the Secretary, as follows: members of the 
     reduction fishery, and persons who have been issued 
     Washington, Oregon, or California Dungeness Crab and Pink 
     Shrimp permits, shall be eligible to vote in the 
     referendum to approve an industry fee system; referendum 
     votes cast in each fishery shall be weighted in proportion 
     to the debt obligation of each fishery, as calculated in 
     subsection (f) of this section; the industry fee system 
     shall be approved if the referendum votes cast in favor of 
     the proposed system constitute a simple majority of the 
     participants voting; except that notwithstanding 5 U.S.C. 
     553 and 16 U.S.C. 1861a(e), the Secretary shall not 
     prepare or publish proposed or final regulations for the 
     implementation of the program under this section before 
     the referendum is conducted.
       (d) Nothing in this section shall be construed to prohibit 
     the Pacific Fishery management Council from recommending, or 
     the Secretary from approving, changes to any fishery 
     management plan, in accordance with applicable law; or the 
     Secretary from promulgating regulations (including 
     regulations governing this program), after an industry fee 
     system has been approved by the reduction fishery.
       (e) The Secretary shall determine, and state in the public 
     notice published under paragraph (a), all program 
     implementation aspects the Secretary deems relevant.
       (f) Any bid submitted in response to the invitation to bid 
     issued by the Secretary under this section shall be 
     irrevocable; the Secretary shall use a bid acceptance 
     procedure that ranks each bid in accordance with this 
     paragraph and with additional criteria, if any, established 
     by the Secretary: for each bid from a qualified bidder that 
     meets the bidding requirements in the public notice or the 
     invitation to bid, the Secretary shall determine a bid score 
     by dividing the bid's dollar amount by the average annual 
     total ex-vessel dollar value of landings of Pacific 
     groundfish, Dungeness crab, and Pink shrimp based on the 3 
     highest total annual revenues earned from such stocks that 
     the bidder's reduction vessel landed during 1998, 1999, 
     2000, or 2001. For purposes of this paragraph, the term 
     ``total annual revenue'' means the revenue earned in a 
     single year from such stocks. The Secretary shall accept 
     each qualified bid in rank order of bid score from the 
     lowest to the highest until acceptance of the next 
     qualified bid with the next lowest bid score would cause 
     the reduction cost to exceed the reduction loan's maximum 
     amount. Acceptance of a bid by the Secretary shall create 
     a binding reduction contract between the United States and 
     the person whose bid is accepted, the performance of which 
     shall be subject only to the conclusion of a successful 
     referendum, except that a person whose bid is accepted by 
     the Secretary under this section shall relinquish all 
     permits in the reduction fishery and may Dungeness crab 
     and Pink shrimp permits issued by Washington, Oregon, or 
     California; except that the Secretary shall revoke the 
     Pacific groundfish permit, as well as all Federal fishery 
     licenses, fishery permits, area, and species endorsements, 
     and any other fishery privileges issued to a vessel or 
     vessels (or to persons on the basis of their operation or 
     ownership of that vessel or vessels) removed under the 
     program.
       (g) The Secretary shall establish separate reduction loan 
     sub-amounts and repayment fees for fish sellers in the 
     reduction fishery and for fish sellers in each of the fee-
     share fisheries by dividing the total ex-vessel dollar value 
     during the bid scoring period of all reduction vessel 
     landings from the reduction fishery and from each of the fee-
     share fisheries by the total such value of all such landings 
     for all such fisheries; and multiplying the reduction loan 
     amount by each of the quotients resulting from each of the 
     divisions above. Each of the resulting products shall be the 
     reduction loan sub-amount for the reduction fishery and for 
     each of the fee-share fisheries to which each of such 
     products pertains; except that, each fish seller in the 
     reduction fishery and in each of the fee-share fisheries 
     shall pay the fees required by the reduction loan sub-amounts 
     allocated to it under this paragraph; except that, the 
     Secretary may enter into agreements with Washington, Oregon, 
     and California to collect any fees established under this 
     paragraph.
       (h) Notwithstanding 46 U.S.C. App. 1279(b)(4), the 
     reduction loan's term shall not be less than 30 years.
       (1) It is the sense of the Congress that the States of 
     Washington, Oregon, and California should revoke all 
     relinquishment permits in each of the fee-share fisheries 
     immediately after reduction payment, and otherwise to 
     implement appropriate State fisheries management and 
     conservation provisions in each of the fee-share fisheries 
     that establishes a program that meets the requirements of 16 
     U.S.C. 141861a(b)(1)(B) as if it were applicable to fee-share 
     fisheries.
       (j) The term ``fee-share fishery'' means a fishery, other 
     than the reduction fishery, whose members are eligible to 
     vote in a referendum for an industry fee system under 
     paragraph (c). The term ``reduction fishery'' means that 
     portion of a fishery holding limited entry fishing permits 
     endorsed for the operation of trawl gear and issued under the 
     Federal Pacific Coast Groundfish Fishery Management Plan.
                                 ______
                                 
  SA 47. Mrs. FEINSTEIN submitted an amendment intended to be proposed 
by her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, line 9, insert the following:
       Sec.  . Congress reaffirms its original intent that the 
     Herger-Feinstein Quincy Library Group Forest Recovery Act of 
     1998 be implemented, and hereby extends the expiration of the 
     Quincy Library Group Act by five years.
                                 ______
                                 
  SA 48. Mr. SARBANES (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 787, after line 25, add the following:

     SEC. 3____. SUSQUEHANNA GREENWAY, MARYLAND.

       The table contained in section 1602 of the Transportation 
     Equity Act for the 21st Century is amended in item 1603 (112 
     Stat. 316) by striking ``Construct pedestrian bicycle bridge 
     across Susquehanna River between Havre de Grace and 
     Perryville'' and inserting ``Develop Lower Susquehanna 
     Heritage Greenway, including acquisition of property, 
     construction of hiker-biker trails, and construction or use 
     of docks, ferry boats, bridges, or vans to convey bikers and 
     pedestrians across the Susquehanna River between Cecil County 
     and Harford County''.
                                 ______
                                 
  SA 49. Mr. SARBANES (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 3, to disapprove under the Congressional Review Act the rule 
submitted by the Centers for Medicare & Medicaid Services, relating to 
revisions to payment policies under the Medicare physician fee schedule 
for calendar year 2003 and other items, published in the Federal 
Register on December 31, 2002 (vol. 67, page 79966); which was ordered 
to lie on the table; as follows:

       At the appropriate place in the division relating to energy 
     and water, insert the following:

     SEC. ____. HERRING CREEK-TALL TIMBERS, MARYLAND.

       (a) In General.--Using funds made available by this Act, 
     the Secretary of the Army, acting through the Chief of 
     Engineers, shall provide immediate corrective maintenance to 
     the project at Herring Creek-Tall Timbers, Maryland, at full 
     Federal expense.
       (b) Inclusions.--The corrective maintenance described in 
     subsection (a), and any other maintenance performed after the 
     date of enactment of this Act with respect to the project 
     described in that subsection, shall include repair or 
     replacement, as appropriate, of the foundation and structures 
     adjacent and structurally integral to the project.
                                 ______
                                 
  SA 50. Mr. SARBANES submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 486, between lines 8 and 9, insert the following:

[[Page S1163]]

     SEC. ____. REPORT ON AVIAN MORTAILITY AT COMMUNICATIONS 
                   TOWERS.

       (a) In General.--Not later than 180 days after the date of 
     enactment of this Act, the Director of the United States Fish 
     and Wildlife Service, in cooperation with the Chairman of the 
     Federal Communications Commission and the Administrator of 
     the Federal Aviation Administration, shall submit to the 
     Committee on Appropriations, the Committee on Environment and 
     Public Works, and the Committee on Commerce, Science, and 
     Transportation of the Senate a report on avian mortality at 
     communications towers in the United States.
       (b) Contents.--The report submitted under subsection (a) 
     shall include--
       (1) an estimate of the number of birds that collide with 
     communication towers;
       (2) a description of the causes of those collisions; and
       (3) recommendations on how to prevent those collisions.
                                 ______
                                 
  SA 51. Mr. FITZGERALD (for himself, Mr. DeWine, Mr. Brownback, Mr. 
Kyl, Mr. Ensign, and Mr. Voinovich) submitted an amendment intended to 
be proposed by him to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title VI of division J, insert 
     the following:
       Sec. ____. (a) Prohibition.--No funds appropriated by this 
     Act shall be made available to pay for an abortion, or the 
     administrative expenses in connection with any health plan 
     under the Federal employees health benefit program which 
     provides any benefits or coverage for abortions.
       (b) Application of Provision.--The provisions of subsection 
     (a) shall not apply where the life of the mother would be 
     endangered if the fetus were carried to term, or the 
     pregnancy is the result of an act of rape or incest.
                                 ______
                                 
  SA 52. Mr. GRASSLEY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       Beginning on page 1043, strike line 19 and all that follows 
     through page 1044, line 3, and insert the following:

                      TITLE IV--TANF AND MEDICARE

       Sec. 401. Section 114 of Public Law 107-229, as amended by 
     section 3 of Public Law 107-240 and by section 2 of Public 
     Law 107-294, is amended--
       (1) by striking ``the date specified in section 107(c) of 
     this joint resolution'' and inserting ``September 30, 2003''; 
     and
       (2) by striking ``: Provided further, That 
     notwithstanding'' and all that follows through the period and 
     inserting a period.
                                 ______
                                 
  SA 53. Mr. GRASSLEY submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title I of division M, add the following:
       Sec. 111. (a) Limitation on Availability of Funds for 
     Research and Development on Total Information Awareness 
     Program.--Notwithstanding any other provision of law, funds 
     appropriated or otherwise made available by this Act, or by 
     any other Act, may be obligated or expended by the Department 
     of Defense, or by any contractor of the Department, for the 
     purpose of research, development, test, or evaluation on any 
     technology or component of the information collection program 
     known as the Total Information Awareness program, or any 
     program whose purpose is the collection of information on 
     United States citizens in the United States, regardless of 
     whether or not such program is to be transferred to another 
     department, agency, or element of the Federal Government only 
     if--
       (1) such technology or component is to be used, and is 
     used, only for foreign intelligence purposes; and
       (2) such technology or component is not to be used, and is 
     not used, for domestic intelligence or law enforcement 
     purposes.
       (b) Provision in Contracts and Grants.--Any contract or 
     grant instrument applicable to the Total Information 
     Awareness program or other program referred to in subsection 
     (a) shall include appropriate controls to facilitate the 
     limitations in that subsection.
       (c) Report.--Not later than 60 days after the date of the 
     enactment of this Act, the Secretary of Defense, the Attorney 
     General, and the Director of Central Intelligence shall 
     jointly submit to Congress a report on the Total Information 
     Awareness program. The report shall set forth the following:
       (1) A detailed explanation (including an expenditure plan) 
     of the actual and intended use of the funds for all projects 
     and activities of the Total Information Awareness program.
       (2) A list of the departments and agencies of the Federal 
     Government that have, or would have, an interest in utilizing 
     the Total Information Awareness program, and for what 
     purposes.
       (3) A description of the ways information collected by the 
     Total Information Awareness program may be used by law 
     enforcement, intelligence, and other agencies of the Federal 
     Government.
       (4) A list of the current laws and regulations governing 
     the information to be collected by the Total Information 
     Awareness program, and a description of any modifications in 
     such laws that are required to use such information in the 
     manner proposed under the program.
       (5) Recommendations for additional research, technology 
     development, or other measures necessary to ensure the 
     protection of privacy and civil liberties of United States 
     citizens during the operation of the Total Information 
     Awareness program.
                                 ______
                                 
  SA 54. Mr. KYL (for himself, Mr. Kennedy, Mrs. Feinstein, Mr. McCain, 
and Mr. Feingold) submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 95, line 7, strike ``$3,076,509,000'' and insert 
     the following: ``$3,241,787,000: Provided, That of the amount 
     appropriated under this heading $80,200,000 shall be 
     available only for the Entry Exit System, to be managed by 
     the Justice Management Division: Provided further, That, of 
     the amounts made available in the preceding proviso, 
     $42,400,000 shall only be available for planning, program 
     support, environmental analysis and mitigation, real estate 
     acquisition, design and construction: Provided further, That 
     $25,500,000 shall only be available for an entry-exit system 
     pilot, including demonstration projects on the southern and 
     northern border, and $12,300,000 shall only be available for 
     system development: Provided further, That none of the funds 
     appropriated in this Act, or in Public Law 107-117, for the 
     Immigration and Naturalization Service's Entry Exit System 
     may be obligated until the INS submits a plan for expenditure 
     that: (1) meets the capital planning and investment control 
     review requirements established by the Office of Management 
     and Budget, including OMB Circular A-11, part 3; (2) complies 
     with the acquisition rules, requirements, guidelines, and 
     systems acquisition management practices of the Federal 
     Government; (3) is reviewed by the General Accounting Office; 
     and (4) has been approved by the Committees on 
     Appropriations: Provided further, That funds provided under 
     this heading shall only be available for obligation and 
     expenditure in accordance with the procedures applicable to 
     reprogramming notifications set forth in section 605 of 
     Public Law 107-77: Provided further, That none of the funds 
     made available by this Act shall be available for any 
     expenses relating to the National Security Entry-Exit 
     Registration System (NSEERS), and that the Attorney General 
     shall provide to the Committee on Appropriations all 
     documents and materials: (1) used in the creation of the 
     NSEERS program, including any predecessor programs; (2) 
     assessing the effectiveness of the NSEERS program as a tool 
     to enhance national security; (3) used to determine the scope 
     of the NSEERS program, including countries selected for the 
     program, and the gender, age, and immigration status of the 
     persons required to register under the program; (4) regarding 
     future plans to expand the NSEERS program to additional 
     countries, age groups, women, and persons holding other 
     immigration statuses not already covered; (5) explaining of 
     whether the Department of Justice consulted with other 
     federal agencies in the development of the NSEERS programs, 
     and if so, all documents and materials relating to those 
     consultations; (6) concerning policy directives or guidance 
     issued to officials about implementation of NSEERS, including 
     the role of the FBI in conducting national security 
     background checks of registrants; (7) explaining why certain 
     INS District Offices detained persons with pending status-
     adjustment applications; and (8) explaining how information 
     gathered during interviews of registrants will be stored, 
     used, or transmitted to other Federal, State, or local 
     agencies.''.
                                 ______
                                 
  SA 55. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 1026, after line 22, add the following:
       Sec. 111. Section 591(j) of the National Defense 
     Authorization Act for Fiscal Year 2000 (10 U.S.C. 1562 note) 
     is amended by striking ``April 24, 2003'' and inserting 
     ``April 24, 2005''.
                                 ______
                                 
  SA 56. Mr. HOLLINGS submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 721, line 4, before the colon, insert the 
     following:
       ``, of which $8,000,000 shall be used to develop increased 
     power capability for engines

[[Page S1164]]

     used in HH-65 helicopters in order to meet new Coast Guard 
     requirements, and $3,000,000 shall be used to demonstrate and 
     test the upgraded control system for such engines''
                                 ______
                                 
  SA 57. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. SENSE OF THE SENATE WITH RESPECT TO NORTH KOREA.

       (a) Findings.--The Senate makes the following findings:
       (1) Under the Agreed Framework of October 21, 1994, North 
     Korea committed to--
       (A) freeze and eventually dismantle its graphite-moderated 
     reactors and related facilities;
       (B) implement the North-South Joint Declaration on the 
     Denuclearization of the Korean Peninsula, which prohibits the 
     production, testing, or possession of nuclear weapons; and
       (C) allow implementation of its IAEA safeguards agreement 
     under the Treaty on the Non-Proliferation of Nuclear Weapons 
     (NPT) for nuclear facilities designated under the Agreed 
     Framework and any other North Korean nuclear facilities.
       (2) The General Accounting Office has reported that North 
     Korea has diverted heavy oil received from the United States-
     led Korean Peninsula Energy Development Organization for 
     unauthorized purposes in violation of the Agreed Framework.
       (3) On April 1, 2002, President George W. Bush stated that 
     he would not certify North Korea's compliance with all 
     provisions of the Agreed Framework.
       (4) North Korea has violated the basic terms of the Agreed 
     Framework and the North-South Joint Declaration on the 
     Denuclearization of the Korean Peninsula by pursuing the 
     enrichment of uranium for the purpose of building a nuclear 
     weapon and by ``nuclearizing'' the Korean peninsula.
       (5) North Korea has admitted to having a covert nuclear 
     weapons program and declared the Agreed Framework nullified.
       (6) North Korea has announced its intention to restart the 
     5-megawatt reactor and related reprocessing facility at 
     Yongbyon, which were frozen under the Agreed Framework, and 
     has expelled the IAEA personnel monitoring the freeze.
       (7) North Korea has announced its intention to withdraw 
     from the Treaty on the Non-Proliferation of Nuclear Weapons, 
     done at Washington, London, and Moscow on July 1, 1968 (21 
     UST 483).
       (b) Sense of the Senate Regarding the Agreed Framework and 
     the North Korean Nuclear Weapons Program.--It is the sense of 
     the Senate that--
       (1) the Agreed Framework is, as a result of North Korea's 
     own illicit and deceitful actions over several years and 
     recent declaration, null and void;
       (2) North Korea's pursuit and development of nuclear 
     weapons--
       (A) is of grave concern and represents a serious threat to 
     the security of the United States, its regional allies, and 
     friends;
       (B) is a clear and present danger to United States forces 
     and personnel in the region and the United States homeland; 
     and
       (C) seriously undermines the security and stability of 
     Northeast Asia; and
       (3) North Korea must immediately come into compliance with 
     its obligations under the Treaty on the Non-Proliferation of 
     Nuclear Weapons and other commitments to the international 
     community by--
       (A) renouncing its nuclear weapons and materials production 
     ambitions;
       (B) dismantling its nuclear infrastructure and facilities;
       (C) transferring all sensitive nuclear materials, 
     technologies, and equipment (including nuclear devices in any 
     stage of development) to the IAEA forthwith; and
       (D) allowing immediate, full, and unfettered access by IAEA 
     inspectors to ensure that subparagraphs (A), (B), and (C) 
     have been fully and verifiably achieved; and
       (4) any diplomatic solution to the North Korean crisis--
       (A) should take into account that North Korea is not a 
     trustworthy negotiating partner;
       (B) must achieve the total dismantlement of North Korea's 
     nuclear weapons and nuclear production capability; and
       (C) must include highly intrusive verification 
     requirements, including on-site monitoring and free access 
     for the investigation of all sites of concern, that are no 
     less stringent than those imposed on Iraq pursuant to United 
     Nations Security Council Resolution 1441 (2002) and previous 
     corresponding resolutions.
       (c) Sense of the Senate.--It is further the sense of the 
     Senate that the United States, in conjunction with the 
     Republic of Korea and other allies in the Pacific region, 
     should take measures, including military reinforcements, 
     enhanced defense exercises and other steps as appropriate, to 
     ensure--
       (1) the highest possible level of deterrence against the 
     multiple threats that North Korea poses; and
       (2) the highest level of readiness of United States and 
     allied forces should military action become necessary.
       (d) Further Sense of the Senate.--It is further the sense 
     of the Senate that the Broadcasting Board of Governors should 
     ensure that Radio Free Asia will increase its broadcasting 
     with respect to North Korea to 24 hours each day.
       (e) Definitions.--In this section:
       (1) Agreed framework.--The term ``Agreed Framework'' means 
     the Agreed Framework Between the United States of America and 
     the Democratic People's Republic of Korea, signed in Geneva 
     on October 21, 1994, and the Confidential Minute to that 
     agreement.
       (2) IAEA.--The term ``IAEA'' means the International Atomic 
     Energy Agency.
       (3) North korea.--The term ``North Korea'' means the 
     Democratic People's Republic of Korea.
       (4) NPT.--The term ``NPT'' means the Treaty on the Non-
     Proliferation of Nuclear Weapons done at Washington, London, 
     and Moscow, July 1, 1968 (22 UST 483).
                                 ______
                                 
  SA 58. Ms. COLLINS (for herself and Mr. Bond) submitted an amendment 
intended to be proposed by her to the joint resolution H.J. Res. 2, 
making further continuing appropriations for the fiscal year 2003, and 
for other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ____. EXTENSION OF TEMPORARY INCREASE FOR HOME HEALTH 
                   SERVICES FURNISHED IN A RURAL AREA.

       (a) In General.--Section 508(a) of the Medicare, Medicaid, 
     and SCHIP Benefits Improvement and Protection Act of 2000 
     (114 Stat. 2763A-533), as enacted into law by section 1(a)(6) 
     of Public Law 106-554, is amended--
       (1) by striking ``24-Month Increase Beginning April 1, 
     2001'' and inserting ``In General'';
       (2) by striking ``April 1, 2003'' and inserting ``October 
     1, 2003''; and
       (3) by inserting before the period at the end the 
     following: ``(or 5 percent in the case of such services 
     furnished on or after April 1, 2003, and before October 1, 
     2003)''.
       (b) Conforming Amendment.--Section 547(c)(2) of the 
     Medicare, Medicaid, and SCHIP Benefits Improvement and 
     Protection Act of 2000 (114 Stat. 2763A-553), as enacted into 
     law by section 1(a)(6) of Public Law 106-554, is amended by 
     striking ``the period beginning on April 1, 2001, and ending 
     on September 30, 2002,'' and inserting ``a period under such 
     section''.
                                 ______
                                 
  SA 59. Mr. WYDEN (for himself, Mrs. Feinstein, Mr. Reid, Mrs. Boxer, 
Mr. Corzine, and Mr. Leahy) submitted an amendment intended to be 
proposed by him to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of title I of division M, add the following:
       Sec. 111. (a) Limitation on Use of Funds for Research and 
     Development on Total Information Awareness Program.--
     Notwithstanding any other provision of law, commencing 60 
     days after the date of the enactment of this Act, no funds 
     appropriated or otherwise made available to the Department of 
     Defense, whether to an element of the Defense Advanced 
     Research Projects Agency or any other element, or to any 
     other department, agency, or element of the Federal 
     Government, may be obligated or expended on research and 
     development on the Total Information Awareness program 
     unless--
       (1) the report described in subsection (b) is submitted to 
     Congress not later than 60 days after the date of the 
     enactment of this Act; or
       (2) the President certifies to Congress in writing, that--
       (A) the submittal of the report to Congress within 60 days 
     after the date of the enactment of this Act is not 
     practicable; and
       (B) the cessation of research and development on the Total 
     Information Awareness program would endanger the national 
     security of the United States.
       (b) Report.--The report described in this subsection is a 
     report, in writing, of the Secretary of Defense, the Attorney 
     General, and the Director of Central Intelligence, acting 
     jointly, that--
       (1) contains--
       (A) a detailed explanation of the actual and intended use 
     of funds for each project and activity of the Total 
     Information Awareness program, including an expenditure plan 
     for the use of such funds;
       (B) the schedule for proposed research and development on 
     each project and activity of the Total Information Awareness 
     program; and
       (C) target dates for the deployment of each project and 
     activity of the Total Information Awareness program;
       (2) assesses the likely efficacy of systems such as the 
     Total Information Awareness program in providing practically 
     valuable predictive assessments of the plans, intentions, or 
     capabilities of terrorists or terrorist groups;
       (3) assesses the likely impact of the implementation of a 
     system such as the Total Information Awareness program on 
     privacy and civil liberties; and

[[Page S1165]]

       (4) sets forth a list of the laws and regulations that 
     govern the information to be collected by the Total 
     Information Awareness program, and a description of any 
     modifications of such laws that will be required to use the 
     information in the manner proposed under such program;
       (5) includes recommendations, endorsed by the Attorney 
     General, for practices, procedures, regulations, or 
     legislation on the deployment, implementation, or use of the 
     Total Information Awareness program to eliminate or minimize 
     adverse effects of such program on privacy and other civil 
     liberties.
       (c) Limitation on Deployment of Total Information Awareness 
     Program.--(1) Notwithstanding any other provision of law and 
     except as provided in paragraph (2), if and when research and 
     development on the Total Information Awareness program, or 
     any component of such program, permits the deployment or 
     implementation of such program or component, no department, 
     agency, or element of the Federal Government may deploy or 
     implement such program or component, or transfer such program 
     or component to another department, agency, or element of the 
     Federal Government, until the Secretary of Defense--
       (A) notifies Congress of that development, including a 
     specific and detailed description of--
       (i) each element of such program or component intended to 
     be deployed or implemented; and
       (ii) the method and scope of the intended deployment or 
     implementation of such program or component (including the 
     data or information to be accessed or used); and
       (B) has received specific authorization by law from 
     Congress for the deployment or implementation of such program 
     or component, including--
       (i) a specific authorization by law for the deployment or 
     implementation of such program or component; and
       (ii) a specific appropriation by law of funds for the 
     deployment or implementation of such program or component.
       (2) The limitation in paragraph (1) shall not apply with 
     respect to the deployment or implementation of the Total 
     Information Awareness program, or a component of such 
     program, in support of the following:
       (A) Lawful military operations of the United States 
     conducted outside the United States.
       (B) Lawful foreign intelligence activities conducted wholly 
     overseas, or wholly against non-United States persons.
       (d) Sense of Congress.--It is the sense of Congress that--
       (1) the Total Information Awareness program should not be 
     used to develop technologies for use in conducting 
     intelligence activities or law enforcement activities against 
     United States persons without appropriate consultation with 
     Congress or without clear adherence to principles to protect 
     civil liberties and privacy; and
       (2) the primary purpose of the Defense Advanced Research 
     Projects Agency is to support the lawful activities of the 
     Department of Defense and the national security programs 
     conducted pursuant to the laws assembled for codification 
     purposes in title 50, United States Code.
       (e) Definitions.--In this section:
       (1) Total information awareness program.--The term ``Total 
     Information Awareness program''--
       (A) means the computer hardware and software components of 
     the program known as Total Information Awareness, any related 
     information awareness program, or any successor program under 
     the Defense Advanced Research Projects Agency or another 
     element of the Department of Defense; and
       (B) includes a program referred to in subparagraph (1), or 
     a component of such program, that has been transferred from 
     the Defense Advanced Research Projects Agency or another 
     element of the Department of Defense to any other department, 
     agency, or element of the Federal Government.
       (2) Non-united states person.--The term ``non-United States 
     person'' means any person other than a United States person.
       (3) United states person.--The term ``United States 
     person'' has the meaning given that term in section 101(i) of 
     the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C. 
     1801(i)).
                                 ______
                                 
  SA 60. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

  On page 141, line 14, strike ``basis.'' and insert ``basic; Provided 
further, That, notwithstanding any other provision of law, any person 
other than the owner (or a related person with respect to the owner) of 
the ships originally contracted under section 8109 of Public Law 105-
56, may document not more than 3 cruise ships constructed to completion 
in a shipyard located outside of the United States under the authority 
of this section if the owner meets the requirements of clause (1) of 
the third proviso of this section and the vessel meets the requirements 
of clauses (2), (3), (5) and (6) of that proviso.''.
                                 ______
                                 
  SA 61. Ms. MIKULSKI (for herself, Mr. Sarbanes, Mr. Dorgan, Mr. 
Durbin, Mr. Akaka, Mr. Bingaman, Mr. Feingold, Mr. Johnson, Mr. 
Kennedy, Mr. Kohl, and Mrs. Murray) submitted an amendment intended to 
be proposed by her to the joint resolution H.J. Res. 2, making further 
continuing appropriations for the fiscal year 2003, and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
       Sec. ____. None of the funds made available in this Act may 
     be used by an Executive agency to establish, apply, or 
     enforce any numerical goal, target, or quota for subjecting 
     the employees of the agency to public-private competitions or 
     converting such employees or the work performed by such 
     employees to private contractor performance under the Office 
     of Management and Budget Circular A-76 or any other 
     Administrative regulation, directive, or policy.
                                 ______
                                 
  SA 62. Mr. McCONNELL (for himself and Mr. Leahy) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 366, strike everything after ``the'' on line 3, 
     through ``Agency'' on line 4 and insert in lieu thereof:

     headings ``Trade and Development Agency'', ``International 
     Military Education and Training'', ``Foreign Military 
     Financing Program'', ``Migration and Refugee Assistance'', 
     and funds appropriated under the heading ``Nonproliferation, 
     Anti-Terrorism, Demining and Related Programs'' to carry out 
     the provisions of chapters 8 and 9 of part II of the Foreign 
     Assistance Act of 1961.
                                 ______
                                 
  SA 63. Mr. ALLARD (for himself and Mr. Campbell) submitted an 
amendment intended to be proposed by him to the joint resolution H.J. 
Res. 2, making further continuing appropriations for the fiscal year 
2003, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. ____. COST-SHARING REQUIREMENT FOR THE ARKANSAS VALLEY 
                   CONDUIT IN THE STATE OF COLORADO.

       (a) In General.--Section 7 of Public Law 87-590 (76 Stat. 
     393) is amended--
       (1) by striking ``Sec. 7.'' and inserting the following: 
     ``SEC. 7. AUTHORIZATION OF APPROPRIATIONS.'';
       (2) in the first sentence, by striking ``There is hereby 
     authorized'' and inserting the following:
       ``(a) Construction.--There is authorized'';
       (3) in the second sentence, by striking ``There are also'' 
     and inserting the following:
       ``(b) Operations and Maintenance.--There are''; and
       (4) by adding at the end the following:
       ``(c) Arkansas Valley Conduit.--
       ``(1) In general.--There are authorized to be appropriated 
     such sums as are necessary to pay the Federal share of the 
     costs of constructing the Arkansas Valley Conduit in 
     accordance with subsection (a) of the first section.
       ``(2) Non-federal share.--
       ``(A) In general.--The non-Federal share of the total costs 
     of construction (including design and engineering costs) of 
     the Arkansas Valley Conduit shall be not more than 25 
     percent.
       ``(B) Form.--The non-Federal share may be in the form of 
     in-kind contributions.''.
       (b) Applicability.--The amendments made by subsection (a) 
     apply to any costs of constructing the Arkansas Valley 
     Conduit incurred during fiscal year 2002 or any subsequent 
     fiscal year.
                                 ______
                                 
  SA 64. Ms. LANDRIEU submitted an amendment intended to be proposed by 
her to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 259, line 19, strike ``projects:'' and insert 
     ``projects; and of which $55,000,000 shall be available for 
     the Southeast Louisiana project (of which $15,000,000 shall 
     be derived by transfer from amounts made available under the 
     heading `Defense Environmental Restoration and Waste 
     Management'):''.
                                 ______
                                 
  SA 65. Mr. KYL submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

                        Wildland Fire Management

       On page 488, line 10, strike ``1,349,291,000'' and insert 
     ``$1,351,791,000.''
       On page 489, line 9, strike ``$3,624,000,'' and insert 
     ``$6,124,000.''
       On page 489, line 10, following ``restoration,'' insert 
     ``of which $2,500,000 shall be for rehabilitation and 
     restoration on the Apache-Sitgreaves National Forest.''

[[Page S1166]]

                            Land Acquisition

       On page 493, line 17, strike ``$148,263,000'', and insert 
     ``$145,763,000.''
                                 ______
                                 
  SA 66. Mr. KYL submitted an amendment intended to be proposed by him 
to the joint resolution H.J. Res. 2, making further continuing 
appropriations for the fiscal year 2003, and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 80, between lines 3 and 4, insert the following:

     SEC. 7____. EXEMPTION OF MILK HANDLERS FROM MINIMUM PRICE 
                   REQUIREMENTS.

       Section 8c(5) of the Agricultural Adjustment Act (7 U.S.C. 
     608c(5)), reenacted with amendments by the Agricultural 
     Marketing Agreement Act of 1937, is amended by adding at the 
     end the following:
       ``(M) Exemption of milk handlers from minimum price 
     requirements.--Notwithstanding any other provision of this 
     subsection, no handler with distribution of Class I milk 
     products in the Arizona-Las Vegas marketing area (Order No. 
     131) shall be exempt during any month from any minimum milk 
     price requirement established by the Secretary under this 
     subsection if the total distribution of Class I products 
     within the Arizona-Las Vegas marketing area of any handler's 
     own farm production exceeds the lesser of--
       ``(i) 3 percent of the total quantity of Class I products 
     distributed in the Arizona-Las Vegas marketing area (Order 
     No. 131); or
       ``(ii) 5,000,000 pounds.''.

                          ____________________