[Congressional Record Volume 152, Number 50 (Tuesday, May 2, 2006)]
[Senate]
[Pages S3903-S3915]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3825. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 3627 submitted by Mr. Vitter to the bill H.R. 4939, making 
emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of the amendment, add the following:
       (c) The amendments made by subsections (a) and (b) shall be 
     effective for the period beginning on the date of enactment 
     of this Act and ending on October 1, 2008.
                                 ______
                                 
  SA 3826. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 229, strike lines 5 through 14.

[[Page S3904]]

                                 ______
                                 
  SA 3827. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3776 submitted by Mr. Kohl and intended to be proposed to 
the bill H.R. 4939, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 1 of the amendment, strike line 3 and all 
     that follows through the end and insert the following:
       On page 207, between lines 15 and 16, insert the following:
       (2) Noninsured producers.--Except as provided in paragraph 
     (3), for producers on a farm that were eligible to acquire 
     crop insurance for the applicable production loss and failed 
     to do so or failed to submit an application for the 
     noninsured assistance program for the loss, the Secretary 
     shall make assistance in accordance with paragraph (1), 
     except that the payment rate shall be 35 percent of the 
     established price, instead of 50 percent.
       On page 207, line 16, strike ``(2)'' and insert ``(3)''.
       Beginning on page 211, strike line 10 and all that follows 
     through page 213, line 14.
       On page 213, line 15, strike ``(f)'' and insert ``(e)''.
       On page 230, strike lines 6 through 18 and insert the 
     following:

     SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall make a supplemental economic loss payment to--
       (1) any producer on a farm that received a direct payment 
     for crop year 2005 under title I of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.); or
       (2) any dairy producer that was eligible to receive a 
     payment during the 2005 calendar year under section 1502 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (b) Amount.--
       (1) Covered commodities.--Subject to paragraph (3), the 
     amount of a payment made to a producer on a farm under 
     subsection (a)(1) shall be equal to the product obtained by 
     multiplying--
       (A) 30 percent of the direct payment rate in effect for the 
     program crop of the farmer;
       (B) 85 percent of the program crop base of the farmer; and
       (C) the program payment yield for each program crop of the 
     farmer.
       (2) Dairy payments.--
       (A) Distribution.--Payments under subsection (a)(2) shall 
     be distributed in a manner that is consistent with section 
     1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (B) Maximum amount.--Subject to paragraph (3), the total 
     amount available for payments under subsection (a)(2) shall 
     not exceed $147,000,000.
       (3) Overall limitation.--The Secretary shall ensure that no 
     person receives payments under subsection (a) in excess of 
     the per person limitations applicable to producers that 
     receive payments under subsection (a)(1).
       On page 233, strike lines 3 through line 11.
       On page 233 line 12, strike ``3043'' and insert ``3042''.
                                 ______
                                 
  SA 3828. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3776 submitted by Mr. Kohl and intended to be proposed to 
the bill H.R. 4939, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 1 of the amendment, strike line 3 and all 
     that follows through the end and insert the following:
       On page 207, between lines 15 and 16, insert the following:
       (2) Noninsured producers.--Except as provided in paragraph 
     (3), for producers on a farm that were eligible to acquire 
     crop insurance for the applicable production loss and failed 
     to do so or failed to submit an application for the 
     noninsured assistance program for the loss, the Secretary 
     shall make assistance in accordance with paragraph (1), 
     except that the payment rate shall be 35 percent of the 
     established price, instead of 50 percent.
       On page 207, line 16, strike ``(2)'' and insert ``(3)''.
       Beginning on page 211, strike line 10 and all that follows 
     through page 213, line 14.
       On page 213, line 15, strike ``(f)'' and insert ``(e)''.
       Beginning on page 228, strike line 4 and all that follows 
     through page 230, line 18 and insert the following:

     SEC. 3021. REPLENISHMENT OF SECTION 32.

       (a) Definition of Specialty Crop.--In this section:
       (1) In general.--The term ``specialty crop'' means any 
     agricultural crop.
       (2) Exception.--The term ``specialty crop'' does not 
     include--
       (A) wheat;
       (B) feed grains;
       (C) oilseeds;
       (D) cotton;
       (E) rice;
       (F) peanuts; or
       (G) dairy.
       (b) Base State Grants.--
       (1) In general.--The Secretary shall use $25,500,000 of 
     funds of the Commodity Credit Corporation to make grants to 
     the several States, the District of Columbia, and the 
     Commonwealth of Puerto Rico to be used to support activities 
     that promote agriculture.
       (2) Amounts.--The amount of the grants shall be--
       (A) $500,000 to each of the several States; and
       (B) $250,000 to each of the Commonwealth of Puerto Rico and 
     the District of Columbia.
       (c) Grants for Value of Production.--The Secretary shall 
     use $49,500,000 of funds of the Commodity Credit Corporation 
     to make a grant to each of the several States in an amount 
     equal to the product obtained by multiplying--
       (1) the share of the State of the total value of specialty 
     crop and livestock production of the United States for the 
     2004 crop year, as determined by the Secretary; by
       (2) $49,500,000.
       (d) Special Crop and Livestock Priority.--As a condition on 
     the receipt of a grant under this section, a State shall 
     agree to give priority to the support of specialty crops and 
     livestock in the use of the grant funds.
       (e) Use of Funds.--A State may use funds from a grant 
     awarded under this section--
       (1) to supplement State food bank programs or other 
     nutrition assistance programs;
       (2) to promote the purchase, sale, or consumption of 
     agricultural products;
       (3) to provide economic assistance to agricultural 
     producers, giving a priority to the support of specialty 
     crops and livestock; or
       (4) for other purposes, as determined by the Secretary.

     SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall make a supplemental economic loss payment to--
       (1) any producer on a farm that received a direct payment 
     for crop year 2005 under title I of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.); or
       (2) any dairy producer that was eligible to receive a 
     payment during the 2005 calendar year under section 1502 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (b) Amount.--
       (1) Covered commodities.--Subject to paragraph (3), the 
     amount of a payment made to a producer on a farm under 
     subsection (a)(1) shall be equal to the product obtained by 
     multiplying--
       (A) 30 percent of the direct payment rate in effect for the 
     program crop of the farmer;
       (B) 85 percent of the program crop base of the farmer; and
       (C) the program payment yield for each program crop of the 
     farmer.
       (2) Dairy payments.--
       (A) Distribution.--Payments under subsection (a)(2) shall 
     be distributed in a manner that is consistent with section 
     1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (B) Maximum amount.--Subject to paragraph (3), the total 
     amount available for payments under subsection (a)(2) shall 
     not exceed $172,000,000.
       (3) Overall limitation.--The Secretary shall ensure that no 
     person receives payments under subsection (a) in excess of 
     the per person limitations applicable to producers that 
     receive payments under subsection (a)(1).
       On page 233, strike lines 3 through line 11.
       On page 233 line 12, strike ``3043'' and insert ``3042''.
                                 ______
                                 
  SA 3829. Mr. COLEMAN submitted an amendment intended to be proposed 
to amendment SA 3635 submitted by Mr. Allen (for himself and Mr. Burr) 
and intended to be proposed to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 3, line 23, strike ``including any'' and insert the 
     following: ``including--
       ``(aa) ethanol, when blended into gasoline in a 
     concentration of 20 percent by volume; and
       ``(bb) any
                                 ______
                                 
  SA 3830. Mr. McCAIN submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 224, strike line 23 through line 10 on 
     page 225.
                                 ______
                                 
  SA 3831. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike all in the pending amendment and insert in lieu 
     thereof:
       ``That for states in which the President declared a major 
     disaster (as that term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) on September 24, 2005, as a result of 
     Hurricane Rita, each county or

[[Page S3905]]

     parish eligible for individual and public assistance under 
     such declaration in such States will be treated equally for 
     purposes of cost-share adjustments under such Act, to account 
     for the impact in those counties and parishes of Hurricanes 
     Rita and Katrina.''
                                 ______
                                 
  SA 3832. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, insert the following:
       ``That for states in which the President declared a major 
     disaster (as that term is defined in section 102 of the 
     Robert T. Stafford Disaster Relief and Emergency Assistance 
     Act (42 U.S.C. 5122)) on September 24, 2005, as a result of 
     Hurricane Rita, each county or parish eligible for individual 
     and public assistance under such declaration in such States 
     will be treated equally for purposes of cost-share 
     adjustments under such Act, to account for the impact in 
     those counties and parishes of Hurricanes Rita and 
     Katrina.''.
                                 ______
                                 
  SA 3833. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. Grassley, 
and Mr. Stevens) and intended to be proposed to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:


             tax credit for vehicles with high fuel economy

       Sec.      . For purposes of the Internal Revenue Code of 
     1986, there shall be allowed as credit against the tax 
     imposed during the taxable year in which the vehicle is 
     placed in service an amount of $1000 for purchase of a 
     vehicle that obtains a minimum fuel economy of 45 miles per 
     gallon.
                                 ______
                                 
  SA 3834. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. Grassley, 
and Mr. Stevens) and intended to be proposed to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:


                    INVESTIGATION OF GASOLINE PRICES

       Sec. 7032. (a) In General.--If, based on weekly data 
     published by the Energy Information Administration of the 
     Department of Energy, the average price of regular grade 
     gasoline in a State increases 20 percent or more for at least 
     7 days during any 3-month period, the Federal Trade 
     Commission shall initiate an investigation into the retail 
     price of gasoline in that State to determine if the price of 
     gasoline is being artificially manipulated by reducing 
     refinery capacity or by any other form of manipulation.
       (b) Report.--Not later than 14 days after the initiation of 
     the investigation described in subsection (a), the Federal 
     Trade Commission shall report to Congress the results of the 
     investigation.
       (c) Public Meeting.--Not later than 14 days after issuing 
     the report described in subsection (b), the Federal Trade 
     Commission shall hold a public hearing in the State in which 
     the retail price of gasoline was investigated as described in 
     subsection (a) for the purpose of presenting the results of 
     the investigation.
       (d) Action on Price Increase.--
       (1) Finding of market manipulation.--If the Federal Trade 
     Commission determines that the increase in gasoline prices in 
     a State is a result of market manipulation, the Federal Trade 
     Commission shall, in cooperation with the Attorney General of 
     that State, take appropriate action.
       (2) No finding of market manipulation.--If the Federal 
     Trade Commission determines that the increase in gasoline 
     prices in a State is not the result of market manipulation, 
     the Federal Trade Commission shall notify the Secretary of 
     Energy, who shall, within 2 weeks of such notification, 
     decide if the Strategic Petroleum Reserve should be used to 
     assure adequate supplies of gasoline.
       (e) Termination.--This section shall cease to apply on the 
     date that is 5 years after the date of enactment of this Act.
                                 ______
                                 
  SA 3835. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. Grassley, 
and Mr. Stevens) and intended to be proposed to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:


  FUEL ASSISTANCE FROM OIL COMPANIES PROVIDING HIGH EMPLOYEE BONUS OR 
                          RETIREMENT PACKAGES

       Sec. 7___. (a) In this section, the term ``large integrated 
     oil company'' means, with respect to any taxable year, an 
     integrated oil company (as defined in section 291(b)(4) of 
     the Internal Revenue Code of 1986) that--
       (1) has gross receipts in excess of $1,000,000 for the 
     taxable year; and
       (2) has an average daily worldwide production of crude oil 
     of at least 500,000 barrels for the taxable year.
       (b) Notwithstanding any other provision of law, if a large 
     integrated oil company provides to an officer or employee of 
     the large integrated oil company a salary, bonus or 
     retirement package of more than $50,000,000, the large 
     integrated oil company shall pay an equal amount into the Low 
     Income Home Energy Assistance Program.
                                 ______
                                 
  SA 3836. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. Grassley, 
and Mr. Stevens) and intended to be proposed to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:


                        FUEL-EFFICIENT VEHICLES

       Sec. __. (a) None of the funds made available in this Act 
     may be used to purchase a vehicle for the Federal government 
     that is not fuel-efficient to the greatest extent possible, 
     consistent with other federal laws.
       (b) Not later than 6 months after the date of the enactment 
     of this Act, the President shall submit to Congress a report 
     on the number and type of vehicles purchased by the Federal 
     government, including the fuel economy of such vehicles.
                                 ______
                                 
  SA 3837. Mr. HARKIN submitted an amendment intended to be proposed to 
amendment SA 3714 proposed by Mrs. Murray (for Mr. Harkin) to the bill 
H.R. 4939, making emergency supplemental appropriations for the fiscal 
year ending September 30, 2006, and for other purposes; which was 
ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:


   UNITED STATES INSTITUTE OF PEACE PROGRAMS IN IRAQ AND AFGHANISTAN

       Sec. 1406. (a)(1) The amount appropriated by this chapter 
     for other bilateral assistance under the heading ``Economic 
     Support Fund'' is hereby increased by $8,500,000.
       (2) The amount made available under paragraph (1) is 
     designated as an emergency requirement pursuant to section 
     402 of H. Con. Res. 95 (109th Congress), the concurrent 
     resolution on the budget for fiscal year 2006.
       (b) Of the amount appropriated by this chapter for other 
     bilateral assistance under the heading ``Economic Support 
     Fund'', as increased by subsection (a), $8,500,000 shall be 
     made available to the United States Institute of Peace for 
     programs in Iraq and Afghanistan.
       (c) Of the funds made available by chapter 2 of title II of 
     division A of the Emergency Supplemental Appropriations Act 
     for Defense, the Global War on Terror, and Tsunami Relief, 
     2005'' (Public Law 109-13) for military assistance under the 
     heading ``Peacekeeping Operations'' and available for the 
     Coalition Solidarity Initiative, $8,500,000 is rescinded.
                                 ______
                                 
  SA 3838. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment add the following:
       On page 207, lines 5 and 6, strike ``paragraph (2)'' and 
     insert ``paragraphs (2) and (3)''.
       On page 207, between lines 15 and 16, insert the following:
       (2) Noninsured producers.--Except as provided in paragraph 
     (3), for producers on a farm that were eligible to acquire 
     crop insurance for the applicable production loss and failed 
     to do so or failed to submit an application for the 
     noninsured assistance program for the loss, the Secretary 
     shall make assistance in accordance with paragraph (1), 
     except that the payment rate shall be 35 percent of the 
     established price, instead of 50 percent.
       On page 207, line 16, strike ``(2)'' and insert ``(3)''.
       Beginning on page 211, strike line 10 and all that follows 
     through page 213, line 14.
       On page 213, line 15, strike ``(f)'' and insert ``(e)''.
       On page 230, strike lines 6 through 18 and insert the 
     following:

     SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall make a supplemental economic loss payment to--
       (1) any producer on a farm that received a direct payment 
     for crop year 2005 under title

[[Page S3906]]

     I of the Farm Security and Rural Investment Act of 2002 (7 
     U.S.C. 7901 et seq.); or
       (2) any dairy producer that was eligible to receive a 
     payment during the 2005 calendar year under section 1502 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (b) Amount.--
       (1) Covered commodities.--Subject to paragraph (3), the 
     amount of a payment made to a producer on a farm under 
     subsection (a)(1) shall be equal to the product obtained by 
     multiplying--
       (A) 30 percent of the direct payment rate in effect for the 
     program crop of the farmer;
       (B) 85 percent of the program crop base of the farmer; and
       (C) the program payment yield for each program crop of the 
     farmer.
       (2) Dairy payments.--
       (A) Distribution.--Payments under subsection (a)(2) shall 
     be distributed in a manner that is consistent with section 
     1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (B) Maximum amount.--Subject to paragraph (3), the total 
     amount available for payments under subsection (a)(2) shall 
     not exceed $147,000,000.
       (3) Overall limitation.--The Secretary shall ensure that no 
     person receives payments under subsection (a) in excess of 
     the per person limitations applicable to producers that 
     receive payments under subsection (a)(1).
       On page 233, strike lines 3 through line 11.
       On page 233 line 12, strike ``3043'' and insert ``3042''.
                                 ______
                                 
  SA 3839. Mr. KOHL submitted an amendment intended to be proposed by 
him to the bill H.R. 4939, making emergency supplemental appropriations 
for the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the amendment add the following:
       On page 207, lines 5 and 6, strike ``paragraph (2)'' and 
     insert ``paragraphs (2) and (3)''.
       On page 207, between lines 15 and 16, insert the following:
       (2) Noninsured producers.--Except as provided in paragraph 
     (3), for producers on a farm that were eligible to acquire 
     crop insurance for the applicable production loss and failed 
     to do so or failed to submit an application for the 
     noninsured assistance program for the loss, the Secretary 
     shall make assistance in accordance with paragraph (1), 
     except that the payment rate shall be 35 percent of the 
     established price, instead of 50 percent.
       On page 207, line 16, strike ``(2)'' and insert ``(3)''.
       Beginning on page 211, strike line 10 and all that follows 
     through page 213, line 14.
       On page 213, line 15, strike ``(f)'' and insert ``(e)''.
       Beginning on page 228, strike line 4 and all that follows 
     through page 230, line 18 and insert the following:

     SEC. 3021. REPLENISHMENT OF SECTION 32.

       (a) Definition of Specialty Crop.--In this section:
       (1) In general.--The term ``specialty crop'' means any 
     agricultural crop.
       (2) Exception.--The term ``specialty crop'' does not 
     include--
       (A) wheat;
       (B) feed grains;
       (C) oilseeds;
       (D) cotton;
       (E) rice;
       (F) peanuts; or
       (G) dairy.
       (b) Base State Grants.--
       (1) In general.--The Secretary shall use $25,500,000 of 
     funds of the Commodity Credit Corporation to make grants to 
     the several States, the District of Columbia, and the 
     Commonwealth of Puerto Rico to be used to support activities 
     that promote agriculture.
       (2) Amounts.--The amount of the grants shall be--
       (A) $500,000 to each of the several States; and
       (B) $250,000 to each of the Commonwealth of Puerto Rico and 
     the District of Columbia.
       (c) Grants for Value of Production.--The Secretary shall 
     use $49,500,000 of funds of the Commodity Credit Corporation 
     to make a grant to each of the several States in an amount 
     equal to the product obtained by multiplying--
       (1) the share of the State of the total value of specialty 
     crop and livestock production of the United States for the 
     2004 crop year, as determined by the Secretary; by
       (2) $49,500,000.
       (d) Special Crop and Livestock Priority.--As a condition on 
     the receipt of a grant under this section, a State shall 
     agree to give priority to the support of specialty crops and 
     livestock in the use of the grant funds.
       (e) Use of Funds.--A State may use funds from a grant 
     awarded under this section--
       (1) to supplement State food bank programs or other 
     nutrition assistance programs;
       (2) to promote the purchase, sale, or consumption of 
     agricultural products;
       (3) to provide economic assistance to agricultural 
     producers, giving a priority to the support of specialty 
     crops and livestock; or
       (4) for other purposes, as determined by the Secretary.

     SEC. 3022. SUPPLEMENTAL ECONOMIC LOSS PAYMENTS.

       (a) In General.--Subject to subsection (b), the Secretary 
     shall make a supplemental economic loss payment to--
       (1) any producer on a farm that received a direct payment 
     for crop year 2005 under title I of the Farm Security and 
     Rural Investment Act of 2002 (7 U.S.C. 7901 et seq.); or
       (2) any dairy producer that was eligible to receive a 
     payment during the 2005 calendar year under section 1502 of 
     the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (b) Amount.--
       (1) Covered commodities.--Subject to paragraph (3), the 
     amount of a payment made to a producer on a farm under 
     subsection (a)(1) shall be equal to the product obtained by 
     multiplying--
       (A) 30 percent of the direct payment rate in effect for the 
     program crop of the farmer;
       (B) 85 percent of the program crop base of the farmer; and
       (C) the program payment yield for each program crop of the 
     farmer.
       (2) Dairy payments.--
       (A) Distribution.--Payments under subsection (a)(2) shall 
     be distributed in a manner that is consistent with section 
     1502 of the Farm and Rural Investment Act of 2002 (7 U.S.C. 
     7982).
       (B) Maximum amount.--Subject to paragraph (3), the total 
     amount available for payments under subsection (a)(2) shall 
     not exceed $172,000,000.
       (3) Overall limitation.--The Secretary shall ensure that no 
     person receives payments under subsection (a) in excess of 
     the per person limitations applicable to producers that 
     receive payments under subsection (a)(1).
       On page 233, strike lines 3 through line 11.
       On page 233 line 12, strike ``3043'' and insert ``3042''.
                                 ______
                                 
  SA 3840. Mr. JEFFORDS submitted an amendment intended to be proposed 
by him to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, insert the following text:

     SEC. FEDERAL AND CAPITOL COMPLEX FLEET REQUIREMENTS.

       (a) Regulations.--
       (1) In general.--The Secretary of Energy shall issue 
     regulations for Federal fleets subject to the Energy Policy 
     Act of 1992 (42 US.C. 13201 et seq.) requiring that not later 
     than fiscal year 2016 each Federal agency achieve at least a 
     30 percent reduction in petroleum consumption, as calculated 
     from the baseline established by the Secretary for fiscal 
     year 1999.
       (2) Requirement.--Not later than fiscal year 2016, of the 
     Federal vehicles required to be alternative fueled vehicles 
     under title V of the Energy Policy Act of 1992 (42 US.C. 
     13251 et seq.), at least 30 percent shall be hybrid motor 
     vehicles (including plug-in hybrid motor vehicles) or new 
     advanced lean burn technology motor vehicles (as defined in 
     section 30B(c)(3) of the Internal Revenue Code of 1986).
       (b) Inclusion of Electric Drive in Energy Policy Act of 
     1992.--Section 508(a) of the Energy Policy Act of 1992 (42 
     U.S.C. 13258(a)) is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Not later than January 31, 2007, the Secretary 
     shall--
       ``(A) allocate credit in an amount to be determined by the 
     Secretary for--
       ``(i) acquisition of--
       ``(I) a light-duty hybrid electric vehicle;
       ``(II) a plug-in hybrid electric vehicle;
       ``(III) a fuel cell electric vehicle;
       ``(IV) a medium- or heavy-duty hybrid electric vehicle;
       ``(V) a neighborhood electric vehicle; or
       ``(VI) a medium- or heavy-duty dedicated vehicle; and
       ``(ii) investment in qualified alternative fuel 
     infrastructure or nonroad equipment, as determined by the 
     Secretary; and
       ``(B) allocate more than 1, but not to exceed 5, credits 
     for investment in an emerging technology relating to any 
     vehicle described in subparagraph (A) to encourage--
       ``(i) a reduction in petroleum demand;
       ``(ii) technological advancement; and
       ``(iii) enhanced environmental performance and compliance 
     with federal environmental law.''.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section (including the 
     amendments made by subsection (b)) $10,000,000 for the period 
     of fiscal years 2007 through 2012.

     SEC. CAPITOL COMPLEX VEHICLES

       (a) Study on Transportation Infrastructure.--The Architect 
     of the Capitol, building on the Master Plan Study completed 
     in July 2000, shall conduct a study to evaluate accelerated 
     procurement of hybrid and alternative fueled vehicles under 
     title V of the Energy Policy Act of 1992 (42 U.S.C. 13251 et 
     seq.) as amended by this Act for use in the Capitol Complex 
     and determine how the existing transportation system could be 
     augmented to become more energy efficient, use hybrid and 
     alternative fueled vehicles and other unconventional and 
     renewable fuels, in a way that would enable the conduct of 
     routine maintenance and provide for additional transport for 
     Members of Congress and staff

[[Page S3907]]

     between locations in the Complex. Such study should seek to 
     ensure that no fewer than 30 percent of the vehicles in the 
     Capitol Complex are hybrid and alternative fueled vehicles by 
     2010, and may set a more aggressive procurement goal as 
     practicable.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Architect of the Capitol shall 
     transmit to Congress a report containing the results of the 
     study conducted under subsection (a).
       (c) Authorization.--There are authorized to be appropriated 
     to the Architect of the Capitol such sums as may be necessary 
     to carry out this section. Such sums shall remain available 
     until expended.
                                 ______
                                 
  SA 3841. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 31 of the amendment, strike line 15 and 
     all that follows through page 33, line 16.
                                 ______
                                 
  SA 3842. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 16 of the amendment, strike line 3 and 
     all that follows through page 17, line 4.
                                 ______
                                 
  SA 3843. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of p. 4, line 17 of the amendment, insert the 
     following section:

     SEC.   . CREDIT FOR EQUIPMENT FOR PROCESSING OR SORTING 
                   MATERIALS GATHERED THROUGH RECYCLING.

       (a) In General.--Subpart D of part IV of subchapter A of 
     chapter 1 of the Internal Revenue Code (relating to business-
     related credits), as amended by the Energy Policy Act of 2005 
     (Public Law 109-58), is amended by adding at the end the 
     following new section:

     ``SEC. 45M. CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.

       ``(a) Allowance of Credit.--For purposes of section 38, the 
     qualified recycling equipment credit determined under this 
     section for the taxable year is an amount equal to the amount 
     paid or incurred during the taxable year for the cost of 
     qualified recycling equipment placed in service or leased by 
     the taxpayer.
       ``(b) Limitation.--The amount allowable as a credit under 
     subsection (a) with respect to any qualified recycling 
     equipment shall not exceed--
       ``(1) in the case of such equipment described in subsection 
     (c)(1)(A)(i), 15 percent of the cost of such equipment, and
       ``(2) in the case of such equipment described in subsection 
     (c)(1)(A)(ii), 15 percent of so much of the cost of each 
     piece of equipment as exceeds $400,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified recycling equipment.--
       ``(A) In general.--The term `qualified recycling equipment' 
     means equipment, including connecting piping--
       ``(i) employed in sorting or processing residential and 
     commercial qualified recyclable materials described in 
     paragraph (2)(A) for the purpose of converting such materials 
     for use in manufacturing tangible consumer products, 
     including packaging, or
       ``(ii) the primary purpose of which is the shredding and 
     processing of qualified recyclable materials described in 
     paragraph (2)(B).
       ``(B) Equipment at commercial or public venues included.--
     For purposes of subparagraph (A)(i), such term includes 
     equipment which is utilized at commercial or public venues, 
     including recycling collection centers, where the equipment 
     is utilized to sort or process qualified recyclable materials 
     for such purpose.
       ``(C) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport recyclable materials.
       ``(2) Qualified recyclable materials.--The term `qualified 
     recyclable materials' means--
       ``(A) any packaging or printed material which is glass, 
     paper, plastic, steel, or aluminum, and
       ``(B) any electronic waste (including any cathode ray tube, 
     flat panel screen, or similar video display device with a 
     screen size greater than 4 inches measured diagonally, or a 
     central processing unit),

     generated by an individual or business and which has been 
     separated from solid waste for the purposes of collection and 
     recycling.
       ``(3) Processing.--The term `processing' means the 
     preparation of qualified recyclable materials into feedstock 
     for use in manufacturing tangible consumer products.
       ``(d) Amount Paid or Incurred.--For purposes of this 
     section--
       ``(1) In general.--The term `amount paid or incurred' 
     includes installation costs.
       ``(2) Lease payments.--In the case of the leasing of 
     qualified recycling equipment by the taxpayer, the term 
     `amount paid or incurred' means the amount of the lease 
     payments due to be paid during the term of the lease 
     occurring during the taxable year other than such portion of 
     such lease payments attributable to interest, insurance, and 
     taxes.
       ``(3) Grants, etc. excluded.--The term `amount paid or 
     incurred' shall not include any amount to the extent such 
     amount is funded by any grant, contract, or otherwise by 
     another person (or any governmental entity).
       ``(e) Other Tax Deductions and Credits Available for 
     Portion of Cost Not Taken Into Account for Credit Under This 
     Section.--No deduction or other credit under this chapter 
     shall be allowed with respect to the amount of the credit 
     determined under this section.
       ``(f) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section for any amount paid or 
     incurred with respect to any property, the increase in the 
     basis of such property which would (but for this subsection) 
     result from such expenditure shall be reduced by the amount 
     of the credit so allowed.''.
       (b) Conforming Amendments--
       (1) Credit made part of general business credit.--
     Subsection (b) of section 38, as amended by this Act, is 
     amended by striking ``plus'' at the end of paragraph (21), by 
     striking the period at the end of paragraph (22) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(23) the qualified recycling equipment credit determined 
     under section 45M(a).''.
       (2) Subsection (a) of section 1016, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (37), 
     by striking the period at the end of paragraph (38) and 
     inserting ``; and'', and by adding at the end the following 
     new paragraph:
       ``(39) to the extent provided in section 45M(f), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 45M.''.
       (3) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 45L the 
     following new item:

       ``Sec. 45M. Credit for qualified recycling equipment.''.

       (c) Effective Date--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.
                                 ______
                                 
  SA 3844. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of p. 4, line 17 of the amendment, insert the 
     following section:

     ``SEC.  . CREDIT FOR EQUIPMENT FOR PROCESSING OR SORTING 
                   MATERIALS GATHERED THROUGH RECYCLING.

       (a) In General.--Subpart IV of part H of subchapter A of 
     chapter 1 of the Internal Revenue Code (relating to business-
     related credits), as amended by the Energy Policy Act of 2005 
     (Public Law 109-58), is amended by adding at the end the 
     following new section:

     ``SEC. 45M. CREDIT FOR QUALIFIED RECYCLING EQUIPMENT.

       ``(a) Allowance of Credit.--For purposes of section 38, the 
     qualified recycling equipment credit determined under this 
     section for the taxable year is an amount equal to the amount 
     paid or incurred during the taxable year for the cost of 
     qualified recycling equipment placed in service or leased by 
     the taxpayer.
       ``(b) Limitation.--The amount allowable as a credit under 
     subsection (a) with respect to any qualified recycling 
     equipment shall not exceed--
       ``(1) in the case of such equipment described in subsection 
     (c)(1)(A)(i), 15 percent of the cost of such equipment, and
       ``(2) in the case of such equipment described in subsection 
     (c)(1)(A)(ii), 15 percent of so much of the cost of each 
     piece of equipment as exceeds $400,000.
       ``(c) Definitions.--For purposes of this section--
       ``(1) Qualified recycling equipment.--
       ``(A) In general.--The term `qualified recycling equipment' 
     means equipment, including connecting piping--
       ``(i) employed in sorting or processing residential and 
     commercial qualified recyclable materials described in 
     paragraph (2)(A) for the purpose of converting such materials 
     for use in manufacturing tangible consumer products, 
     including packaging, or
       ``(ii) the primary purpose of which is the shredding and 
     processing of qualified recyclable materials described in 
     paragraph (2)(B).

[[Page S3908]]

       ``(B) Equipment at commercial or public venues included.--
     For purposes of subparagraph (A)(i), such term includes 
     equipment which is utilized at commercial or public venues, 
     including recycling collection centers, where the equipment 
     is utilized to sort or process qualified recyclable materials 
     for such purpose.
       ``(C) Exclusion.--Such term does not include rolling stock 
     or other equipment used to transport recyclable materials.
       ``(2) Qualified recyclable materials.--The term `qualified 
     recyclable materials' means--
       ``(A) any packaging or printed material which is glass, 
     paper, plastic, steel, or aluminum, and
       ``(B) any electronic waste (including any cathode ray tube, 
     flat panel screen, or similar video display device with a 
     screen size greater than 4 inches measured diagonally, or a 
     central processing unit),

     generated by an individual or business and which has been 
     separated from solid waste for the purposes of collection and 
     recycling.
       ``(3) Processing.--The term `processing' means the 
     preparation of qualified recyclable materials into feedstock 
     for use in manufacturing tangible consumer products.
       ``(d) Amount Paid or Incurred.--For purposes of this 
     section--
       ``(1) In general.--The term `amount paid or incurred' 
     includes installation costs.
       ``(2) Lease payments.--In the case of the leasing of 
     qualified recycling equipment by the taxpayer, the term 
     `amount paid or incurred' means the amount of the lease 
     payments due to be paid during the term of the lease 
     occurring during the taxable year other than such portion of 
     such lease payments attributable to interest, insurance, and 
     taxes.
       ``(3) Grants, etc. excluded.--The term `amount paid or 
     incurred' shall not include any amount to the extent such 
     amount is funded by any grant, contract, or otherwise by 
     another person (or any governmental entity).
       ``(e) Other Tax Deductions and Credits Available for 
     Portion of Cost Not Taken Into Account for Credit Under This 
     Section.--No deduction or other credit under this chapter 
     shall be allowed with respect to the amount of the credit 
     determined under this section.
       ``(f) Basis Adjustments.--For purposes of this subtitle, if 
     a credit is allowed under this section for any amount paid or 
     incurred with respect to any property, the increase in the 
     basis of such property which would (but for this subsection) 
     result from such expenditure shall be reduced by the amount 
     of the credit so allowed.''.
       (b) Conforming Amendments.--
       (1) Credit made part of general business credit.--
     Subsection (b) of section 38, as amended by this Act, is 
     amended by striking ``plus'' at the end of paragraph (21), by 
     striking the period at the end of paragraph (22) and 
     inserting ``, plus'', and by adding at the end the following 
     new paragraph:
       ``(23) the qualified recycling equipment credit determined 
     under section 45M(a).''.
       (2) Subsection (a) of section 1016, as amended by this Act, 
     is amended by striking ``and'' at the end of paragraph (37), 
     by striking the period at the end of paragraph (38) and 
     inserting ``; and'', and by adding at the end the following 
     new paragraph:
       ``(39) to the extent provided in section 45M(t), in the 
     case of amounts with respect to which a credit has been 
     allowed under section 45M.''.
       (3) The table of sections for subpart D of part IV of 
     subchapter A of chapter 1, as amended by this Act, is amended 
     by inserting after the item relating to section 45L the 
     following new item:

       ``Sec. 45M. Credit for qualified recycling equipment.''.

         (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2005.
                                 ______
                                 
  SA 3845. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 31 of the amendment, strike line 15 and 
     all that follows through page 33, line 16, and on page 47 of 
     the amendment strike line 18 and all that follows through 
     page 49, line 4.
                                 ______
                                 
  SA 3846. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 31 of the amendment, strike line 15 and 
     all that follows through page 33, line 16.
                                 ______
                                 
  SA 3847. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 16 of the amendment, strike line 3 and 
     all that follows through page 17, line 4.
                                 ______
                                 
  SA 3848. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the amendment, insert the following text:

     SEC.  . FEDERAL AND CAPITOL COMPLEX FLEET REQUIREMENTS.

       (a) Regulations.--
       (1) In general.--The Secretary of Energy shall issue 
     regulations for Federal fleets subject to the Energy Policy 
     Act of 1992 (42 U.S.C. 13201 et seq.) requiring that not 
     later than fiscal year 2016 each Federal agency achieve at 
     least a 30 percent reduction in petroleum consumption, as 
     calculated from the baseline established by the Secretary for 
     fiscal year 1999.
       (2) Requirement.--Not later than fiscal year 2016, of the 
     Federal vehicles required to be alternative fueled vehicles 
     under title V of the Energy Policy Act of 1992 (42 U.S.C. 
     13251 et seq.), at least 30 percent shall be hybrid motor 
     vehicles (including plug-in hybrid motor vehicles) or new 
     advanced lean burn technology motor vehicles (as defined in 
     section 30B(c)(3) of the Internal Revenue Code of 1986).
       (b) Inclusion of Electric Drive in Energy Policy Act of 
     1992.--Section 508(a) of the Energy Policy Act of 1992 (42 
     U.S.C. 13258(a)) is amended--
       (1) by inserting ``(1)'' before ``The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Not later than January 31,2007, the Secretary shall--
       ``(A) allocate credit in an amount to be determined by the 
     Secretary for--
       ``(i) acquisition of--
       ``(I) a light-duty hybrid electric vehicle;
       ``(II) a plug-in hybrid electric vehicle;
       ``(III) a fuel cell electric vehicle;
       ``(IV) a medium- or heavy-duty hybrid electric vehicle;
       ``(V) a neighborhood electric vehicle; or
       ``(VI) a medium- or heavy-duty dedicated vehicle; and
       ``(ii) investment in qualified alternative fuel 
     infrastructure or nonroad equipment, as determined by the 
     Secretary; and
       ``(B) allocate more than I, but not to exceed 5, credits 
     fur investment in an emerging technology relating to any 
     vehicle described in subparagraph (A) to encourage--
       ``(i) a reduction in petroleum demand;
       ``(ii) technological advancement; and
       ``(iii) enhanced environmental performance and compliance 
     with federal environmental law.''.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section (including the 
     amendments made by subsection (b)) $10,000,000 for the period 
     of fiscal years 2007 through 2012.

     SEC.  CAPITOL COMPLEX VEHICLES.

       (a) Study on Transportation Infrastructure.--The Architect 
     of the Capitol, building on the Master Plan Study completed 
     in July 2000, shall conduct a study to evaluate accelerated 
     procurement of hybrid and alternative fueled vehicles under 
     title V of the Energy Policy Act of 1992 (42 U.S.C. 13251 et 
     seq.) as amended by this Act for use in the Capitol Complex 
     and determine how the existing transportation system could be 
     augmented to become more energy efficient, use hybrid and 
     alternative fueled vehicles and other unconventional and 
     renewable fuels, in a way that would enable the conduct of 
     routine maintenance and provide for additional transport for 
     Members of Congress and staff between locations in the 
     Complex. Such study should seek to ensure that no fewer than 
     30 percent of the vehicles in the Capitol Complex are hybrid 
     and alternative fueled vehicles by 2010, and may set a more 
     aggressive procurement goal as practicable.
       (b) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Architect of the Capitol shall 
     transmit to Congress a report containing the results of the 
     study conducted under subsection (a).
       (c) Authorization.--There are authorized to be appropriated 
     to the Architect of the Capitol such sums as may be necessary 
     to carry out this section. Such sums shall remain available 
     until expended.
                                 ______
                                 
  SA 3849. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 3688 submitted by Mr. Kennedy to the bill H.R. 4939, 
making emergency supplemental appropriations for the fiscal year ending 
September 30, 2006, and for other purposes; which was ordered to lie on 
the table; as follows:


[[Page S3909]]


       At the end of the amendment, add the following:
       Sec. ___. Of the funds provided in this chapter for the 
     Economic Support Fund, not less than $106,000,000 should be 
     made available for the purpose of supporting democracy 
     programs in Iraq.
                                 ______
                                 
  SA 3850. Mr. WYDEN (for himself, Mr. Kyl, Mr. Lieberman, Ms. Snowe, 
Mr. Lautenberg, and Mrs. Boxer) submitted an amendment intended to be 
proposed to amendment SA 3665 proposed by Mr. Wyden to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:


      PROHIBITION OF FUNDS FOR OIL AND NATURAL GAS ROYALTY RELIEF

       Sec. 7032. (a) No funds made available under this Act or 
     any other Act for any fiscal year for royalty and offshore 
     minerals management may be used by the Secretary of the 
     Interior to provide relief from a requirement to pay a 
     royalty for the production of oil or natural gas from Federal 
     land during any year in which--
       (1) for the production of oil, the arithmetic average of 
     the closing prices on the New York Mercantile Exchange for 
     light sweet crude oil is greater than $55 a barrel; and
       (2) for the production of natural gas, the arithmetic 
     average of the closing prices on the New York Mercantile 
     Exchange for natural gas is greater than $10 per million 
     British thermal units.
       (b) In administering funds made available for royalty or 
     offshore minerals management, the Secretary of the Interior 
     may waive or specify alternative requirements if the 
     Secretary of the Interior determines that royalty relief is 
     necessary to avoid oil or natural gas supply disruptions as a 
     consequence of hurricanes or other natural disasters.
                                 ______
                                 
  SA 3851. Ms. LANDRIEU submitted an amendment intended to be propsoed 
to amendment SA 3593 submitted by Ms. Landrieu and intended to be 
proposed to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be added, add the 
     following:

                               CHAPTER __

               FLEXIBILITY IN HURRICANE EDUCATION FUNDING

       Sec. __. Notwithstanding any other provision of law, the 
     Director of the Federal Emergency Management Agency, in 
     providing assistance to entities located in Louisiana that 
     are seeking reimbursement for damages incurred to public 
     schools due to the effects of Hurricane Katrina or Hurricane 
     Rita, shall provide the aggregate amount of such assistance 
     directly to the State educational agency serving Louisiana to 
     enable such agency to pay for expenses related to school 
     reconstruction, renovation, or repair, as determined 
     appropriate by such agency.
                                 ______
                                 
  SA 3852. Mr. LIEBERMAN (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed to amendment SA 3700 submitted by Mr. 
Domenici (for himself, Mr. Grassley Mr. Stevens) and intended to be 
proposed to the bill H.R. 4939, making emergency supplemental 
appropriations for the fiscal year ending September 30, 2006, and for 
other purposes; which was ordered to lie on the table; as follows:

       Beginning on page 29 of the amendment, strike line 17 and 
     all that follows through page 54, line 25.
                                 ______
                                 
  SA 3853. Mr. OBAMA (for himself, Mr. Coburn, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       At the end of the amendment, add the following:


            ACCOUNTABILITY IN HURRICANE RECOVERY CONTRACTING

       Sec. 7032. None of the funds appropriated by this Act that 
     are made available for relief and recovery efforts related to 
     Hurricane Katrina and the other hurricanes of the 2005 season 
     may be used by an executive agency to enter into any Federal 
     contract exceeding $500,000 through the use of procedures 
     other than competitive procedures as required by the Federal 
     Acquisition Regulation and, as applicable, section 303(a) of 
     the Federal Property and Administrative Services Act of 1949 
     (41 U.S.C. 253(a)) or section 2304(a) of title 10, United 
     States Code.
                                 ______
                                 
  SA 3854. Mrs. BOXER submitted an amendment intended to be proposed to 
amendment SA 3816 submitted by Mrs. Boxer and intended to be proposed 
to the bill H.R. 4939, making emergency supplemental appropriations for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:


SENSE OF SENATE ON ESTABLISHMENT OF DEPARTMENT OF DEFENSE TASK FORCE ON 
                             MENTAL HEALTH

       Sec. _. It is the sense of the Senate that the Secretary of 
     Defense should comply with section 723 of the National 
     Defense Authorization Act for Fiscal Year 2006 (Public Law 
     109-163; 119 Stat. 3348) and immediately establish, and 
     appoint the members of, the Department of Defense task force 
     on mental health required pursuant to that section.
                                 ______
                                 
  SA 3855. Mr. BIDEN submitted an amendment intended to be proposed to 
amendment SA 3717 submitted by Mr. Biden and intended to be proposed to 
the bill H.R. 4939, making emergency supplemenial appropriations for 
the fiscal year ending September 30, 2006, and for other purposes; 
which was ordered to lie on the table; as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       On page 253, between lines 19 and 20, insert the following:


        Prohibition on use of funds for certain purposes in Iraq

       Sec. 7032. None of the funds made available by title I of 
     this Act may be made available to establish permanent United 
     States military bases in Iraq, or to exercise United States 
     control over the oil infrastructure or oil resources of Iraq.
                                 ______
                                 
  SA 3856. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3700 submitted by Mr. Domenici (for himself, Mr. 
Grassley, and Mr. Stevens) and intended to be proposed to the bill H.R. 
4939, making emergency supplemental appropriations for the fiscal year 
ending September 30, 2006, and for other purposes; which was ordered to 
lie on the table; as follows:

       Beginning on page 31 of the amendment, strike line 15 and 
     all that follows through page 33, line 16, and on page 47 of 
     the amendment strike line 18 and all that follows through 
     page 49, line 4.
                                 ______
                                 
  SA 3857. Mr. JEFFORDS submitted an amendment intended to be proposed 
to amendment SA 3613 submitted by Mr. Voinovich (for himself, Mr. 
Obama, Mr. DeWine, Mr. Levin, Ms. Stabenow, Mr. Durbin, and Mr. Dayton) 
and intended to be proposed to the bill H.R. 4939, making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2006, and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the matter proposed to be inserted, add the 
     following: ``Provided further, That, of the amount provided 
     under this heading, $500,000 shall be made available for the 
     construction, operation, and maintenance, at full Federal 
     expense, of a dispersal barrier project at the Lake Champlain 
     Canal, Vermont.
                                 ______
                                 
  SA 3858. Mr. ENSIGN (for Mr. McCain) proposed an amendment to the 
bill S. 1003, to amend the Act of December 22, 1974, 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 ``Navajo-
     Hopi Land Settlement Amendments of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Effect of Act.

          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

Sec. 101. Repeal of sections.
Sec. 102. Definitions; division of land.
Sec. 103. Joint ownership of minerals.
Sec. 104. Actions.
Sec. 105. Paiute Indian allotments.
Sec. 106. Partitioned and other designated land.
Sec. 107. Resettlement land for Navajo Tribe.
Sec. 108. Office of Navajo and Hopi Indian Relocation.
Sec. 109. Report.
Sec. 110. Relocation of households and members.
Sec. 111. Relocation housing.
Sec. 112. Payment for use of land.
Sec. 113. Effect of Act.
Sec. 114. Actions for accounting, fair value of grazing, and claims for 
              damages to land.
Sec. 115. Joint use.
Sec. 116. Religious ceremonies; piping of water.

[[Page S3910]]

Sec. 117. Access to religious shrines.
Sec. 118. Exclusion of Payments from certain Federal determinations of 
              income.
Sec. 119. Authorization of exchange.
Sec. 120. Severability.
Sec. 121. Authorization of appropriations.
Sec. 122. Discretionary fund.
Sec. 123. Attorney fees and court costs.
Sec. 124. Lobbying.
Sec. 125. Navajo Rehabilitation Trust Fund.
Sec. 126. Availability of Funds for relocation assistance.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

Sec. 201. Definitions.
Sec. 202. Transfer of functions.
Sec. 203. Personnel provisions.
Sec. 204. Delegation and assignment.
Sec. 205. Reorganization.
Sec. 206. Rules.
Sec. 207. Transfer and allocations of appropriations and personnel.
Sec. 208. Incidental transfers.
Sec. 209. Effect on personnel.
Sec. 210. Separability.
Sec. 211. Transition.
Sec. 212. Report.
Sec. 213. References.
Sec. 214. Additional conforming amendment.
Sec. 215. Effect of title.
Sec. 216. Effective date.

    TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION

Sec. 301. Separation pay.
Sec. 302. Federal retirement.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) the Act of December 22, 1974 (25 U.S.C. 640d et seq.) 
     (commonly known as the ``Navajo-Hopi Land Settlement Act of 
     1974'') was enacted to address the century-long land disputes 
     between the Navajo Tribe and the Hopi Tribe and to establish 
     a relocation process to remove, by December 31, 1986, Navajos 
     and Hopis from land allocated to the other tribe by requiring 
     the filing of a relocation plan;
       (2) the Office of Navajo and Hopi Relocation was 
     established in 1988 as a temporary independent agency to 
     implement a 1981 relocation plan under that Act to relocate 
     eligible families that lived on disputed land as of December 
     22, 1974;
       (3) the relocation process has been plagued with 
     controversy and delay, and Congress has had to amend the Act 
     several times to authorize the expansion of original 
     relocation activity and to provide additional appropriations 
     for the implementation of relocation activities;
       (4) the Office of Navajo and Hopi Indian Relocation has 
     reviewed over 4,600 applications, considered numerous 
     appeals, provided relocation homes for over 3,600 families;
       (5) the Office of Navajo and Hopi Indian Relocation has 
     provided financial assistance and technical support to the 
     Navajo Tribe and the Hopi Tribe to address the impacts of 
     relocation, including the operation of livestock grazing 
     programs and resources to assist in the resettlement of 
     individuals;
       (6) individual Navajos and Hopis have had over 20 years 
     during which to apply for and receive relocation benefits or 
     to appeal a finding of ineligibility through the Office of 
     Navajo and Hopi Relocation and in Federal district court; and
       (7) the Office of Navajo and Hopi Relocation has had 
     sufficient time in which to notify potential eligible 
     applicants of the opportunity to receive relocation benefits, 
     to certify that specific individuals qualify for such 
     benefits, and to provide eligible individuals with 
     replacement housing, counseling, and other assistance to 
     adapt to relocation on Indian land or within non-Indian 
     communities.

     SEC. 3. EFFECT OF ACT.

       Nothing in this Act, or an amendment made by this Act--
       (1) limits or otherwise affects any determination of a 
     court, including a determination relating to an action 
     pending as of the date of enactment of this Act, relating to 
     a dispute of the Navajo Indian tribe or the Hopi Indian tribe 
     with respect to--
       (A) land; or
       (B) any settlement agreement; or
       (2) authorizes any cause of action not in existence on the 
     day before the date of enactment of this Act.

          TITLE I--AMENDMENTS TO THE ACT OF DECEMBER 22, 1974

     SEC. 101. REPEAL OF SECTIONS.

       (a) In General.--The Act of December 22, 1974 (25 U.S.C. 
     640d et seq.), is amended in the first undesignated section 
     by striking ``That, (a) within'' and all that follows through 
     the end of the section.
       (b) Additional Repeals.--Sections 2 through 5 and sections 
     26, 28, and 30 of the Act of December 22, 1974 (25 U.S.C. 
     640d-1 through 640d-4; 88 Stat. 1723; 25 U.S.C. 640d-26, 
     640d-28), are repealed.

     SEC. 102. SHORT TITLE; DEFINITIONS.

       Section 6 of the Act of December 22, 1974 (25 U.S.C. 640d-
     5), is amended by striking ``Sec. 6. The Mediator'' and all 
     that follows through the end of the section and inserting the 
     following:

     ``SECTION 1. SHORT TITLE.

       ``This Act may be cited as the `Navajo-Hopi Land Settlement 
     Act'.

     ``SEC. 2. DEFINITIONS.

       ``In this Act:
       ``(1) District court.--The term `District Court' means the 
     United States District Court for the District of Arizona.
       ``(2) Secretary.--The term `Secretary' means the Secretary 
     of the Interior.
       ``(3) Tribe.--The term `Tribe' means--
       ``(A) the Navajo Indian Tribe; and
       ``(B) the Hopi Indian Tribe.''.

     SEC. 103. JOINT OWNERSHIP OF MINERALS.

       Section 7 of the Act of December 22, 1974 (25 U.S.C. 640d-
     6), is amended--
       (1) by striking ``Sec. 7. Partition'' and inserting the 
     following:

     ``SEC. 3. JOINT OWNERSHIP OF MINERALS.

       ``(a) In General.--Partition''; and
       (2) in the second sentence, by striking ``All'' and 
     inserting the following:
       ``(b) Joint Management.--All''.

     SEC. 104. ACTIONS.

       Section 8 of the Act of December 22, 1974 (25 U.S.C. 640d-
     7), is amended--
       (1) by striking ``Sec. 8. (a) Either Tribe'' and inserting 
     the following:

     ``SEC. 4. ACTIONS.

       ``(a) Actions in District Court.--Either Tribe'';
       (2) in subsection (b)--
       (A) in the first sentence, by striking ``(b) Lands, if 
     any,'' and inserting the following:
       ``(b) Allocation of Land.--
       ``(1) Navajo reservation.--Any land'';
       (B) in the second sentence, by striking ``Lands, if any,'' 
     and inserting the following:
       ``(2) Hopi reservation.--Any land''; and
       (C) in the third sentence, by striking ``Any lands'' and 
     inserting the following:
       ``(3) Joint and undivided interests.--Any land'';
       (3) in subsection (c)--
       (A) by striking ``(c)(1) Either'' and inserting the 
     following:
       ``(c) Exchange of Land.--
       ``(1) In general.--Either'';
       (B) in paragraph (2), by striking ``(2) In the event'' and 
     inserting the following:
       ``(2) Interests of tribes.--If'';
       (C) in paragraph (3), by striking ``(3) Neither'' and 
     inserting the following:
       ``(3) Defense.--Neither''; and
       (D) by striking ``section 18'' each place it appears and 
     inserting ``section 14'';
       (4) in subsection (d), by striking ``(d) Nothing'' and 
     inserting the following:
       ``(d) Effect of Section.--Nothing'';
       (5) in subsection (e), by striking ``(e) The'' and 
     inserting the following:
       ``(e) Payment of Legal Fees, Court Costs, and Other 
     Expenses.--The''; and
       (6) by striking subsection (f).

     SEC. 105. PAIUTE INDIAN ALLOTMENTS.

       Section 9 of the Act of December 22, 1974 (25 U.S.C. 640d-
     8), is amended by striking ``Sec. 9. Notwithstanding'' and 
     inserting the following:

     ``SEC. 5. PAIUTE INDIAN ALLOTMENTS.

       ``Notwithstanding''.

     SEC. 106. PARTITIONED AND OTHER DESIGNATED LAND.

       Section 10 of the Act of December 22, 1974 (25 U.S.C. 640d-
     9), is amended--
       (1) by striking ``Sec. 10. (a) Subject'' and inserting the 
     following:

     ``SEC. 6. PARTITIONED AND OTHER DESIGNATED LAND.

       ``(a) Navajo Trust Land.--Subject'';
       (2) in subsection (a), by striking ``section 9 and 
     subsection (a) of section 17'' and inserting ``sections 5 and 
     13(a)'';
       (3) in subsection (b)--
       (A) by striking ``(b) Subject'' and inserting the 
     following:
       ``(b) Hopi Trust Land.--Subject'';
       (B) by striking ``section 9 and subsection (a) of section 
     17'' and inserting ``sections 5 and 13(a)'';
       (C) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4''; and
       (D) by striking ``section 8'' and inserting ``section 4'';
       (4) in subsection (c)--
       (A) by striking ``(c) The'' and inserting the following:
       ``(c) Protection of Rights and Property.--The''; and
       (B) by striking ``pursuant thereto'' and all that follows 
     through the end of the subsection and inserting ``pursuant to 
     this Act'';
       (5) in subsection (d), by striking ``(d) With'' and 
     inserting the following:
       ``(d) Protection of Benefits and Services.--With''; and
       (6) in subsection (e)--
       (A) by striking ``(e)(1) Lands'' and inserting the 
     following:
       ``(e) Tribal Jurisdiction Over Partitioned Land.--
       ``(1) In general.--Land'';
       (B) by adjusting the margins of subparagraphs (A) and (B) 
     of paragraph (1) appropriately; and
       (C) in the matter following subparagraph (B)--
       (i) by striking ``The provisions'' and inserting the 
     following:
       ``(2) Responsibility of secretary.--The provisions''; and
       (ii) by striking ``life tenants and''.

     SEC. 107. RESETTLEMENT LAND FOR NAVAJO TRIBE.

       (a) In General.--Section 11(a) of the Act of December 22, 
     1974 (25 U.S.C. 640d-10(a)), is amended--
       (1) by striking ``Sec. 11. (a) The Secretary'' and 
     inserting the following:

     ``SEC. 7. RESETTLEMENT LAND FOR NAVAJO TRIBE.

       ``(a) Transfer of Land.--
       ``(1) In general.--The Secretary'';
       (2) by striking ``(1) transfer not to exceed two hundred 
     and fifty thousand acres of lands'' and inserting the 
     following:
       ``(A) transfer not more than 250,000 acres of land 
     (including any acres previously transferred under this 
     Act)'';

[[Page S3911]]

       (3) by striking ``Tribe: Provided, That'' and all that 
     follows through ``as possible.'' and inserting ``Tribe; 
     and'';
       (4) in the first paragraph designated as paragraph (2)--
       (A) by striking ``(2) on behalf'' and inserting the 
     following:
       ``(B) on behalf''; and
       (B) by striking the second sentence;
       (5) in the matter following paragraph (1)(B) (as 
     redesignated by paragraph (4))--
       (A) in the first sentence--
       (i) by striking ``Subject to'' and all that follows through 
     ``all rights'' and inserting the following:
       ``(4) Requirements of transfer.--
       ``(A) In general.--Subject to this paragraph, all rights''; 
     and
       (ii) by striking ``paragraph (1)'' and inserting 
     ``paragraph (1)(A)'';
       (B) in the second sentence, by striking ``So long as'' and 
     inserting the following:
       ``(B) Coal lease applications.--
       ``(i) In general.--If'';
       (C) in the third sentence, by striking ``If such 
     adjudication'' and inserting the following:
       ``(ii) Issuance of leases.--If an adjudication under clause 
     (i)'';
       (D) in the fourth sentence, by striking ``The leaseholders 
     rights and interests'' and inserting the following:
       ``(iii) Rights and interests of leaseholders.--The rights 
     and interests of a holder of a lease described in clause 
     (i)''; and
       (E) in the fifth sentence, by striking ``If any'' and 
     inserting the following:
       ``(C) Claims under mining law.--If any'';
       (6) by inserting after paragraph (1)(B) (as redesignated by 
     paragraph (4)) the following:
       ``(2) Exchange of land.--
       ``(A) In general.--In order to facilitate a transfer of 
     land under paragraph (1)(A), the Secretary may exchange land 
     described in paragraph (1)(A) for State or private land of 
     equal value.
       ``(B) Unequal value.--If the State or private land 
     described in subparagraph (A) is of unequal value to the land 
     described in paragraph (1)(A), the recipient of the land that 
     is of greater value shall pay to the other party to the 
     exchange under subparagraph (A) compensation in an amount not 
     to exceed the lesser of--
       ``(i) the difference between the values of the land 
     exchanged; or
       ``(ii) the amount that is 25 percent of the total value of 
     the land transferred from the Secretary to the Navajo Tribe.
       ``(C) Responsibility of secretary.--The Secretary shall 
     make reasonable efforts to reduce any payment under 
     subparagraph (B) to the lowest practicable amount.
       ``(3) Title to land accepted.--The Secretary shall accept 
     title to land under subparagraphs (A) and (B) of paragraph 
     (1) on behalf of the United States in trust for the benefit 
     of the Navajo Tribe as a part of the Navajo reservation.''; 
     and
       (7) in the second paragraph designated as paragraph (2)--
       (A) in the first sentence--
       (i) by striking ``(2) Those'' and inserting the following:
       ``(5) State rights.--
       ``(A) In general.--The''; and
       (ii) by striking ``subsection 2 of this section'' and 
     inserting ``paragraph (1)(B)''; and
       (B) in the second sentence, by striking ``The'' and 
     inserting the following:
       ``(B) State interests.--The''.
       (b) Proximity of Land; Exchanges of Land.--Section 11(b) of 
     the Act of December 22, 1974 (25 U.S.C. 640d-10(b)), is 
     amended by striking ``(b) A border'' and inserting the 
     following:
       ``(b) Proximity of Land to Be Transferred or Acquired.--A 
     border''.
       (c) Selection of Land.--Section 11(c) of the Act of 
     December 22, 1974 (25 U.S.C. 640d-10(c)), is amended--
       (1) by striking ``(c) Lands'' and inserting the following:
       ``(c) Selection of Land to Be Transferred or Acquired.--
     Land''; and
       (2) by striking the period at the end and inserting the 
     following: ``: Provided further, That the authority of the 
     Commissioner to select lands under this subsection shall 
     terminate on September 30, 2008.''.
       (d) Reports.--Section 11(d) of the Act of December 22, 1974 
     (25 U.S.C. 640d-10(d)), is amended by striking ``(d) The'' 
     and inserting the following:
       ``(d) Reports.--The''.
       (e) Payments.--Section 11(e) of the Act of December 22, 
     1974 (25 U.S.C. 640d-10(e)), is amended by striking ``(e) 
     Payments'' and inserting the following:
       ``(e) Payments.--Payments''.
       (f) Acquisition of Title to Surface and Subsurface 
     Interests.--Section 11(f) of the Act of December 22, 1974 (25 
     U.S.C. 640d-10(f)), is amended--
       (1) by striking ``(f)(1) For'' and inserting the following:
       ``(f) Acquisition of Title to Surface and Subsurface 
     Interests.--
       ``(1) In general.--For'';
       (2) in paragraph (2), by striking ``(2) If'' and inserting 
     the following:
       ``(2) Public notice; report.--If''; and
       (3) in paragraph (3), by striking ``(3) In any case where'' 
     and inserting the following:
       ``(3) Rights of subsurface owners.--If''.
       (g) Land Not Available for Transfer.--Section 11(g) of the 
     Act of December 22, 1974 (25 U.S.C. 640d-10(g)), is amended 
     by striking ``(g) No'' and inserting the following:
       ``(g) Land Not Available for Transfer.--No''.
       (h) Administration of Land Transferred or Acquired.--
     Section 11(h) of the Act of December 22, 1974 (25 U.S.C. 
     640d-10(h)), is amended--
       (1) by striking ``(h) The lands'' and inserting the 
     following:
       ``(h) Administration of Land Transferred or Acquired.--
       ``(1) In general.--The land''; and
       (2) by adding at the end the following:
       ``(2) Relocation.--
       ``(A) In general.--In order to facilitate relocation of a 
     member of a Tribe, the Commissioner may grant a homesite 
     lease on land acquired under this section to a member of the 
     extended family of a Navajo Indian who is certified as 
     eligible to receive benefits under this Act.
       ``(B) Exception.--The Commissioner may not use any funds 
     available to the Commissioner to carry out this Act to 
     provide housing to an extended family member described in 
     subparagraph (A).''.
       (i) Negotiations Regarding Land Exchanges and Leases.--
     Section 11(i) of the Act of December 22, 1974 (25 U.S.C. 
     640d-10(i)), is amended--
       (1) by striking ``(i) The'' and inserting the following:
       ``(i) Negotiations Regarding Land Exchanges and Leases.--
     The''; and
       (2) by striking ``section 23'' and inserting ``section 
     19''.

     SEC. 108. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

       Section 12 of the Act of December 22, 1974 (25 U.S.C. 640d-
     11), is amended--
       (1) by striking ``Sec. 12. (a) There is hereby'' and 
     inserting the following:

     ``SEC. 8. OFFICE OF NAVAJO AND HOPI INDIAN RELOCATION.

       ``(a) Establishment.--There is'';
       (2) in subsection (b), by striking ``(b) The'' and 
     inserting the following:
       ``(b) Appointment.--The'';
       (3) in subsection (c)--
       (A) by striking ``(c)(1)(A) Except'' and inserting the 
     following:
       ``(c) Continuation of Powers.--
       ``(1) Powers and duties of commissioner; existing funds.--
       ``(A) Powers and duties of commissioner.--Except'';
       (B) in paragraph (1)(B), by striking ``(B) All'' and 
     inserting the following:
       ``(B) Existing funds.--All''; and
       (C) in paragraph (2), by striking ``(2) There are hereby'' 
     and inserting the following:
       ``(2) Transfer of powers.--There are'';
       (4) in subsection (d)--
       (A) by striking ``(d)(1) Subject'' and inserting the 
     following:
       ``(d) Powers of Commissioner.--
       ``(1) In general.--Subject'';
       (B) by adjusting the margins of subparagraphs (A) and (B) 
     of paragraph (1) appropriately;
       (C) in paragraph (2), by striking ``(2) The'' and inserting 
     the following:
       ``(2) Contracts.--The''; and
       (D) in paragraph (3), by striking ``(3) There'' and 
     inserting the following:
       ``(3) Authorization of appropriations.--There'';
       (5) in subsection (e)--
       (A) by striking ``(e)(1)'' and inserting the following:
       ``(e) Administration.--
       ``(1) Administrative, fiscal, and housekeeping services.--
     '';
       (B) in paragraph (1)--
       (i) in the first sentence, by striking ``The'' and 
     inserting the following:
       ``(A) In general.--The''; and
       (ii) in the second sentence, by striking ``In any'' and 
     inserting the following:
       ``(B) Assistance from departments and agencies.--In any''; 
     and
       (C) in paragraph (2), by striking ``(2) On'' and inserting 
     the following:
       ``(2) Failure to provide assistance.--On'';
       (6) by striking subsection (f) and inserting the following:
       ``(f) Termination.--
       ``(1) In general.--The Office of Navajo and Hopi Indian 
     Relocation shall terminate on September 30, 2008.
       ``(2) Transfer of office duties.--On the date of 
     termination of the Office, any duty of the Office that has 
     not been carried out, as determined in accordance with this 
     Act, shall be transferred to the Secretary in accordance with 
     title II of the Navajo-Hopi Land Settlement Amendments of 
     2005.''; and
       (7) by adding at the end the following:
       ``(g) Ease of Transition.--Beginning on the date of 
     enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005, the Secretary may--
       ``(1) consult with the Commissioner regarding the transfer 
     of the responsibilities of the Office of Navajo and Hopi 
     Indian Relocation to the Department of the Interior; and
       ``(2) take any action the Secretary determines to be 
     necessary to assume the responsibilities of the Office on 
     September 30, 2008.''.

     SEC. 109. REPORT.

       Section 13 of the Act of December 22, 1974 (25 U.S.C. 640d-
     12), is amended--
       (1) by striking ``Sec. 13. (a) By no'' and inserting the 
     following:

     ``SEC. 9. REPORT.

       ``(a) In General.--Not''; and
       (2) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Inclusions.--The''; and
       (B) by striking ``contain, among other matters, the 
     following:'' and inserting ``include--''.

[[Page S3912]]

     SEC. 110. RELOCATION OF HOUSEHOLDS AND MEMBERS.

       Section 14 of the Act of December 22, 1974 (25 U.S.C. 640d-
     13), is amended--
       (1) by striking ``Sec. 14. (a)'' and inserting the 
     following:

     ``SEC. 10. RELOCATION OF HOUSEHOLDS AND MEMBERS.

       ``(a) Authorization.--'';
       (2) in subsection (a)--
       (A) in the first sentence--
       (i) by striking ``Consistent'' and inserting the following:
       ``(1) In general.--Consistent'';
       (ii) by striking ``section 8'' each place it appears and 
     inserting ``section 4'';
       (iii) by inserting ``(as in effect on the day before the 
     date of enactment of the Navajo-Hopi Land Settlement 
     Amendments of 2005)'' after ``section 3 or 4''; and
       (iv) by inserting ``, or, after September 30, 2008, the 
     Attorney General,'' after ``the Commissioner'';
       (B) by striking the second sentence;
       (C) in the third sentence, by striking ``No further'' and 
     inserting the following:
       ``(2) Settlements of navajo.--No further'';
       (D) in the fourth sentence, by striking ``No further'' and 
     inserting the following:
       ``(3) Settlements of hopi.--No further''; and
       (E) in the fifth sentence, by striking ``No individual'' 
     and inserting the following:
       ``(4) Grazing.--No individual'';
       (3) in subsection (b)--
       (A) by striking ``(b) In addition'' and inserting the 
     following:
       ``(b) Additional Payments to Heads of Households.--In 
     addition'';
       (B) by striking ``section 15'' and inserting ``section 
     11''; and
       (C) by striking ``section 13'' and inserting ``section 9'';
       (4) in subsection (c), by striking ``(c) No'' and inserting 
     the following:
       ``(c) Payments for Persons Moving After a Certain Date.--
     No''; and
       (5) by adding at the end the following:
       ``(d) Prohibition.--No payment for benefits under this Act 
     may be made to any head of a household if, as of September 
     30, 2008, that head of household has not been certified as 
     eligible to receive the payment.''.

     SEC. 111. RELOCATION HOUSING.

       Section 15 of the Act of December 22, 1974 (25 U.S.C. 640d-
     14), is amended--
       (1) by striking ``Sec. 15. (a)'' and inserting the 
     following:

     ``SEC. 11. RELOCATION HOUSING.

       ``(a) Purchase of Habitation and Improvements.--'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``The Commission'' 
     and inserting the following:
       ``(1) In general.--The Commission''; and
       (B) in the second sentence--
       (i) by striking ``The purchase'' and inserting the 
     following:
       ``(2) Purchase price.--The purchase''; and
       (ii) by striking ``as determined under clause (2) of 
     subsection (b) of section 13'';
       (3) in subsection (b)--
       (A) by striking ``(b) In addition'' and inserting the 
     following:
       ``(b) Reimbursement for Moving Expenses and Payment for 
     Replacement Dwelling.--In addition'';
       (B) by striking ``shall:'' and inserting ``shall--''; and
       (C) in paragraph (1), by inserting ``and'' after the 
     semicolon at the end;
       (4) in subsection (c)--
       (A) by striking ``(c) In implementing'' and inserting the 
     following:
       ``(c) Standards; Certain Payments.--
       ``(1) Standards.--In carrying out''; and
       (B) in the second sentence--
       (i) by striking ``No payment'' and inserting the following:
       ``(2) Certain payments.--No payment''; and
       (ii) by inserting ``(as in effect on the day before the 
     date of enactment of the Navajo-Hopi Land Settlement 
     Amendments of 2005)'' after ``section 8 or section 3 or 4'';
       (5) in subsection (d)--
       (A) by striking ``(d) The'' and inserting the following:
       ``(d) Methods of Payment.--The'';
       (B) by striking ``(1) Should'' and inserting the following:
       ``(1) Home ownership opportunity projects.--Should'';
       (C) by striking ``(2) Should'' and inserting the following:
       ``(2) Purchased and constructed dwellings.--Should''; and
       (D) by striking ``(3) Should'' and inserting the following:
       ``(3) Failure to arrange relocation.--Should'';
       (6) in subsection (e)--
       (A) by striking ``(e) The'' and inserting the following:
       ``(e) Disposal of Acquired Dwellings and Improvements.--
     The'';
       (B) by striking ``section 8'' and inserting ``section 4''; 
     and
       (C) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4'';
       (7) in subsection (f), by striking ``(f) Notwithstanding'' 
     and inserting the following:
       ``(f) Preferential Treatment.--Notwithstanding''; and
       (8) by striking subsection (g) and inserting the following:
       ``(g) Benefits.--
       ``(1) In general.--Not later than September 30, 2008, the 
     Commissioner shall notify the Secretary and each Tribe of the 
     identity of any head of household member of the Tribe that, 
     as of that date--
       ``(A) is certified as eligible to receive benefits under 
     this Act;
       ``(B) does not reside on land that has been partitioned to 
     the Tribe; and
       ``(C) has not received a replacement home.
       ``(2) Transfer of funds.--Not later than September 30, 
     2008, and except as provided in paragraph (4), the 
     Commissioner shall--
       ``(A) transfer to the Secretary any funds not used by the 
     Commissioner to make payments under this Act to eligible 
     heads of households; and
       ``(B) provide a notice to each Tribe regarding the amount 
     of the funds transferred under subparagraph (B).
       ``(3) Disposition of transferred funds.--
       ``(A) In general.--The Secretary shall hold any funds 
     transferred under paragraph (2) for the heads of households 
     described in paragraph (1)(A) until the date on which a 
     request for the funds, or a portion of the funds, is 
     submitted to the Secretary by--
       ``(i) an eligible head of household; or
       ``(ii) the Tribe, acting with the consent of such a head of 
     household.
       ``(B) Payment amounts.--Of the funds held under 
     subparagraph (A), the Secretary shall make payments to the 
     Tribe or heads of households described in paragraph (1)(A) in 
     amounts that would have been made to the heads of households 
     under this Act before September 30, 2008--
       ``(i) on receipt of a request of a head of household, to be 
     used for a replacement home; or
       ``(ii) on the date of death of the head of household, if 
     the head of household does not make a request under clause 
     (i), in accordance with subparagraph (C).
       ``(C) Distribution of funds on death of head of 
     household.--If the Secretary holds funds under this paragraph 
     for a head of household described in paragraph (1)(A) on the 
     death of the head of household, the Secretary shall--
       ``(i) identify and notify any heir of the head of 
     household, in accordance with applicable law; and
       ``(ii) distribute the funds held by the Secretary for the 
     head of household to any heir--

       ``(I) immediately, if the heir is at least 18 years old; or
       ``(II) if the heir is younger than 18 years old on the date 
     on which the Secretary identified the heir, on the date on 
     which the heir attains the age of 18.

       ``(D) Claims of competing heirs.--Any claim to a 
     distribution under subparagraph (C) that is disputed by any 
     competing heir of a head of household shall be determined 
     during the probate process in accordance with applicable law.
       ``(4) Disputed eligibility claims.--
       ``(A) Transfer of funds.--Not later than September 30, 
     2008, the Commissioner shall transfer to the Secretary an 
     appropriate percentage, as determined by the Commissioner, of 
     the funds not used by the Commissioner to make payments under 
     this Act to eligible heads of households.
       ``(B) Disposition of transferred funds.--
       ``(i) In general.--The Secretary shall hold any funds 
     transferred under subparagraph (A) for any individual the 
     status of whom under this Act is the subject of a dispute 
     with the Commissioner.
       ``(ii) Distributions to heads of households.--If an 
     individual described in clause (i) is identified by the 
     Commissioner as a head of household described in paragraph 
     (1), the Secretary shall distribute funds transferred under 
     subparagraph (A) to the individual in accordance with 
     paragraph (3).
       ``(h) Notification.--
       ``(1) In general.--To the extent not already provided, not 
     later than 180 days after the date of enactment of the 
     Navajo-Hopi Land Settlement Amendments of 2005, the 
     Commissioner shall notify each eligible head of household who 
     has not entered into a lease with the Hopi Tribe to reside on 
     land partitioned to the Hopi Tribe, in accordance with 
     section 700.138 of title 25, Code of Federal Regulations (or 
     a successor regulation).
       ``(2) List.--On the date on which a notice period referred 
     to in section 700.139 of title 25, Code of Federal 
     Regulations (or a successor regulation), expires, the 
     Commissioner shall submit to the Secretary and the United 
     States Attorney for the District of Arizona a list containing 
     the name and address of each eligible head of household who--
       ``(A) continues to reside on land that has not been 
     partitioned to the Tribe of the head of household; and
       ``(B) has not entered into a lease to reside on that land.
       ``(3) Construction of replacement homes.--Before July 1, 
     2008, but not later than 90 days after receiving a notice of 
     the imminent removal of a relocatee from land provided to the 
     Navajo Tribe or the Hopi Tribe under this Act, the 
     Commissioner shall--
       ``(A) make an eligibility determination with respect to the 
     relocatee in accordance with any appropriate policy or 
     procedure; and
       ``(B) on a determination under subparagraph (A) that the 
     relocatee is eligible for relocation--
       ``(i) begin construction of a replacement home on any land 
     acquired under section 6; or

[[Page S3913]]

       ``(ii) establish a fund for the benefit of the relocatee, 
     to be administered in accordance with this section.
       ``(i) Appeals.--
       ``(1) In general.--The Commissioner shall establish an 
     expedited hearing procedure for any appeal relating to the 
     denial of eligibility for benefits under this Act (including 
     regulations promulgated pursuant to this Act) that is pending 
     on, or filed after, the date of enactment of Navajo-Hopi Land 
     Settlement Amendments of 2005.
       ``(2) Final determinations.--The hearing procedure 
     established under paragraph (1) shall--
       ``(A) provide for a hearing before an impartial third 
     party, as the Commissioner determines necessary: and
       ``(B) ensure that a final determination is made by the 
     Office of Navajo and Hopi Indian Relocation for each appeal 
     described in paragraph (1) by not later than January 1, 2008.
       ``(j) Procurement of Services.--
       ``(1) In general.--Notwithstanding any other provision of 
     this Act, to ensure the full and fair evaluation of an appeal 
     hearing before an impartial third party referred to in 
     subsection (i)(2)(A), the Commissioner may enter into such 
     contracts or agreements to procure such services, and employ 
     such personnel (including attorneys), as the Commissioner 
     determines to be necessary.
       ``(2) Detail of administrative law judges or hearing 
     officers.--The Commissioner may request the Secretary to act 
     through the Director of the Office of Hearings and Appeals to 
     make available to the Office of Navajo and Hopi Indian 
     Relocation an administrative law judge or other hearing 
     officer with appropriate qualifications, as determined by the 
     Commissioner.
       ``(k) Appeal to United States Circuit Court of Appeals.--
       ``(1) In general.--Subject to paragraph (3), any individual 
     who, under the procedures established by the Commissioner 
     pursuant to this section, is determined not to be eligible to 
     receive benefits under this Act may appeal that determination 
     to the United States Circuit Court of Appeals for the Ninth 
     Circuit (referred to in this subsection as the `Circuit 
     Court').
       ``(2) Review.--
       ``(A) In general.--The Circuit Court shall, with respect to 
     each appeal described in paragraph (1)--
       ``(i) review the entire record (as certified to the Circuit 
     Court under paragraph (3)) on which a determination of the 
     ineligibility of the appellant to receive benefits under this 
     Act was based; and
       ``(ii) on the basis of that review, affirm or reverse that 
     determination.
       ``(B) Standard of review.--The Circuit Court shall affirm 
     any determination that the Circuit Court determines to be 
     supported by substantial evidence.
       ``(3) Notice of appeal.--
       ``(A) In general.--To the extent not already provided by 
     this Act or other applicable Federal law, not later than 30 
     days after a determination of ineligibility under paragraph 
     (1), an affected individual shall file a notice of appeal 
     with--
       ``(i) the Circuit Court; and
       ``(ii) the Commissioner.
       ``(B) Certification of record.--On receipt of a notice 
     under subparagraph (A)(ii), the Commissioner shall submit to 
     the Circuit Court the certified record on which the 
     determination that is the subject of the appeal was made.
       ``(C) Review period.--Not later than 60 days after 
     receiving a certified record under subparagraph (B), the 
     Circuit Court shall conduct a review and file a decision 
     regarding an appeal in accordance with paragraph (2).
       ``(D) Binding decision.--A decision made by the Circuit 
     Court under this subsection shall be final and binding on all 
     parties.''.

     SEC. 112. PAYMENT FOR USE OF LAND.

       Section 16 of the Act of December 22, 1974 (25 U.S.C. 640d-
     15), is amended--
       (1) by striking ``Sec. 16. (a) The Navajo'' and inserting 
     the following:

     ``SEC. 12. PAYMENT FOR USE OF LAND.

       ``(a) In General.--The Navajo'';
       (2) in subsection (a), by inserting ``(as in effect on the 
     day before the date of enactment of the Navajo-Hopi Land 
     Settlement Amendments of 2005)'' before ``sections 8 and 3 or 
     4''; and
       (3) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Payment.--The''; and
       (B) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``sections 8 and 3 or 4''.

     SEC. 113. EFFECT OF ACT.

       Section 17 of the Act of December 22, 1974 (25 U.S.C. 640d-
     16), is amended--
       (1) by striking ``Sec. 17. (a)'' and inserting the 
     following:

     ``SEC. 13. EFFECT OF ACT.

       ``(a) Title, Possession, and Enjoyment.--'';
       (2) in subsection (a)--
       (A) in the first sentence, by striking ``Nothing'' and 
     inserting the following:
       ``(1) In general.--Nothing''; and
       (B) in the second sentence, by striking ``Such'' and 
     inserting the following:
       ``(2) Residence on other reservations.--Any''; and
       (3) in subsection (b), by striking ``(b) Nothing'' and 
     inserting the following:
       ``(b) Federal Employees.--Nothing''.

     SEC. 114. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 
                   CLAIMS FOR DAMAGES TO LAND.

       Section 18 of the Act of December 22, 1974 (25 U.S.C. 640d-
     17), is amended--
       (1) by striking ``Sec. 18. (a) Either'' and inserting the 
     following:

     ``SEC. 14. ACTIONS FOR ACCOUNTING, FAIR VALUE OF GRAZING, AND 
                   CLAIMS FOR DAMAGES TO LAND.

       ``(a) Actions by Tribes.--Either'';
       (2) in subsection (a), by inserting ``(as in effect on the 
     day before the date of enactment of the Navajo-Hopi Land 
     Settlement Amendments of 2005)'' after ``section 3 or 4'';
       (3) in subsection (b)--
       (A) by striking ``(b) Neither'' and inserting the 
     following:
       ``(b) Defenses.--Neither''; and
       (B) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4'';
       (4) in subsection (c)--
       (A) by striking ``(c) Either'' and inserting the following:
       ``(c) Further Original, Ancillary, or Supplementary Acts to 
     Ensure Quiet Enjoyment.--
       ``(1) In general.--Either''; and
       (B) in the second sentence, by striking ``Such actions'' 
     and inserting the following:
       ``(2) Action through chairman.--An action under paragraph 
     (1)'';
       (5) in subsection (d)--
       (A) by striking ``(d) Except'' and inserting the following:
       ``(d) United States as Party; Judgments Against the United 
     States.--
       ``(1) In general.--Except''; and
       (B) in the second sentence, by striking ``Any judgment or 
     judgments'' and inserting the following:
       ``(2) Effect of judgments.--Any judgment''; and
       (6) in subsection (e), by striking ``(e) All'' and 
     inserting the following:
       ``(e) Remedies.--All''.

     SEC. 115. JOINT USE.

       Section 19 of the Act of December 22, 1974 (25 U.S.C. 640d-
     18), is amended--
       (1) by striking ``Sec. 19. (a) Notwithstanding'' and 
     inserting the following:

     ``SEC. 15. JOINT USE.

       ``(a) Reduction of Livestock.--
       ``(1) In general.--Notwithstanding'';
       (2) in subsection (a)(1) (as designated by paragraph (1))--
       (A) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``section 3 or 4''; and
       (B) in the second sentence, by striking ``The Secretary is 
     directed to'' and inserting the following:
       ``(2) Conservation practices and methods.--The Secretary 
     shall'';
       (3) in subsection (b)--
       (A) by striking ``(b) The'' and inserting the following:
       ``(b) Survey Location of Monuments and Fencing of 
     Boundaries.--The''; and
       (B) by inserting ``(as in effect on the day before the date 
     of enactment of the Navajo-Hopi Land Settlement Amendments of 
     2005)'' after ``sections 8 and 3 or 4'' each place it 
     appears; and
       (4) in subsection (c)--
       (A) by striking ``(c)(1) Surveying'' and inserting the 
     following:
       ``(c) Surveying, Monumenting, and Fencing; Livestock 
     Reduction Program.--
       ``(1) Surveying, monumenting, and fencing.--Surveying'';
       (B) in paragraph (1)--
       (i) by striking ``of this Act'' and inserting ``(as in 
     effect on the day before the date of enactment of the Navajo-
     Hopi Land Settlement Amendments of 2005)''; and
       (ii) by striking ``section 8'' and inserting ``section 4''; 
     and
       (C) in paragraph (2), by striking ``(2) The'' and inserting 
     the following:
       ``(2) Livestock reduction program.--The''.

     SEC. 116. RELIGIOUS CEREMONIES; PIPING OF WATER.

       Section 20 of the Act of December 22, 1974 (25 U.S.C. 640d-
     19), is amended by striking ``Sec. 20. The members'' and 
     inserting the following:

     ``SEC. 16. RELIGIOUS CEREMONIAL USES; PIPING OF WATER.

       ``The members''.

     SEC. 117. ACCESS TO RELIGIOUS SHRINES.

       Section 21 of the Act of December 22, 1974 (25 U.S.C. 640d-
     20), is amended by striking ``Sec. 21. Notwithstanding'' and 
     inserting the following:

     ``SEC. 17. ACCESS TO RELIGIOUS SHRINES.

       ``Notwithstanding''.

     SEC. 118. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL 
                   DETERMINATIONS OF INCOME.

       Section 22 of the Act of December 22, 1974 (25 U.S.C. 640d-
     21), is amended--
       (1) by striking ``Sec. 22. The availability'' and inserting 
     the following:

     ``SEC. 18. EXCLUSION OF PAYMENTS FROM CERTAIN FEDERAL 
                   DETERMINATIONS OF INCOME.

       ``(a) In General.--The availability''; and
       (2) by striking ``None of the funds'' and inserting the 
     following:
       ``(b) Federal and State Income Taxes.--None of the funds''.

     SEC. 119. AUTHORIZATION OF EXCHANGE.

       Section 23 of the Act of December 22, 1974 (25 U.S.C. 649d-
     22), is amended--
       (1) by striking ``Sec. 23. The Navajo'' and inserting the 
     following:

     ``SEC. 19. AUTHORIZATION OF EXCHANGE.

       ``(a) In General.--The Navajo''; and

[[Page S3914]]

       (2) in the second sentence--
       (A) by striking ``In the event that the Tribes should'' and 
     inserting the following:
       ``(b) Negotiated Exchanges.--If the Tribes''; and
       (B) by striking ``sections 14 and 15'' and inserting 
     ``sections 10 and 11''.

     SEC. 120. SEVERABILITY.

       Section 24 of the Act of December 22, 1974 (25 U.S.C. 640d-
     23), is amended by striking ``Sec. 24. If'' and inserting the 
     following:

     ``SEC. 20. SEVERABILITY.

       ``If''.

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

       Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-
     24), is--
       (1) moved so as to appear at the end of the Act; and
       (2) amended to read as follows:

     ``SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) Relocation of Households and Members.--There is 
     authorized to be appropriated to carry out section 10(b) 
     $13,000,000 for each of fiscal years 2006 through 2008.
       ``(b) Relocation of Households and Members.--There are 
     authorized to be appropriated to carry out section 11 such 
     sums as are necessary for each of fiscal years 2006 through 
     2008.
       ``(c) Return to Carrying Capacity and Institution of 
     Conservation Practices.--There is authorized to be 
     appropriated to carry out section 15(a) $10,000,000 for each 
     of fiscal years 2006 through 2008.
       ``(d) Survey Location of Monuments and Fencing of 
     Boundaries.--There is authorized to be appropriated to carry 
     out section 15(b) $500,000 for each of fiscal years 2006 
     through 2008.''.

     SEC. 122. DISCRETIONARY FUND.

       Section 27 of the Act of December 22, 1974 (25 U.S.C. 640d-
     25), is amended by striking ``Sec. 27.'' and all that follows 
     through ``(c) The Secretary'' and inserting the following:

     ``SEC. 21. DISCRETIONARY FUND.

       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to a discretionary fund of the 
     Commissioner to carry out this Act--
       ``(1) $6,000,000 for the period of fiscal years 2006 
     through 2008; and
       ``(2) such sums as are necessary for each subsequent fiscal 
     year.
       ``(b) Hopi High School and Medical Center.--The 
     Secretary''.

     SEC. 123. ATTORNEY FEES AND COURT COSTS.

       Section 29 of the Act of December 22, 1974 (25 U.S.C. 640d-
     27), is amended--
       (1) by striking ``Sec. 29. (a)'' and inserting the 
     following:

     ``SEC. 22. ATTORNEY FEES AND COURT COSTS.

       ``(a) In General.--'';
       (2) in subsection (a)--
       (A) by striking ``In any'' and inserting the following:
       ``(1) In general.--In any''; and
       (B) by striking ``For each'' and inserting the following:
       ``(2) Authorization of appropriations.--For each'';
       (3) in subsection (b)--
       (A) by striking ``(b) Upon'' and inserting the following:
       ``(b) Award by Court.--
       ``(1) In general.--On''; and
       (B) in the second sentence, by striking ``Any party'' and 
     inserting the following:
       ``(2) Reimbursement of united states.--Any party'';
       (4) in subsection (c), by striking ``(c) To'' and inserting 
     the following:
       ``(c) Excess Difference.--To''; and
       (5) in subsection (d)--
       (A) by striking ``(d) This'' and inserting the following:
       ``(d) Application of Section.--This''; and
       (B) by striking ``section 8 or 18(a) of this Act'' and 
     inserting ``section 4 or section 14(a)''.

     SEC. 124. LOBBYING.

       Section 31 of the Act of December 22, 1974 (25 U.S.C. 640d-
     29), is amended--
       (1) by striking ``Sec. 31. (a) Except'' and inserting the 
     following:

     ``SEC. 23. LOBBYING.

       ``(a) In General.--Except''; and
       (2) in subsection (b), by striking ``(b) Subsection'' and 
     inserting the following:
       ``(b) Applicability.--Subsection''.

     SEC. 125. NAVAJO REHABILITATION TRUST FUND.

       The first section designated as section 32 of the Act of 
     December 22, 1974 (25 U.S.C. 640d-30), is amended--
       (1) by striking ``Sec. 32. (a) There'' and inserting the 
     following:

     ``SEC. 24. NAVAJO REHABILITATION TRUST FUND.

       ``(a) Establishment.--There'';
       (2) in subsection (b), by striking ``(b) All'' and 
     inserting the following:
       ``(b) Deposit of Income Into Fund.--All'';
       (3) in subsection (c), by striking ``(c) The'' and 
     inserting the following:
       ``(c) Investment of Funds.--The'';
       (4) in subsection (d)--
       (A) by striking ``(d) Funds'' and inserting the following:
       ``(d) Availability of Funds.--Funds'';
       (B) in paragraph (1), by striking ``proceedings,'' and 
     inserting ``proceedings;''; and
       (C) in paragraph (2), by striking ``Act, or'' and inserting 
     ``Act; or'';
       (5) in subsection (e)--
       (A) by striking ``(e) By December 1'' and inserting the 
     following:
       ``(e) Expenditure of Funds.--
       ``(1) In general.--Not later than December 1''; and
       (B) in the second sentence, by striking ``Such framework is 
     to be'' and inserting the following:
       ``(2) Requirement.--The framework under paragraph (1) shall 
     be'';
       (6) in subsection (f)--
       (A) by striking ``(f) The'' and inserting the following:
       ``(f) Termination.--
       ``(1) In general.--The''; and
       (B) in the second sentence, by striking ``All funds'' and 
     inserting the following:
       ``(2) Transfer of remaining funds.--All funds''; and
       (7) by striking subsection (g).

     SEC. 126. AVAILABILITY OF FUNDS FOR RELOCATION ASSISTANCE.

       The second section designated as section 32 of the Act of 
     December 22, 1974 (25 U.S.C. 640-31), is amended by striking 
     ``Sec. 32. Nothing'' and inserting the following:

     ``SEC. 25. AVAILABILITY OF FUNDS FOR RELOCATION 
                   ASSISTANCE.''.

       ``Nothing''.

         TITLE II--TRANSFER OF FUNCTIONS AND SAVINGS PROVISIONS

     SEC. 201. DEFINITIONS.

       In this title:
       (1) Federal agency.--The term ``Federal agency'' has the 
     meaning given the term ``agency'' in section 551(1) of title 
     5, United States Code.
       (2) Function.--The term ``function'' means any duty, 
     obligation, power, authority, responsibility, right, 
     privilege, activity, or program carried out under Federal law 
     in accordance with the purposes of the Office.
       (3) Office.--The term ``Office'' means the Office of Navajo 
     and Hopi Relocation (including any component of that office).
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 202. TRANSFER OF FUNCTIONS.

       (a) In General.--Effective beginning on September 30, 2008, 
     there is transferred to the Secretary any function of the 
     Office that has not been carried out by the Office in 
     accordance with the Act of December 22, 1974 (25 U.S.C. 640 
     et seq.) (as amended by title I).
       (b) Memorandum of Agreement.--Not later than September 29, 
     2008, the Secretary, in consultation with the Director of the 
     Office of Management and Budget, may enter into a memorandum 
     of agreement with the Office, as the Secretary determines to 
     be appropriate to facilitate the transfer under subsection 
     (a).

     SEC. 203. PERSONNEL PROVISIONS.

       (a) Appointments.--The Secretary may appoint and fix the 
     compensation of such officers and employees as the Secretary 
     determines to be necessary to carry out any function 
     transferred under this title.
       (b) Requirements.--Except as otherwise provided by law--
       (1) any officer or employee described in subsection (a) 
     shall be appointed in accordance with the civil service laws; 
     and
       (2) the compensation of such an officer or employee shall 
     be fixed in accordance with title 5, United States Code.

     SEC. 204. DELEGATION AND ASSIGNMENT.

       (a) In General.--Except where otherwise expressly 
     prohibited by law or otherwise provided by this title, the 
     Secretary may delegate any of the functions transferred to 
     the Secretary by this title and any function transferred or 
     granted to the Secretary after the effective date of this 
     title to such officers and employees of the Department of the 
     Interior as the Secretary may designate, and may authorize 
     successive redelegations of such functions as may be 
     necessary or appropriate.
       (b) Delegation.--No delegation of functions by the 
     Secretary under this section or under any other provision of 
     this title shall relieve the Secretary of responsibility for 
     the administration of the functions.

     SEC. 205. REORGANIZATION.

       The Secretary is authorized to allocate or reallocate any 
     function transferred under section 202 among the officers of 
     the Department of the Interior, and to establish, 
     consolidate, alter, or discontinue such organizational 
     entities in the Department of the Interior as the Secretary 
     determines to be necessary or appropriate.

     SEC. 206. RULES.

       The Secretary is authorized to prescribe, in accordance 
     with the provisions of chapters 5 and 6 of title 5, United 
     States Code, such rules and regulations as the Secretary 
     determines to be necessary or appropriate to administer and 
     manage the functions of the Department of the Interior.

     SEC. 207. TRANSFER AND ALLOCATIONS OF APPROPRIATIONS AND 
                   PERSONNEL.

       (a) In General.--Except as otherwise provided in this 
     title, the personnel employed in connection with, and the 
     assets, liabilities, contracts, property, records, and 
     unexpended balances of appropriations, authorizations, 
     allocations, and other funds employed, used, held, arising 
     from, available to, or to be made available in connection 
     with the functions transferred by this title, subject to 
     section 1531 of title 31, United States Code, shall be 
     transferred to the Department of the Interior in accordance 
     with section 3503 of title 5, United States Code.
       (b) Unexpended Funds.--Unexpended funds transferred 
     pursuant to this section shall be used only for the purposes 
     for which the funds were originally authorized and 
     appropriated.

     SEC. 208. INCIDENTAL TRANSFERS.

       The Secretary is authorized to make such determinations as 
     may be necessary to accept the functions transferred by this 
     title, and to make such additional incidental dispositions of 
     personnel, assets, liabilities,

[[Page S3915]]

     grants, contracts, property, records, and unexpended balances 
     of appropriations, authorizations, allocations, and other 
     funds held, used, arising from, available to, or to be made 
     available in connection with such functions, as may be 
     necessary to carry out the provisions of this title.

     SEC. 209. EFFECT ON PERSONNEL.

       (a) In General.--Except as otherwise provided by this 
     title, the transfer pursuant to this title of full-time 
     personnel (except special Government employees) and part-time 
     personnel holding permanent positions shall not cause any 
     such employee to be separated or reduced in grade or 
     compensation for 1 year after the date of transfer of the 
     employee under this title.
       (b) Executive Schedule Positions.--Except as otherwise 
     provided in this title, any person who, on the day preceding 
     the effective date of this title, held a position compensated 
     in accordance with the Executive Schedule prescribed in 
     chapter 53 of title 5, United States Code, and who, without a 
     break in service, is appointed in the Department of the 
     Interior to a position having duties comparable to the duties 
     performed immediately preceding such appointment shall 
     continue to be compensated in such new position at not less 
     than the rate provided for such previous position, for the 
     duration of the service of such person in such new position.
       (c) Termination of Certain Positions.--Positions whose 
     incumbents are appointed by the President, by and with the 
     advice and consent of the Senate, the functions of which are 
     transferred by this title, shall terminate on the effective 
     date of this title.

     SEC. 210. SEPARABILITY.

       If a provision of this title or the application of this 
     title to any person or circumstance is held invalid, neither 
     the remainder of this title nor the application of the 
     provision to other persons or circumstances shall be 
     affected.

     SEC. 211. TRANSITION.

       The Secretary is authorized to use--
       (1) the services of such officers, employees, and other 
     personnel of the Office with respect to functions transferred 
     to the Department of the Interior by this title; and
       (2) funds appropriated to such functions for such period of 
     time as may reasonably be needed to facilitate the orderly 
     implementation of this title.

     SEC. 212. REPORTS.

       (a) Fiscal Years 2007 and 2008.--For each of fiscal years 
     2007 and 2008, the Commissioner of the Office, in 
     consultation with the Navajo and Hopi Indian tribes, shall 
     submit to Congress a report describing--
       (1) the status of the Office;
       (2) any progress made during the preceding year in 
     transferring functions, appropriations, and personnel under 
     this title;
       (3) any progress made toward, or obstacle relating to, 
     completing the relocation process under the Act of December 
     22, 1974 (25 U.S.C. 640d et seq.) (as amended by title I);
       (4) the status of the grazing management program on the 
     area commonly known as the ``New Lands'' of the Navajo Tribe; 
     and
       (5) the needs of the Navajo and Hopi Indian tribes to 
     address the affect of relocation activity, if any, including 
     a financial estimate relating to the needs.
       (b) Subsequent Fiscal Years.--Not later than 1 year after 
     the effective date of this title, and annually thereafter, 
     the Secretary, in consultation with the Navajo and Hopi 
     Indian tribes, shall submit to Congress a report described in 
     subsection (a).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section for each of fiscal years 2007 through 2009.

     SEC. 213. REFERENCES.

       Any reference in a Federal law, Executive order, rule, 
     regulation, delegation of authority, or document relating 
     to--
       (1) the Commissioner of the Office, with respect to 
     functions transferred under this title, shall be deemed to be 
     a reference to the Secretary; and
       (2) the Office, with respect to functions transferred under 
     this title, shall be deemed to be a reference to the 
     Department of the Interior.

     SEC. 214. ADDITIONAL CONFORMING AMENDMENT.

       Section 5315 of title 5, United States Code, is amended by 
     striking the item relating to the Commissioner of the Office.

     SEC. 215. EFFECT OF TITLE.

       (a) Continuing Effect of Legal Documents.--Any legal 
     document relating to a function transferred by this title 
     that is in effect on the effective date of this title shall 
     continue in effect in accordance with the terms of the 
     document until the document is modified or terminated by--
       (1) the President;
       (2) the Secretary;
       (3) a court of competent jurisdiction; or
       (4) operation of Federal or State law.
       (b) Proceedings Not Affected.--This title shall not affect 
     any proceeding (including a notice of proposed rulemaking, an 
     administrative proceeding, and an application for a license, 
     permit, certificate, or financial assistance) relating to a 
     function transferred under this title that is pending before 
     the Office of Navajo and Hopi Relocation on the effective 
     date of this title.

     SEC. 216. EFFECTIVE DATE.

       This title takes effect beginning September 30, 2008.

    TITLE III--PERSONNEL OF THE OFFICE OF NAVAJO AND HOPI RELOCATION

     SEC. 301. SEPARATION PAY.

       The Office of Navajo and Hopi Relocation (referred to in 
     this title as the ``Office'') may request funding for, and 
     offer to any employee of the Office, voluntary separation 
     incentive payments in accordance with subchapter II of 
     chapter 35 of title 5, United States Code.

     SEC. 302. FEDERAL RETIREMENT.

       The Office may request funding for, and offer to any 
     employee of the Office, voluntary early retirement in 
     accordance with sections 8336(d)(2) and 8414(b)(1) of title 
     5, United States Code.
                                 ______
                                 
  SA 3859. Mr. ENSIGN (for Mr. McCain) proposed an amendment to 
amendment SA 3858 proposed by Mr. Ensign (for Mr. McCain) to the bill 
S. 1003, to amend the Act of December 22, 1974, and for other purposes; 
as follows:

       Strike section 121 of the amendment and insert the 
     following:

     SEC. 121. AUTHORIZATION OF APPROPRIATIONS.

       Section 25 of the Act of December 22, 1974 (25 U.S.C. 640d-
     24), is--
       (1) moved so as to appear at the end of the Act; and
       (2) amended to read as follows:

     ``SEC. 26. AUTHORIZATION OF APPROPRIATIONS.

       ``There are authorized to be appropriated to carry out 
     section 11 such sums as are necessary for each of fiscal 
     years 2006 through 2008.''.

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