[Congressional Record (Bound Edition), Volume 146 (2000), Part 11]
[Senate]
[Pages 16394-16403]
[From the U.S. Government Publishing Office, www.gpo.gov]



                          AMENDMENTS SUBMITTED

                                 ______
                                 

        TREASURY AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2001

                                 ______
                                 

                        LEAHY AMENDMENT NO. 4016

  (Ordered to lie on the table.)
  Mr. LEAHY submitted the following amendment intended to be proposed 
by him to the bill (H.R. 4871) making appropriations for the Treasury 
Department, the United States Postal Service, the Executive Office of 
the President, and certain Independent Agencies, for the fiscal year 
ending September 30, 2001, and for other purposes; as follows:

       At the appropriate place, insert the following:
       Sec.   . Not later than 90 days after the date of the 
     enactment of this Act, the Inspector General of each agency 
     funded under this Act shall submit to the Congress a report 
     that discloses--
       (1) any agency activity related to the collection or review 
     of singular data, or the creation of aggregate lists that 
     include personally identifiable information, about 
     individuals who access any Internet site of the agency; and
       (2) any agency activity related to entering into agreements 
     with third parties, including other government agencies, to 
     collect, review, or obtain aggregate lists or singular data 
     containing personally identifiable information relating to 
     any individual's access or viewing habits to nongovernmental 
     Internet sites.
                                 ______
                                 

         ENERGY AND WATER DEVELOPMENT APPROPRIATIONS ACT, 2001

                                 ______
                                 

                       ALLARD AMENDMENT NO. 4017

  (Ordered to lie on the table.)
  Mr. ALLARD submitted an amendment intended to be proposed by him to 
the bill (H.R. 4733) making appropriations for energy and water 
development for the fiscal year ending September 30, 2001, and for 
other purposes; as follows:

       On page 66, between lines 11 and 12, insert the following:

     SEC. 2__. USE OF COLORADO-BIG THOMPSON PROJECT FACILITIES FOR 
                   NONPROJECT WATER.

       The Secretary of the Interior may enter into contracts with 
     the city of Loveland, Colorado, or its Water and Power 
     Department or any other agency, public utility, or enterprise 
     of the city, providing for the use of facilities of the 
     Colorado-Big Thompson Project, Colorado, under the Act of 
     February 21, 1911 (43 U.S.C. 523), for--
       (1) the impounding, storage, and carriage of nonproject 
     water originating on the eastern slope of the Rocky Mountains 
     for domestic, municipal, industrial, and other beneficial 
     purposes; and
       (2) the exchange of water originating on the eastern slope 
     of the Rocky Mountains for the purposes specified in 
     paragraph (1), using facilities associated with the Colorado-
     Big Thompson Project, Colorado.
                                 ______
                                 

               WORLD BANK AIDS PREVENTION TRUST FUND ACT

                                 ______
                                 

                 HELMS (AND OTHERS) AMENDMENT NO. 4018

  Mr. HELMS (for himself, Mr. Biden, Mr. Frist, Mr. Kerry, Mr. Smith of 
Oregon, Mrs. Boxer, and Mr. Feingold) proposed an amendment to the bill 
(H.R. 3519) to provide for negotiations for the creation of a trust 
fund to be administered by the International Bank for Reconstruction 
and Development of the International Development Association to combat 
the AIDS epidemic; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Global AIDS and Tuberculosis 
     Relief Act of 2000''.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

TITLE I--ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/AIDS

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. Findings and purposes.

                  Subtitle A--United States Assistance

Sec. 111. Additional assistance authorities to combat HIV and AIDS.
Sec. 112. Voluntary contribution to Global Alliance for Vaccines and 
              Immunizations and International AIDS Vaccine Initiative.
Sec. 113. Coordinated donor strategy for support and education of 
              orphans in sub-Saharan Africa.
Sec. 114. African Crisis Response Initiative and HIV/AIDS training.

                 Subtitle B--World Bank AIDS Trust Fund

                  Chapter 1--Establishment of the Fund

Sec. 121. Establishment.
Sec. 122. Grant authorities.
Sec. 123. Administration.
Sec. 124. Advisory Board.

                           Chapter 2--Reports

Sec. 131. Reports to Congress.

            Chapter 3--United States Financial Participation

Sec. 141. Authorization of appropriations.
Sec. 142. Certification requirement.

              TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

Sec. 201. Short title.
Sec. 202. Findings.
Sec. 203. Assistance for tuberculosis prevention, treatment, control, 
              and elimination.

                 TITLE III--ADMINISTRATIVE AUTHORITIES

Sec. 301. Effective program oversight.
Sec. 302. Termination expenses.

TITLE I--ASSISTANCE TO COUNTRIES WITH LARGE POPULATIONS HAVING HIV/AIDS

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Global AIDS Research and 
     Relief Act of 2000''.

     SEC. 102. DEFINITIONS.

       In this title:
       (1) AIDS.--The term ``AIDS'' means the acquired immune 
     deficiency syndrome.
       (2) Association.--The term ``Association'' means the 
     International Development Association.
       (3) Bank.--The term ``Bank'' or ``World Bank'' means the 
     International Bank for Reconstruction and Development.
       (4) HIV.--The term ``HIV'' means the human immunodeficiency 
     virus, the pathogen which causes AIDS.
       (5) HIV/AIDS.--The term ``HIV/AIDS'' means, with respect to 
     an individual, an individual who is infected with HIV or 
     living with AIDS.

     SEC. 103. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) According to the Surgeon General of the United States, 
     the epidemic of human immunodeficiency virus/acquired immune 
     deficiency syndrome (HIV/AIDS) will soon become the worst 
     epidemic of infectious disease in recorded history, eclipsing 
     both the bubonic plague of the 1300's and the influenza 
     epidemic of 1918-1919 which killed more than 20,000,000 
     people worldwide.
       (2) According to the Joint United Nations Programme on HIV/
     AIDS (UNAIDS), more than 34,300,000 people in the world today 
     are living with HIV/AIDS, of which approximately 95 percent 
     live in the developing world.
       (3) UNAIDS data shows that among children age 14 and under 
     worldwide, more than 3,800,000 have died from AIDS, more than 
     1,300,000 are living with the disease; and in one year 
     alone--1999--an estimated 620,000 became infected, of which 
     over 90 percent were babies born to HIV-positive women.
       (4) Although sub-Saharan Africa has only 10 percent of the 
     world's population, it is home to more than 24,500,000--
     roughly 70 percent--of the world's HIV/AIDS cases.
       (5) Worldwide, there have already been an estimated 
     18,800,000 deaths because of HIV/AIDS, of which more than 80 
     percent occurred in sub-Saharan Africa.
       (6) The gap between rich and poor countries in terms of 
     transmission of HIV from mother to child has been increasing. 
     Moreover, AIDS threatens to reverse years of steady progress 
     of child survival in developing countries. UNAIDS believes 
     that by the year 2010, AIDS may have increased mortality of 
     children under 5 years of age by more than 100 percent in 
     regions most affected by the virus.
       (7) According to UNAIDS, by the end of 1999, 13,200,000 
     children have lost at least one parent to AIDS, including 
     12,100,000 children in sub-Saharan Africa, and are thus 
     considered AIDS orphans.
       (8) At current infection and growth rates for HIV/AIDS, the 
     National Intelligence Council estimates that the number of 
     AIDS orphans worldwide will increase dramatically, 
     potentially increasing threefold or

[[Page 16395]]

     more in the next 10 years, contributing to economic decay, 
     social fragmentation, and political destabilization in 
     already volatile and strained societies. Children without 
     care or hope are often drawn into prostitution, crime, 
     substance abuse, or child soldiery.
       (9) Donors must focus on adequate preparations for the 
     explosion in the number of orphans and the burden they will 
     place on families, communities, economies, and governments. 
     Support structures and incentives for families, communities, 
     and institutions which will provide care for children 
     orphaned by HIV/AIDS, or for the children who are themselves 
     afflicted by HIV/AIDS, will be essential.
       (10) The 1999 annual report by the United Nations 
     Children's Fund (UNICEF) states ``[t]he number of orphans, 
     particularly in Africa, constitutes nothing less than an 
     emergency, requiring an emergency response'' and that 
     ``finding the resources needed to help stabilize the crisis 
     and protect children is a priority that requires urgent 
     action from the international community.''.
       (11) The discovery of a relatively simple and inexpensive 
     means of interrupting the transmission of HIV from an 
     infected mother to the unborn child--namely with nevirapine 
     (NVP), which costs US$4 a tablet--has created a great 
     opportunity for an unprecedented partnership between the 
     United States Government and the governments of Asian, 
     African and Latin American countries to reduce mother-to-
     child transmission (also known as ``vertical transmission'') 
     of HIV.
       (12) According to UNAIDS, if implemented this strategy will 
     decrease the proportion of orphans that are HIV-infected and 
     decrease infant and child mortality rates in these developing 
     regions.
       (13) A mother-to-child antiretroviral drug strategy can be 
     a force for social change, providing the opportunity and 
     impetus needed to address often long-standing problems of 
     inadequate services and the profound stigma associated with 
     HIV-infection and the AIDS disease. Strengthening the health 
     infrastructure to improve mother-and-child health, antenatal, 
     delivery and postnatal services, and couples counseling 
     generates enormous spillover effects toward combating the 
     AIDS epidemic in developing regions.
       (14) United States Census Bureau statistics show life 
     expectancy in sub-Saharan Africa falling to around 30 years 
     of age within a decade, the lowest in a century, and project 
     life expectancy in 2010 to be 29 years of age in Botswana, 30 
     years of age in Swaziland, 33 years of age in Namibia and 
     Zimbabwe, and 36 years of age in South Africa, Malawi, and 
     Rwanda, in contrast to a life expectancy of 70 years of age 
     in many of the countries without a high prevalence of AIDS.
       (15) A January 2000 United States National Intelligence 
     Estimate (NIE) report on the global infectious disease threat 
     concluded that the economic costs of infectious diseases--
     especially HIV/AIDS--are already significant and could reduce 
     GDP by as much as 20 percent or more by 2010 in some sub-
     Saharan African nations.
       (16) According to the same NIE report, HIV prevalence among 
     militias in Angola and the Democratic Republic of the Congo 
     are estimated at 40 to 60 percent, and at 15 to 30 percent in 
     Tanzania.
       (17) The HIV/AIDS epidemic is of increasing concern in 
     other regions of the world, with UNAIDS estimating that there 
     are more than 5,600,000 cases in South and South-east Asia, 
     that the rate of HIV infection in the Caribbean is second 
     only to sub-Saharan Africa, and that HIV infections have 
     doubled in just two years in the former Soviet Union.
       (18) Despite the discouraging statistics on the spread of 
     HIV/AIDS, some developing nations--such as Uganda, Senegal, 
     and Thailand--have implemented prevention programs that have 
     substantially curbed the rate of HIV infection.
       (19) AIDS, like all diseases, knows no national boundaries, 
     and there is no certitude that the scale of the problem in 
     one continent can be contained within that region.
       (20) Accordingly, United States financial support for 
     medical research, education, and disease containment as a 
     global strategy has beneficial ramifications for millions of 
     Americans and their families who are affected by this 
     disease, and the entire population which is potentially 
     susceptible.
       (b) Purposes.--The purposes of this title are to--
       (1) help prevent human suffering through the prevention, 
     diagnosis, and treatment of HIV/AIDS; and
       (2) help ensure the viability of economic development, 
     stability, and national security in the developing world by 
     advancing research to--
       (A) understand the causes associated with HIV/AIDS in 
     developing countries; and
       (B) assist in the development of an AIDS vaccine.

                  Subtitle A--United States Assistance

     SEC. 111. ADDITIONAL ASSISTANCE AUTHORITIES TO COMBAT HIV AND 
                   AIDS.

       (a) Assistance for Prevention of HIV/AIDS and Vertical 
     Transmission.--Section 104(c) of the Foreign Assistance Act 
     of 1961 (22 U.S.C. 2151b(c)) is amended by adding at the end 
     the following new paragraphs:
       ``(4)(A) Congress recognizes the growing international 
     dilemma of children with the human immunodeficiency virus 
     (HIV) and the merits of intervention programs aimed at this 
     problem. Congress further recognizes that mother-to-child 
     transmission prevention strategies can serve as a major force 
     for change in developing regions, and it is, therefore, a 
     major objective of the foreign assistance program to control 
     the acquired immune deficiency syndrome (AIDS) epidemic.
       ``(B) The agency primarily responsible for administering 
     this part shall--
       ``(i) coordinate with UNAIDS, UNICEF, WHO, national and 
     local governments, and other organizations to develop and 
     implement effective strategies to prevent vertical 
     transmission of HIV; and
       ``(ii) coordinate with those organizations to increase 
     intervention programs and introduce voluntary counseling and 
     testing, antiretroviral drugs, replacement feeding, and other 
     strategies.
       ``(5)(A) Congress expects the agency primarily responsible 
     for administering this part to make the human 
     immunodeficiency virus (HIV) and the acquired immune 
     deficiency syndrome (AIDS) a priority in the foreign 
     assistance program and to undertake a comprehensive, 
     coordinated effort to combat HIV and AIDS.
       ``(B) Assistance described in subparagraph (A) shall 
     include help providing--
       ``(i) primary prevention and education;
       ``(ii) voluntary testing and counseling;
       ``(iii) medications to prevent the transmission of HIV from 
     mother to child; and
       ``(iv) care for those living with HIV or AIDS.
       ``(6)(A) In addition to amounts otherwise available for 
     such purpose, there is authorized to be appropriated to the 
     President $300,000,000 for each of the fiscal years 2001 and 
     2002 to carry out paragraphs (4) and (5).
       ``(B) Of the funds authorized to be appropriated under 
     subparagraph (A), not less than 65 percent is authorized to 
     be available through United States and foreign 
     nongovernmental organizations, including private and 
     voluntary organizations, for-profit organizations, religious 
     affiliated organizations, educational institutions, and 
     research facilities.
       ``(C)(i) Of the funds authorized to be appropriated by 
     subparagraph (A), not less than 20 percent is authorized to 
     be available for programs as part of a multidonor strategy to 
     address the support and education of orphans in sub-Saharan 
     Africa, including AIDS orphans.
       ``(ii) Assistance made available under this subsection, and 
     assistance made available under chapter 4 of part II to carry 
     out the purposes of this subsection, may be made available 
     notwithstanding any other provision of law that restricts 
     assistance to foreign countries.
       ``(D) Of the funds authorized to be appropriated under 
     subparagraph (A), not less than 8.3 percent is authorized to 
     be available to carry out the prevention strategies for 
     vertical transmission referred to in paragraph (4)(A).
       ``(E) Of the funds authorized to be appropriated by 
     subparagraph (A), not more than 7 percent may be used for the 
     administrative expenses of the agency primarily responsible 
     for carrying out this part of this Act in support of 
     activities described in paragraphs (4) and (5).
       ``(F) Funds appropriated under this paragraph are 
     authorized to remain available until expended.''.
       (b) Training and Training Facilities in Sub-Saharan 
     Africa.--Section 496(i)(2) of the Foreign Assistance Act of 
     1961 (22 U.S.C. 2293(i)(2)) is amended by adding at the end 
     the following new sentence: ``In addition, providing training 
     and training facilities, in sub-Saharan Africa, for doctors 
     and other health care providers, notwithstanding any 
     provision of law that restricts assistance to foreign 
     countries.''.

     SEC. 112. VOLUNTARY CONTRIBUTION TO GLOBAL ALLIANCE FOR 
                   VACCINES AND IMMUNIZATIONS AND INTERNATIONAL 
                   AIDS VACCINE INITIATIVE.

       (a) Authorization of Appropriations.--Section 302 of the 
     Foreign Assistance Act of 1961 (22 U.S.C. 2222) is amended by 
     adding at the end the following new subsections:
       ``(k) In addition to amounts otherwise available under this 
     section, there is authorized to be appropriated to the 
     President $50,000,000 for each of the fiscal years 2001 and 
     2002 to be available only for United States contributions to 
     the Global Alliance for Vaccines and Immunizations.
       ``(l) In addition to amounts otherwise available under this 
     section, there is authorized to be appropriated to the 
     President $10,000,000 for each of the fiscal years 2001 and 
     2002 to be available only for United States contributions to 
     the International AIDS Vaccine Initiative.''.
       (b) Report.--At the close of fiscal year 2001, the 
     President shall submit a report to the appropriate 
     congressional committees on the effectiveness of the Global 
     Alliance for Vaccines and Immunizations and the International 
     AIDS Vaccine Initiative during that fiscal year in meeting 
     the goals of--
       (1) improving access to sustainable immunization services;
       (2) expanding the use of all existing, safe, and cost-
     effective vaccines where they address a public health 
     problem;
       (3) accelerating the development and introduction of new 
     vaccines and technologies;

[[Page 16396]]

       (4) accelerating research and development efforts for 
     vaccines needed primarily in developing countries; and
       (5) making immunization coverage a centerpiece in 
     international development efforts.
       (c) Appropriate Congressional Committees Defined.--In 
     subsection (b), the term ``appropriate congressional 
     committees'' means the Committee on Foreign Relations and the 
     Committee on Appropriations of the Senate and the Committee 
     on International Relations and the Committee on 
     Appropriations of the House of Representatives.

     SEC. 113. COORDINATED DONOR STRATEGY FOR SUPPORT AND 
                   EDUCATION OF ORPHANS IN SUB-SAHARAN AFRICA.

       (a) Statement of Policy.--It is in the national interest of 
     the United States to assist in mitigating the burden that 
     will be placed on sub-Saharan African social, economic, and 
     political institutions as these institutions struggle with 
     the consequences of a dramatically increasing AIDS orphan 
     population, many of whom are themselves infected by HIV and 
     living with AIDS. Effectively addressing that burden and its 
     consequences in sub-Saharan Africa will require a coordinated 
     multidonor strategy.
       (b) Development of Strategy.--The President shall 
     coordinate the development of a multidonor strategy to 
     provide for the support and education of AIDS orphans and the 
     families, communities, and institutions most affected by the 
     HIV/AIDS epidemic in sub-Saharan Africa.
       (c) Definition.--In this section, the term ``HIV/AIDS'' 
     means, with respect to an individual, an individual who is 
     infected with the human immunodeficiency virus (HIV), the 
     pathogen that causes the acquired immune deficiency virus 
     (AIDS), or living with AIDS.

     SEC. 114. AFRICAN CRISIS RESPONSE INITIATIVE AND HIV/AIDS 
                   TRAINING.

       (a) Findings.--Congress finds that--
       (1) the spread of HIV/AIDS constitutes a threat to security 
     in Africa;
       (2) civil unrest and war may contribute to the spread of 
     the disease to different parts of the continent;
       (3) the percentage of soldiers in African militaries who 
     are infected with HIV/AIDS is unknown, but estimates range in 
     some countries as high as 40 percent; and
       (4) it is in the interests of the United States to assist 
     the countries of Africa in combating the spread of HIV/AIDS.
       (b) Education on the Prevention of the Spread of AIDS.--In 
     undertaking education and training programs for military 
     establishments in African countries, the United States shall 
     ensure that classroom training under the African Crisis 
     Response Initiative includes military-based education on the 
     prevention of the spread of AIDS.

                 Subtitle B--World Bank AIDS Trust Fund

                  CHAPTER 1--ESTABLISHMENT OF THE FUND

     SEC. 121. ESTABLISHMENT.

       (a) Negotiations for Establishment of Trust Fund.--The 
     Secretary of the Treasury shall seek to enter into 
     negotiations with the World Bank or the Association, in 
     consultation with the Administrator of the United States 
     Agency for International Development and other United States 
     Government agencies, and with the member nations of the World 
     Bank or the Association and with other interested parties, 
     for the establishment within the World Bank of--
       (1) the World Bank AIDS Trust Fund (in this subtitle 
     referred to as the ``Trust Fund'') in accordance with the 
     provisions of this chapter; and
       (2) the Advisory Board to the Trust Fund in accordance with 
     section 124.
       (b) Purpose.--The purpose of the Trust Fund should be to 
     use contributed funds to--
       (1) assist in the prevention and eradication of HIV/AIDS 
     and the care and treatment of individuals infected with HIV/
     AIDS; and
       (2) provide support for the establishment of programs that 
     provide health care and primary and secondary education for 
     children orphaned by the HIV/AIDS epidemic.
       (c) Composition.--
       (1) In general.--The Trust Fund should be governed by a 
     Board of Trustees, which should be composed of 
     representatives of the participating donor countries to the 
     Trust Fund. Individuals appointed to the Board should have 
     demonstrated knowledge and experience in the fields of public 
     health, epidemiology, health care (including delivery 
     systems), and development.
       (2) United states representation.--
       (A) In general.--Upon the effective date of this paragraph, 
     there shall be a United States member of the Board of 
     Trustees, who shall be appointed by the President, by and 
     with the advice and consent of the Senate, and who shall have 
     the qualifications described in paragraph (1).
       (B) Effective and termination dates.--
       (i) Effective date.--This paragraph shall take effect upon 
     the date the Secretary of the Treasury certifies to Congress 
     that an agreement establishing the Trust Fund and providing 
     for a United States member of the Board of Trustees is in 
     effect.
       (ii) Termination date.--The position established by 
     subparagraph (A) is abolished upon the date of termination of 
     the Trust Fund.

     SEC. 122. GRANT AUTHORITIES.

       (a) Program objectives.--
       (1) In general.--In carrying out the purpose of section 
     121(b), the Trust Fund, acting through the Board of Trustees, 
     should provide only grants, including grants for technical 
     assistance to support measures to build local capacity in 
     national and local government, civil society, and the private 
     sector to lead and implement effective and affordable HIV/
     AIDS prevention, education, treatment and care services, and 
     research and development activities, including access to 
     affordable drugs.
       (2) Activities supported.--Among the activities the Trust 
     Fund should provide grants for should be--
       (A) programs to promote the best practices in prevention, 
     including health education messages that emphasize risk 
     avoidance such as abstinence;
       (B) measures to ensure a safe blood supply;
       (C) voluntary HIV/AIDS testing and counseling;
       (D) measures to stop mother-to-child transmission of HIV/
     AIDS, including through diagnosis of pregnant women, access 
     to cost-effective treatment and counseling, and access to 
     infant formula or other alternatives for infant feeding;
       (E) programs to provide for the support and education of 
     AIDS orphans and the families, communities, and institutions 
     most affected by the HIV/AIDS epidemic;
       (F) measures for the deterrence of gender-based violence 
     and the provision of post-exposure prophylaxis to victims of 
     rape and sexual assault; and
       (G) incentives to promote affordable access to treatments 
     against AIDS and related infections.
       (3) Implementation of program objectives.--In carrying out 
     the objectives of paragraph (1), the Trust Fund should 
     coordinate its activities with governments, civil society, 
     nongovernmental organizations, the Joint United Nations 
     Program on HIV/AIDS (UNAIDS), the International Partnership 
     Against AIDS in Africa, other international organizations, 
     the private sector, and donor agencies working to combat the 
     HIV/AIDS crisis.
       (b) Priority.--In providing grants under this section, the 
     Trust Fund should give priority to countries that have the 
     highest HIV/AIDS prevalence rate or are at risk of having a 
     high HIV/AIDS prevalence rate.
       (c) Eligible Grant Recipients.--Governments and 
     nongovernmental organizations should be eligible to receive 
     grants under this section.
       (d) Prohibition.--The Trust Fund should not make grants for 
     the purpose of project development associated with bilateral 
     or multilateral bank loans.

     SEC. 123. ADMINISTRATION.

       (a) Appointment of an Administrator.--The Board of 
     Trustees, in consultation with the appropriate officials of 
     the Bank, should appoint an Administrator who should be 
     responsible for managing the day-to-day operations of the 
     Trust Fund.
       (b) Authority to Solicit and Accept Contributions.--The 
     Trust Fund should be authorized to solicit and accept 
     contributions from governments, the private sector, and 
     nongovernmental entities of all kinds.
       (c) Accountability of Funds and Criteria for Programs.--As 
     part of the negotiations described in section 121(a), the 
     Secretary of the Treasury shall, consistent with subsection 
     (d)--
       (1) take such actions as are necessary to ensure that the 
     Bank or the Association will have in effect adequate 
     procedures and standards to account for and monitor the use 
     of funds contributed to the Trust Fund, including the cost of 
     administering the Trust Fund; and
       (2) seek agreement on the criteria that should be used to 
     determine the programs and activities that should be assisted 
     by the Trust Fund.
       (d) Selection of projects and recipients.--The Board of 
     Trustees should establish--
       (1) criteria for the selection of projects to receive 
     support from the Trust Fund;
       (2) standards and criteria regarding qualifications of 
     recipients of such support;
       (3) such rules and procedures as may be necessary for cost-
     effective management of the Trust Fund; and
       (4) such rules and procedures as may be necessary to ensure 
     transparency and accountability in the grant-making process.
       (e) Transparency of operations.--The Board of Trustees 
     should ensure full and prompt public disclosure of the 
     proposed objectives, financial organization, and operations 
     of the Trust Fund.

     SEC. 124. ADVISORY BOARD.

       (a) In General.--There should be an Advisory Board to the 
     Trust Fund.
       (b) Appointments.--The members of the Advisory Board should 
     be drawn from--
       (1) a broad range of individuals with experience and 
     leadership in the fields of development, health care 
     (especially HIV/AIDS), epidemiology, medicine, biomedical 
     research, and social sciences; and
       (2) representatives of relevant United Nations agencies and 
     nongovernmental organizations with on-the-ground experience 
     in affected countries.
       (c) Responsibilities.--The Advisory Board should provide 
     advice and guidance to the Board of Trustees on the 
     development and

[[Page 16397]]

     implementation of programs and projects to be assisted by the 
     Trust Fund and on leveraging donations to the Trust Fund.
       (d) Prohibition on Payment of Compensation.--
       (1) In general.--Except for travel expenses (including per 
     diem in lieu of subsistence), no member of the Advisory Board 
     should receive compensation for services performed as a 
     member of the Board.
       (2) United states representative.--Notwithstanding any 
     other provision of law (including an international 
     agreement), a representative of the United States on the 
     Advisory Board may not accept compensation for services 
     performed as a member of the Board, except that such 
     representative may accept travel expenses, including per diem 
     in lieu of subsistence, while away from the representative's 
     home or regular place of business in the performance of 
     services for the Board.

                           CHAPTER 2--REPORTS

     SEC. 131. REPORTS TO CONGRESS.

       (a) Annual Reports by Treasury Secretary.--
       (1) In general.--Not later than 1 year after the date of 
     enactment of this Act, and annually thereafter for the 
     duration of the Trust Fund, the Secretary of the Treasury 
     shall submit to the appropriate committees of Congress a 
     report on the Trust Fund.
       (2) Report elements.--The report shall include a 
     description of--
       (A) the goals of the Trust Fund;
       (B) the programs, projects, and activities, including any 
     vaccination approaches, supported by the Trust Fund;
       (C) private and governmental contributions to the Trust 
     Fund; and
       (D) the criteria that have been established, acceptable to 
     the Secretary of the Treasury and the Administrator of the 
     United States Agency for International Development, that 
     would be used to determine the programs and activities that 
     should be assisted by the Trust Fund.
       (b) GAO Report on Trust Fund Effectiveness.--Not later than 
     2 years after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit to the 
     appropriate committees of the Congress a report evaluating 
     the effectiveness of the Trust Fund, including--
       (1) the effectiveness of the programs, projects, and 
     activities described in subsection (a)(2)(B) in reducing the 
     worldwide spread of AIDS; and
       (2) an assessment of the merits of continued United States 
     financial contributions to the Trust Fund.
       (c) Appropriate Committees Defined.--In subsection (a), the 
     term ``appropriate committees'' means the Committee on 
     Foreign Relations and the Committee on Appropriations of the 
     Senate and the Committee on International Relations, the 
     Committee on Banking and Financial Services, and the 
     Committee on Appropriations of the House of Representatives.

            CHAPTER 3--UNITED STATES FINANCIAL PARTICIPATION

     SEC. 141. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--In addition to any other funds authorized 
     to be appropriated for multilateral or bilateral programs 
     related to HIV/AIDS or economic development, there is 
     authorized to be appropriated to the Secretary of the 
     Treasury $150,000,000 for each of the fiscal years 2001 and 
     2002 for payment to the Trust Fund.
       (b) Allocation of Funds.--Of the amounts authorized to be 
     appropriated by subsection (a) for the fiscal years 2001 and 
     2002, $50,000,000 are authorized to be available each such 
     fiscal year only for programs that benefit orphans.

     SEC. 142. CERTIFICATION REQUIREMENT.

       (a) In General.--Prior to the initial obligation or 
     expenditure of funds appropriated pursuant to section 141, 
     the Secretary of the Treasury shall certify that adequate 
     procedures and standards have been established to ensure 
     accountability for and monitoring of the use of funds 
     contributed to the Trust Fund, including the cost of 
     administering the Trust Fund.
       (b) Transmittal of Certification.--The certification 
     required by subsection (a), and the bases for that 
     certification, shall be submitted by the Secretary of the 
     Treasury to Congress.

              TITLE II--INTERNATIONAL TUBERCULOSIS CONTROL

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``International Tuberculosis 
     Control Act of 2000''.

     SEC. 202. FINDINGS.

       Congress makes the following findings:
       (1) Since the development of antibiotics in the 1950s, 
     tuberculosis has been largely controlled in the United States 
     and the Western World.
       (2) Due to societal factors, including growing urban decay, 
     inadequate health care systems, persistent poverty, 
     overcrowding, and malnutrition, as well as medical factors, 
     including the HIV/AIDS epidemic and the emergence of multi-
     drug resistant strains of tuberculosis, tuberculosis has 
     again become a leading and growing cause of adult deaths in 
     the developing world.
       (3) According to the World Health Organization--
       (A) in 1998, about 1,860,000 people worldwide died of 
     tuberculosis-related illnesses;
       (B) one-third of the world's total population is infected 
     with tuberculosis; and
       (C) tuberculosis is the world's leading killer of women 
     between 15 and 44 years old and is a leading cause of 
     children becoming orphans.
       (4) Because of the ease of transmission of tuberculosis, 
     its international persistence and growth pose a direct public 
     health threat to those nations that had previously largely 
     controlled the disease. This is complicated in the United 
     States by the growth of the homeless population, the rate of 
     incarceration, international travel, immigration, and HIV/
     AIDS.
       (5) With nearly 40 percent of the tuberculosis cases in the 
     United States attributable to foreign-born persons, 
     tuberculosis will never be controlled in the United States 
     until it is controlled abroad.
       (6) The means exist to control tuberculosis through 
     screening, diagnosis, treatment, patient compliance, 
     monitoring, and ongoing review of outcomes.
       (7) Efforts to control tuberculosis are complicated by 
     several barriers, including--
       (A) the labor intensive and lengthy process involved in 
     screening, detecting, and treating the disease;
       (B) a lack of funding, trained personnel, and medicine in 
     virtually every nation with a high rate of the disease;
       (C) the unique circumstances in each country, which 
     requires the development and implementation of country-
     specific programs; and
       (D) the risk of having a bad tuberculosis program, which is 
     worse than having no tuberculosis program because it would 
     significantly increase the risk of the development of more 
     widespread drug-resistant strains of the disease.
       (8) Eliminating the barriers to the international control 
     of tuberculosis through a well-structured, comprehensive, and 
     coordinated worldwide effort would be a significant step in 
     dealing with the increasing public health problem posed by 
     the disease.

     SEC. 203. ASSISTANCE FOR TUBERCULOSIS PREVENTION, TREATMENT, 
                   CONTROL, AND ELIMINATION.

       Section 104(c) of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2151b(c)), as amended by section 111(a) of this Act, 
     is further amended by adding at the end the following:
       ``(7)(A) Congress recognizes the growing international 
     problem of tuberculosis and the impact its continued 
     existence has on those nations that had previously largely 
     controlled the disease. Congress further recognizes that the 
     means exist to control and treat tuberculosis, and that it is 
     therefore a major objective of the foreign assistance program 
     to control the disease. To this end, Congress expects the 
     agency primarily responsible for administering this part--
       ``(i) to coordinate with the World Health Organization, the 
     Centers for Disease Control, the National Institutes of 
     Health, and other organizations toward the development and 
     implementation of a comprehensive tuberculosis control 
     program; and
       ``(ii) to set as a goal the detection of at least 70 
     percent of the cases of infectious tuberculosis, and the cure 
     of at least 85 percent of the cases detected, in those 
     countries in which the agency has established development 
     programs, by December 31, 2010.
       ``(B) There is authorized to be appropriated to the 
     President, $60,000,000 for each of the fiscal years 2001 and 
     2002 to be used to carry out this paragraph. Funds 
     appropriated under this subparagraph are authorized to remain 
     available until expended.''.

                 TITLE III--ADMINISTRATIVE AUTHORITIES

     SEC. 301. EFFECTIVE PROGRAM OVERSIGHT.

       Section 635 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2395) is amended by adding at the end thereof the 
     following new subsection:
       ``(l) The Administrator of the agency primarily responsible 
     for administering part I may use funds made available under 
     that part to provide program and management oversight for 
     activities that are funded under that part and that are 
     conducted in countries in which the agency does not have a 
     field mission or office.''.

     SEC. 302. TERMINATION EXPENSES.

       Section 617 of the Foreign Assistance Act of 1961 (22 
     U.S.C. 2367) is amended to read as follows:

     ``SEC. 617. TERMINATION EXPENSES.

       ``(a) In General.--Funds made available under this Act and 
     the Arms Export Control Act, may remain available for 
     obligation for a period not to exceed 8 months from the date 
     of any termination of assistance under such Acts for the 
     necessary expenses of winding up programs related to such 
     termination and may remain available until expended. Funds 
     obligated under the authority of such Acts prior to the 
     effective date of the termination of assistance may remain 
     available for expenditure for the necessary expenses of 
     winding up programs related to such termination 
     notwithstanding any provision of law restricting the 
     expenditure of funds. In order to ensure the effectiveness of 
     such assistance, such expenses for orderly termination of 
     programs may include the obligation and expenditure of funds 
     to complete the training or studies outside their countries 
     of origin of students whose course of study or

[[Page 16398]]

     training program began before assistance was terminated.
       ``(b) Liability to Contractors.--For the purpose of making 
     an equitable settlement of termination claims under 
     extraordinary contractual relief standards, the President is 
     authorized to adopt as a contract or other obligation of the 
     United States Government, and assume (in whole or in part) 
     any liabilities arising thereunder, any contract with a 
     United States or third-country contractor that had been 
     funded with assistance under such Acts prior to the 
     termination of assistance.
       ``(c) Termination Expenses.--Amounts certified as having 
     been obligated for assistance subsequently terminated by the 
     President, or pursuant to any provision of law, shall 
     continue to remain available and may be reobligated to meet 
     any necessary expenses arising from the termination of such 
     assistance.
       ``(d) Guaranty Programs.--Provisions of this or any other 
     Act requiring the termination of assistance under this or any 
     other Act shall not be construed to require the termination 
     of guarantee commitments that were entered into prior to the 
     effective date of the termination of assistance.
       ``(e) Relation to Other Provisions.--Unless specifically 
     made inapplicable by another provision of law, the provisions 
     of this section shall be applicable to the termination of 
     assistance pursuant to any provision of law.''.
                                 ______
                                 

            INDIAN LAND CONSOLIDATION ACT AMENDMENTS OF 2000

                                 ______
                                 

                      CAMPBELL AMENDMENT NO. 4019

  Mr. DeWINE (for Mr. Campbell) proposed an amendment to the bill (S. 
1586) to reduce the fractionated ownership of Indian Lands, and for 
other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Indian Land Consolidation 
     Act Amendments of 2000''.

                   TITLE I--INDIAN LAND CONSOLIDATION

     SEC. 101. FINDINGS.

       Congress finds that--
       (1) in the 1800's and early 1900's, the United States 
     sought to assimilate Indian people into the surrounding non-
     Indian culture by allotting tribal lands to individual 
     members of Indian tribes;
       (2) as a result of the allotment Acts and related Federal 
     policies, over 90,000,000 acres of land have passed from 
     tribal ownership;
       (3) many trust allotments were taken out of trust status, 
     often without their owners consent;
       (4) without restrictions on alienation, allotment owners 
     were subject to exploitation and their allotments were often 
     sold or disposed of without any tangible or enduring benefit 
     to their owners;
       (5) the trust periods for trust allotments have been 
     extended indefinitely;
       (6) because of the inheritance provisions in the original 
     treaties or allotment Acts, the ownership of many of the 
     trust allotments that have remained in trust status has 
     become fractionated into hundreds or thousands of undivided 
     interests, many of which represent 2 percent or less of the 
     total interests;
       (7) Congress has authorized the acquisition of lands in 
     trust for individual Indians, and many of those lands have 
     also become fractionated by subsequent inheritance;
       (8) the acquisitions referred to in paragraph (7) continue 
     to be made;
       (9) the fractional interests described in this section 
     often provide little or no return to the beneficial owners of 
     those interests and the administrative costs borne by the 
     United States for those interests are inordinately high;
       (10) in Babbitt v. Youpee (117 S Ct. 727 (1997)), the 
     United States Supreme Court found the application of section 
     207 of the Indian Land Consolidation Act (25 U.S.C. 2206) to 
     the facts presented in that case to be unconstitutional, 
     forcing the Department of the Interior to address the status 
     of thousands of undivided interests in trust and restricted 
     lands;
       (11)(A) on February 19, 1999, the Secretary of Interior 
     issued a Secretarial Order which officially reopened the 
     probate of all estates where an interest in land was ordered 
     to escheat to an Indian tribe pursuant to section 207 of the 
     Indian Land Consolidation Act (25 U.S.C. 2206); and
       (B) the Secretarial Order also directed appropriate 
     officials of the Bureau of Indian Affairs to distribute such 
     interests ``to the rightful heirs and beneficiaries without 
     regard to 25 U.S.C. 2206'';
       (12) in the absence of comprehensive remedial legislation, 
     the number of the fractional interests will continue to grow 
     exponentially;
       (13) the problem of the fractionation of Indian lands 
     described in this section is the result of a policy of the 
     Federal Government, cannot be solved by Indian tribes, and 
     requires a solution under Federal law.
       (14) any devise or inheritance of an interest in trust or 
     restricted Indian lands is a matter of Federal law; and
       (15) consistent with the Federal policy of tribal self-
     determination, the Federal Government should encourage the 
     recognized tribal government that exercises jurisdiction over 
     a reservation to establish a tribal probate code for that 
     reservation.

     SEC. 102. DECLARATION OF POLICY.

       It is the policy of the United States--
       (1) to prevent the further fractionation of trust 
     allotments made to Indians;
       (2) to consolidate fractional interests and ownership of 
     those interests into usable parcels;
       (3) to consolidate fractional interests in a manner that 
     enhances tribal sovereignty;
       (4) to promote tribal self-sufficiency and self-
     determination; and
       (5) to reverse the effects of the allotment policy on 
     Indian tribes.

     SEC. 103. AMENDMENTS TO THE INDIAN LAND CONSOLIDATION ACT.

       The Indian Land Consolidation Act (25 U.S.C. 2201 et seq.) 
     is amended--
       (1) in section 202--
       (A) in paragraph (1), by striking ``(1) `tribe' '' and 
     inserting ``(1) `Indian tribe' or `tribe' '';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) `Indian' means any person who is a member of any 
     Indian tribe or is eligible to become a member of any Indian 
     tribe, or any person who has been found to meet the 
     definition of `Indian' under a provision of Federal law if 
     the Secretary determines that using such law's definition of 
     Indian is consistent with the purposes of this Act;'';
       (C) by striking ``and'' at the end of paragraph (3);
       (D) by striking the period at the end of paragraph (4) and 
     inserting ``; and''; and
       (E) by adding at the end the following:
       ``(5) `heirs of the first or second degree' means parents, 
     children, grandchildren, grandparents, brothers and sisters 
     of a decedent.'';
       (2) in section 205--
       (A) in the matter preceding paragraph (1)--
       (i) by striking ``Any Indian'' and inserting ``(a) In 
     General.--Subject to subsection (b), any Indian'';
       (ii) by striking the colon and inserting the following: ``. 
     Interests owned by an Indian tribe in a tract may be included 
     in the computation of the percentage of ownership of the 
     undivided interests in that tract for purposes of determining 
     whether the consent requirement under the preceding sentence 
     has been met.'';
       (iii) by striking ``: Provided, That--''; and inserting the 
     following:
       ``(b) Conditions Applicable to Purchase.--Subsection (a) 
     applies on the condition that--'';
       (B) in paragraph (2)--
       (i) by striking ``If,'' and inserting ``if''; and
       (ii) by adding ``and'' at the end; and
       (C) by striking paragraph (3) and inserting the following:
       ``(3) the approval of the Secretary shall be required for a 
     land sale initiated under this section, except that such 
     approval shall not be required with respect to a land sale 
     transaction initiated by an Indian tribe that has in effect a 
     land consolidation plan that has been approved by the 
     Secretary under section 204.'';
       (3) by striking section 206 and inserting the following:

     ``SEC. 206. TRIBAL PROBATE CODES; ACQUISITIONS OF FRACTIONAL 
                   INTERESTS BY TRIBES.

       ``(a) Tribal Probate Codes.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, any Indian tribe may adopt a tribal probate code to 
     govern descent and distribution of trust or restricted lands 
     that are--
       ``(A) located within that Indian tribe's reservation; or
       ``(B) otherwise subject to the jurisdiction of that Indian 
     tribe.
       ``(2) Possible inclusions.--A tribal probate code referred 
     to in paragraph (1) may include--
       ``(A) rules of intestate succession; and
       ``(B) other tribal probate code provisions that are 
     consistent with Federal law and that promote the policies set 
     forth in section 102 of the Indian Land Consolidation Act 
     Amendments of 2000.
       ``(3) Limitations.--The Secretary shall not approve a 
     tribal probate code if such code prevents an Indian person 
     from inheriting an interest in an allotment that was 
     originally allotted to his or her lineal ancestor.
       ``(b) Secretarial Approval.--
       ``(1) In general.--Any tribal probate code enacted under 
     subsection (a), and any amendment to such a tribal probate 
     code, shall be subject to the approval of the Secretary.
       ``(2) Review and approval.--
       ``(A) In general.--Each Indian tribe that adopts a tribal 
     probate code under subsection (a) shall submit that code to 
     the Secretary for review. Not later than 180 days after a 
     tribal probate code is submitted to the Secretary under this 
     paragraph, the Secretary shall review and approve or 
     disapprove that tribal probate code.
       ``(B) Consequence of failures to approve or disapprove a 
     tribal probate code.--If the Secretary fails to approve or 
     disapprove a tribal probate code submitted for review

[[Page 16399]]

     under subparagraph (A) by the date specified in that 
     subparagraph, the tribal probate code shall be deemed to have 
     been approved by the Secretary, but only to the extent that 
     the tribal probate code is consistent with Federal law and 
     promotes the policies set forth in section 102 of the Indian 
     Land Consolidation Act Amendments of 2000.
       ``(C) Consistency of tribal probate code with act.--The 
     Secretary may not approve a tribal probate code, or any 
     amendment to such a code, under this paragraph unless the 
     Secretary determines that the tribal probate code promotes 
     the policies set forth in section 102 of the Indian Land 
     Consolidation Act Amendments of 2000.
       ``(D) Explanation.--If the Secretary disapproves a tribal 
     probate code, or an amendment to such a code, under this 
     paragraph, the Secretary shall include in the notice of 
     disapproval to the Indian tribe a written explanation of the 
     reasons for the disapproval.
       ``(E) Amendments.--
       ``(i) In general.--Each Indian tribe that amends a tribal 
     probate code under this paragraph shall submit the amendment 
     to the Secretary for review and approval. Not later than 60 
     days after receiving an amendment under this subparagraph, 
     the Secretary shall review and approve or disapprove the 
     amendment.
       ``(ii) Consequence of failure to approve or disapprove an 
     amendment.--If the Secretary fails to approve or disapprove 
     an amendment submitted under clause (i), the amendment shall 
     be deemed to have been approved by the Secretary, but only to 
     the extent that the amendment is consistent with Federal law 
     and promotes the policies set forth in section 102 of the 
     Indian Land Consolidation Act of 2000.
       ``(3) Effective dates.--A tribal probate code approved 
     under paragraph (2) shall become effective on the later of--
       ``(A) the date specified in section 207(g)(5); or
       ``(B) 180 days after the date of approval.
       ``(4) Limitations.--
       ``(A) Tribal probate codes.--Each tribal probate code 
     enacted under subsection (a) shall apply only to the estate 
     of a decedent who dies on or after the effective date of the 
     tribal probate code.
       ``(B) Amendments to tribal probate codes.--With respect to 
     an amendment to a tribal probate code referred to in 
     subparagraph (A), that amendment shall apply only to the 
     estate of a decedent who dies on or after the effective date 
     of the amendment.
       ``(5) Repeals.--The repeal of a tribal probate code shall--
       ``(A) not become effective earlier than the date that is 
     180 days after the Secretary receives notice of the repeal; 
     and
       ``(B) apply only to the estate of a decedent who dies on or 
     after the effective date of the repeal.
       ``(c) Authority Available to Indian Tribes.--
       ``(1) In general.--If the owner of an interest in trust or 
     restricted land devises an interest in such land to a non-
     Indian under section 207(a)(6)(A), the Indian tribe that 
     exercises jurisdiction over the parcel of land involved may 
     acquire such interest by paying to the Secretary the fair 
     market value of such interest, as determined by the Secretary 
     on the date of the decedent's death. The Secretary shall 
     transfer such payment to the devisee.
       ``(2) Limitation.--
       ``(A) In general.--Paragraph (1) shall not apply to an 
     interest in trust or restricted land if, while the decedent's 
     estate is pending before the Secretary, the non-Indian 
     devisee renounces the interest in favor of an Indian person.
       ``(B) Reservation of life estate.--A non-Indian devisee 
     described in subparagraph (A) or a non-Indian devisee 
     described in section 207(a)(6)(B), may retain a life estate 
     in the interest involved, including a life estate to the 
     revenue produced from the interest. The amount of any payment 
     required under paragraph (1) shall be reduced to reflect the 
     value of any life estate reserved by a non-Indian devisee 
     under this subparagraph.
       ``(3) Payments.--With respect to payments by an Indian 
     tribe under paragraph (1), the Secretary shall--
       ``(A) upon the request of the tribe, allow a reasonable 
     period of time, not to exceed 2 years, for the tribe to make 
     payments of amounts due pursuant to paragraph (1); or
       ``(B) recognize alternative agreed upon exchanges of 
     consideration or extended payment terms between the non-
     Indian devisee described in paragraph (1) and the tribe in 
     satisfaction of the payment under paragraph (1).
       ``(d) Use of Proposed Findings by Tribal Justice Systems.--
       ``(1) Tribal justice system defined.--In this subsection, 
     the term `tribal justice system' has the meaning given that 
     term in section 3 of the Indian Tribal Justice Act (25 U.S.C. 
     3602).
       ``(2) Regulations.--The Secretary by regulation may provide 
     for the use of findings of fact and conclusions of law, as 
     rendered by a tribal justice system, as proposed findings of 
     fact and conclusions of law in the adjudication of probate 
     proceedings by the Department of the Interior.'';
       (4) by striking section 207 and inserting the following:

     ``SEC. 207. DESCENT AND DISTRIBUTION.

       ``(a) Testamentary Disposition.--
       ``(1) In general.--Interests in trust or restricted land 
     may be devised only to--
       ``(A) the decedent's Indian spouse or any other Indian 
     person; or
       ``(B) the Indian tribe with jurisdiction over the land so 
     devised.
       ``(2) Life estate.--Any devise of an interest in trust or 
     restricted land to a non-Indian shall create a life estate 
     with respect to such interest.
       ``(3) Remainder.--
       ``(A) In general.--Except where the remainder from the life 
     estate referred to in paragraph (2) is devised to an Indian, 
     such remainder shall descend to the decedent's Indian spouse 
     or Indian heirs of the first or second degree pursuant to the 
     applicable law of intestate succession.
       ``(B) Descent of interests.--If a decedent described in 
     subparagraph (A) has no Indian heirs of the first or second 
     degree, the remainder interest described in such subparagraph 
     shall descend to any of the decedent's collateral heirs of 
     the first or second degree, pursuant to the applicable laws 
     of intestate succession, if on the date of the decedent's 
     death, such heirs were a co-owner of an interest in the 
     parcel of trust or restricted land involved.
       ``(C) Definition.--For purposes of this section, the term 
     `collateral heirs of the first or second degree' means the 
     brothers, sisters, aunts, uncles, nieces, nephews, and first 
     cousins, of a decedent.
       ``(4) Descent to tribe.--If the remainder interest 
     described in paragraph (3)(A) does not descend to an Indian 
     heir or heirs it shall descend to the Indian tribe that 
     exercises jurisdiction over the parcel of trust or restricted 
     lands involved, subject to paragraph (5).
       ``(5) Acquisition of interest by indian co-owners.--An 
     Indian co-owner of a parcel of trust or restricted land may 
     prevent the descent of an interest in Indian land to an 
     Indian tribe under paragraph (4) by paying into the 
     decedent's estate the fair market value of the interest in 
     such land. If more than 1 Indian co-owner offers to pay for 
     such an interest, the highest bidder shall obtain the 
     interest. If payment is not received before the close of the 
     probate of the decedent's estate, the interest shall descend 
     to the tribe that exercises jurisdiction over the parcel.
       ``(6) Special rule.--
       ``(A) In general.--Notwithstanding paragraph (2), an owner 
     of trust or restricted land who does not have an Indian 
     spouse, Indian lineal descendant, an Indian heir of the first 
     or second degree, or an Indian collateral heir of the first 
     or second degree, may devise his or her interests in such 
     land to any of the decedent's heirs of the first or second 
     degree or collateral heirs of the first or second degree.
       ``(B) Acquisition of interest by tribe.--An Indian tribe 
     that exercises jurisdiction over an interest in trust or 
     restricted land described in subparagraph (A) may acquire any 
     interest devised to a non-Indian as provided for in section 
     206(c).
       ``(b) Intestate Succession.--
       ``(1) In general.--An interest in trust or restricted land 
     shall pass by intestate succession only to a decedent's 
     spouse or heirs of the first or second degree, pursuant to 
     the applicable law of intestate succession.
       ``(2) Life estate.--Notwithstanding paragraph (1), with 
     respect to land described in such paragraph, a non-Indian 
     spouse or non-Indian heirs of the first or second degree 
     shall only receive a life estate in such land.
       ``(3) Descent of interests.--If a decedent described in 
     paragraph (1) has no Indian heirs of the first or second 
     degree, the remainder interest from the life estate referred 
     to in paragraph (2) shall descend to any of the decedent's 
     collateral Indian heirs of the first or second degree, 
     pursuant to the applicable laws of intestate succession, if 
     on the date of the decedent's death, such heirs were a co-
     owner of an interest in the parcel of trust or restricted 
     land involved.
       ``(4) Descent to tribe.--If the remainder interest 
     described in paragraph (3) does not descend to an Indian heir 
     or heirs it shall descend to the Indian tribe that exercises 
     jurisdiction over the parcel of trust or restricted lands 
     involved, subject to paragraph (5).
       ``(5) Acquisition of interest by indian co-owners.--An 
     Indian co-owner of a parcel of trust or restricted land may 
     prevent the descent of an interest in such land for which 
     there is no heir of the first or second degree by paying into 
     the decedent's estate the fair market value of the interest 
     in such land. If more than 1 Indian co-owner makes an offer 
     to pay for such an interest, the highest bidder shall obtain 
     the interest. If no such offer is made, the interest shall 
     descend to the Indian tribe that exercises jurisdiction over 
     the parcel of land involved.
       ``(c) Joint Tenancy; Right of Survivorship.--
       ``(1) Testate.--If a testator devises interests in the same 
     parcel of trust or restricted lands to more than 1 person, in 
     the absence of express language in the devise to the 
     contrary, the devise shall be presumed to create joint 
     tenancy with the right of survivorship in the land involved.
       ``(2) Intestate.--
       ``(A) In general.--Any interest in trust or restricted land 
     that--
       ``(i) passes by intestate succession to more than 1 person, 
     including a remainder interest under subsection (a) or (b) of 
     section 207; and

[[Page 16400]]

       ``(ii) that constitutes 5 percent or more of the undivided 
     interest in a parcel of trust or restricted land;
     shall be held as tenancy in common.
       ``(B) Limited interest.--Any interest in trust or 
     restricted land that--
       ``(i) passes by intestate succession to more than 1 person, 
     including a remainder interest under subsection (a) or (b) of 
     section 207; and
       ``(ii) that constitutes less than 5 percent of the 
     undivided interest in a parcel of trust or restricted land;
     shall be held by such heirs with the right of survivorship.
       ``(3) Effective date.--
       ``(A) In general.--This subsection (other than subparagraph 
     (B)) shall become effective on the later of--
       ``(i) the date referred to in subsection (g)(5); or
       ``(ii) the date that is six months after the date on which 
     the Secretary makes the certification required under 
     subparagraph (B).
       ``(B) Certification.--Upon a determination by the Secretary 
     that the Department of the Interior has the capacity, 
     including policies and procedures, to track and manage 
     interests in trust or restricted land held with the right of 
     survivorship, the Secretary shall certify such determination 
     and publish such certification in the Federal Register.
       ``(d) Descent of Off-Reservation Lands.--
       ``(1) Indian reservation defined.--For purposes of this 
     subsection, the term `Indian reservation' includes lands 
     located within--
       ``(A)(i) Oklahoma; and
       ``(ii) the boundaries of an Indian tribe's former 
     reservation (as defined and determined by the Secretary);
       ``(B) the boundaries of any Indian tribe's current or 
     former reservation; or
       ``(C) any area where the Secretary is required to provide 
     special assistance or consideration of a tribe's acquisition 
     of land or interests in land.
       ``(2) Descent.--Except in the State of California, upon the 
     death of an individual holding an interest in trust or 
     restricted lands that are located outside the boundaries of 
     an Indian reservation and that are not subject to the 
     jurisdiction of any Indian tribe, that interest shall descend 
     either--
       ``(A) by testate or intestate succession in trust to an 
     Indian; or
       ``(B) in fee status to any other devises or heirs.
       ``(e) Approval of Agreements.--The official authorized to 
     adjudicate the probate of trust or restricted lands shall 
     have the authority to approve agreements between a decedent's 
     heirs and devisees to consolidate interests in trust or 
     restricted lands. The agreements referred to in the preceding 
     sentence may include trust or restricted lands that are not a 
     part of the decedent's estate that is the subject of the 
     probate. The Secretary may promulgate regulations for the 
     implementation of this subsection.
       ``(f) Estate Planning Assistance.--
       ``(1) In general.--The Secretary shall provide estate 
     planning assistance in accordance with this subsection, to 
     the extent amounts are appropriated for such purpose.
       ``(2) Requirements.--The estate planning assistance 
     provided under paragraph (1) shall be designed to--
       ``(A) inform, advise, and assist Indian landowners with 
     respect to estate planning in order to facilitate the 
     transfer of trust or restricted lands to a devisee or 
     devisees selected by the landowners; and
       ``(B) assist Indian landowners in accessing information 
     pursuant to section 217(e).
       ``(3) Contracts.--In carrying out this section, the 
     Secretary may enter into contracts with entities that have 
     expertise in Indian estate planning and tribal probate codes.
       ``(g) Notification to Indian Tribes and Owners of Trust or 
     Restricted Lands.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Indian Land Consolidation Act Amendments 
     of 2000, the Secretary shall notify Indian tribes and owners 
     of trust or restricted lands of the amendments made by the 
     Indian Land Consolidation Act Amendments of 2000.
       ``(2) Specifications.--The notice required under paragraph 
     (1) shall be designed to inform Indian owners of trust or 
     restricted land of--
       ``(A) the effect of this Act, with emphasis on the effect 
     of the provisions of this section, on the testate disposition 
     and intestate descent of their interests in trust or 
     restricted land; and
       ``(B) estate planning options available to the owners, 
     including any opportunities for receiving estate planning 
     assistance or advice.
       ``(3) Requirements.--The Secretary shall provide the notice 
     required under paragraph (1)--
       ``(A) by direct mail for those Indians with interests in 
     trust and restricted lands for which the Secretary has an 
     address for the interest holder;
       ``(B) through the Federal Register;
       ``(C) through local newspapers in areas with significant 
     Indian populations, reservation newspapers, and newspapers 
     that are directed at an Indian audience; and
       ``(D) through any other means determined appropriate by the 
     Secretary.
       ``(4) Certification.--After providing notice under this 
     subsection, the Secretary shall certify that the requirements 
     of this subsection have been met and shall publish notice of 
     such certification in the Federal Register.
       ``(5) Effective date.--The provisions of this section shall 
     not apply to the estate of an individual who dies prior to 
     the day that is 365 days after the Secretary makes the 
     certification required under paragraph (4).'';
       (5) in section 208, by striking ``section 206'' and 
     inserting ``subsections (a) and (b) of section 206''; and
       (6) by adding at the end the following:

     ``SEC. 213. PILOT PROGRAM FOR THE ACQUISITION OF FRACTIONAL 
                   INTERESTS.

       ``(a) Acquisition by Secretary.--
       ``(1) In general.--The Secretary may acquire, at the 
     discretion of the Secretary and with the consent of the 
     owner, and at fair market value, any fractional interest in 
     trust or restricted lands.
       ``(2) Authority of Secretary.--
       ``(A) In general.--The Secretary shall have the authority 
     to acquire interests in trust or restricted lands under this 
     section during the 3-year period beginning on the date of 
     certification that is referred to in section 207(g)(5).
       ``(B) Required report.--Prior to expiration of the 
     authority provided for in subparagraph (A), the Secretary 
     shall submit the report required under section 218 concerning 
     whether the program to acquire fractional interests should be 
     extended or altered to make resources available to Indian 
     tribes and individual Indian landowners.
       ``(3) Interests held in trust.--Subject to section 214, the 
     Secretary shall immediately hold interests acquired under 
     this Act in trust for the recognized tribal government that 
     exercises jurisdiction over the land involved.
       ``(b) Requirements.--In implementing subsection (a), the 
     Secretary--
       ``(1) shall promote the policies provided for in section 
     102 of the Indian Land Consolidation Act Amendments of 2000;
       ``(2) may give priority to the acquisition of fractional 
     interests representing 2 percent or less of a parcel of trust 
     or restricted land, especially those interests that would 
     have escheated to a tribe but for the Supreme Court's 
     decision in Babbitt v. Youpee, (117 S Ct. 727 (1997));
       ``(3) to the extent practicable--
       ``(A) shall consult with the tribal government that 
     exercises jurisdiction over the land involved in determining 
     which tracts to acquire on a reservation;
       ``(B) shall coordinate the acquisition activities with the 
     acquisition program of the tribal government that exercises 
     jurisdiction over the land involved, including a tribal land 
     consolidation plan approved pursuant to section 204; and
       ``(C) may enter into agreements (such agreements will not 
     be subject to the provisions of the Indian Self-Determination 
     and Education Assistance Act of 1974) with the tribal 
     government that exercises jurisdiction over the land involved 
     or a subordinate entity of the tribal government to carry out 
     some or all of the Secretary's land acquisition program; and
       ``(4) shall minimize the administrative costs associated 
     with the land acquisition program.
       ``(c) Sale of Interest to Indian Landowners.--
       ``(1) Conveyance at request.--
       ``(A) In general.--At the request of any Indian who owns at 
     least 5 percent of the undivided interest in a parcel of 
     trust or restricted land, the Secretary shall convey an 
     interest acquired under this section to the Indian landowner 
     upon payment by the Indian landowner of the amount paid for 
     the interest by the Secretary.
       ``(B) Limitation.--With respect to a conveyance under this 
     subsection, the Secretary shall not approve an application to 
     terminate the trust status or remove the restrictions of such 
     an interest.
       ``(2) Multiple owners.--If more than one Indian owner 
     requests an interest under (1), the Secretary shall convey 
     the interest to the Indian owner who owns the largest 
     percentage of the undivided interest in the parcel of trust 
     or restricted land involved.
       ``(3) Limitation.--If an Indian tribe that has jurisdiction 
     over a parcel of trust or restricted land owns 10 percent or 
     more of the undivided interests in a parcel of such land, 
     such interest may only be acquired under paragraph (1) with 
     the consent of such Indian tribe.

     ``SEC. 214. ADMINISTRATION OF ACQUIRED FRACTIONAL INTERESTS, 
                   DISPOSITION OF PROCEEDS.

       ``(a) In General.--Subject to the conditions described in 
     subsection (b)(1), an Indian tribe receiving a fractional 
     interest under section 213 may, as a tenant in common with 
     the other owners of the trust or restricted lands, lease the 
     interest, sell the resources, consent to the granting of 
     rights-of-way, or engage in any other transaction affecting 
     the trust or restricted land authorized by law.
       ``(b) Conditions.--
       ``(1) In general.--The conditions described in this 
     paragraph are as follows:
       ``(A) Until the purchase price paid by the Secretary for an 
     interest referred to in subsection (a) has been recovered, or 
     until the Secretary makes any of the findings under

[[Page 16401]]

     paragraph (2)(A), any lease, resource sale contract, right-
     of-way, or other document evidencing a transaction affecting 
     the interest shall contain a clause providing that all 
     revenue derived from the interest shall be paid to the 
     Secretary.
       ``(B) Subject to subparagraph (C), the Secretary shall 
     deposit any revenue derived under subparagraph (A) into the 
     Acquisition Fund created under section 216.
       ``(C) The Secretary shall deposit any revenue that is paid 
     under subparagraph (A) that is in excess of the purchase 
     price of the fractional interest involved to the credit of 
     the Indian tribe that receives the fractional interest under 
     section 213 and the tribe shall have access to such funds in 
     the same manner as other funds paid to the Secretary for the 
     use of lands held in trust for the tribe.
       ``(D) Notwithstanding any other provision of law, including 
     section 16 of the Act of June 18, 1934 (commonly referred to 
     as the `Indian Reorganization Act') (48 Stat. 987, chapter 
     576; 25 U.S.C. 476), with respect to any interest acquired by 
     the Secretary under section 213, the Secretary may approve a 
     transaction covered under this section on behalf of a tribe 
     until--
       ``(i) the Secretary makes any of the findings under 
     paragraph (2)(A); or
       ``(ii) an amount equal to the purchase price of that 
     interest has been paid into the Acquisition Fund created 
     under section 216.
       ``(2) Exception.--Paragraph (1)(A) shall not apply to any 
     revenue derived from an interest in a parcel of land acquired 
     by the Secretary under section 213 after--
       ``(A) the Secretary makes a finding that--
       ``(i) the costs of administering the interest will equal or 
     exceed the projected revenues for the parcel involved;
       ``(ii) in the discretion of the Secretary, it will take an 
     unreasonable period of time for the parcel to generate 
     revenue that equals the purchase price paid for the interest; 
     or
       ``(iii) a subsequent decrease in the value of land or 
     commodities associated with the land make it likely that the 
     interest will be unable to generate revenue that equals the 
     purchase price paid for the interest in a reasonable time; or
       ``(B) an amount equal to the purchase price of that 
     interest in land has been paid into the Acquisition Fund 
     created under section 216.
       ``(c) Tribe Not Treated as Party to Lease; No Effect on 
     Tribal Sovereignty, Immunity.--
       ``(1) In general.--Paragraph (2) shall apply with respect 
     to any undivided interest in allotted land held by the 
     Secretary in trust for a tribe if a lease or agreement under 
     subsection (a) is otherwise applicable to such undivided 
     interest by reason of this section even though the Indian 
     tribe did not consent to the lease or agreement.
       ``(2) Application of lease.--The lease or agreement 
     described in paragraph (1) shall apply to the portion of the 
     undivided interest in allotted land described in such 
     paragraph (including entitlement of the Indian tribe to 
     payment under the lease or agreement), and the Indian tribe 
     shall not be treated as being a party to the lease or 
     agreement. Nothing in this section (or in the lease or 
     agreement) shall be construed to affect the sovereignty of 
     the Indian tribe.

     ``SEC. 215. ESTABLISHING FAIR MARKET VALUE.

       ``For purposes of this Act, the Secretary may develop a 
     system for establishing the fair market value of various 
     types of lands and improvements. Such a system may include 
     determinations of fair market value based on appropriate 
     geographic units as determined by the Secretary. Such system 
     may govern the amounts offered for the purchase of interests 
     in trust or restricted lands under section 213.

     ``SEC. 216. ACQUISITION FUND.

       ``(a) In General.--The Secretary shall establish an 
     Acquisition Fund to--
       ``(1) disburse appropriations authorized to accomplish the 
     purposes of section 213; and
       ``(2) collect all revenues received from the lease, permit, 
     or sale of resources from interests in trust or restricted 
     lands transferred to Indian tribes by the Secretary under 
     section 213 or paid by Indian landowners under section 
     213(c).
       ``(b) Deposits; Use.--
       ``(1) In general.--Subject to paragraph (2), all proceeds 
     from leases, permits, or resource sales derived from an 
     interest in trust or restricted lands described in subsection 
     (a)(2) shall--
       ``(A) be deposited in the Acquisition Fund; and
       ``(B) as specified in advance in appropriations Acts, be 
     available for the purpose of acquiring additional fractional 
     interests in trust or restricted lands.
       ``(2) Maximum deposits of proceeds.--With respect to the 
     deposit of proceeds derived from an interest under paragraph 
     (1), the aggregate amount deposited under that paragraph 
     shall not exceed the purchase price of that interest under 
     section 213.

     ``SEC. 217. TRUST AND RESTRICTED LAND TRANSACTIONS.

       ``(a) Policy.--It is the policy of the United States to 
     encourage and assist the consolidation of land ownership 
     through transactions--
       ``(1) involving individual Indians;
       ``(2) between Indians and the tribal government that 
     exercises jurisdiction over the land; or
       ``(3) between individuals who own an interest in trust and 
     restricted land who wish to convey that interest to an Indian 
     or the tribal government that exercises jurisdiction over the 
     parcel of land involved;

     in a manner consistent with the policy of maintaining the 
     trust status of allotted lands. Nothing in this section shall 
     be construed to apply to or to authorize the sale of trust or 
     restricted lands to a person who is not an Indian.
       ``(b) Sales, Exchanges and Gift Deeds Between Indians and 
     Between Indians and Indian Tribes.--
       ``(1) In general.--
       ``(A) Estimate of value.--Notwithstanding any other 
     provision of law and only after the Indian selling, 
     exchanging, or conveying by gift deed for no or nominal 
     consideration an interest in land, has been provided with an 
     estimate of the value of the interest of the Indian pursuant 
     to this section--
       ``(i) the sale or exchange or conveyance of an interest in 
     trust or restricted land may be made for an amount that is 
     less than the fair market value of that interest; and
       ``(ii) the approval of a transaction that is in compliance 
     with this section shall not constitute a breach of trust by 
     the Secretary.
       ``(B) Waiver of requirement.--The requirement for an 
     estimate of value under subparagraph (A) may be waived in 
     writing by an Indian selling, exchanging, or conveying by 
     gift deed for no or nominal consideration an interest in land 
     with an Indian person who is the owner's spouse, brother, 
     sister, lineal ancestor of Indian blood, lineal descendant, 
     or collateral heir.
       ``(2) Limitation.--For a period of 5 years after the 
     Secretary approves a conveyance pursuant to this subsection, 
     the Secretary shall not approve an application to terminate 
     the trust status or remove the restrictions of such an 
     interest.
       ``(c) Acquisition of Interest by Secretary.--An Indian, or 
     the recognized tribal government of a reservation, in 
     possession of an interest in trust or restricted lands, at 
     least a portion of which is in trust or restricted status on 
     the date of enactment of the Indian Land Consolidation Act 
     Amendments of 2000 and located within a reservation, may 
     request that the interest be taken into trust by the 
     Secretary. Upon such a request, the Secretary shall forthwith 
     take such interest into trust.
       ``(d) Status of Lands.--The sale, exchange, or conveyance 
     by gift deed for no or nominal consideration of an interest 
     in trust or restricted land under this section shall not 
     affect the status of that land as trust or restricted land.
       ``(e) Land Ownership Information.--Notwithstanding any 
     other provision of law, the names and mailing addresses of 
     the Indian owners of trust or restricted lands, and 
     information on the location of the parcel and the percentage 
     of undivided interest owned by each individual, or of any 
     interest in trust or restricted lands, shall, upon written 
     request, be made available to--
       ``(1) other Indian owners of interests in trust or 
     restricted lands within the same reservation;
       ``(2) the tribe that exercises jurisdiction over the land 
     where the parcel is located or any person who is eligible for 
     membership in that tribe; and
       ``(3) prospective applicants for the leasing, use, or 
     consolidation of such trust or restricted land or the 
     interest in trust or restricted lands.
       ``(f) Notice to Indian Tribe.--After the expiration of the 
     limitation period provided for in subsection (b)(2) and prior 
     to considering an Indian application to terminate the trust 
     status or to remove the restrictions on alienation from trust 
     or restricted land sold, exchanged or otherwise conveyed 
     under this section, the Indian tribe that exercises 
     jurisdiction over the parcel of such land shall be notified 
     of the application and given the opportunity to match the 
     purchase price that has been offered for the trust or 
     restricted land involved.

     ``SEC. 218. REPORTS TO CONGRESS.

       ``(a) In General.--Prior to expiration of the authority 
     provided for in section 213(a)(2)(A), the Secretary, after 
     consultation with Indian tribes and other interested parties, 
     shall submit to the Committee on Indian Affairs and the 
     Committee on Energy and Natural Resources of the Senate and 
     the Committee on Resources of the House of Representatives a 
     report that indicates, for the period covered by the report--
       ``(1) the number of fractional interests in trust or 
     restricted lands acquired; and
       ``(2) the impact of the resulting reduction in the number 
     of such fractional interests on the financial and realty 
     recordkeeping systems of the Bureau of Indian Affairs.
       ``(b) Report.--The reports described in subsection (a) and 
     section 213(a) shall contain findings as to whether the 
     program under this Act to acquire fractional interests in 
     trust or restricted lands should be extended and whether such 
     program should be altered to make resources available to 
     Indian tribes and individual Indian landowners.

     ``SEC. 219. APPROVAL OF LEASES, RIGHTS-OF-WAY, AND SALES OF 
                   NATURAL RESOURCES.

       ``(a) Approval by the Secretary.--

[[Page 16402]]

       ``(1) In general.--Notwithstanding any other provision of 
     law, the Secretary may approve any lease or agreement that 
     affects individually owned allotted land or any other land 
     held in trust or restricted status by the Secretary on behalf 
     of an Indian, if--
       ``(A) the owners of not less than the applicable percentage 
     (determined under subsection (b)) of the undivided interest 
     in the allotted land that is covered by the lease or 
     agreement consent in writing to the lease or agreement; and
       ``(B) the Secretary determines that approving the lease or 
     agreement is in the best interest of the owners of the 
     undivided interest in the allotted land.
       ``(2) Rule of construction.--Nothing in this section shall 
     be construed to apply to leases involving coal or uranium.
       ``(3) Definition.--In this section, the term `allotted 
     land' includes any land held in trust or restricted status by 
     the Secretary on behalf of one or more Indians.
       ``(b) Applicable Percentage.--
       ``(1) Percentage interest.--The applicable percentage 
     referred to in subsection (a)(1) shall be determined as 
     follows:
       ``(A) If there are 5 or fewer owners of the undivided 
     interest in the allotted land, the applicable percentage 
     shall be 100 percent.
       ``(B) If there are more than 5 such owners, but fewer than 
     11 such owners, the applicable percentage shall be 80 
     percent.
       ``(C) If there are more than 10 such owners, but fewer than 
     20 such owners, the applicable percentage shall be 60 
     percent.
       ``(D) If there are 20 or more such owners, the applicable 
     percentage shall be a majority of the interests in the 
     allotted land.
       ``(2) Determination of owners.--
       ``(A) In general.--For purposes of this subsection, in 
     determining the number of owners of, and their interests in, 
     the undivided interest in the allotted land with respect to a 
     lease or agreement, the Secretary shall make such 
     determination based on the records of the Department of the 
     Interior that identify the owners of such lands and their 
     interests and the number of owners of such land on the date 
     on which the lease or agreement involved is submitted to the 
     Secretary under this section.
       ``(B) Rule of construction.--Nothing in subparagraph (A) 
     shall be construed to authorize the Secretary to treat an 
     Indian tribe as the owner of an interest in allotted land 
     that did not escheat to the tribe pursuant to section 207 as 
     a result of the Supreme Court's decision in Babbitt v. 
     Youpee, (117 S Ct. 727 (1997)).
       ``(c) Authority of Secretary to Sign Lease or Agreement on 
     Behalf of Certain Owners.--The Secretary may give written 
     consent to a lease or agreement under subsection (a)--
       ``(1) on behalf of the individual Indian owner if the owner 
     is deceased and the heirs to, or devisees of, the interest of 
     the deceased owner have not been determined; or
       ``(2) on behalf of any heir or devisee referred to in 
     paragraph (1) if the heir or devisee has been determined but 
     cannot be located
       ``(d) Effect of Approval.--
       ``(1) Application to all parties.--
       ``(A) In general.--Subject to paragraph (2), a lease or 
     agreement approved by the Secretary under subsection (a) 
     shall be binding on the parties described in subparagraph 
     (B), to the same extent as if all of the owners of the 
     undivided interest in allotted land covered under the lease 
     or agreement consented to the lease or agreement.
       ``(B) Description of parties.--The parties referred to in 
     subparagraph (A) are--
       ``(i) the owners of the undivided interest in the allotted 
     land covered under the lease or agreement referred to in such 
     subparagraph; and
       ``(ii) all other parties to the lease or agreement.
       ``(2) Tribe not treated as party to lease; no effect on 
     tribal sovereignty, immunity.--
       ``(A) In general.--Subparagraph (B) shall apply with 
     respect to any undivided interest in allotted land held by 
     the Secretary in trust for a tribe if a lease or agreement 
     under subsection (a) is otherwise applicable to such 
     undivided interest by reason of this section even though the 
     Indian tribe did not consent to the lease or agreement.
       ``(B) Application of lease.--The lease or agreement 
     described in subparagraph (A) shall apply to the portion of 
     the undivided interest in allotted land described in such 
     paragraph (including entitlement of the Indian tribe to 
     payment under the lease or agreement), and the Indian tribe 
     shall not be treated as being a party to the lease or 
     agreement. Nothing in this section (or in the lease or 
     agreement) shall be construed to affect the sovereignty of 
     the Indian tribe.
       ``(e) Distribution of Proceeds.--
       ``(1) In general.--The proceeds derived from a lease or 
     agreement that is approved by the Secretary under subsection 
     (a) shall be distributed to all owners of undivided interest 
     in the allotted land covered under the lease or agreement.
       ``(2) Determination of amounts distributed.--The amount of 
     the proceeds under paragraph (1) that are distributed to each 
     owner under that paragraph shall be determined in accordance 
     with the portion of the undivided interest in the allotted 
     land covered under the lease or agreement that is owned by 
     that owner.
       ``(f) Rule of Construction.--Nothing in this section shall 
     be construed to amend or modify the provisions of Public Law 
     105-188 (25 U.S.C. 396 note), the American Indian 
     Agricultural Resources Management Act (25 U.S.C. 3701 et 
     seq.), title II of the Indian Land Consolidation Act 
     Amendments of 2000, or any other Act that provides specific 
     standards for the percentage of ownership interest that must 
     approve a lease or agreement on a specified reservation.

     ``SEC. 220. APPLICATION TO ALASKA.

       ``(a) Findings.--Congress find that--
       ``(1) numerous academic and governmental organizations have 
     studied the nature and extent of fractionated ownership of 
     Indian land outside of Alaska and have proposed solutions to 
     this problem; and
       ``(2) despite these studies, there has not been a 
     comparable effort to analyze the problem, if any, of 
     fractionated ownership in Alaska.
       ``(b) Application of Act to Alaska.--Except as provided in 
     this section, this Act shall not apply to land located within 
     Alaska.
       ``(c) Rule of Construction.--Nothing in this section shall 
     be construed to constitute a ratification of any 
     determination by any agency, instrumentality, or court of the 
     United States that may support the assertion of tribal 
     jurisdiction over allotment lands or interests in such land 
     in Alaska.''.

     SEC. 104. JUDICIAL REVIEW.

       Notwithstanding section 207(g)(5) of the Indian Land 
     Consolidation Act (25 U.S.C. 2206(f)(5)), after the Secretary 
     of Interior provides the certification required under section 
     207(g)(4) of such Act, the owner of an interest in trust or 
     restricted land may bring an administrative action to 
     challenge the application of such section 207 to the devise 
     or descent of his or her interest or interests in trust or 
     restricted lands, and may seek judicial review of the final 
     decision of the Secretary of Interior with respect to such 
     challenge.

     SEC. 105. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated not to exceed 
     $8,000,000 for fiscal year 2001 and each subsequent fiscal 
     year to carry out the provisions of this title (and the 
     amendments made by this title) that are not otherwise funded 
     under the authority provided for in any other provision of 
     Federal law.

     SEC. 106. CONFORMING AMENDMENTS.

       (a) Patents Held in Trust.--The Act of February 8, 1887 (24 
     Stat. 388) is amended--
       (1) by repealing sections 1, 2, and 3 (25 U.S.C. 331, 332, 
     and 333); and
       (2) in the second proviso of section 5 (25 U.S.C. 348)--
       (A) by striking ``and partition''; and
       (B) by striking ``except'' and inserting ``except as 
     provided by the Indian Land Consolidation Act or a tribal 
     probate code approved under such Act and except''.
       (b) Ascertainment of Heirs and Disposal of Allotments.--The 
     Act of June 25, 1910 (36 Stat. 855) is amended--
       (1) in the first sentence of section 1 (25 U.S.C. 372), by 
     striking ``under'' and inserting ``under the Indian Land 
     Consolidation Act or a tribal probate code approved under 
     such Act and pursuant to''; and
       (2) in the first sentence of section 2 (25 U.S.C. 373), by 
     striking ``with regulations'' and inserting ``with the Indian 
     Land Consolidation Act or a tribal probate code approved 
     under such Act and regulations''.
       (c) Transfer of Lands.--Section 4 of the Act of June 18, 
     1934 (25 U.S.C. 464) is amended by striking ``member or:'' 
     and inserting ``member or, except as provided by the Indian 
     Land Consolidation Act,''.

            TITLE II--LEASES OF NAVAJO INDIAN ALLOTTED LANDS

     SEC. 201. LEASES OF NAVAJO INDIAN ALLOTTED LANDS.

       (a) Definitions.--In this section:
       (1) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4(e) of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 
     450b(e)).
       (2) Individually owned navajo indian allotted land.--The 
     term ``individually owned Navajo Indian allotted land'' means 
     Navajo Indian allotted land that is owned in whole or in part 
     by 1 or more individuals.
       (3) Navajo indian.--The term ``Navajo Indian'' means a 
     member of the Navajo Nation.
       (4) Navajo indian allotted land.--The term ``Navajo Indian 
     allotted land'' means a single parcel of land that--
       (A) is located within the jurisdiction of the Navajo 
     Nation; and
       (B)(i) is held in trust or restricted status by the United 
     States for the benefit of Navajo Indians or members of 
     another Indian tribe; and
       (ii) was--
       (I) allotted to a Navajo Indian; or
       (II) taken into trust or restricted status by the United 
     States for a Navajo Indian.
       (5) Owner.--The term ``owner'' means, in the case of any 
     interest in land described in paragraph (4)(B)(i), the 
     beneficial owner of the interest.
       (6) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (b) Approval by the Secretary.--
       (1) In general.--The Secretary may approve an oil or gas 
     lease or agreement that affects individually owned Navajo 
     Indian allotted land, if--

[[Page 16403]]

       (A) the owners of not less than the applicable percentage 
     (determined under paragraph (2)) of the undivided interest in 
     the Navajo Indian allotted land that is covered by the oil or 
     gas lease or agreement consent in writing to the lease or 
     agreement; and
       (B) the Secretary determines that approving the lease or 
     agreement is in the best interest of the owners of the 
     undivided interest in the Navajo Indian allotted land.
       (2) Percentage interest.--The applicable percentage 
     referred to in paragraph (1)(A) shall be determined as 
     follows:
       (A) If there are 10 or fewer owners of the undivided 
     interest in the Navajo Indian allotted land, the applicable 
     percentage shall be 100 percent.
       (B) If there are more than 10 such owners, but fewer than 
     51 such owners, the applicable percentage shall be 80 
     percent.
       (C) If there are 51 or more such owners, the applicable 
     percentage shall be 60 percent.
       (3) Authority of secretary to sign lease or agreement on 
     behalf of certain owners.--The Secretary may give written 
     consent to an oil or gas lease or agreement under paragraph 
     (1) on behalf of an individual Indian owner if--
       (A) the owner is deceased and the heirs to, or devisees of, 
     the interest of the deceased owner have not been determined; 
     or
       (B) the heirs or devisees referred to in subparagraph (A) 
     have been determined, but 1 or more of the heirs or devisees 
     cannot be located.
       (4) Effect of approval.--
       (A) Application to all parties.--
       (i) In general.--Subject to subparagraph (B), an oil or gas 
     lease or agreement approved by the Secretary under paragraph 
     (1) shall be binding on the parties described in clause (ii), 
     to the same extent as if all of the owners of the undivided 
     interest in Navajo Indian allotted land covered under the 
     lease or agreement consented to the lease or agreement.
       (ii) Description of parties.--The parties referred to in 
     clause (i) are--

       (I) the owners of the undivided interest in the Navajo 
     Indian allotted land covered under the lease or agreement 
     referred to in clause (i); and
       (II) all other parties to the lease or agreement.

       (B) Effect on indian tribe.--If--
       (i) an Indian tribe is the owner of a portion of an 
     undivided interest in Navajo Indian allotted land; and
       (ii) an oil or gas lease or agreement under paragraph (1) 
     is otherwise applicable to such portion by reason of this 
     subsection even though the Indian tribe did not consent to 
     the lease or agreement,
     then the lease or agreement shall apply to such portion of 
     the undivided interest (including entitlement of the Indian 
     tribe to payment under the lease or agreement), but the 
     Indian tribe shall not be treated as a party to the lease or 
     agreement and nothing in this subsection (or in the lease or 
     agreement) shall be construed to affect the sovereignty of 
     the Indian tribe.
       (5) Distribution of proceeds.--
       (A) In general.--The proceeds derived from an oil or gas 
     lease or agreement that is approved by the Secretary under 
     paragraph (1) shall be distributed to all owners of the 
     undivided interest in the Navajo Indian allotted land covered 
     under the lease or agreement.
       (B) Determination of amounts distributed.--The amount of 
     the proceeds under subparagraph (A) distributed to each owner 
     under that subparagraph shall be determined in accordance 
     with the portion of the undivided interest in the Navajo 
     Indian allotted land covered under the lease or agreement 
     that is owned by that owner.
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                   FUGITIVE APPREHENSION ACT OF 2000

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               THURMOND (AND OTHERS) AMENDMENT NO. 4020)

  Mr. DeWINE (for Mr. Thurmond (for himself, Mr. Biden, and Mr. Leahy)) 
proposed an amendment to the bill (S. 2516) to fund task forces to 
locate and apprehend fugitives in Federal, State, and local felony 
criminal cases and give administrative subpoena authority to the United 
States Marshals Service, as follows:

       On page 14, beginning with line 21, strike through page 15, 
     line 20 and insert the following:
       ``(3) Nondisclosure requirements.--
       ``(A) In general.--Except as provided in paragraphs (1) and 
     (2), the Attorney General may apply to a court for an order 
     requiring the party to whom an administrative subpoena is 
     directed to refrain from notifying any other party of the 
     existence of the subpoena or court order for such period as 
     the court deems appropriate.
       ``(B) Order.--The court shall enter such order if it 
     determines that there is reason to believe that notification 
     of the existence of the administrative subpoena will result 
     in--
       ``(i) endangering the life or physical safety of an 
     individual;
       ``(ii) flight from prosecution;
       ``(iii) destruction of or tampering with evidence;
       ``(iv) intimidation of potential witnesses; or
       ``(v) otherwise seriously jeopardizing an investigation or 
     undue delay of a trial.
       On page 16, line 9 insert ``, in consultation with the 
     Secretary of the Treasury,'' after ``eral''.

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