[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Pages S11110-S11122]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4050. Mr. FRIST (for Ms. Collins (for herself and Mr. Feingold)) 
proposed an amendment to the concurrent resolution S. Con. Res. 8, 
expressing the sense of Congress that there should be established a 
National Visiting Nurse Association Week; as follows:

       Strike all after the resolving clause and insert the 
     following:

     That it is the sense of Congress that there should be 
     established a National Visiting Nurse Association Week.
                                 ______
                                 
  SA 4051. Mr. FRIST (for Ms. Collins (for herself and Mr. Feingold)) 
submitted an amendment intended to be proposed by Mr. Frist to the 
concurrent resolution S. Con. Res. 8, expressing the sense of Congress 
that there should be established a National Visiting Nurse Association 
Week; as follows:

       Strike the preamble and insert the following:
       Whereas visiting nurse associations (``VNAs'') are 
     nonprofit home health agencies that, for more than 120 years, 
     have been united in their mission to provide cost-effective 
     and compassionate home and community-based health care to 
     individuals, regardless of the individuals' condition or 
     ability to pay for services;
       Whereas there are approximately 500 visiting nurse 
     associations, which employ more than 90,000 clinicians, 
     provide health care to more than 4,000,000 people each year, 
     and provide a critical safety net in communities by 
     developing a network of community support services that 
     enable individuals to live independently at home;
       Whereas visiting nurse associations have historically 
     served as primary public health care providers in their 
     communities, and are today one of the largest providers of 
     mass immunizations in the medicare program (delivering more 
     than 2,500,000 influenza immunizations annually);
       Whereas visiting nurse associations are often the home 
     health providers of last resort, serving the most chronic of 
     conditions (such as congestive heart failure, chronic 
     obstructive pulmonary disease, AIDS, and quadriplegia) and 
     individuals with the least ability to pay for services (more 
     than 50 percent of all medicaid home health admissions are by 
     visiting nurse associations);
       Whereas any visiting nurse association budget surplus is 
     reinvested in supporting the association's mission through 
     services, including charity care, adult day care centers, 
     wellness clinics, Meals-on-Wheels, and immunization programs;
       Whereas visiting nurse associations and other nonprofit 
     home health agencies care for the highest percentage of 
     terminally ill and bedridden patients;
       Whereas thousands of visiting nurse association volunteers 
     across the Nation devote time serving as individual agency 
     board members, raising funds, visiting patients in their 
     homes, assisting in wellness clinics, and delivering meals to 
     patients;
       Whereas the establishment of a National Visiting Nurse 
     Association Week would increase public awareness of the 
     charity-based missions of visiting nurse associations and of 
     their ability to meet the needs of chronically ill and 
     disabled individuals who prefer to live at home rather than 
     in a nursing home, and would spotlight preventive health 
     clinics, adult day care programs, and other customized 
     wellness programs that meet local community needs; and
       Whereas the second week of May 2005 is an appropriate week 
     to establish as National Visiting Nurse Association Week: 
     Now, therefore, be it
                                 ______
                                 
  SA 4052. Mr. FRIST (for Ms. Collins (for herself and Mr. Feingold)) 
proposed an amendment to the concurrent resolution S. Con. Res. 8, 
expressing the sense of Congress that there should be established a 
National Visiting Nurse Association Week''; as follows:

       Amend the title so as to read: ``Expressing the sense of 
     Congress that there should be established a National Visiting 
     Nurse Association Week.''
                                 ______
                                 
  SA 4053. Mr. FRIST (for Mr. Alexander (for himself, Mr. Bingaman, and 
Mr. Domenici)) proposed an amendment to the bill H.R. 4516, to require 
the Secretary of Energy to carry out a program of research and 
development to advance high-end computing; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

        This Act may be cited as the ``Department of Energy High-
     End Computing Revitalization Act of 2004''.

     SEC. 2. DEFINITIONS.

        In this Act:
       (1) Center.--The term ``Center'' means a High-End Software 
     Development Center established under section 3(d).
       (2) High-end computing system.--The term ``high-end 
     computing system'' means a computing system with performance 
     that substantially exceeds that of systems that are commonly 
     available for advanced scientific and engineering 
     applications.
       (3) Leadership system.--The term ``Leadership System'' 
     means a high-end computing system that is among the most 
     advanced in the world in terms of performance in solving 
     scientific and engineering problems.
       (4) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)).
       (5) Secretary.--The term ``Secretary'' means the Secretary 
     of Energy, acting through the Director of the Office of 
     Science of the Department of Energy.

     SEC. 3. DEPARTMENT OF ENERGY HIGH-END COMPUTING RESEARCH AND 
                   DEVELOPMENT PROGRAM.

       (a) In General.--The Secretary shall--
       (1) carry out a program of research and development 
     (including development of software and hardware) to advance 
     high-end computing systems; and
       (2) develop and deploy high-end computing systems for 
     advanced scientific and engineering applications.
       (b) Program.--The program shall--
       (1) support both individual investigators and 
     multidisciplinary teams of investigators;
       (2) conduct research in multiple architectures, which may 
     include vector, reconfigurable logic, streaming, processor-
     in-memory, and multithreading architectures;
       (3) conduct research on software for high-end computing 
     systems, including research on algorithms, programming 
     environments, tools, languages, and operating systems for 
     high-end computing systems, in collaboration with 
     architecture development efforts;
       (4) provide for sustained access by the research community 
     in the United States to high-end computing systems and to 
     Leadership Systems, including provision of technical support 
     for users of such systems;
       (5) support technology transfer to the private sector and 
     others in accordance with applicable law; and
       (6) ensure that the high-end computing activities of the 
     Department of Energy are coordinated with relevant activities 
     in industry and with other Federal agencies, including the 
     National Science Foundation, the Defense Advanced Research 
     Projects Agency, the National Nuclear Security 
     Administration, the National Security Agency, the National 
     Institutes of Health, the National Aeronautics and Space 
     Administration, the National Oceanic and Atmospheric 
     Administration, the National Institutes of Standards and 
     Technology, and the Environmental Protection Agency.
       (c) Leadership Systems Facilities.--
       (1) In general.--As part of the program carried out under 
     this Act, the Secretary shall establish and operate 1 or more 
     Leadership Systems facilities to--
       (A) conduct advanced scientific and engineering research 
     and development using Leadership Systems; and
       (B) develop potential advancements in high-end computing 
     system hardware and software.

[[Page S11111]]

       (2) Administration.--In carrying out this subsection, the 
     Secretary shall provide to Leadership Systems, on a 
     competitive, merit-reviewed basis, access to researchers in 
     United States industry, institutions of higher education, 
     national laboratories, and other Federal agencies.
       (d) High-End Software Development Center.--
       (1) In general.--As part of the program carried out under 
     this Act, the Secretary shall establish at least 1 High-End 
     Software Development Center.
       (2) Duties.--A Center shall concentrate efforts to develop, 
     test, maintain, and support optimal algorithms, programming 
     environments, tools, languages, and operating systems for 
     high-end computing systems.
       (3) Proposals.--In soliciting proposals for the Center, the 
     Secretary shall encourage staffing arrangements that include 
     both permanent staff and a rotating staff of researchers from 
     other institutions and industry to assist in coordination of 
     research efforts and promote technology transfer to the 
     private sector.
       (4) Use of expertise.--The Secretary shall use the 
     expertise of a Center to assess research and development in 
     high-end computing system architecture.
       (5) Selection.--The selection of a Center shall be 
     determined by a competitive proposal process administered by 
     the Secretary.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

        In addition to amounts otherwise made available for high-
     end computing, there are authorized to be appropriated to the 
     Secretary to carry out this Act--
       (1) $50,000,000 for fiscal year 2005;
       (2) $55,000,000 for fiscal year 2006; and
       (3) $60,000,000 for fiscal year 2007.

     SEC. 5. ASTRONOMY AND ASTROPHYSICS ADVISORY COMMITTEE.

       (a) Amendments.--Section 23 of the National Science 
     Foundation Authorization Act of 2002 (42 U.S.C. 1862n-9) is 
     amended--
       (1) in subsection (a) and paragraphs (1) and (2) of 
     subsection (b), by striking ``and the National Aeronautics 
     and Space Administration'' and inserting ``, the National 
     Aeronautics and Space Administration, and the Department of 
     Energy'';
       (2) in subsection (b)(3), by striking ``Administration, 
     and'' and inserting ``Administration, the Secretary of 
     Energy, '';
       (3) in subsection (c)--
       (A) in paragraphs (1) and (2), by striking ``5'' and 
     inserting ``4'';
       (B) in paragraph (2), by striking ``and'' at the end;
       (C) by redesignating paragraph (3) as paragraph (4), and in 
     that paragraph by striking ``3'' and inserting ``2''; and
       (D) by inserting after paragraph (2) the following:
       ``(3) 3 members selected by the Secretary of Energy;'' and
       (4) in subsection (f), by striking ``the advisory bodies of 
     other Federal agencies, such as the Department of Energy, 
     which may engage in related research activities'' and 
     inserting ``other Federal advisory committees that advise 
     Federal agencies that engage in related research 
     activities''.
       (b) Effective Date.--The amendments made by subsection (a) 
     take effect on March 15, 2005.

     SEC. 6. REMOVAL OF SUNSET PROVISION FROM SAVINGS IN 
                   CONSTRUCTION ACT OF 1996.

        Section 14 of the Metric Conversion Act of 1975 (15 U.S.C. 
     205l) is amended by striking subsection (e).
                                 ______
                                 
  SA 4054. Mr. FRIST (for Mr. Ensign (for himself and Mr. Reid)) 
proposed an amendment to the bill H.R. 4593, to establish wilderness 
areas, promote conservation, improve public land, and provide for the 
high quality development in Lincoln County, Nevada, and for other 
purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

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

     SEC. 2. SHORT TITLE.

       This Act may be cited as the ``Lincoln County Conservation, 
     Recreation, and Development Act of 2004''.

                         TITLE I--LAND DISPOSAL

     SEC. 101. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Lincoln County, 
     Nevada.
       (2) Map.--The term ``map'' means the map entitled ``Lincoln 
     County Conservation, Recreation, and Development Act Map'' 
     and dated October 1, 2004.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (4) Special account.--The term ``special account'' means 
     the special account established under section 103(b)(3).

     SEC. 102. CONVEYANCE OF LINCOLN COUNTY LAND.

       (a) In General.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1711, 1712), the Secretary, in cooperation with the County, 
     in accordance with that Act, this title, and other applicable 
     law and subject to valid existing rights, shall conduct sales 
     of--
       (1) the land described in subsection (b)(1) to qualified 
     bidders not later than 75 days after the date of the 
     enactment of this Act; and
       (2) the land described in subsection (b)(2) to qualified 
     bidders as such land becomes available for disposal.
       (b) Description of Land.--The land referred to in 
     subsection (a) consists of--
       (1) the land identified on the map as Tract A and Tract B 
     totaling approximately 13,328 acres; and
       (2) not more than 90,000 acres of Bureau of Land Management 
     managed public land in Lincoln County that is not segregated 
     or withdrawn on the date of enactment of this Act or 
     thereafter, and that is identified for disposal by the BLM 
     either through--
       (A) the Ely Resource Management Plan (intended to be 
     finalized in 2005); or
       (B) a subsequent amendment to that land use plan undertaken 
     with full public involvement.
       (c) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (3) the Ely Field Office of the Bureau of Land Management; 
     and
       (4) the Caliente Field Station of the Bureau of Land 
     Management.
       (d) Joint Selection Required.--The Secretary and the County 
     shall jointly select which parcels of land described in 
     subsection (b)(2) to offer for sale under subsection (a).
       (e) Compliance With Local Planning and Zoning Laws.--Before 
     a sale of land under subsection (a), the County shall submit 
     to the Secretary a certification that qualified bidders have 
     agreed to comply with--
       (1) County and city zoning ordinances; and
       (2) any master plan for the area approved by the County.
       (f) Method of Sale; Consideration.--The sale of land under 
     subsection (a) shall be--
       (1) consistent with section 203(d) and 203(f) of the 
     Federal Land Management Policy Act of 1976 (43 U.S.C. 1713(d) 
     and (f));
       (2) through a competitive bidding process unless otherwise 
     determined by the Secretary; and
       (3) for not less than fair market value.
       (g) Withdrawal.--
       (1) In general.--Subject to valid existing rights and 
     except as provided in paragraph (2), the land described in 
     subsection (b) is withdrawn from--
       (A) all forms of entry and appropriation under the public 
     land laws, including the mining laws;
       (B) location, entry, and patent under the mining laws; and
       (C) operation of the mineral leasing and geothermal leasing 
     laws.
       (2) Exception.--Paragraph (1)(A) shall not apply to a 
     competitive sale or an election by the County to obtain the 
     land described in subsection (b) for public purposes under 
     the Act of June 14, 1926 (43 U.S.C. 869 et seq; commonly 
     known as the ``Recreation and Public Purposes Act'').
       (h) Deadline for Sale.--
       (1) In general.--Except as provided in paragraph (2), the 
     Secretary shall--
       (A) notwithstanding the Lincoln County Land Act of 2000 
     (114 Stat. 1046), not later than 75 days after the date of 
     the enactment of this Act, offer by sale the land described 
     in subsection (b)(1) if there is a qualified bidder for such 
     land; and
       (B) offer for sale annually lands identified for sale in 
     subsection (b)(2) until such lands are disposed of or unless 
     the county requests a postponement under paragraph (2).
       (2) Postponement; exclusion from sale.--
       (A) Request by county for postponement or exclusion.--At 
     the request of the County, the Secretary shall postpone or 
     exclude from the sale all or a portion of the land described 
     in subsection (b)(2).
       (B) Indefinite postponement.--Unless specifically requested 
     by the County, a postponement under subparagraph (A) shall 
     not be indefinite.

     SEC. 103. DISPOSITION OF PROCEEDS.

       (a) Initial Land Sale.--Section 5 of the Lincoln County 
     Land Act of 2000 (114 Stat. 1047) shall apply to the 
     disposition of the gross proceeds from the sale of land 
     described in section 102(b)(1).
       (b) Disposition of Proceeds.--Proceeds from sales of lands 
     described in section 102(b)(2) shall be disbursed as 
     follows--
       (1) 5 percent shall be paid directly to the state for use 
     in the general education program of the State;
       (2) 10 percent shall be paid to the County for use for fire 
     protection, law enforcement, public safety, housing, social 
     services, and transportation; and
       (3) the remainder shall be deposited in a special account 
     in the Treasury of the United States and shall be available 
     without further appropriation to the Secretary until expended 
     for--
       (A) the reimbursement of costs incurred by the Nevada State 
     office and the Ely Field Office of the Bureau of Land 
     Management for preparing for the sale of land described in 
     section 102(b) including surveys appraisals, compliance with 
     the National Environmental Policy Act of 1969 (42 U.S.C. 
     4321) and compliance with the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1711, 1712);
       (B) the inventory, evaluation, protection, and management 
     of unique archaeological resources (as defined in section 3 
     of the Archaeological Resources Protection Act of 19792 (16 
     U.S.C. 470bb)) of the County;
       (C) the development and implementation of a multispecies 
     habitat conservation plan for the County;

[[Page S11112]]

       (D) processing of public land use authorizations and 
     rights-of-way relating to the development of land conveyed 
     under section 102(a) of this Act;
       (E) processing the Silver State OHV trail and implementing 
     the management plan required by section 151(c)(2) of this 
     Act; and
       (F) processing wilderness designation, including but not 
     limited to, the costs of appropriate fencing, signage, public 
     education, and enforcement for the wilderness areas 
     designated.
       (c) Investment of Special Account.--Any amounts deposited 
     in the special account shall earn interest in an amount 
     determined by the Secretary of the Treasury on the basis of 
     the current average market yield on outstanding marketable 
     obligations of the United States of comparable maturities, 
     and may be expended according to the provisions of this 
     section.

                       TITLE II--WILDERNESS AREAS

     SEC. 111. FINDINGS.

       Congress finds that--
       (1) public land in the County contains unique and 
     spectacular natural resources, including--
       (A) priceless habitat for numerous species of plants and 
     wildlife; and
       (B) thousands of acres of land that remain in a natural 
     state; and
       (2) continued preservation of those areas would benefit the 
     County and all of the United States by--
       (A) ensuring the conservation of ecologically diverse 
     habitat;
       (B) protecting prehistoric cultural resources;
       (C) conserving primitive recreational resources; and
       (D) protecting air and water quality.

     SEC. 112. DEFINITIONS.

       In this title:
       (1) County.--The term ``County'' means Lincoln County, 
     Nevada.
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Nevada.

     SEC. 113. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION 
                   SYSTEM.

       (a) Additions.--The following land in the State is 
     designated as wilderness and as components of the National 
     Wilderness Preservation System:
       (1) Mormon mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 157,938 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Mormon 
     Mountains Wilderness''.
       (2) Meadow valley range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 123,488 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Meadow Valley 
     Range Wilderness''.
       (3) Delamar mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 111,328 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Delamar 
     Mountains Wilderness''.
       (4) Clover mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 85,748 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Clover 
     Mountains Wilderness''.
       (5) South pahroc range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 25,800 acres, as generally depicted on the map 
     entitled ``Western Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``South Pahroc 
     Range Wilderness''.
       (6) Worthington mountains wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,664 acres, as generally depicted on the map 
     entitled ``Western Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Worthington 
     Mountains Wilderness''.
       (7) Weepah spring wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     51,480 acres, as generally depicted on the map entitled 
     ``Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Weepah Spring 
     Wilderness''.
       (8) Parsnip peak wilderness.--Certain Federal land managed 
     by the Bureau of Land Management, comprising approximately 
     43,693 acres, as generally depicted on the map entitled 
     ``Northern Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Parsnip Peak 
     Wilderness''.
       (9) White rock range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 24,413 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``White Rock 
     Range Wilderness''.
       (10) Fortification range wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 30,656 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Fortification 
     Range Wilderness''.
       (11) Far south egans wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 36,384 acres, as generally depicted on the map 
     entitled ``Northern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Far South 
     Egans Wilderness''.
       (12) Tunnel spring wilderness.--Certain Federal land 
     managed by the Bureau of Land Management, comprising 
     approximately 5,371 acres, as generally depicted on the map 
     entitled ``Southern Lincoln County Wilderness Map'', dated 
     October 1, 2004, which shall be known as the ``Tunnel Spring 
     Wilderness''.
       (13) Big rocks wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     12,997 acres, as generally depicted on the map entitled 
     ``Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ``Big Rocks Wilderness''.
       (14) Mt. irish wilderness.--Certain Federal land managed by 
     the Bureau of Land Management, comprising approximately 
     28,334 acres, as generally depicted on the map entitled 
     ''Western Lincoln County Wilderness Map'', dated October 1, 
     2004, which shall be known as the ''Mt. Irish Wilderness''.
       (b) Boundary.--The boundary of any portion of a wilderness 
     area designated by subsection (a) that is bordered by a road 
     shall be at least 100 feet from the edge of the road to allow 
     public access.
       (c) Map and Legal Description.--
       (1) In general.--As soon as practicable after the date of 
     enactment of this Act, the Secretary shall file a map and 
     legal description of each wilderness area designated by 
     subsection (a) with the Committee on Resources of the House 
     of Representatives and the Committee on Energy and Natural 
     Resources of the Senate.
       (2) Effect.--Each map and legal description shall have the 
     same force and effect as if included in this section, except 
     that the Secretary may correct clerical and typographical 
     errors in the map or legal description.
       (3) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (C) the Ely Field Office of the Bureau of Land Management; 
     and
       (D) the Caliente Field Station of the Bureau of Land 
     Management.
       (d) Withdrawal.--Subject to valid existing rights, the 
     wilderness areas designated by subsection (a) are withdrawn 
     from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing and geothermal leasing 
     laws.

     SEC. 114. ADMINISTRATION.

       (a) Management.--Subject to valid existing rights, each 
     area designated as wilderness by this title shall be 
     administered by the Secretary in accordance with the 
     Wilderness Act (16 U.S.C. 1131 et seq.), except that--
       (1) any reference in that Act to the effective date shall 
     be considered to be a reference to the date of the enactment 
     of this Act; and
       (2) any reference in that Act to the Secretary of 
     Agriculture shall be considered to be a reference to the 
     Secretary of the Interior.
       (b) Livestock.--Within the wilderness areas designated 
     under this title that are administered by the Bureau of Land 
     Management, the grazing of livestock in areas in which 
     grazing is established as of the date of enactment of this 
     Act shall be allowed to continue, subject to such reasonable 
     regulations, policies, and practices that the Secretary 
     considers necessary, consistent with section 4(d)(4) of the 
     Wilderness Act (16 U.S.C. 1133(d)(4)), including the 
     guidelines set forth in Appendix A of House Report 101-405.
       (c) Incorporation of Acquired Land and Interests.--Any land 
     or interest in land within the boundaries of an area 
     designated as wilderness by this title that is acquired by 
     the United States after the date of the enactment of this Act 
     shall be added to and administered as part of the wilderness 
     area within which the acquired land or interest is located.
       (d) Water Rights.--
       (1) Findings.--Congress finds that--
       (A) the land designated as Wilderness by this title is 
     within the Northern Mojave and Great Basin Deserts, is arid 
     in nature, and includes ephemeral streams;
       (B) the hydrology of the land designated as wilderness by 
     this title is predominantly characterized by complex flow 
     patterns and alluvial fans with impermanent channels;
       (C) the subsurface hydrogeology of the region is 
     characterized by ground water subject to local and regional 
     flow gradients and unconfined and artesian conditions;
       (D) the land designated as wilderness by this title is 
     generally not suitable for use or development of new water 
     resource facilities; and
       (E) because of the unique nature and hydrology of the 
     desert land designated as wilderness by this title, it is 
     possible to provide for proper management and protection of 
     the

[[Page S11113]]

     wilderness and other values of lands in ways different from 
     those used in other legislation.
       (2) Statutory construction.--Nothing in this title--
       (A) shall constitute or be construed to constitute either 
     an express or implied reservation by the United States of any 
     water or water rights with respect to the land designated as 
     wilderness by this title;
       (B) shall affect any water rights in the State existing on 
     the date of the enactment of this Act, including any water 
     rights held by the United States;
       (C) shall be construed as establishing a precedent with 
     regard to any future wilderness designations;
       (D) shall affect the interpretation of, or any designation 
     made pursuant to, any other Act; or
       (E) shall be construed as limiting, altering, modifying, or 
     amending any of the interstate compacts or equitable 
     apportionment decrees that apportion water among and between 
     the State and other States.
       (3) Nevada water law.--The Secretary shall follow the 
     procedural and substantive requirements of the law of the 
     State in order to obtain and hold any water rights not in 
     existence on the date of enactment of this Act with respect 
     to the wilderness areas designated by this title.
       (4) New projects.--
       (A) Water resource facility.--As used in this paragraph, 
     the term ``water resource facility''--
       (i) means irrigation and pumping facilities, reservoirs, 
     water conservation works, aqueducts, canals, ditches, 
     pipelines, wells, hydropower projects, and transmission and 
     other ancillary facilities, and other water diversion, 
     storage, and carriage structures; and
       (ii) does not include wildlife guzzlers.
       (B) Restriction on new water resource facilities.--Except 
     as otherwise provided in this Act, on and after the date of 
     the enactment of this Act, neither the President nor any 
     other officer, employee, or agent of the United States shall 
     fund, assist, authorize, or issue a license or permit for the 
     development of any new water resource facility within the 
     wilderness areas designated by this Act.

     SEC. 115. ADJACENT MANAGEMENT.

       (a) In General.--Congress does not intend for the 
     designation of wilderness in the State pursuant to this title 
     to lead to the creation of protective perimeters or buffer 
     zones around any such wilderness area.
       (b) Nonwilderness Activities.--The fact that nonwilderness 
     activities or uses can be seen or heard from areas within a 
     wilderness designated under this title shall not preclude the 
     conduct of those activities or uses outside the boundary of 
     the wilderness area.

     SEC. 116. MILITARY OVERFLIGHTS.

       Nothing in this title restricts or precludes--
       (1) low-level overflights of military aircraft over the 
     areas designated as wilderness by this title, including 
     military overflights that can be seen or heard within the 
     wilderness areas;
       (2) flight testing and evaluation; or
       (3) the designation or creation of new units of special use 
     airspace, or the establishment of military flight training 
     routes, over the wilderness areas.

     SEC. 117. NATIVE AMERICAN CULTURAL AND RELIGIOUS USES.

       Nothing in this title shall be construed to diminish the 
     rights of any Indian tribe. Nothing in this title shall be 
     construed to diminish tribal rights regarding access to 
     Federal land for tribal activities, including spiritual, 
     cultural, and traditional food-gathering activities.

     SEC. 118. RELEASE OF WILDERNESS STUDY AREAS.

       (a) Finding.--Congress finds that, for the purposes of 
     section 603 of the Federal Land Policy and Management Act of 
     1976 (43 U.S.C. 1782), the public land in the County 
     administered by the Bureau of Land Management in the 
     following areas has been adequately studied for wilderness 
     designation:
       (1) The Table Mountain Wilderness Study Area.
       (2) Evergreen A, B, and C Wilderness Study Areas.
       (3) Any portion of the wilderness study areas--
       (A) not designated as wilderness by section 114(a); and
       (B) depicted as released on--
       (i) the map entitled ``Northern Lincoln County Wilderness 
     Map'' and dated October 1, 2004;
       (ii) the map entitled ``Southern Lincoln County Wilderness 
     Map'' and dated October 1, 2004; or
       (iii) the map entitled ``Western Lincoln County Wilderness 
     Map'' and dated October 1, 2004.
       (b) Release.--Any public land described in subsection (a) 
     that is not designated as wilderness by this title--
       (1) is no longer subject to section 603(c) of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
       (2) shall be managed in accordance with--
       (A) land management plans adopted under section 202 of that 
     Act (43 U.S.C. 1712); and
       (B) existing cooperative conservation agreements; and
       (3) shall be subject to the Endangered Species Act of 1973 
     (16 U.S.C. 1531 et seq.).

     SEC. 119. WILDLIFE MANAGEMENT.

       (a) In General.--In accordance with section 4(d)(7) of the 
     Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title 
     affects or diminishes the jurisdiction of the State with 
     respect to fish and wildlife management, including the 
     regulation of hunting, fishing, and trapping, in the 
     wilderness areas designated by this title.
       (b) Management Activities.--In furtherance of the purposes 
     and principles of the Wilderness Act, management activities 
     to maintain or restore fish and wildlife populations and the 
     habitats to support such populations may be carried out 
     within wilderness areas designated by this title where 
     consistent with relevant wilderness management plans, in 
     accordance with appropriate policies such as those set forth 
     in Appendix B of House Report 101-405, including the 
     occasional and temporary use of motorized vehicles, if such 
     use, as determined by the Secretary, would promote healthy, 
     viable, and more naturally distributed wildlife populations 
     that would enhance wilderness values and accomplish those 
     purposes with the minimum impact necessary to reasonably 
     accomplish the task.
       (c) Existing Activities.--Consistent with section 4(d)(1) 
     of the Wilderness Act (16 U.S.C. 1133(d)) and in accordance 
     with appropriate policies such as those set forth in Appendix 
     B of House Report 101-405, the State may continue to use 
     aircraft, including helicopters, to survey, capture, 
     transplant, monitor, and provide water for wildlife 
     populations, including bighorn sheep, and feral stock, 
     horses, and burros.
       (d) Wildlife Water Development Projects.--Subject to 
     subsection (f), the Secretary shall authorize structures and 
     facilities, including existing structures and facilities, for 
     wildlife water development projects, including guzzlers, in 
     the wilderness areas designated by this Act if--
       (1) the structures and facilities will, as determined by 
     the Secretary, enhance wilderness values by promoting 
     healthy, viable, and more naturally distributed wildlife 
     populations; and
       (2) the visual impacts of the structures and facilities on 
     the wilderness areas can reasonably be minimized.
       (e) Hunting, Fishing, and Trapping.--In consultation with 
     the appropriate State agency (except in emergencies), the 
     Secretary may designate by regulation areas in which, and 
     establish periods during which, for reasons of public safety, 
     administration, or compliance with applicable laws, no 
     hunting, fishing, or trapping will be permitted in the 
     wilderness areas designated by this Act.
       (f) Cooperative Agreement.--The terms and conditions under 
     which the State, including a designee of the State, may 
     conduct wildlife management activities in the wilderness 
     areas designated by this title are specified in the 
     cooperative agreement between the Secretary and the State, 
     entitled ``Memorandum of Understanding between the Bureau of 
     Land Management and the Nevada Department of Wildlife 
     Supplement No. 9,'' and signed November and December 2003, 
     including any amendments to that document agreed upon by the 
     Secretary and the State and subject to all applicable laws 
     and regulations. Any references to Clark County in that 
     document shall also be deemed to be referred to and shall 
     apply to Lincoln County, Nevada.

     SEC. 120. WILDFIRE MANAGEMENT.

       Consistent with section 4 of the Wilderness Act (16 U.S.C. 
     1133), nothing in this title precludes a Federal, State, or 
     local agency from conducting wildfire management operations 
     (including operations using aircraft or mechanized equipment) 
     to manage wildfires in the wilderness areas designated by 
     this title.

     SEC. 121. CLIMATOLOGICAL DATA COLLECTION.

       Subject to such terms and conditions as the Secretary may 
     prescribe, nothing in this title precludes the installation 
     and maintenance of hydrologic, meteorologic, or 
     climatological collection devices in the wilderness areas 
     designated by this title if the facilities and access to the 
     facilities are essential to flood warning, flood control, and 
     water reservoir operation activities.

                      TITLE III--UTILITY CORRIDORS

     SEC. 131. UTILITY CORRIDOR AND RIGHTS-OF-WAY.

       (a) Utility Corridor.--
       (1) In general.--Consistent with title II and 
     notwithstanding sections 202 and 503 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1711, 1763), the 
     Secretary of the Interior (referred to in this section as the 
     ``Secretary'') shall establish on public land a 2,640-foot 
     wide corridor for utilities in Lincoln County and Clark 
     County, Nevada, as generally depicted on the map entitled 
     ``Lincoln County Conservation, Recreation, and Development 
     Act'', and dated October 1, 2004.
       (2) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (A) the Office of the Director of the Bureau of Land 
     Management;
       (B) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (C) the Ely Field Office of the Bureau of Land Management; 
     and
       (D) the Caliente Field Station of the Bureau of Land 
     Management.
       (b) Rights-of-Way.--
       (1) In general.--Notwithstanding sections 202 and 503 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1711, 1763), and subject to valid and existing rights, the 
     Secretary shall grant to the Southern Nevada Water Authority 
     and the Lincoln County Water District nonexclusive rights-of-
     way to Federal land in Lincoln County and Clark

[[Page S11114]]

     County, Nevada, for any roads, wells, well fields, pipes, 
     pipelines, pump stations, storage facilities, or other 
     facilities and systems that are necessary for the 
     construction and operation of a water conveyance system, as 
     depicted on the map.
       (2) Applicable law.--A right-of-way granted under paragraph 
     (1) shall be granted in perpetuity and shall not require the 
     payment of rental.
       (3) Compliance with nepa.--Before granting a right-of-way 
     under paragraph (1), the Secretary shall comply with the 
     National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
     seq.), including the identification and consideration of 
     potential impacts to fish and wildlife resources and habitat.
       (c) Withdrawal.--Subject to valid existing rights, the 
     utility corridors designated by subsection (a) are withdrawn 
     from--
       (1) all forms of entry, appropriation, and disposal under 
     the public land laws;
       (2) location, entry, and patent under the mining laws; and
       (3) operation of the mineral leasing and geothermal leasing 
     laws.
       (d) State Water Law.--Nothing in this title shall--
       (1) prejudice the decisions or abrogate the jurisdiction of 
     the Nevada or Utah State Engineers with respect to the 
     appropriation, permitting, certification, or adjudication of 
     water rights;
       (2) preempt Nevada or Utah State water law; or
       (3) limit or supersede existing water rights or interest in 
     water rights under Nevada or Utah State law.
       (e) Water Resources Study.--
       (1) In general.--The Secretary, acting through the United 
     States Geological Survey, the Desert Research Institute, and 
     a designee from the State of Utah shall conduct a study to 
     investigate ground water quantity, quality, and flow 
     characteristics in the deep carbonate and alluvial aquifers 
     of White Pine County, Nevada, and any groundwater basins that 
     are located in White Pine County, Nevada, or Lincoln County, 
     Nevada, and adjacent areas in Utah. The study shall--
       (A) focus on a review of existing data and may include new 
     data;
       (B) determine the approximate volume of water stored in 
     aquifers in those areas;
       (C) determine the discharge and recharge characteristics of 
     each aquifer system;
       (D) determine the hydrogeologic and other controls that 
     govern the discharge and recharge of each aquifer system; and
       (E) develop maps at a consistent scale depicting aquifer 
     systems and the recharge and discharge areas of such systems.
       (2) Timing; availability.--The Secretary shall complete a 
     draft of the water resources report required under paragraph 
     (1) not later than 30 months after the date of the enactment 
     of this Act. The Secretary shall then make the draft report 
     available for public comment for a period of not less than 60 
     days. The final report shall be submitted to the Committee on 
     Resources in the House of Representatives and the Committee 
     on Energy and Natural Resources in the Senate and made 
     available to the public not later than 36 months after the 
     date of the enactment of this Act.
       (3) Agreement.--Prior to any transbasin diversion from 
     ground-water basins located within both the State of Nevada 
     and the State of Utah, the State of Nevada and the State of 
     Utah shall reach an agreement regarding the division of water 
     resources of those interstate ground-water flow system(s) 
     from which water will be diverted and used by the project. 
     The agreement shall allow for the maximum sustainable 
     beneficial use of the water resources and protect existing 
     water rights.
       (4) Funding.--Section 4(e)(3)(A) of the Southern Nevada 
     Public Land Management Act of 1998 (112 Stat. 2346; 116 Stat. 
     2007; 117 Stat. 1317) is amended--
       (A) in clauses (ii), (iv), and (v), by striking ``County'' 
     each place it appears and inserting ``and Lincoln Counties'';
       (B) in clause (vi), by striking ``and'' at the end;
       (C) by redesignating clause (vii) as clause (viii); and
       (D) by inserting after clause (vi) the following:
       ``(vii) for development of a water study for Lincoln and 
     White Pine Counties, Nevada, in an amount not to exceed 
     $6,000,000; and''.

     SEC. 132. RELOCATION OF RIGHT-OF-WAY AND UTILITY CORRIDORS 
                   LOCATED IN CLARK AND LINCOLN COUNTIES IN THE 
                   STATE OF NEVADA.

       (a) Definitions.--In this section:
       (1) Agreement.--The term ``Agreement'' means the land 
     exchange agreement between Aerojet-General Corporation and 
     the United States, dated July 14, 1988.
       (2) Corridor.--The term ``corridor'' means--
       (A) the right-of-way corridor that is--
       (i) identified in section 5(b)(1) of the Nevada-Florida 
     Land Exchange Authorization Act of 1988 (102 Stat. 55); and
       (ii) described in section 14(a) of the Agreement;
       (B) such portion of the utility corridor identified in the 
     1988 Las Vegas Resource Management Plan located south of the 
     boundary of the corridor described in subparagraph (A) as is 
     necessary to relocate the right-of-way corridor to the area 
     described in subsection (c)(2); and
       (C) such portion of the utility corridor identified in the 
     2000 Caliente Management Framework Plan Amendment located 
     north of the boundary of the corridor described in 
     subparagraph (A) as is necessary to relocate the right-of-way 
     corridor to the area described in subsection (c)(2).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Relinquishment and Fair Market Value.--
       (1) In general.--The Secretary shall, in accordance with 
     this section, relinquish all right, title, and interest of 
     the United States in and to the corridor on receipt of a 
     payment in an amount equal to the fair market value of the 
     corridor (plus any costs relating to the right-of-way 
     relocation described in this title).
       (2) Fair market value.--
       (A) The fair market value of the corridor shall be equal to 
     the amount by which the value of the discount described in 
     the 1988 appraisal of the corridor that was applied to the 
     land underlying the corridor has increased, as determined by 
     the Secretary using the multiplier determined under 
     subparagraph (B).
       (B) Not later than 60 days after the date of the enactment 
     of this Act, the Appraisal Services Directorate of the 
     Department of the Interior shall determine an appropriate 
     multiplier to reflect the change in the value of the land 
     underlying the corridor between--
       (i) the date of which the corridor was transferred in 
     accordance with the Agreement; and
       (ii) the date of enactment of this Act.
       (3) Proceeds.--Proceeds under this subsection shall be 
     deposited in the account established under section 103(b)(3)
       (c) Relocation.--
       (1) In general.--The Secretary shall relocate to the area 
     described in paragraph (2), the portion of IDI-26446 and UTU-
     73363 identified as NVN-49781 that is located in the corridor 
     relinquished under subsection (b)(1).
       (2) Description of area.--The area referred to in paragraph 
     (1) is the area located on public land west of United States 
     Route 93.
       (3) Requirements.--The relocation under paragraph (1) shall 
     be conducted in a manner that--
       (A) minimizes engineering design changes; and
       (B) maintains a gradual and smooth interconnection of the 
     corridor with the area described in paragraph (2).
       (4) Authorized uses.--The Secretary may authorize the 
     location of any above ground or underground utility facility, 
     transmission lines, gas pipelines, natural gas pipelines, 
     fiber optics, telecommunications, water lines, wells 
     (including monitoring wells), cable television, and any 
     related appurtenances in the area described in paragraph (1).
       (d) Effect.--The relocation of the corridor under this 
     section shall not require the Secretary to update the 1998 
     Las Vegas Valley Resource Management Plan or the 2000 
     Caliente Management Framework Plan Amendment.
       (e) Waiver of Certain Requirements.--The Secretary shall 
     waive the requirements of the Federal Land Policy and 
     Management Act of 1976 (43 U.S.C. 1701 et seq.) that would 
     otherwise be applicable to the holders of the right-of-way 
     corridor described in subsection (a)(2)(A) with respect to an 
     amendment to the legal description of the right-of-way 
     corridor.

            TITLE IV--SILVER STATE OFF-HIGHWAY VEHICLE TRAIL

     SEC. 141. SILVER STATE OFF-HIGHWAY VEHICLE TRAIL.

       (a) Definitions.--In this section:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Map.--The term ``Map'' means the map entitled ``Lincoln 
     County Conservation, Recreation and Development Act Map'' and 
     dated October 1, 2004.
       (3) Trail.--The term ``Trail'' means the system of trails 
     designated in subsection (b) as the Silver State Off-Highway 
     Vehicle Trail.
       (b) Designation.--The trails that are generally depicted on 
     the Map are hereby designated as the ``Silver State Off-
     Highway Vehicle Trail''.
       (c) Management.--
       (1) In general.--The Secretary shall manage the Trail in a 
     manner that--
       (A) is consistent with motorized and mechanized use of the 
     Trail that is authorized on the date of the enactment of this 
     Act pursuant to applicable Federal and State laws and 
     regulations;
       (B) ensures the safety of the people who use the Trail; and
       (C) does not damage sensitive habitat or cultural 
     resources.
       (2) Management plan.--
       (A) In general.--Not later than 3 years after the date of 
     the enactment of this Act, the Secretary, in consultation 
     with the State, the County, and any other interested persons, 
     shall complete a management plan for the Trail.
       (B) Components.--The management plan shall--
       (i) describe the appropriate uses and management of the 
     Trail;
       (ii) authorize the use of motorized and mechanized vehicles 
     on the Trail; and
       (iii) describe actions carried out to periodically evaluate 
     and manage the appropriate levels of use and location of the 
     Trail to minimize environmental impacts and prevent damage to 
     cultural resources from the use of the Trail.

[[Page S11115]]

       (3) Monitoring and evaluation.--
       (A) Annual assessment.--The Secretary shall annually assess 
     the effects of the use of off-highway vehicles on the Trail 
     and, in consultation with the Nevada Division of Wildlife, 
     assess the effects of the Trail on wildlife and wildlife 
     habitat to minimize environmental impacts and prevent damage 
     to cultural resources from the use of the Trail.
       (B) Closure.--The Secretary, in consultation with the State 
     and the County, may temporarily close or permanently reroute, 
     subject to subparagraph (C), a portion of the Trail if the 
     Secretary determines that--
       (i) the Trail is having an adverse impact on--

       (I) natural resources; or
       (II) cultural resources;

       (ii) the Trail threatens public safety;
       (iii) closure of the Trail is necessary to repair damage to 
     the Trail; or
       (iv) closure of the Trail is necessary to repair resource 
     damage.
       (C) Rerouting.--Portions of the Trail that are temporarily 
     closed may be permanently rerouted along existing roads and 
     trails on public lands currently open to motorized use if the 
     Secretary determines that such rerouting will not 
     significantly increase or decrease the length of the Trail.
       (D) Notice.--The Secretary shall provide information to the 
     public regarding any routes on the Trail that are closed 
     under subparagraph (B), including by providing appropriate 
     signage along the Trail.
       (4) Notice of open routes.--The Secretary shall ensure that 
     visitors to the Trail have access to adequate notice 
     regarding the routes on the Trail that are open through use 
     of appropriate signage along the Trail and through the 
     distribution of maps, safety education materials, and other 
     information considered appropriate by the Secretary.
       (d) No Effect on Non-Federal Land and Interests in Land.--
     Nothing in this section shall be construed to affect 
     ownership, management, or other rights related to non-Federal 
     land or interests in land.
       (e) Map on File.--The Map shall be kept on file at the 
     appropriate offices of the Secretary.

                       TITLE V--OPEN SPACE PARKS

     SEC. 151. OPEN SPACE PARK CONVEYANCE TO LINCOLN COUNTY, 
                   NEVADA.

       (a) Conveyance.--Notwithstanding sections 202 and 203 of 
     the Federal Land Policy and Management Act of 1976 (43 U.S.C. 
     1171, 1712), not later than 1 year after lands are identified 
     by the County, the Secretary shall convey to the County, 
     subject to valid existing rights, for no consideration, all 
     right title, and interest of the United States in and to the 
     parcels of land described in subsection (b).
       (b) Description of Land.--Up to 15,000 acres of Bureau of 
     Land Management-managed public land in Lincoln County 
     identified by the county in consultation with the Bureau of 
     Land Management.
       (c) Costs.--Any costs relating to any conveyance under 
     subsection (a), including costs for surveys and other 
     administrative costs, shall be paid by the County, or in 
     accordance with section 103(b)(2) of this Act.
       (d) Use of Land.--
       (1) In general.--Any parcel of land conveyed to the County 
     under subsection (a) shall be used only for--
       (A) the conservation of natural resources; or
       (B) public parks.
       (2) Facilities.--Any facility on a parcel of land conveyed 
     under subsection (a) shall be constructed and managed in a 
     manner consistent with the uses described in paragraph (1).
       (e) Reversion.--If a parcel of land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses specified in subsection (d), the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.

     SEC. 152. OPEN SPACE PARK CONVEYANCE TO THE STATE OF NEVADA.

       (a) Conveyance.--Notwithstanding section 202 of the Federal 
     Land Policy and Management Act of 1976 (43 U.S.C. 1712), the 
     Secretary shall convey to the State of Nevada, subject to 
     valid existing rights, for no consideration, all right, 
     title, and interest of the United States in and to the 
     parcels of land described in subsection (b), if there is a 
     written agreement between the State and Lincoln County, 
     Nevada, supporting such a conveyance.
       (b) Description of Land.--The parcels of land referred to 
     in subsection (a) are the parcels of land depicted as ``NV 
     St. Park Expansion Proposal'' on the map entitled ``Lincoln 
     County Conservation, Recreation, and Development Act Map'' 
     and dated October 1, 2004.
       (c) Costs.--Any costs relating to any conveyance under 
     subsection (a), including costs for surveys and other 
     administrative costs, shall be paid by the State.
       (d) Use of Land.--
       (1) In general.--Any parcel of land conveyed to the State 
     under subsection (a) shall be used only for--
       (A) the conservation of natural resources; or
       (B) public parks.
       (2) Facilities.--Any facility on a parcel of land conveyed 
     under subsection (a) shall be constructed and managed in a 
     manner consistent with the uses described in paragraph (1).
       (e) Reversion.--If a parcel of land conveyed under 
     subsection (a) is used in a manner that is inconsistent with 
     the uses specified in subsection (d), the parcel of land 
     shall, at the discretion of the Secretary, revert to the 
     United States.

                    TITLE VI--JURISDICTION TRANSFER

     SEC. 161. TRANSFER OF ADMINISTRATIVE JURISDICTION BETWEEN THE 
                   FISH AND WILDLIFE SERVICE AND THE BUREAU OF 
                   LAND MANAGEMENT.

       (a) In General.--Administrative jurisdiction over the land 
     described in subsection (b) is transferred from the United 
     States Bureau of Land Management to the United States Fish 
     and Wildlife Service for inclusion in the Desert National 
     Wildlife Range and the administrative jurisdiction over the 
     land described in subsection (c) is transferred from the 
     United States Fish and Wildlife Service to the United States 
     Bureau of Land Management.
       (b) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 8,503 acres of land 
     administered by the United States Bureau of Land Management 
     as generally depicted on the map entitled ``Lincoln County 
     Conservation, Recreation, and Development Act Map'' and 
     identified as ``Lands to be transferred to the Fish and 
     Wildlife Service'' and dated October 1, 2004.
       (c) Description of Land.--The parcel of land referred to in 
     subsection (a) is the approximately 8,382 acres of land 
     administered by the United States Fish and Wildlife Service 
     as generally depicted on the map entitled ``Lincoln County 
     Conservation, Recreation, and Development Act Map'' and 
     identified as ``Lands to be transferred to the Bureau of Land 
     Management'' and dated October 1, 2004.
       (d) Availability.--Each map and legal description shall be 
     on file and available for public inspection in (as 
     appropriate)--
       (1) the Office of the Director of the Bureau of Land 
     Management;
       (2) the Office of the Nevada State Director of the Bureau 
     of Land Management;
       (3) the Ely Field Station of the Bureau of Land Management;
       (4) the Caliente Field Office of the Bureau of Land 
     Management;
       (5) the Office of the Director of the United States Fish 
     and Wildlife Service; and
       (6) the Office of the Desert National Wildlife Complex.
                                 ______
                                 
  SA 4055. Mr. FRIST (for Mr. Domenici) proposed an amendment to the 
bill H.R. 1630, to revise the boundary of the Petrified Forest National 
Park in the State of Arizona, and for other purposes; as follows:

       On page 2, line 9, strike ``June'' and insert ``July''.
                                 ______
                                 
  SA 4056. Mr. FRIST (for Mr. Domenici) proposed an amendment to the 
bill S. 1466, to facilitate the transfer of land in the State of 
Alaska, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Alaska 
     Land Transfer Acceleration Act''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.

               TITLE I--STATE SELECTIONS AND CONVEYANCES

Sec. 101. Community grant selections and conveyances.
Sec. 102. Prioritization of land to be conveyed.
Sec. 103. Selection of certain reversionary interests held by the 
              United States.
Sec. 104. Effect of hydroelectric withdrawals.
Sec. 105. Entitlement for the University of Alaska.
Sec. 106. Settlement of remaining entitlement.
Sec. 107. Effect of Federal mining claims.
Sec. 108. Land mistakenly relinquished or omitted.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 201. Land available after selection period.
Sec. 202. Combined entitlements.
Sec. 203. Authority to convey by whole section.
Sec. 204. Conveyance of cemetery sites and historical places.
Sec. 205. Allocations based on population.
Sec. 206. Authority to withdraw land.
Sec. 207. Report on withdrawals.
Sec. 208. Automatic segregation of land for underselected Village 
              Corporations.
Sec. 209. Settlement of remaining entitlement.

                      TITLE III--NATIVE ALLOTMENTS

Sec. 301. Correction of conveyance documents.
Sec. 302. Title recovery of Native allotments.
Sec. 303. Native allotment revisions on land selected by or conveyed to 
              a Native Corporation.
Sec. 304. Compensatory acreage.
Sec. 305. Reinstatements and reconstructions.
Sec. 306. Amendments to section 41 of the Alaska Native Claims 
              Settlement Act.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

Sec. 401. Deadline for establishment of regional plans.

[[Page S11116]]

Sec. 402. Deadline for establishment of village plans.
Sec. 403. Final prioritization of ANCSA selections.
Sec. 404. Final prioritization of State selections.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

Sec. 501. Alaska land claims hearings and appeals.

          TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

Sec. 601. Report.
Sec. 602. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Native allotment.--The term ``Native allotment'' means 
     an allotment claimed under the Act of May 17, 1906 (34 Stat. 
     197, chapter 2469).
       (2) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (3) State.--The term ``State'' means the State of Alaska.

               TITLE I--STATE SELECTIONS AND CONVEYANCES

     SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES.

       (a) In General.--Section 6 of Public Law 85-508 (commonly 
     known as the ``Alaska Statehood Act'') (72 Stat. 340) is 
     amended by adding at the end the following:
       ``(n) The minimum tract selection size is waived with 
     respect to a selection made by the State of Alaska under 
     subsection (a) for the following selections:

       

 
National Forest Community
 Grant Application Number          Area Name              Est. Acres
 
209                        Yakutat Airport Addition   111
264                        Bear Valley (Portage)      120
284                        Hyder-Fish Creek           61
310                        Elfin Cove                 37
384                        Edna Bay Admin Site        37
390                        Point Hilda                29.''.
 

       (b) Community Grant Selections.--Section 6 of Public Law 
     85-508 (commonly known as the ``Alaska Statehood Act'') (72 
     Stat. 340) (as amended by subsection (a)) is amended by 
     adding at the end the following:
       ``(o)(1) The State of Alaska may elect to convert a 
     selection filed under subsection (b) to a selection under 
     subsection (a) by notifying the Secretary of the Interior in 
     writing.
       ``(2) If the State of Alaska makes an election under 
     paragraph (1), the entire selection shall be converted to a 
     selection under subsection (a).
       ``(3) The Secretary of the Interior shall not convey a 
     total of more than 400,000 acres of public domain land 
     selected under subsection (a) or converted under paragraph 
     (1) to a public domain selection under subsection (a).
       ``(4) Conversion of a selection under paragraph (1) shall 
     not increase the survey obligation of the United States with 
     respect to the land converted.
       ``(p) All selection applications of the State of Alaska 
     that are on file with the Secretary of the Interior under the 
     public domain provisions of subsection (a) on the date of 
     enactment of this subsection and any selection applications 
     that are converted to a subsection (a) selection under 
     subsection (o)(1) are approved as suitable for community or 
     recreational purposes.''.

     SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.

       Section 906(h)(2) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1635(h)(2)) is amended--
       (1) by striking ``(2) As soon as practicable'' and 
     inserting the following:
       ``(2)(A) As soon as practicable'';
       (2) by striking ``The sequence of'' and inserting the 
     following:
       ``(B)(i) The sequence of''; and
       (3) by adding at the end the following:
       ``(ii) In establishing the priorities for tentative 
     approval under clause (i), the State shall--
       ``(I) in the case of a selection under section 6(a) of 
     Public Law 85-508 (commonly known as the `Alaska Statehood 
     Act') (72 Stat. 340), include all land selected; or
       ``(II) in the case of a selection under section 6(b) of 
     that Act--
       ``(aa) include at least 5,760 acres; or
       ``(bb) if a waiver has been granted under section 6(g) of 
     that Act or less than 5,760 acres of the entitlement remains, 
     prioritize the selection in such increments as are available 
     for conveyance.''.

     SEC. 103. SELECTION OF CERTAIN REVERSIONARY INTERESTS HELD BY 
                   THE UNITED STATES.

       (a) In General.--All reversionary interests held by the 
     United States in land owned by the State or any political 
     subdivision of the State and any Federal land leased by the 
     State under the Act of August 23, 1950 (25 U.S.C. 293b), or 
     the Act of June 4, 1953 (25 U.S.C. 293a), that is prioritized 
     for conveyance by the State under section 906(h)(2) of the 
     Alaska National Interest Lands Conservation Act (43 U.S.C. 
     1635(h)(2))--
       (1) are deemed to be selected; and
       (2) may, with the concurrence of the Secretary or the head 
     of the Federal agency with administrative jurisdiction over 
     the land, be conveyed under section 6 of Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     340).
       (b) Effect on Entitlement.--If, before the date of 
     enactment of this Act, the entitlement of the State has not 
     been charged with respect to a parcel for which a 
     reversionary interest is conveyed under subsection (a), the 
     total acreage of the parcel shall be charged against the 
     remaining entitlement of the State.
       (c) Minimum Acreage Requirement Not Applicable.--The 
     minimum acreage requirement under subsections (a) and (b) of 
     section 6 of Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 340) shall not apply to 
     the selection of reversionary interests under subsection (a).
       (d) State Waiver.--On conveyance to the State of any 
     reversionary interest selected under subsection (a), the 
     State shall be deemed to have waived all right to any future 
     credit should the reversion not occur.
       (e) Limitation.--This section shall not apply to--
       (1) reversionary interests in land acquired by the United 
     States through the use of amounts from the Exxon Valdez Oil 
     Spill Trust Fund; or
       (2) reversionary interests in any land conveyed to the 
     State as a result of the ``Terms and Conditions for Land 
     Consolidation and Management in Cook Inlet Area'' as ratified 
     by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).

     SEC. 104. EFFECT OF HYDROELECTRIC WITHDRAWALS.

       (a) Land Withdrawn, Reserved, or Classified for Power Site 
     or Power Project Purposes.--If the State has filed a future 
     selection application under section 906(e) of the Alaska 
     National Interest Lands Conservation Act (43 U.S.C. 1635(e)) 
     for land withdrawn, reserved, or classified for power site or 
     power project purposes, notwithstanding the withdrawal, 
     reservation, or classification for power site or power 
     project purposes, the following parcels of land shall be 
     deemed to be vacant, unappropriated, and unreserved within 
     the meaning of Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 339):
       

 
                                                     General Selection
    Serial Number               Area Name            Application Number
 
AKAA 058747                   Bradley Lake         GS 5141
AKAA 058848                   Bradley Lake         GS 44
AKAA 058266              Eagle River/Ship Creek/   GS 1429
                               Peters Creek
AKAA 058265              Eagle River/Ship Creek/   GS 1209
                               Peters Creek
AKAA 058374                   Salmon Creek         GS 327
AKF 031321                    Nenana River         GS 2182
AKAA 059056              Solomon Gulch at Valdez   GS 86
DAKFF 085798              Kruzgamepa River Pass    GS 4096.
                                  Creek
 

       (b) Limitation.--Subsection (a) does not apply to any land 
     that is--
       (1) located within the boundaries of a conservation system 
     unit (as defined in section 102 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3102)); or
       (2) otherwise unavailable for conveyance under Public Law 
     85-508 (commonly known as the ``Alaska Statehood Act'') (72 
     Stat. 339).
       (c) Requirement Applicable to National Forest System 
     Land.--Any land described in subsection (a) that is in a unit 
     of the National Forest System shall not be conveyed unless 
     the Secretary of Agriculture approved the State selection 
     before January 3, 1994.
       (d) Requirements Applicable to Hydroelectric Applications 
     and Licensed Projects.--
       (1) Hydroelectric applications.--Any selection of land 
     described in subsection (a) that is included in a 
     hydroelectric application--
       (A) shall be subject to the jurisdiction of the Federal 
     Energy Regulatory Commission; and
       (B) shall not be conveyed while the hydroelectric 
     application is pending.
       (2) Licensed project.--Any selection of land described in 
     subsection (a) that is included in a licensed project shall 
     be subject to--
       (A) the jurisdiction of the Federal Energy Regulatory 
     Commission;
       (B) the rights of third parties; and
       (C) the right of reentry under section 24 of the Federal 
     Power Act (16 U.S.C. 818).
       (e) Effect of Section.--Nothing in this section negates or 
     diminishes any right of an applicant to petition for 
     restoration and opening of land withdrawn or classified for 
     power purposes under section 24 of the Federal Power Act (16 
     U.S.C. 818).

     SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA.

       (a) In General.--As of January 1, 2003, the remaining State 
     entitlement for the benefit

[[Page S11117]]

     of the University of Alaska under the Act of January 21, 1929 
     (45 Stat. 1091, chapter 92), is 456 acres.
       (b) Reversionary Interests.--The Act of January 21, 1929 
     (45 Stat. 1091, chapter 92), is amended by adding at the end 
     the following:
       ``Sec. 3. (a) The State of Alaska (referred to in this Act 
     as the `State'), acting on behalf of, and with the approval 
     of, the University of Alaska, may select--
       ``(1) any mineral interest (including an interest in oil or 
     gas) in land located in the State, the unreserved portion of 
     which is owned by the University of Alaska; or
       ``(2) any reversionary interest held by the United States 
     in land located in the State, the unreserved portion of which 
     is owned by the University of Alaska.
       ``(b) The total acreage of any parcel of land for which a 
     partial interest is conveyed under subsection (a) shall be 
     charged against the remaining entitlement of the State under 
     this Act.
       ``(c) In taking title to a reversionary interest, the 
     State, with the approval of the University of Alaska, waives 
     all right to any future acreage credit if the reversion does 
     not occur.
       ``Sec. 4. The Secretary may survey any vacant, 
     unappropriated, and unreserved land in the State for purposes 
     of allowing selections under this Act.
       ``Sec. 5. The authorized outstanding selections under this 
     Act shall be not more than--
       ``(1) 125 percent of the remaining entitlement; plus
       ``(2) the number of acres of land that are in conflict with 
     land owned by the University of Alaska, as identified in 
     Native allotment applications on record with the Bureau of 
     Land Management.''.

     SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into a binding 
     written agreement with the State with respect to--
       (1) the exact number and location of acres of land 
     remaining to be conveyed under each entitlement established 
     or confirmed by Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 340), from--
       (A) the land selected by the State as of January 3, 1994; 
     and
       (B) selections under the Act of January 21, 1929 (45 Stat. 
     1091, chapter 92);
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed; and
       (4) the survey of the exterior boundaries of the land to be 
     conveyed.
       (b) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall ensure that any concerns 
     or issues identified by any Federal agency potentially 
     affected are given consideration.
       (c) Errors.--The State, by entering into an agreement under 
     subsection (a), shall receive any gain or bear any loss that 
     results from errors in prior surveys, protraction diagrams, 
     or the computation of the ownership of third parties on any 
     land conveyed under an agreement entered into under 
     subsection (a).
       (d) Availability of Agreements.--Agreements entered into 
     under subsection (a) shall be available for public inspection 
     in the appropriate offices of the Department of the Interior.
       (e) Effect.--Nothing in this section increases the 
     entitlement provided to the State under Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     340), or the Act of January 21, 1929 (45 Stat. 1091, chapter 
     92).

     SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.

       (a) Conditional Relinquishments.--
       (1) In general.--To facilitate the conversion of Federal 
     mining claims to State mining claims on land selected or 
     topfiled by the State, a Federal mining claimant may file 
     with the Secretary a voluntary relinquishment of the Federal 
     mining claim conditioned on conveyance of the land to the 
     State.
       (2) Conveyance of relinquished claim.--The Secretary may 
     convey the land described in the relinquished Federal mining 
     claim to the State if, with respect to the land--
       (A) the State has filed as of January 3, 1994--
       (i) a selection application under Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     339); or
       (ii) a future selection application under section 906(e) of 
     the Alaska National Interest Lands Conservation Act 43 U.S.C. 
     1635(e)); and
       (B) the land addressed by the selection application or 
     future selection application is conveyed to the State.
       (3) Obligations under federal law.--Until the date on which 
     the land is conveyed under paragraph (2), a Federal mining 
     claimant shall be subject to any obligations relating to the 
     land under Federal law.
       (4) No relinquishment.--If the land previously encumbered 
     by the relinquished Federal mining claim is not conveyed to 
     the State under paragraph (2), the relinquishment of land 
     under paragraph (1) shall be of no effect.
       (b) Rights-of-Way; Other Interest.--On conveyance to the 
     State of a relinquished Federal mining claim under this 
     section, the State shall assume authority over any leases, 
     licenses, permits, rights-of-way, operating plans, other land 
     use authorizations, or reclamation obligations applicable to 
     the relinquished Federal mining claim on the date of 
     conveyance.

     SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED.

       Notwithstanding the selection deadlines under section 6(a) 
     of Public Law 85-508 (commonly known as the ``Alaska 
     Statehood Act'') (72 Stat. 340)--
       (1) the State selection application AA-17607 NFCG 75, 
     located in the Chugach National Forest, is reinstated to the 
     parcels of land originally selected in 1978, which are more 
     particularly described as--
       (A) S\1/2\ sec. 14, T. 11 S., R. 11 W., of the Copper River 
     Meridian;
       (B) S\1/2\ sec. 15, T. 11 S., R. 11 W., of the Copper River 
     Meridian;
       (C) E\1/2\SE\1/4\ sec. 16, T. 11 S., R. 11 W., of the 
     Copper River Meridian;
       (D) E\1/2\, E\1/2\W\1/2\, SW\1/4\SW\1/4\ sec. 21, T. 11 S., 
     R. 11 W., of the Copper River Meridian;
       (E) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 22, T. 11 S., R. 11 
     W., of the Copper River Meridian;
       (F) N\1/2\, SW\1/4\, N\1/2\SE\1/4\ sec. 23, T. 11 S., R. 11 
     W., of the Copper River Meridian;
       (G) NW\1/4\ sec. 27, T. 11 S., R. 11 W., of the Copper 
     River Meridian; and
       (H) N\1/2\N\1/2\, SE\1/4\NE\1/4\ sec. 28, T. 11 S., R. 11 
     W., of the Copper River Meridian; and
       (2) the following parcels of land are considered topfiled 
     under section 906(e) of the Alaska National Interest Lands 
     Conservation Act (16 U.S.C. 1635(e)):
       (A) The parcels of land omitted from the State's topfiling 
     of the Utility and Transportation Corridor, and other parcels 
     of land encompassing the Trans-Alaska Pipeline System, 
     withdrawn by Public Land Order No. 5150 (except for any land 
     within the boundaries of a conservation system unit), which 
     are more particularly described as--
       (i) secs. 1-30, 32-36, T. 27 N., R. 11 W., of the Fairbanks 
     Meridian;
       (ii) secs. 10, 13--18, 21-28, and 33-36, T. 20 N., R. 13 
     W., of the Fairbanks Meridian;
       (iii) secs. 13, 14, and 15, T. 20 N., R. 14 W., of the 
     Fairbanks Meridian;
       (iv) secs. 1-5, 8-17, and 20-28, T. 19 N., R. 13 W., of the 
     Fairbanks Meridian;
       (v) secs. 29-32, T. 20 N., R. 16 W., of the Fairbanks 
     Meridian;
       (vi) secs. 5-11, 14-23, and 25-36, T. 19 N., R. 16 W., of 
     the Fairbanks Meridian;
       (vii) secs. 30 and 31, T. 19 N., R. 15 W., of the Fairbanks 
     Meridian;
       (viii) secs. 5 and 6, T. 18 N., R. 15 W., of the Fairbanks 
     Meridian;
       (ix) secs. 1-2 and 7-34, T. 16 N., R. 14 W., of the 
     Fairbanks Meridian; and
       (x) secs. 4-9, T. 15 N., R. 14 W., of the Fairbanks 
     Meridian.
       (B) Secs. 1, 2, 11-14, T. 10 S., R. 42 W., of the Seward 
     Meridian.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

     SEC. 201. LAND AVAILABLE AFTER SELECTION PERIOD.

       (a) In General.--To make certain Federal land available for 
     conveyance to a Native Corporation that has sufficient 
     remaining entitlement, the Secretary may waive the filing 
     deadlines under sections 12 and 16 of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1611, 1615) if--
       (1) the Federal land is--
       (A) located in a township in which all or any part of a 
     Native Village is located; or
       (B) surrounded by--
       (i) land that is owned by the Native Corporation; or
       (ii) selected land that will be conveyed to the Native 
     Corporation;
       (2) the Federal land--
       (A) became available after the end of the original 
     selection period;
       (B)(i) was not selected by the Native Corporation because 
     the Federal land was subject to a competing claim or entry; 
     and
       (ii) the competing claim or entry has lapsed; or
       (C) was previously an unavailable Federal enclave within a 
     Native selection withdrawal area;
       (3)(A) the Secretary provides the Native Corporation with a 
     specific time period in which to decline the Federal land; 
     and
       (B) the Native Corporation does not submit to the Secretary 
     written notice declining the land within the period 
     established under subparagraph (A); and
       (4) the State has voluntarily relinquished any valid State 
     selection or top-filing for the Federal land.
       (b) Congressional Action.--Subsection (a) shall not apply 
     to a parcel of Federal land if Congress has specifically made 
     other provisions for disposition of the parcel of Federal 
     land.

     SEC. 202. COMBINED ENTITLEMENTS.

       Section 12 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1611) is amended--
       (1) in the second sentence of subsection (b), by striking 
     ``Regional Corporation shall'' and inserting ``Regional 
     Corporation shall, not later than October 1, 2005,''; and
       (2) by adding at the end the following:
       ``(f)(1) The entitlements received by any Village 
     Corporation under subsection (a) and the reallocations made 
     to the Village Corporation under subsection (b) may be 
     combined, at the discretion of the Secretary, without--
       ``(A) increasing or decreasing the combined entitlement; or
       ``(B) increasing the limitation on selections of Wildlife 
     Refuge System land, National Forest System land, or State-
     selected land under subsection (a).
       ``(2) The combined entitlement under paragraph (1) may be 
     fulfilled from selections under subsection (a) or (b) without 
     regard to the entitlement specified in the selection 
     application.

[[Page S11118]]

       ``(3) All selections under a combined entitlement under 
     paragraph (1) shall be adjudicated and conveyed in compliance 
     with this Act.
       ``(4) Except in a case in which a survey has been 
     contracted for before the date of enactment of this 
     subsection, the combination of entitlements under paragraph 
     (1) shall not require separate patents or surveys, to 
     distinguish between conveyances made to a Village Corporation 
     under subsections (a) and (b).''.

     SEC. 203. AUTHORITY TO CONVEY BY WHOLE SECTION.

       Section 14(d) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(d)) is amended--
       (1) by striking ``(d) the Secretary'' and inserting the 
     following:
       ``(d)(1) The Secretary''; and
       (2) by adding at the end the following:
       ``(2) For purposes of applying the rule of approximation 
     under this section, the largest legal subdivision that may be 
     conveyed in excess of the applicable acreage limitation 
     specified in subsection (a) shall be--
       ``(A) in the case of land managed by the Bureau of Land 
     Management that is not within a conservation system unit, the 
     next whole section;
       ``(B) in the case of land managed by an agency other than 
     the Bureau of Land Management that is not within a 
     conservation system unit, the next quarter-section and only 
     with concurrence of the agency; or
       ``(C) in the case of land within a conservation system 
     unit, a quarter of a quarter section, and if the land is 
     managed by an agency other than the Bureau of Land 
     Management, only with the concurrence of that agency.
       ``(3)(A) If the Secretary determines pursuant to paragraph 
     (2) that an entitlement of a Village Corporation (other than 
     a Village Corporation listed in section 16(a)) or a Regional 
     Corporation may be fulfilled by conveying a specific tract of 
     surveyed or unsurveyed land, the Secretary and the affected 
     Village or Regional Corporation may enter into an agreement 
     providing that all land entitlements under this Act shall be 
     deemed satisfied by conveyance of the specifically identified 
     and agreed upon tract of land.
       ``(B) An agreement entered into under subparagraph (A) 
     shall be--
       ``(i) in writing;
       ``(ii) executed by the Secretary and the Village or 
     Regional Corporation; and
       ``(iii) authorized by a corporate resolution adopted by the 
     affected Village or Regional Corporation.
       ``(C) After execution of an agreement under subparagraph 
     (A) and conveyance of the agreed upon tract to the affected 
     Village or Regional Corporation--
       ``(i) the Secretary shall not make any further adjustments 
     to calculations relating to acreage entitlements of the 
     Village or Regional Corporation; and
       ``(ii) the Village or Regional Corporation shall not be 
     entitled to any further conveyances under this Act.
       ``(D) A Village or Regional Corporation shall not be 
     eligible to receive land under subparagraph (A) if the 
     Village or Regional Corporation has received the full land 
     entitlement of the Village or Regional Corporation through--
       ``(i) an actual conveyance of land; or
       ``(ii) a previous agreement.
       ``(E) If the calculations of the Secretary indicate that 
     the final survey boundaries for any Village or Regional 
     Corporation entitlement for which an agreement has not been 
     entered into under this paragraph include acreage in a 
     quantity that exceeds the statutory entitlement of the 
     corporation by \1/10\ of 1 percent or less, but not more than 
     the applicable acreage limitation specified in paragraph 
     (2)--
       ``(i) the entitlement shall be considered satisfied by the 
     conveyance of the surveyed area; and
       ``(ii) the Secretary shall not change the survey for the 
     sole purpose of an acreage adjustment.
       ``(F) This paragraph does not limit or otherwise affect the 
     ability of a Village or Regional Corporation to enter into 
     land exchanges with the United States.''.

     SEC. 204. CONVEYANCE OF CEMETERY SITES AND HISTORICAL PLACES.

       Section 14(h)(1) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(1)) is amended--
       (1) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1)(A) The Secretary'';
       (2) by striking ``Only title'' and inserting the following:
       ``(B) Only title''; and
       (3) by adding at the end the following:
       ``(C)(i) Notwithstanding acreage allocations made before 
     the date of enactment of this subparagraph, the Secretary may 
     convey any cemetery site or historical place--
       ``(I) with respect to which there is an application on 
     record with the Secretary on the date of enactment of this 
     paragraph; and
       ``(II) that is eligible for conveyance.
       ``(ii) Clause (i) shall also apply to any of the 188 closed 
     applications that are determined to be eligible and 
     reinstated under Secretarial Order No. 3220 dated January 5, 
     2001.
       ``(D) No applications submitted for the conveyance of land 
     under subparagraph (A) that were closed before the date of 
     enactment of this paragraph may be reinstated other than 
     those specified in subparagraph (C)(ii).
       ``(E) After the date of enactment of this paragraph--
       ``(i) no application may be filed for the conveyance of 
     land under subparagraph (A); and
       ``(ii) no pending application may be amended, except as 
     necessary to conform the application to the description in 
     the certification of eligibility of the Bureau of Indian 
     Affairs.
       ``(F) Unless, not later than 1 year after the date of 
     enactment of this paragraph, a Regional Corporation that has 
     filed an application for a historic place submits to the 
     Secretary a statement on the significance of and the location 
     of the historic place--
       ``(i) the application shall not be valid; and
       ``(ii) the Secretary shall reject the application.
       ``(G) The State and the head of the Federal agency with 
     administrative jurisdiction over the land shall have 30 days 
     to provide written comments to the Secretary--
       ``(i) identifying any third party interest to which a 
     conveyance under subparagraph (A) should be made subject; and
       ``(ii) describing any easements recommended for 
     reservation.''.

     SEC. 205. ALLOCATIONS BASED ON POPULATION.

       Section 14(h)(8) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(8)) is amended by adding at the end the 
     following:
       ``(C)(i) Notwithstanding any other provision of this 
     subsection, as soon as practicable after enactment of this 
     subparagraph, the Secretary shall allocate to a Regional 
     Corporation eligible for an allocation under subparagraph (A) 
     the Regional Corporation's share of 200,000 acres from lands 
     withdrawn under this subsection, to be credited against 
     acreage to be allocated to the Regional Corporation under 
     subparagraph (A).
       ``(ii) Clause (i) shall apply to Chugach Alaska Corporation 
     pursuant to the terms of the 1982 CNI Settlement Agreement.
       ``(iii) With respect to Cook Inlet Region, Inc., or Koniag, 
     Inc.--
       ``(I) clause (i) shall not apply; and
       ``(II) the portion of the 200,000 acres allocated to Cook 
     Inlet Region Inc. or Koniag, Inc., shall be retained by the 
     United States.
       ``(iv) This subparagraph shall not affect any prior 
     agreement entered into by a Regional Corporation other than 
     the agreements specifically referred to in this 
     subparagraph.''.

     SEC. 206. AUTHORITY TO WITHDRAW LAND.

       Section 14(h)(10) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(h)(10)) is amended--
       (1) by striking ``(10) Notwithstanding'' and inserting the 
     following:
       ``(10)(A) Notwithstanding''; and
       (2) by adding at the end the following:
       ``(B) If a Regional Corporation does not have enough valid 
     selections on file to fulfill the remaining entitlement of 
     the Regional Corporation under paragraph (8), the Secretary 
     may use the withdrawal authority under subparagraph (A) to 
     withdraw land that is vacant, unappropriated, and unreserved 
     on the date of enactment of this subparagraph for selection 
     by, and conveyance to, the Regional Corporation to fulfill 
     the entitlement.''.

     SEC. 207. REPORT ON WITHDRAWALS.

       Not later than 18 months after the date of enactment of 
     this Act, the Secretary shall--
       (1) review the withdrawals made pursuant to section 
     17(d)(1) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1616(d)(1)) to determine if any portion of the lands 
     withdrawn pursuant to that provision can be opened to 
     appropriation under the public land laws or if their 
     withdrawal is still needed to protect the public interest in 
     those lands;
       (2) provide an opportunity for public notice and comment, 
     including recommendations with regard to lands to be reviewed 
     under paragraph (1); and
       (3) submit to the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Resources of the House of 
     Representatives a report that identifies any portion of the 
     lands so withdrawn that can be opened to appropriation under 
     the public land laws consistent with the protection of the 
     public interest in these lands.

     SEC. 208. AUTOMATIC SEGREGATION OF LAND FOR UNDERSELECTED 
                   VILLAGE CORPORATIONS.

       Section 22(j) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1621(j)) is amended by adding at the end the 
     following:
       ``(3) In lieu of withdrawal under paragraph (2), land may 
     be segregated from all other forms of appropriation for the 
     purposes described in that paragraph if--
       ``(A) the Secretary and the Village Corporation enter into 
     an agreement identifying the land for selection; and
       ``(B) the Village Corporation files an application for 
     selection of the land.''.

     SEC. 209. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into a binding 
     written agreement with a Native Corporation relating to--
       (1) the land remaining to be conveyed to the Native 
     Corporation under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.) from land selected as of September 1, 
     2004, or land made available under section 201, 206, or 208 
     of this Act;
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed;

[[Page S11119]]

       (4) the selection entitlement to which selections are to be 
     charged, regardless of the entitlement under which originally 
     selected;
       (5) the survey of the exterior boundaries of the land to be 
     conveyed;
       (6) the additional survey to be performed under section 
     14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1613(c)); and
       (7) the resolution of conflicts with Native allotment 
     applications.
       (b) Requirements.--An agreement under subsection (a)--
       (1) shall be authorized by a resolution of the Native 
     Corporation entering into the agreement; and
       (2) shall include a statement that the entitlement of the 
     Native Corporation shall be considered complete on execution 
     of the agreement.
       (c) Correction of Conveyance Documents.--In an agreement 
     under subsection (a), the Secretary and the Native 
     Corporation may agree to make technical corrections to the 
     legal description in the conveyance documents for easements 
     previously reserved so that the easements provide the access 
     intended by the original reservation.
       (d) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall ensure that the concerns 
     or issues identified by the State and all Federal agencies 
     potentially affected by the agreement are given 
     consideration.
       (e) Errors.--Any Native Corporation entering into an 
     agreement under subsection (a) shall receive any gain or bear 
     any loss resulting from errors in prior surveys, protraction 
     diagrams, or computation of the ownership of third parties on 
     any land conveyed.
       (f) Effect.--
       (1) In general.--An agreement under subsection (a) shall 
     not--
       (A) affect the obligations of Native Corporations under 
     prior agreements; or
       (B) result in a Native Corporation relinquishing valid 
     selections of land in order to qualify for the withdrawal of 
     other tracts of land.
       (2) Effect on subsurface rights.--The terms of an agreement 
     entered into under subsection (a) shall be binding on a 
     Regional Corporation with respect to the location and 
     quantity of subsurface rights of the Regional Corporation 
     under section 14(f) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(f)).
       (3) Effect on entitlement.--Nothing in this section 
     increases the entitlement provided to any Native Corporation 
     under--
       (A) the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.); or
       (B) the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3101 et seq.).
       (g) Boundaries of a Native Village.--An agreement entered 
     into under subsection (a) may not define the boundaries of a 
     Native Village.
       (h) Availability of Agreements.--An agreement entered into 
     under subsection (a) shall be available for public inspection 
     in the appropriate offices of the Department of the Interior.

                      TITLE III--NATIVE ALLOTMENTS

     SEC. 301. CORRECTION OF CONVEYANCE DOCUMENTS.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) is amended by adding at the end the following:
       ``(d)(1) If an allotment application is valid or would have 
     been approved under section 905 of the Alaska National 
     Interests Lands Conservation Act (43 U.S.C. 1634) had the 
     land described in the application been in Federal ownership 
     on December 2, 1980, the Secretary may correct a conveyance 
     to a Native Corporation or to the State that includes land 
     described in the allotment application to exclude the 
     described allotment land with the written concurrence of the 
     Native Corporation or the State.
       ``(2) A written concurrence shall--
       ``(A) include a finding that the land description proposed 
     by the Secretary is acceptable; and
       ``(B) attest that the Native Corporation or the State has 
     not--
       ``(i) granted any third party rights or taken any other 
     action that would affect the ability of the United States to 
     convey full title under the Act of May 17, 1906 (34 Stat. 
     197, chapter 2469); and;
       ``(ii) stored or allowed the deposit of hazardous waste on 
     the land.
       ``(3) On receipt of an acceptable written concurrence, the 
     Secretary, shall--
       ``(A) issue a corrected conveyance document to the State or 
     Native Corporation, as appropriate; and
       ``(B) issue a certificate of allotment to the allotment 
     applicant.
       ``(4) No documents of reconveyance from the State or an 
     Alaska Native Corporation or evidence of title, other than 
     the written concurrence and attestation described in 
     paragraph (2), are necessary to use the procedures authorized 
     by this subsection.''.

     SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS.

       (a) In General.--In lieu of the process for the correction 
     of conveyance documents available under subsection (d) of 
     section 18 of the Alaska Native Claims Settlement Act (as 
     added by section 301), any Native Corporation may elect to 
     reconvey all of the land encompassed by an allotment claim or 
     a portion of the allotment claim agreeable to the applicant 
     in satisfaction of the entire claim by tendering a valid and 
     appropriate deed to the United States.
       (b) Certificate of Allotment.--If the United States 
     determines that the allotment application is valid or would 
     have been approved under section 905 of the Alaska National 
     Interests Lands Conservation Act (42 U.S.C. 1634) had the 
     land described in the allotment application been in Federal 
     ownership on December 2, 1980, and obtains title evidence 
     acceptable under the Department of Justice title standards, 
     the United States shall accept the deed from the Native 
     Corporation and issue a certificate of allotment to the 
     allotment applicant.
       (c) Probate Not Required.--If the Native Corporation 
     reconveys the entire interest of the Native Corporation in 
     the allotment claim of a deceased applicant, the United 
     States may accept the deed and issue the certificate of 
     allotment without waiting for a determination of heirs or the 
     approval of a will.
       (d) No Liability.--The United States shall not be subject 
     to liability under Federal or State law for the presence of 
     any hazardous substance in land or an interest in land solely 
     as a result of any reconveyance to, and transfer by, the 
     United States of land or interests in land under this 
     section.

     SEC. 303. NATIVE ALLOTMENT REVISIONS ON LAND SELECTED BY OR 
                   CONVEYED TO A NATIVE CORPORATION.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) (as amended by section 301) is amended by adding 
     at the end the following:
       ``(e)(1) An allotment applicant who had an application 
     pending before the Department of the Interior on December 18, 
     1971, and whose application is still open on the records of 
     the Department of the Interior as of the date of enactment of 
     this subsection may revise the land description in the 
     application to describe land other than the land that the 
     applicant originally intended to claim if--
       ``(A) the application--
       ``(i) describes land selected by or conveyed by interim 
     conveyance or patent to a Native Corporation formed to 
     receive benefits under this Act; or
       ``(ii) otherwise conflicts with an interest in land granted 
     to a Native Corporation by the United States;
       ``(B) the revised land description describes land selected 
     by or conveyed by interim conveyance or patent to a Native 
     Corporation of approximately equal acreage in substitution 
     for the land described in the original application;
       ``(C) the Director of the Bureau of Land Management has not 
     adopted a final plan of survey for the final entitlement of 
     the Native Corporation or its successor in interest; and
       ``(D) the Native Corporation that selected the land or its 
     successor in interest provides a corporate resolution 
     authorizing reconveyance or relinquishment to the United 
     States of the land, or interest in land, described in the 
     revised application.
       ``(2) The land description in an allotment application may 
     not be revised under this section unless the Secretary has 
     determined--
       ``(A) that the allotment application is valid or would have 
     been approved under section 905 of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1634) had the land 
     in the allotment application been in Federal ownership on 
     December 2, 1980;
       ``(B) in consultation with the administering agency, that 
     the proposed revision would not create an isolated inholding 
     within a conservation system unit (as defined in section 102 
     of the Alaska National Interest Lands Conservation Act (16 
     U.S.C. 3102)); and
       ``(C) that the proposed revision will facilitate completion 
     of a land transfer in the State.
       ``(3)(A) On obtaining title evidence acceptable under 
     Department of Justice title standards and acceptance of a 
     reconveyance or relinquishment from a Native Corporation 
     under paragraph (1), the Secretary shall issue a Native 
     allotment certificate to the applicant for the land 
     reconveyed or relinquished by the Native Corporation.
       ``(B) Any allotment revised under this section shall, when 
     allotted, be made subject to any easement, trail, right-of-
     way, or any third-party interest (other than a fee interest) 
     in existence on the revised allotment land on the date of 
     revision.''.

     SEC. 304. COMPENSATORY ACREAGE.

       (a) In General.--The Secretary shall adjust the acreage 
     entitlement computation records for the State or an affected 
     Native Corporation to account for any difference in the 
     amount of acreage between the corrected description and the 
     previous description in any conveyance document as a result 
     of actions taken under section 18(d) of the Alaska Native 
     Claims Settlement Act (as added by section 301) or section 
     18(e) of the Alaska Native Claims Settlement Act (as added by 
     section 303), or for other voluntary reconveyances to the 
     United States for the purpose of facilitating land transfers 
     in the State.
       (b) Limitation.--No adjustment to the acreage conveyance 
     computations shall be made where the State or an affected 
     Native Corporation retains a partial estate in the described 
     allotment land.
       (c) Availability of Additional Land.--If, as a result of 
     implementation under section 18(d) of the Alaska Native 
     Claims Settlement Act (as added by section 301) or any 
     voluntary reconveyance to facilitate a land transfer, a 
     Village Corporation has insufficient remaining selections 
     from which to receive its full entitlement under the Alaska 
     Native Claims Settlement Act, the Secretary may use the 
     authority and procedures available under paragraph (3) of 
     section 22(j) of

[[Page S11120]]

     the Alaska Native Claims Settlement Act (43 U.S.C. 1621(j)) 
     (as added by section 208) to make additional land available 
     for selection by the Village Corporation.

     SEC. 305. REINSTATEMENTS AND RECONSTRUCTIONS.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) (as amended by section 303) is amended by adding 
     at the end the following:
       ``(f)(1) If an applicant for a Native allotment filed under 
     the Act of May 17, 1906 (34 Stat. 197, chapter 2469) 
     petitions the Secretary to reinstate a previously closed 
     Native allotment application or to accept a reconstructed 
     copy of an application claimed to have been timely filed with 
     an agency of the Department of the Interior, the United 
     States--
       ``(A) may seek voluntary reconveyance of any land described 
     in the application that is reinstated or reconstructed after 
     the date of enactment of this subsection; but
       ``(B) shall not file an action in any court to recover 
     title from a current landowner.
       ``(2) A certificate of allotment that is issued for any 
     allotment application for which a request for reinstatement 
     or reconstruction is received or accepted after the date of 
     enactment of this subsection shall be made subject to any 
     Federal appropriation, trail, right-of-way, easement, or 
     existing third party interest of record, including third 
     party interests created by the State, without regard to the 
     date on which the Native allotment applicant initiated use 
     and occupancy.''.

     SEC. 306. AMENDMENTS TO SECTION 41 OF THE ALASKA NATIVE 
                   CLAIMS SETTLEMENT ACT.

       Section 41(b) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1629g(b)) is amended--
       (1) in paragraph (1)(A), by inserting before the semicolon 
     at the end the following: ``(except that the term 
     `nonmineral', as used in that Act, shall for the purpose of 
     this subsection be defined as provided in section 905(a)(3) 
     of the Alaska National Interest Lands Conservation Act (42 
     U.S.C. 1634(a)(3)), except that such definition shall not 
     apply to land within a conservation system unit)''; and
       (2) in paragraph (2)--
       (A) by redesignating subparagraphs (A), (B), and (C) as 
     clauses (i), (ii), and (iii), respectively, and indenting the 
     clauses appropriately;
       (B) by inserting ``(A)'' after ``(2)'';
       (C) in clause (ii) (as redesignated by subparagraph (A)), 
     by inserting after ``Department of Veterans Affairs'' the 
     following: ``or based on other evidence acceptable to the 
     Secretary''; and
       (D) by adding at the end the following:
       ``(B)(i) If the Secretary requests that the Secretary of 
     Veterans Affairs make a determination whether a veteran died 
     as a direct consequence of a wound received in action, the 
     Secretary of Veterans Affairs shall, within 60 days of 
     receipt of the request--
       ``(I) provide a determination to the Secretary if the 
     records of the Department of Veterans Affairs contain 
     sufficient information to support such a determination; or
       ``(II) notify the Secretary that the records of the 
     Department of Veterans Affairs do not contain sufficient 
     information to support a determination and that further 
     investigation will be necessary.
       ``(ii) Not later than 1 year after notification to the 
     Secretary that further investigation is necessary, the 
     Department of Veterans Affairs shall complete the 
     investigation and provide a determination to the 
     Secretary.''.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

     SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.

       (a) In General.--Not later than 18 months after the date of 
     enactment of this Act, the Secretary, in coordination and 
     consultation with Native Corporations, other Federal land 
     management agencies, and the State, shall update and revise 
     the 12 preliminary Regional Conveyance and Survey Plans.
       (b) Inclusions.--The updated and revised plans under 
     subsection (a) shall identify any conflicts to be resolved 
     and recommend any actions that should be taken to facilitate 
     the finalization of land conveyances in a region by 2009.

     SEC. 402. DEADLINE FOR ESTABLISHMENT OF VILLAGE PLANS.

       Not later than 30 months after the date of enactment of 
     this Act, the Secretary, in coordination with affected 
     Federal land management agencies, the State, and Village 
     Corporations, shall complete a final closure plan with 
     respect to the entitlements for each Village Corporation 
     under the Alaska Native Claims Settlement Act (43 U.S.C. 1601 
     et seq.).

     SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS.

       (a) In General.--Any Native Corporation that has not 
     received its full entitlement or entered into a voluntary, 
     negotiated settlement of final entitlement shall submit the 
     final, irrevocable priorities of the Native Corporation--
       (1) in the case of a Village, Group, or Urban Corporation 
     entitlement, not later than 36 months after the date of 
     enactment of this Act; and
       (2) in the case of a Regional Corporation entitlement, not 
     later than 42 months after the date of enactment of this Act.
       (b) Acreage Limitations.--The priorities submitted under 
     subsection (a) shall not exceed land that is the greater of--
       (1) not more than 125 percent of the remaining entitlement; 
     or
       (2) not more than 640 acres in excess of the remaining 
     entitlement.
       (c) Corrections.--
       (1) In general.--Except as provided in paragraph (2), the 
     priorities submitted under subsection (a) may not be revoked, 
     rescinded, or modified by the Native Corporation.
       (2) Technical corrections.--Not later than 90 days after 
     the date of receipt of a notification by the Secretary that 
     there appears to be a technical error in the priorities, the 
     Native Corporation may correct the technical error in 
     accordance with any recommendations of, and in a manner 
     prescribed by or acceptable to, the Secretary.
       (d) Relinquishment.--
       (1) In general.--As of the date on which the Native 
     Corporation submits its final priorities under subsection 
     (a)--
       (A) any unprioritized, remaining selections of the Native 
     Corporation--
       (i) are relinquished, but any part of the selections may be 
     reinstated for the purpose of correcting a technical error; 
     and
       (ii) have no further segregative effect; and
       (B) all withdrawals under sections 11 and 16 of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1610, 1615) under the 
     relinquished selections are terminated.
       (2) Records.--All relinquishments under paragraph (1) shall 
     be included in Bureau of Land Management land records.
       (e) Failure To Submit Priorities.--If a Native Corporation 
     fails to submit priorities by the deadline specified in 
     subsection (a)--
       (1) with respect to a Native Corporation that has 
     priorities on file with the Secretary, the Secretary--
       (A) shall convey to the Native Corporation the remaining 
     entitlement of the Native Corporation, as determined based on 
     the most recent priorities of the Native Corporation on file 
     with the Secretary and in accordance with the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1601 et seq.); and
       (B) may reject any selections not needed to fulfill the 
     entitlement; or
       (2) with respect to a Native Corporation that does not have 
     priorities on file with the Secretary, the Secretary shall 
     satisfy the entitlement by conveying land selected by the 
     Secretary, in consultation with the appropriate Native 
     Corporation, the Federal land managing agency with 
     administrative jurisdiction over the land to be conveyed, and 
     the State, that, to the maximum extent practicable, is--
       (A) compact;
       (B) contiguous to land previously conveyed to the Native 
     Corporation; and
       (C) consistent with the applicable preliminary Regional 
     Conveyance and Survey Plan referred to in section 401.
       (f) Plan of Conveyance.--
       (1) In general.--The Secretary shall--
       (A) identify any Native Corporation that does not have 
     sufficient priorities on file;
       (B) develop priorities for the Native Corporation in 
     accordance with subsection (e); and
       (C) provide to the Native Corporation a plan of conveyance 
     based on the priorities developed under subparagraph (B).
       (2) Finalized selections.--Not later than 180 days after 
     the date on which the Secretary provides a plan of conveyance 
     to the affected Village, Group, or Urban Corporation and the 
     Regional Corporation, the Regional Corporation shall finalize 
     any Regional selections that are in conflict with land 
     selected by the Village, Group, or Urban Corporation that has 
     not been prioritized by the deadline under subsection (a)(1).
       (g) Dissolved or Lapsed Corporations.--
       (1)(A) If a Native Corporation is lapsed or dissolved at 
     the time final priorities are required to be filed under this 
     section and does not have priorities on file with the 
     Secretary, the Secretary shall establish a deadline for the 
     filing of priorities that shall be one year from the 
     provisions of notice of the deadline.
       (B) To fulfill the notice requirement under paragraph (1), 
     the Secretary shall--
       (i) publish notice of the deadline to a lapsed or dissolved 
     Native Corporation in a newspaper of general circulation 
     nearest the locality where the affected land is located; and
       (ii) seek to notify in writing the last known shareholders 
     of the lapsed or dissolved corporation.
       (C) If a Native Corporation does not file priorities with 
     the Secretary before the deadline set pursuant to 
     subparagraph (A), the Secretary shall notify Congress.
       (2) If a Native Corporation with final priorities on file 
     with the Bureau of Land Management is lapsed or dissolved, 
     the United States--
       (A) shall continue to administer the prioritized selected 
     land under applicable law; but
       (B) may reject any selections not needed to fulfill the 
     lapsed or dissolved Native Corporation's entitlement.

     SEC. 404. FINAL PRIORITIZATION OF STATE SELECTIONS.

       (a) Filing of Final Priorities.--
       (1) In general.--The State shall, not later than the date 
     that is 4 years after the date of enactment of this Act, in 
     accordance with section 906(f)(1) of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file 
     final priorities with the Secretary for all land grant 
     entitlements to the

[[Page S11121]]

     State which remain unsatisfied on the date of the filing.
       (2) Ranking.--All selection applications on file with the 
     Secretary on the date specified in paragraph (1) shall--
       (A) be ranked on a Statewide basis in order of priority; 
     and
       (B) include an estimate of the acreage included in each 
     selection.
       (3) Inclusions.--The State shall include in the prioritized 
     list land which has been top-filed under section 906(e) of 
     the Alaska National Interest Lands Conservation Act (43 
     U.S.C. 1635(e)).
       (4) Acreage limitation.--
       (A) In general.--Acreage for top-filings shall not be 
     counted against the 125 percent limitation established under 
     section 906(f)(1) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1635(f)(1)).
       (B) Relinquishment.--
       (i) In general.--The State shall relinquish any selections 
     that exceed the 125 percent limitation.
       (ii) Failure to relinquish.--If the State fails to 
     relinquish a selection under clause (i), the Secretary shall 
     reject the selection.
       (5) Lower-priority selections.--Notwithstanding the 
     prioritization of selection applications under paragraph (1), 
     if the Secretary reserves sufficient entitlements for the 
     top-filed selections, the Secretary may continue to convey 
     lower-priority selections.
       (b) Deadline for Prioritization.--
       (1) In general.--The State shall irrevocably prioritize 
     sufficient selections to allow the Secretary to complete 
     transfer of 101,000,000 acres by September 30, 2009.
       (2) Reprioritization.--Any selections remaining after 
     September 30, 2009, may be reprioritized.
       (c) Financial Assistance.--The Secretary may, using amounts 
     made available to carry out this Act, provide financial 
     assistance to other Federal agencies, the State, and Native 
     Corporations and entities to assist in completing the 
     transfer of land by September 30, 2009.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

     SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS.

       (a) Establishment.--The Secretary may establish a field 
     office of the Office of Hearings and Appeals in the State to 
     decide matters within the jurisdiction of the Department of 
     the Interior involving hearings and appeals, and other review 
     functions of the Secretary regarding land transfer decisions 
     and Indian probates in the State.
       (b) Appointments.--For purposes of carrying out subsection 
     (a), the Secretary shall appoint administrative law judges 
     selected in accordance with section 3105 of title 5, United 
     States Code, and members of the Interior Board of Land 
     Appeals.

          TITLE VI--REPORT AND AUTHORIZATION OF APPROPRIATIONS

     SEC. 601. REPORT.

       (a) In General.--Not later than 3 years after the date of 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the status of the implementation of this Act.
       (b) Contents.--The report shall--
       (1) describe the status of conveyances to Alaska Natives, 
     Native Corporations, and the State; and
       (2) include recommendations for completing the conveyances 
     required by this Act.

     SEC. 602. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out the purposes of this Act.
                                 ______
                                 
  SA 4057. Mr. FRIST (for Mr. Bingaman) proposed an amendment to the 
bill S. 2656, to establish a National Commission on the Quincentennial 
of the discovery of Florida by Ponce de Leon; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ponce de Leon Discovery of 
     Florida Quincentennial Commission Act''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Commission.--The term ``Commission'' means the National 
     Commission on the Quincentennial of the discovery of Florida 
     by Ponce de Leon established under section 3(a).
       (2) Governor.--The term ``Governor'' means the Governor of 
     the State of Florida.
       (3) Quincentennial.--The term ``Quincentennial'' means the 
     500th anniversary of the discovery of Florida by Ponce de 
     Leon.

     SEC. 3. ESTABLISHMENT OF COMMISSION.

       (a) Establishment.--There is established a commission to be 
     known as the ``National Commission on the Quincentennial of 
     the discovery of Florida by Ponce de Leon''.
       (b) Duties.--The Commission shall plan, encourage, 
     coordinate, and conduct the commemoration of the 
     Quincentennial.
       (c) Membership.--
       (1) Composition.--The Commission shall be composed of 10 
     members, including--
       (A) 2 members, to be appointed by the President, on the 
     recommendation of the Majority Leader and the Minority Leader 
     of the Senate;
       (B) 2 members, to be appointed by the President, on the 
     recommendation of the Speaker of the House of Representatives 
     and the Minority Leader of the House of Representatives; and
       (C) 4 members, to be appointed by the President, taking 
     into consideration the recommendations of the Governor, the 
     Director of the National Park Service, and the Secretary of 
     the Smithsonian Institution.
       (2) Criteria.--A member of the Commission shall be chosen 
     from among individuals that have demonstrated a strong sense 
     of public service, expertise in the appropriate professions, 
     scholarship, and abilities likely to contribute to the 
     fulfillment of the duties of the Commission.
       (3) Date of appointments.--Not later than 60 days after the 
     date of enactment of this Act, the members of the Commission 
     described in paragraph (1) shall be appointed.
       (d) Term; Vacancies.--
       (1) Term.--A member shall be appointed for the life of the 
     Commission.
       (2) Vacancy.--A vacancy on the Commission--
       (A) shall not affect the powers of the Commission; and
       (B) shall be filled in the same manner as the original 
     appointment was made.
       (e) Initial Meeting.--Not later than 30 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (f) Meetings.--The Commission shall meet annually at the 
     call of the co-chairpersons described under subsection (h).
       (g) Quorum.--A quorum of the Commission for decision making 
     purposes shall be 5 members, except that a lesser number of 
     members, as determined by the Commission, may conduct 
     meetings.
       (h) Co-chairpersons.--The President shall designate 2 of 
     the members of the Commission as co-chairpersons of the 
     Commission.

     SEC. 4. DUTIES.

       (a) In General.--The Commission shall--
       (1) plan and develop activities appropriate to commemorate 
     the Quincentennial including a limited number of proposed 
     projects to be undertaken by the appropriate Federal 
     departments and agencies that commemorate the Quincentennial 
     by seeking to harmonize and balance the important goals of 
     ceremony and celebration with the equally important goals of 
     scholarship and education;
       (2) consult with and encourage appropriate Federal 
     departments and agencies, State and local governments, Indian 
     tribal governments, elementary and secondary schools, 
     colleges and universities, foreign governments, and private 
     organizations to organize and participate in Quincentennial 
     activities commemorating or examining--
       (A) the history of Florida;
       (B) the discovery of Florida;
       (C) the life of Ponce de Leon;
       (D) the myths surrounding Ponce de Leon's search for gold 
     and for the ``fountain of youth'';
       (E) the exploration of Florida; and
       (F) the beginnings of the colonization of North America; 
     and
       (3) coordinate activities throughout the United States and 
     internationally that relate to the history and influence of 
     the discovery of Florida.
       (b) Reports.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, the Commission shall submit to the 
     President and the Committee on Energy and Natural Resources 
     of the Senate and the Committee on Resources of the House of 
     Representatives a comprehensive report that includes specific 
     recommendations for--
       (A) the allocation of financial and administrative 
     responsibility among participating entities and persons with 
     respect to commemoration of the Quincentennial; and
       (B) the commemoration of the Quincentennial and related 
     events through programs and activities, including--
       (i) the production, publication, and distribution of books, 
     pamphlets, films, electronic publications, and other 
     educational materials focusing on the history and impact of 
     the discovery of Florida on the United States and the world;
       (ii) bibliographical and documentary projects, 
     publications, and electronic resources;
       (iii) conferences, convocations, lectures, seminars, and 
     other programs;
       (iv) the development of programs by and for libraries, 
     museums, parks and historic sites, including international 
     and national traveling exhibitions;
       (v) ceremonies and celebrations commemorating specific 
     events;
       (vi) the production, distribution, and performance of 
     artistic works, and of programs and activities, focusing on 
     the national and international significance of the discovery 
     of Florida; and
       (vii) the issuance of commemorative coins, medals, 
     certificates of recognition, and stamps.
       (2) Annual report.--The Commission shall submit an annual 
     report that describes the activities, programs, expenditures, 
     and donations of or received by the Commission to--
       (A) the President; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives.
       (3) Final report.--Not later than December 31, 2013, the 
     Commission shall submit a final report that describes the 
     activities, programs, expenditures, and donations of or 
     received by the Commission to--
       (A) the President; and
       (B) the Committee on Energy and Natural Resources of the 
     Senate and the Committee on Resources of the House of 
     Representatives.

[[Page S11122]]

       (c) Assistance.--In carrying out this Act, the Commission 
     shall consult, cooperate with, and seek advice and assistance 
     from appropriate Federal departments and agencies, including 
     the Department of the Interior.
       (d) Coordination of Activities.--In carrying out the duties 
     of the Commission, the Commission, in consultation with the 
     Secretary of State, may coordinate with the Government of 
     Spain and political subdivisions in Spain for the purposes of 
     exchanging information and research and otherwise involving 
     the Government of Spain, as appropriate, in the commemoration 
     of the Quincentennial.

     SEC. 5. POWERS OF THE COMMISSION.

       (a) In General.--The Commission may provide for--
       (1) the preparation, distribution, dissemination, 
     exhibition, and sale of historical, commemorative, and 
     informational materials and objects that will contribute to 
     public awareness of, and interest in, the Quincentennial, 
     except that any commemorative coin, medal, or postage stamp 
     recommended to be issued by the United States shall be sold 
     only by a Federal department or agency;
       (2) competitions and awards for historical, scholarly, 
     artistic, literary, musical, and other works, programs, and 
     projects relating to the Quincentennial;
       (3) a Quincentennial calendar or register of programs and 
     projects;
       (4) a central clearinghouse for information and 
     coordination regarding dates, events, places, documents, 
     artifacts, and personalities of Quincentennial historical and 
     commemorative significance; and
       (5) the design and designation of logos, symbols, or marks 
     for use in connection with the commemoration of the 
     Quincentennial and shall establish procedures regarding their 
     use.
       (b) Advisory Committee.--The Commission may appoint such 
     advisory committees as the Commission determines necessary to 
     carry out the purposes of this Act.

     SEC. 6. ADMINISTRATION.

       (a) Location of Office.--
       (1) Principal office.--The principal office of the 
     Commission shall be in St. Augustine, Florida.
       (2) Satellite office.--The Commission may establish a 
     satellite office in Washington, D.C.
       (b) Staff.--
       (1) Appointment of director and deputy director.--
       (A) In general.--The co-chairpersons, with the advice of 
     the Commission, may appoint and terminate a director and 
     deputy director without regard to the civil service laws 
     (including regulations).
       (B) Delegation to director.--The Commission may delegate 
     such powers and duties to the director as may be necessary 
     for the efficient operation and management of the Commission.
       (2) Staff paid from federal funds.--The Commission may use 
     any available Federal funds to appoint and fix the 
     compensation of not more than 4 additional personnel staff 
     members, as the Commission determines necessary.
       (3) Staff paid from non-federal funds.--The Commission may 
     use any available non-Federal funds to appoint and fix the 
     compensation of additional personnel.
       (4) Compensation.--
       (A) Members.--
       (i) In general.--A member of the Commission shall serve 
     without compensation.
       (ii) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (B) Staff.--
       (i) In general.--The co-chairpersons of the Commission may 
     fix the compensation of the director, deputy director, and 
     other personnel without regard to the provisions of chapter 
     51 and subchapter III of chapter 53 of title 5, United States 
     Code, relating to classification of positions and General 
     Schedule pay rates.
       (ii) Maximum rate of pay.--

       (I) Director.--The rate of pay for the director shall not 
     exceed the rate payable for level IV of the Executive 
     Schedule under section 5315 of title 5, United States Code.
       (II) Deputy director.--The rate of pay for the deputy 
     director shall not exceed the rate payable for level V of the 
     Executive Schedule under section 5316 of title 5, United 
     States Code.
       (III) Staff members.--The rate of pay for staff members 
     appointed under paragraph (2) shall not exceed the rate 
     payable for grade GS-15 of the General Schedule under section 
     5332 of title 5, United States Code.

       (c) Detail of Federal Government Employees.--
       (1) In general.--On request of the Commission, the head of 
     any Federal agency or department may detail any of the 
     personnel of the agency or department to the Commission to 
     assist the Commission in carrying out this Act.
       (2) Reimbursement.--A detail of personnel under this 
     subsection shall be without reimbursement by the Commission 
     to the agency from which the employee was detailed.
       (3) Civil service status.--The detail of the employee shall 
     be without interruption or loss of civil service status or 
     privilege.
       (d) Other Revenues and Expenditures.--
       (1) In general.--The Commission may procure supplies, 
     services, and property, enter into contracts, and expend 
     funds appropriated, donated, or received to carry out 
     contracts.
       (2) Donations.--
       (A) In general.--The Commission may solicit, accept, use, 
     and dispose of donations of money, property, or personal 
     services.
       (B) Limitations.--Subject to subparagraph (C), the 
     Commission shall not accept donations--
       (i) the value of which exceeds $50,000 annually, in the 
     case of donations from an individual; or
       (ii) the value of which exceeds $250,000 annually, in the 
     case of donations from a person other than an individual.
       (C) Nonprofit organization.--The limitations in 
     subparagraph (B) shall not apply in the case of an 
     organization that is--
       (i) described in section 501(c)(3) of the Internal Revenue 
     Code of 1986; and
       (ii) exempt from taxation under section 501(a) of the 
     Internal Revenue Code of 1986.
       (3) Acquired items.--Any book, manuscript, miscellaneous 
     printed matter, memorabilia, relic, and other material or 
     property relating to the time period of the discovery of 
     Florida acquired by the Commission may be deposited for 
     preservation in national, State, or local libraries, museums, 
     archives, or other agencies with the consent of the 
     depositary institution.
       (e) Postal Services.--The Commission may use the United 
     States mail to carry out this Act in the same manner and 
     under the same conditions as other agencies of the Federal 
     Government.
       (f) Voluntary Services.--Notwithstanding section 1342 of 
     title 31, United States Code, the Commission may accept and 
     use voluntary and uncompensated services as the Commission 
     determines to be necessary.

     SEC. 7. STUDY.

       The Secretary of the Interior shall--
       (1) in accordance with section 8(c) of Public Law 91-383 
     (16 U.S.C. 1a-5(c)), conduct a study to assess the 
     suitability and feasibility of designating an area in the 
     State of Florida as a unit of the National Park System to 
     commemorate the discovery of Florida by Ponce de Leon; and
       (2) not later than 3 years after the date on which funds 
     are made available to carry out the study, submit to the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that describes--
       (A) the findings of the study; and
       (B) any conclusions and recommendations of the Secretary of 
     the Interior with respect to the study.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Subject to subsection (b), there is 
     authorized to be appropriated to carry out the purposes of 
     this Act $250,000 for each of fiscal years 2005 through 2013.
       (b) Availability of Funds.--Amounts appropriated under this 
     section for any fiscal year shall remain available until 
     December 31, 2013.

     SEC. 9. TERMINATION OF AUTHORITY.

       The authority provided by this Act terminates effective 
     December 31, 2013.

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