[Congressional Record (Bound Edition), Volume 149 (2003), Part 14]
[Senate]
[Pages 19613-19640]
[From the U.S. Government Publishing Office, www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Ms. CANTWELL:
  S. 1455. A bill to regulate international marriage broker activity in 
the United States, to provide for certain protections for individuals 
who utilize services of international marriage brokers, and for other 
services; to the Committee on the Judiciary.
  Ms. CANTWELL. I rise today to introduce the International Marriage 
Broker Regulation Act of 2003. This legislation will provide much 
needed protections for the thousands of foreign women who meet their 
American husbands through for-profit Internet sites and catalogs.
  While mail order bride catalogs may seem like a relic from the past, 
the use of marriage broker services has exploded in recent years with 
the growth of the Internet. While many of these matches result in 
happy, long unions, there is a growing epidemic of domestic abuse among 
couples who meet via international marriage brokers. Immigrant and 
women's advocacy groups across the country report seeing an increase in 
the number of these wives seeking to escape a physically abusive 
husband they met through an IMB. In several cases, the abuse has 
progressed to murder.
  A 1999 study found there were over 200 Internet sites marketing 
foreign women primarily from Eastern Europe and Asia seeking American 
husbands. Recent studies suggest that there are now as many as 400 
currently operating in this country. These sites feature pictures of 
hundreds of women who, according to the Web sites, are looking to meet 
and marry an American man. The international marriage brokers operating 
these sites promise a wife with ``traditional values,'' who will honor 
her husband.
  Unfortunately, women meeting their husbands in this manner frequently 
have little opportunity to get to know their prospective spouses or 
assess their potential for violence. They also have little knowledge of 
their rights as victims of domestic violence in our country even if 
they are not yet citizens or permanent residents.
  In my State of Washington alone there have been three cases of 
serious domestic violence including two murders of women who met their 
husbands through an Internet-based international marriage broker. 
Susanna Blackwell met her husband through an IMB and, in 1994, left her 
native Philippines to move to Washington to marry him. During their 
short marriage, Timothy Blackwell physically abused his wife regularly. 
Within a few months, she had left him and begun divorce proceedings. 
The Blackwells had been separated for more than a year when Timothy 
Blackwell learned Susanna was eight months pregnant with another man's 
child. On the last day of the divorce proceedings, Timothy Blackwell 
shot and killed Susanna, her unborn child, and two friends who were 
waiting outside of the Seattle courtroom.
  In 1999, 18-year-old Anastasia Solovyova married Indle King, a man 
she met through an IMB. Entries from Anastasia's diary detail the abuse 
she suffered and the fear she had of her husband who threatened her 
with death if she were to leave him. In December 2000, Anastasia was 
found strangled to death and buried in a shallow grave in Washington. 
King's accomplice later told police that he strangled Anastasia with a 
necktie while King lay on her chest to keep her from moving. At trial, 
it was discovered that Indle King had previously married another woman 
he met through an internet IMB, who later got a domestic violence 
protection order against him before divorcing him in 1997. It was also 
discovered that he was seeking his third wife through an IMB when he 
and his accomplice developed the plot to kill Anastasia.
  Unfortunately, there are similar examples across the country of women 
who have met their American spouses through an Internet IMB only to be 
seriously injured or killed by an American spouse with a preexisting 
history of violence against women.
  My legislation is modeled on a groundbreaking Washington State law,

[[Page 19614]]

the first State effort to regulate the international matchmaking 
industry. The Washington Legislature took action on this important 
issue after the Blackwell and King cases, and multiple States are 
currently looking at enacting similar legislation.
  The primary goal of my legislation is to better inform women entering 
this country as fiancees and prospective spouses about the past history 
of their prospective spouse and to better inform them of their rights 
as residents of the United States if they become victims of domestic 
violence.
  The bill would first of all halt the current practice of allowing 
Americans to simultaneously seek visas for multiple fiancees, by 
requiring that only one fiancee visa may be sought per applicant each 
year. Currently, multiple request for fiancee visas can be 
simultaneously filed with the Bureau of Citizenship and Immigration, 
and the American requesting the visa will simply choose to marry the 
first woman who is approved.
  Second, my bill would require that, before an IMB may release the 
contact information of a foreign national client, it must first obtain 
her consent to the release of that information and second, provide her 
with information on the rights of victims of domestic violence in this 
country in her own language.
  Third, the IMB would be required to ask American clients to provide 
information on any previous arrest, conviction or court-ordered 
restriction relating to crimes of violence along with their previous 
marital history. This information would also be made available to the 
foreign national.
  Finally, it would require a U.S. citizen seeking a foreign fiancee 
visa to undergo a criminal background check, a check that is already 
performed for the fiancees entering the country themselves. Information 
on convictions and civil orders would be relayed to the visa applicant 
by the consular official along with information on their legal rights 
should they find themselves in an abusive relationship.
  Currently, an American seeking to marry someone through an IMB holds 
all of the cards. The American client has the benefit of a complete 
background check on his future wife, a requirement of the immigration 
process. In addition, the IMBs provide clients extensive information 
about the women they offer, everything from their favorite movies and 
hobbies to whether they are sexually promiscuous.
  Conversely, the foreign fiancee' only gets whatever information her 
future spouse wants to share. These women have no way of confirming 
what they are told about previous marriages or relationships or the 
American client's criminal history.
  Researchers describe the typical American client as Caucasian, 
educated, professional, and financially secure. More than half have 
been married once already and express a desire to find a bride with 
more ``traditional values,'' attitudes they feel are not held by many 
American women today.
  Most of the foreign brides advertised by the IMBs come from countries 
where women are oppressed, have a few educational or professional 
opportunities, and where violence against women is condoned, if not 
encouraged. Because of the cultural differences, researchers say there 
is an inherent imbalance of power in these relationships between 
American men and foreign women.
  The men who seek these more traditional wives typically control the 
household finances and make basic decisons like whether the wife will 
have a driver's license, get a job or spend time with friends. Because 
these women often immigrate alone, they have no family or other support 
network and rely on their husbands for everything. Such dependency can 
make it difficult for a wife to report abuse without worrying that 
doing so is a surefire ticket to deportation. Researchers agree that 
isolation and dependency put these women at greater risk of domestic 
abuse.
  Documenting the extent of this problem has been quite difficult. 
Marriages arranged by IMBs are not tracked separately from other 
immigrant marriages. However, experts agree that abuse is more likely 
in such an arranged marriages and that abuse in these relationships is 
likely underreported since the women are likely to be more afraid of 
deportation than the abuse they suffer at home.
  Attempting to get a handle on the problem, the Immigration and 
Naturalization Service commissioned a study of the industry in 1999. 
The INS study estimated that there are more than 200 IMBs operating 
around the globe, arranging between 4,000 and 6,000 marriages between 
American men and foreign women every year. Experts today put the number 
of IMBs at nearly 500 worldwide. And based on the 1999 statistics, 
there are between 20,000 and 30,000 women who have entered the U.S. 
using an IMB in the past 5 years. While there are a few IMBs aimed at 
female clients, the overwhelming majority of people who seek IMB 
services are men.
  IMBs also are being used as a cover for those seeking servants. That 
is what happened to Helen Clemente, a Filipina brought to the U.S. by 
retired Seattle-area police officer Eldon Doty and his wife, Sally. 
Eldon and Sally Doty had divorced to allow Eldon to marry Helen 
Clemente. However, Eldon and Sally Doty continued to live as man and 
wife, forcing Helene Clemente to work as their servant. After 3 years, 
Helen ran way. The Dotys have worked with INS in exchange for de facto 
immunity, while Helen Clemente continues to fight deportation.
  It is critical for legal immigrants to know that they don't have to 
suffer abuse or work without pay to remain in this country. The 
Violence Against Women Act provided some safeguards for these female 
immigrants, ensuring that in cases of abuse a woman's immigration 
petition may proceed without the sponsorship of her abuser. That 
important legislation provided protections for women who come here and 
find themselves in abusive relationships; however, more can and should 
be done.
  My legislation would give foreign financees critical information they 
need to make an informed decision about the person they are going to 
marry. It puts these foreign brides on more equal footing with their 
American grooms.
  My legislation enjoys support from more than 80 organizations and 
advocacy groups across the country, including religious coalitions, 
laws firms, women's rights and social justice groups. I hope my 
colleagues in the Senate will support it as well.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1455

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``International Marriage 
     Broker Regulation Act of 2003''.

     SEC. 2. LIMIT ON CONCURRENT PETITIONS FOR FIANCE(E) VISAS.

       Section 214(d) of the Immigration and Nationality Act (8 
     U.S.C. 1184(d)) is amended--
       (1) by inserting ``(1)'' before ``A visa''; and
       (2) by adding at the end the following:
       ``(2) A United States citizen or a legal permanent resident 
     may not file more than 1 application for a visa under section 
     101(a)(15)(K)(i) in any 1-year period.''.

     SEC. 3. INTERNATIONAL MARRIAGE BROKERS.

       Section 652 of the Omnibus Consolidated Appropriations Act, 
     1997 (8 U.S.C. 1375), is amended to read as follows:

     ``SEC. 652. INTERNATIONAL MARRIAGE BROKERS.

       ``(a) Findings.--Congress finds the following:
       ``(1) There is a substantial international marriage broker 
     business worldwide. A 1999 study by the Immigration and 
     Naturalization Service estimated that in 1999 there were at 
     least 200 such companies operating in the United States, and 
     that as many as 4,000 to 6,000 persons in the United States, 
     almost all male, find foreign spouses through for-profit 
     international marriage brokers each year.
       ``(2) Aliens seeking to enter the United States to marry 
     citizens of the United States currently lack the ability to 
     access and fully verify personal history information about 
     their prospective American spouses.
       ``(3) Persons applying for fiance(e) visas to enter the 
     United States are required to undergo a criminal background 
     information investigation prior to the issuance of a visa. 
     However, no corresponding requirement exists to inform those 
     seeking fiance(e) visas of

[[Page 19615]]

     any history of violence by the prospective United States 
     spouse.
       ``(4) Many individuals entering the United States on 
     fiance(e) visas for the purpose of marrying a person in the 
     United States are unaware of United States laws regarding 
     domestic violence, including protections for immigrant 
     victims of domestic violence, prohibitions on involuntary 
     servitude, protections from automatic deportation, and the 
     role of police and the courts in providing assistance to 
     victims of domestic violence.
       ``(b) Definitions.--In this section:
       ``(1) Client.--The term `client' means a United States 
     citizen or legal permanent resident who makes a payment or 
     incurs a debt in order to utilize the services of an 
     international marriage broker.
       ``(2) Crime of violence.--The term `crime of violence' has 
     the same meaning given the term in section 16 of title 18, 
     United States Code.
       ``(3) Domestic violence.--The term `domestic violence' 
     means any crime of violence, or other act forming the basis 
     for past or outstanding protective orders, restraining 
     orders, no-contact orders, convictions, arrests, or police 
     reports, committed against a person by--
       ``(A) a current or former spouse of the person;
       ``(B) an individual with whom the person shares a child in 
     common;
       ``(C) an individual who is cohabiting with or has cohabited 
     with the person;
       ``(D) an individual similarly situated to a spouse of the 
     person under the domestic or family violence laws of the 
     jurisdiction where the offense occurs; or
       ``(E) any other individual if the person is protected from 
     that individual's acts under the domestic or family violence 
     laws of the United States or any State, Indian tribal 
     government, or unit of local government.
       ``(4) Foreign national client.--The term `foreign national 
     client' means a non-resident alien who utilizes the services 
     of an international marriage broker.
       ``(5) International marriage broker.--
       ``(A) In general.--The term `international marriage broker' 
     means a corporation, partnership, business, individual, or 
     other legal entity, whether or not organized under any law of 
     the United States, that charges fees for providing dating, 
     matrimonial, social referrals, or matching services between 
     United States citizens or legal permanent residents and 
     nonresident aliens by providing information that would permit 
     individuals to contact each other, including--
       ``(i) providing the name, telephone number, address, 
     electronic mail address, or voicemail of an individual; or
       ``(ii) providing an opportunity for an in-person meeting.
       ``(B) Exceptions.--Such term does not include--
       ``(i) a traditional matchmaking organization of a religious 
     nature that operates on a nonprofit basis and otherwise 
     operates in compliance with the laws of the countries in 
     which it operates including the laws of the United States; or
       ``(ii) an entity that provides dating services between 
     United States citizens or legal permanent residents and 
     aliens, but not as its principal business, and charges 
     comparable rates to all clients regardless of the gender or 
     country of residence of the client.
       ``(6) Personal contact information.--
       ``(A) In general.--The term `personal contact information' 
     means information that would permit an individual to contact 
     another individual, including--
       ``(i) the name, address, phone number, electronic mail 
     address, or voice message mailbox of that individual; and
       ``(ii) the provision of an opportunity for an in-person 
     meeting.
       ``(B) Exception.--Such term does not include a photograph 
     or general information about the background or interests of a 
     person.
       ``(c) Obligations of International Marriage Broker With 
     Respect to Informed Consent.--An international marriage 
     broker shall not provide any personal contact information 
     about any foreign national client, not including photographs, 
     to any person unless and until the international marriage 
     broker has--
       ``(1) provided the foreign national client with information 
     in his or her native language that explains the rights of 
     victims of domestic violence in the United States, including 
     the right to petition for residence independent of, and 
     without the knowledge, consent, or cooperation of, the 
     spouse; and
       ``(2) received from the foreign national client a signed 
     consent to the release of such personal contact information.
       ``(d) Mandatory Collection of Information.--
       ``(1) In general.--Each international marriage broker shall 
     require each client to provide the information listed in 
     paragraph (2), in writing and signed by the client (including 
     by electronic writing and electronic signature), to the 
     international marriage broker prior to referring any personal 
     contact information about any foreign national client to the 
     client.
       ``(2) Information.--The information required to be provided 
     in accordance with paragraph (1) is as follows:
       ``(A) Any arrest, charge, or conviction record for 
     homicide, rape, assault, sexual assault, kidnap, or child 
     abuse or neglect.
       ``(B) Any court ordered restriction on physical contact 
     with another person, including any temporary or permanent 
     restraining order or civil protection order.
       ``(C) Marital history, including if the person is currently 
     married, if the person has previously been married and how 
     many times, how previous marriages were terminated and the 
     date of termination, and if the person has previously 
     sponsored an alien to whom the person has been engaged or 
     married.
       ``(D) The ages of any and all children under the age of 18.
       ``(E) All States in which the client has resided since the 
     age of 18.
       ``(e) Additional Obligations of the International Marriage 
     Broker.--An international marriage broker shall not provide 
     any personal contact information about any foreign national 
     client to any client, unless and until--
       ``(1) the client has been informed that the client will be 
     subject to a criminal background check should they petition 
     for a visa under clause (i) or (iii) of section 101(a)(15)(K) 
     of the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(K)); and
       ``(2) the foreign national client has been provided a copy 
     of the information required under subsection (d) regarding 
     that client.
       ``(f) Civil Penalty.--
       ``(1) Violation.--An international marriage broker that the 
     Secretary of Homeland Security determines has violated any 
     provision of this section or section 7 of the International 
     Marriage Broker Regulation Act of 2003 shall be subject, in 
     addition to any other penalties that may be prescribed by 
     law, to a civil penalty of not more than $20,000 for each 
     such violation.
       ``(2) Procedures for imposition of penalty.--A penalty 
     imposed under paragraph (1) may be imposed only after notice 
     and an opportunity for an agency hearing on the record in 
     accordance with sections 554 through 557 of title 5, United 
     States Code.
       ``(g) Criminal Penalty.--An international marriage broker 
     that, within the special maritime and territorial 
     jurisdiction of the United States, violates any provision of 
     this section or section 7 of the International Marriage 
     Broker Regulation Act of 2003 shall be fined in accordance 
     with title 18, United States Code, or imprisoned for not less 
     than 1 year and not more than 5 years, or both.
       ``(h) Enforcement.--In any case in which the attorney 
     general of a State has reason to believe that an interest of 
     the residents of that State has been, or is threatened to be, 
     adversely affected by a violation of this section, the State, 
     as parens patriae, may bring a civil action on behalf of the 
     residents of the State in a district court of the United 
     States of appropriate jurisdiction to --
       ``(1) enjoin that practice;
       ``(2) enforce compliance with this section; or
       ``(3) obtain damages.
       ``(i) Study and Report.--
       ``(1) Study.--Not later than 2 years after the date of 
     enactment of the International Marriage Broker Regulation Act 
     of 2003, the Attorney General, in consultation with the 
     Director of the Bureau of Citizenship and Immigration 
     Services within the Department of Homeland Security, shall 
     conduct a study--
       ``(A) regarding the number of international marriage 
     brokers doing business in the United States and the number of 
     marriages resulting from the services provided, and the 
     extent of compliance with this section and section 7 of the 
     International Marriage Broker Regulation Act of 2003;
       ``(B) that assesses information gathered under this section 
     and section 7 of the International Marriage Broker Regulation 
     Act of 2003 from clients and petitioners by international 
     marriage brokers and the Bureau of Citizenship and 
     Immigration Services;
       ``(C) that examines, based on the information gathered, the 
     extent to which persons with a history of violence are using 
     the services of international marriage brokers and the extent 
     to which such persons are providing accurate information to 
     international marriage brokers in accordance with this 
     section and section 7 of the International Marriage Broker 
     Regulation Act of 2003; and
       ``(D) that assesses the accuracy of the criminal background 
     check at identifying past instances of domestic violence.
       ``(2) Report.--Not later than 3 years after the date of 
     enactment of the International Marriage Broker Regulation Act 
     of 2003, the Secretary of Homeland Security shall submit a 
     report to the Committees on the Judiciary of the Senate and 
     the House of Representatives setting forth the results of the 
     study conducted pursuant to paragraph (1).''.

     SEC. 4. CRIMINAL BACKGROUND CHECK.

       Section 214(d) of the Immigration and Nationality Act (8 
     U.S.C. 1184(d)), as amended by section 2, is further amended 
     by adding at the end the following:
       ``(3) A petitioner for a visa under clause (i) or (iii) of 
     section 101(a)(15)(K) shall undergo a national criminal 
     background check conducted using the national criminal 
     history background check system and State criminal history 
     repositories of all States in which the applicant has resided 
     prior to the petition being approved by the Secretary of 
     Homeland Security, and the results of the background check 
     shall be included in the

[[Page 19616]]

     petition forwarded to the consular office under that 
     section.''.

     SEC. 5. CHANGES IN CONSULAR PROCESSING OF FIANCE(E) VISA 
                   APPLICATIONS.

       (a) In General.--During the consular interview for purposes 
     of the issuance of a visa under clause (i) or (iii) of 
     section 101(a)(15)(K) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(K)), a consular officer shall disclose 
     to the alien applicant information in writing in the native 
     language of the alien concerning--
       (1) the illegality of domestic violence in the United 
     States and the availability of resources for victims of 
     domestic violence (including aliens), including protective 
     orders, crisis hotlines, free legal advice, and shelters;
       (2) the requirement that international marriage brokers 
     provide foreign national clients with responses of clients to 
     questions regarding the client's domestic violence history 
     and marital history, but that such information may not be 
     accurate;
       (3) the right of an alien who is or whose children are 
     subjected to domestic violence or extreme cruelty by a United 
     States citizen spouse or legal permanent resident spouse, to 
     self-petition for legal permanent immigration status under 
     the Violence Against Women Act independently of, and without 
     the knowledge, consent, or cooperation of, such United States 
     citizen spouse or legal permanent resident spouse; and
       (4) any information regarding the petitioner that--
       (A) was provided to the Bureau of Citizenship and 
     Immigration Services within the Department of Homeland 
     Security pursuant to section 7; and
       (B) is contained in the background check conducted in 
     accordance with section 214(d)(3) of the Immigration and 
     Nationality Act, as added by section 4, relating to any 
     conviction or civil order for a crime of violence, act of 
     domestic violence, or child abuse or neglect.
       (b) Definitions.--In this section, the terms ``client'', 
     ``domestic violence'', ``foreign national client'', and 
     ``international marriage brokers'' have the same meaning 
     given such terms in section 652 of the Omnibus Consolidated 
     Appropriations Act, 1997 (8 U.S.C. 1375).

     SEC. 6. INTERAGENCY TASK FORCE TO MONITOR AND COMBAT 
                   TRAFFICKING.

       Section 105 of the Victims of Trafficking and Violence 
     Protection Act of 2000 (22 U.S.C. 7103) is amended--
       (1) in subsection (d)(2), by inserting ``and the role of 
     international marriage brokers (as defined in section 652 of 
     the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 
     1375))'' after ``public corruption''; and
       (2) by adding at the end the following:
       ``(f) Meetings.--The Task Force shall meet not less than 2 
     times in a calendar year.''.

     SEC. 7. BUREAU OF CITIZENSHIP AND IMMIGRATION SERVICES.

       The Bureau of Citizenship and Immigration Services within 
     the Department of Homeland Security shall require that 
     information described in section 652(c) of the Omnibus 
     Consolidated Appropriations Act, 1997 (8 U.S.C. 1375(c)), as 
     amended by section 3, be provided to the Bureau of 
     Citizenship and Immigration Services by a client (as defined 
     in section 652 of the Omnibus Consolidated Appropriations 
     Act, 1997 (8 U.S.C.1375)) in writing and signed under penalty 
     of perjury as part of any visa petition under section 214(d) 
     of the Immigration and Nationality Act (8 U.S.C. 1184(d)).

     SEC. 8. GOOD FAITH MARRIAGES.

       The fact that an alien who is in the United States on a 
     visa under clause (i) or (iii) of section 101(a)(15)(K) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)) 
     is aware of the criminal background of a client (as defined 
     in section 652 of the Omnibus Consolidated Appropriations 
     Act, 1997 (8 U.S.C. 1375)) cannot be used as evidence that 
     the marriage was not entered into in good faith.

     SEC. 9. TECHNICAL AND CONFORMING AMENDMENTS.

       Section 214(d) of the Immigration and Nationality Act (8 
     U.S.C. 1184(d)) is amended by striking ``Attorney General'' 
     each place that term appears and inserting ``Secretary of 
     Homeland Security''.

     SEC. 10. PREEMPTION.

       Nothing in this Act, or the amendments made by this Act, 
     shall preempt any State law that provides additional 
     protection for aliens who are utilizing the services of an 
     international marriage broker (as defined in section 652 of 
     the Omnibus Consolidated Appropriations Act, 1997 (8 U.S.C. 
     1375)).
                                 ______
                                 
      By Mr. BREAUX:
  S. 1456. A bill to amend the Public Health Service Act with respect 
to mental health services for elderly individuals; to the Committee on 
Health, Education, Labor, and Pensions.
  Mr. BREAUX. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1456

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Positive Aging Act of 
     2003''.

     SEC. 2. FINDINGS; STATEMENT OF PURPOSE.

       (a) Findings.--The Congress finds that--
       (1) although, on average, \1/4\ of all patients seen in 
     primary care settings have a mental disorder, primary care 
     practitioners identify such illness in only about half of 
     these cases;
       (2) four mental disorders are among the 10 leading causes 
     of disability in the United States;
       (3) among the elderly, 10 percent have dementia and as many 
     as one quarter have significant clinical depression;
       (4) access to mental health services by the elderly is 
     compromised by health benefits coverage limits, gaps in the 
     mental health services delivery system, and shortages of 
     geriatric mental health practitioners;
       (5) the integration of medical and mental health treatment 
     provides an effective means of coordinating care, improving 
     mental health outcomes, and saving health care dollars; and
       (6) the treatment of mental disorders in older patients, 
     particularly those with other chronic diseases, can improve 
     health outcomes and the quality of life for these patients.
       (b) Statement of Purpose.--In order to address the emerging 
     crisis in the identification and treatment of mental 
     disorders among the elderly, it is the purpose of this Act 
     to--
       (1) promote models of care that integrate mental health 
     services and medical care within primary care settings; and
       (2) improve access by older adults to mental health 
     services in community-based settings.

  TITLE I--ENHANCING ACCESS TO MENTAL HEALTH SERVICES FOR THE ELDERLY

     SEC. 101. SERVICES IMPLEMENTATION PROJECTS TO SUPPORT 
                   INTEGRATION OF MENTAL HEALTH SERVICES IN 
                   PRIMARY CARE SETTINGS.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.) is amended--
       (1) in section 520(b)--
       (A) in paragraph (14), by striking ``and'' at the end;
       (B) in paragraph (15), by striking the period at the end 
     and inserting ``; and''; and
       (C) by adding at the end the following paragraph:
       ``(16) conduct the demonstration projects specified in 
     section 520K.''; and
       (2) by adding at the end the following section:

     ``SEC. 520K. PROJECTS TO DEMONSTRATE INTEGRATION OF MENTAL 
                   HEALTH SERVICES IN PRIMARY CARE SETTINGS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Center for Mental Health Services, shall make 
     grants to public and private nonprofit entities for evidence-
     based projects to demonstrate ways of integrating mental 
     health services for older patients into primary care 
     settings, such as health centers receiving a grant under 
     section 330 (or determined by the Secretary to meet the 
     requirements for receiving such a grant), other Federally 
     qualified health centers, primary care clinics, and private 
     practice sites.
       ``(b) Requirements.--In order to qualify for a grant under 
     this section, a project shall provide for collaborative care 
     within a primary care setting, involving psychiatrists, 
     psychologists, and other licensed mental health professionals 
     with appropriate training and experience in the treatment of 
     older adults, in which screening, assessment, and 
     intervention services are combined into an integrated service 
     delivery model, including--
       ``(1) screening services by a mental health professional 
     with at least a masters degree in an appropriate field of 
     training, supported by psychiatrists and psychologists with 
     appropriate training and experience in the treatment of older 
     adults to ensure adequate consideration of biomedical and 
     psychosocial conditions, respectively;
       ``(2) referrals for necessary prevention, intervention, 
     follow-up care, consultations, and care planning oversight 
     for mental health and other service needs, as indicated; and
       ``(3) adoption and implementation of evidence-based 
     protocols, to the extent available, for prevalent mental 
     health disorders, including depression, anxiety, behavioral 
     and psychological symptoms of dementia, psychosis, and misuse 
     of, or dependence on, alcohol or medication.
       ``(c) Considerations in Awarding Grants.--To the extent 
     feasible, the Secretary shall ensure that--
       ``(1) grants under this section are awarded to projects in 
     a variety of geographic areas, including urban and rural 
     areas; and
       ``(2) the needs of ethnically diverse at-risk populations 
     are addressed.
       ``(d) Duration.--A project may receive funding pursuant to 
     a grant under this section for a period of up to 3 years, 
     with an extension period of 2 additional years at the 
     discretion of the Secretary.
       ``(e) Application.--In order to receive a grant under this 
     section, a public or private nonprofit entity shall--
       ``(1) submit an application to the Secretary (in such form, 
     containing such information,

[[Page 19617]]

     and at such time as the Secretary may specify); and
       ``(2) agree to report to the Secretary standardized 
     clinical and behavioral data necessary to evaluate patient 
     outcomes and to facilitate evaluations across participating 
     projects.
       ``(f) Evaluation.--Not later than 6 months after the close 
     of a calendar year, the Secretary shall submit to the 
     Congress a report evaluating the projects receiving awards 
     under this section for such year.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated for fiscal year 2004 and each 
     fiscal year thereafter such sums as may be necessary to carry 
     out this section.''.

     SEC. 102. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH TREATMENT 
                   OUTREACH TEAMS.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.), as amended by section 101 
     of this Act, is further amended by adding at the end the 
     following section:

     ``SEC. 520L. GRANTS FOR COMMUNITY-BASED MENTAL HEALTH 
                   TREATMENT OUTREACH TEAMS.

       ``(a) In General.--The Secretary, acting through the 
     Director of the Center for Mental Health Services, shall make 
     grants to public or private nonprofit entities that are 
     community-based providers of geriatric mental health 
     services, to support the establishment and maintenance by 
     such entities of multi-disciplinary geriatric mental health 
     outreach teams in community settings where older adults 
     reside or receive social services. Entities eligible for such 
     grants include--
       ``(1) mental health service providers of a State or local 
     government;
       ``(2) outpatient programs of private, nonprofit hospitals;
       ``(3) community mental health centers meeting the criteria 
     specified in section 1913(c); and
       ``(4) other community-based providers of mental health 
     services.
       ``(b) Requirements.--In order to qualify for a grant under 
     this section, an entity shall--
       ``(1) adopt and implement, for use by its mental health 
     outreach team, evidence-based intervention and treatment 
     protocols (to the extent such protocols are available) for 
     mental disorders prevalent in older adults, relying to the 
     greatest extent feasible on protocols that have been 
     developed--
       ``(A) by or under the auspices of the Secretary; or
       ``(B) by academicians with expertise in mental health and 
     aging;
       ``(2) provide screening for mental disorders, diagnostic 
     services, referrals for treatment, and case management and 
     coordination through such teams; and
       ``(3) coordinate and integrate the services provided by 
     such team with the services of social service, mental health, 
     medical, and other health care providers at the site or sites 
     where the team is based in order to--
       ``(A) improve patient outcomes; and
       ``(B) to ensure, to the maximum extent feasible, the 
     continuing independence of older adults who are residing in 
     the community.
       ``(c) Cooperative Arrangements With Sites Serving as Bases 
     for Outreach Teams.--An entity receiving a grant under this 
     section may enter into an agreement with a person operating a 
     site at which a geriatric mental health outreach team of the 
     entity is based, including--
       ``(1) senior centers;
       ``(2) adult day care programs;
       ``(3) assisted living facilities; and
       ``(4) recipients of grants to provide services to senior 
     citizens under the Older Americans Act, under which such 
     person provides (and is reimbursed by the entity, out of 
     funds received under the grant, for) any supportive services, 
     such as transportation and administrative support, that such 
     person provides to an outreach team of such entity.
       ``(d) Considerations in Awarding Grants.--To the extent 
     feasible, the Secretary shall ensure that--
       ``(1) grants under this section are awarded to projects in 
     a variety of geographic areas, including urban and rural 
     areas; and
       ``(2) the needs of ethnically diverse at-risk populations 
     are addressed.
       ``(e) Application.--In order to receive a grant under this 
     section, an entity shall--
       ``(1) submit an application to the Secretary (in such form, 
     containing such information, and at such time as the 
     Secretary may specify); and
       ``(2) agree to report to the Secretary standardized 
     clinical and behavioral data necessary to evaluate patient 
     outcomes and to facilitate evaluations across participating 
     projects.
       ``(f) Evaluation.--Not later than 6 months after the close 
     of a calendar year, the Secretary shall submit to the 
     Congress a report evaluating the programs receiving a grant 
     under this section for such year.
       ``(g) Authorization of Appropriations.--There are 
     authorized to be appropriated for fiscal year 2004 and each 
     fiscal year thereafter such sums as may be necessary to carry 
     out this section.''.

 TITLE II--ADMINISTRATIVE CHANGES TO STRENGTHEN PROGRAMS FOR GERIATRIC 
                         MENTAL HEALTH SERVICES

     SEC. 201. DESIGNATION OF DEPUTY DIRECTOR FOR GERIATRIC MENTAL 
                   HEALTH SERVICES IN CENTER FOR MENTAL HEALTH 
                   SERVICES.

       Section 520 of the Public Health Service Act (42 U.S.C. 
     290bb-31) is amended by redesignating subsection (c) as 
     subsection (d) and inserting after subsection (b) the 
     following:
       ``(c) Deputy Director for Geriatric Mental Health 
     Services.--The Director, after consultation with the 
     Administrator, shall designate a Deputy Director for 
     Geriatric Mental Health Services, who shall be responsible 
     for the development and implementation of initiatives of the 
     Center to address the mental health needs of older adults. 
     Such initiatives shall include--
       ``(1) research on prevention and identification of mental 
     disorders in the geriatric population;
       ``(2) innovative demonstration projects for the delivery of 
     community-based mental health services for older Americans;
       ``(3) support for the development and dissemination of 
     evidence-based practice models, including models to address 
     dependence on, and misuse of, alcohol and medication in older 
     adults; and
       ``(4) development of model training programs for mental 
     health professionals and caregivers serving older adults.''.

     SEC. 202. MEMBERSHIP OF ADVISORY COUNCIL FOR THE CENTER FOR 
                   MENTAL HEALTH SERVICES.

       Section 502(b)(3) of the Public Health Service Act (42 
     U.S.C. 290aa-1(b)(3)) is amended by adding at the end the 
     following:
       ``(C) In the case of the advisory council for the Center 
     for Mental Health Services, the members appointed pursuant to 
     subparagraphs (A) and (B) shall include representatives of 
     older Americans, their families, and geriatric mental health 
     specialists, including at least 1 physician with board 
     certification in geriatric psychiatry and at least 1 
     psychologist with appropriate training and experience in the 
     treatment of older adults.''.

     SEC. 203. PROJECTS OF NATIONAL SIGNIFICANCE TARGETING 
                   SUBSTANCE ABUSE IN OLDER ADULTS.

       Section 509(b)(2) of the Public Health Service Act (42 
     U.S.C. 290bb-2(b)(2)) is amended by inserting before the 
     period the following: ``, and to providing treatment for 
     older adults with alcohol or substance abuse or addiction, 
     including medication misuse or dependence''.

     SEC. 204. CRITERIA FOR STATE PLANS UNDER COMMUNITY MENTAL 
                   HEALTH SERVICES BLOCK GRANTS.

       (a) In General.--Section 1912(b) of the Public Health 
     Service Act (42 U.S.C. 300x-2(b)) is amended by inserting 
     after paragraph (5) the following:
       ``(6) Goals and initiatives for improving access to 
     services for older adults.--The plan--
       ``(A) specifies goals for improving access by older 
     Americans to community-based mental health services;
       ``(B) includes a plan identifying and addressing the unmet 
     needs of such individuals for mental health services; and
       ``(C) includes an inventory of the services, personnel, and 
     treatment sites available to improve the delivery of mental 
     health services to such individuals.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to State plans submitted under section 1912 of 
     the Public Health Service Act on or after the date that is 
     180 days after the date of the enactment of this Act.
                                 ______
                                 
      By Mr. McCAIN (for himself, Mr. Daschle, and Mr. Johnson):
  S. 1459. A bill to provide for reform of management of Indian trust 
funds and assets under the jurisdiction of the Department of the 
Interior, and for other purposes; to the Committee on Indian Affairs.
  Mr. McCAIN. Mr. President, I rise to introduce legislation to serve 
as the basis for much needed reforms to the Federal Government's 
management of Indian trust funds and trust assets within the U.S. 
Department of the Interior. I am joined by my colleagues, Senators 
Daschle and Johnson, in this effort, as well as by Representatives Mark 
Udall and Nick Rahall whom are sponsoring a companion measure in the 
House of Representatives.
  This legislation is a reflection of a continuing effort by my 
colleagues and myself to develop a trust reform proposal that will not 
only serve to improve the Federal Government's administration and 
management of Indian trust funds and trust assets but it will also 
institute a role for Indian tribes to participate in developing 
additional needed reforms and enhance the principles of tribal self-
determination.
  Earlier this year, Senators Daschle, Johnson, and myself introduced 
similar trust reform legislation and received substantive feedback from 
Indian country on the bill. This feedback helped us in developing this 
new legislative proposal, which will serve as the

[[Page 19618]]

framework for instituting broader reforms necessary for long-term 
management of tribal trust resources and enhancing Federal Indian 
policy. I thank the tribes and tribal organizations such as the Inter 
Tribal Monitoring Association, the Native American Rights Fund, and the 
National Congress of American Indians, which worked with our offices 
and helped to formulate the concepts embodied in this proposal. We are 
encouraged by their efforts and support to seek a legislative remedy to 
these difficult problems.
  The basic elements of this bill focus on three primary areas: the 
management of trust funds and trust assets will be elevated in the 
overall Department by designating a Deputy Secretary of Indian Affairs 
to assume the current responsibilities of the Assistant Secretary of 
Indian Affairs and the Special Trustee. Second, as determined by the 
court and the administration, it is Congress' duty to affirm fiduciary 
standards for proper management of these trust funds and trust assets, 
and this bill includes such standards. And, third, the role of the 
tribes is enhanced through affirmation of the authority of tribes to 
utilize self-determination laws to manage their own funds and assets. 
Tribes will also be engaged in determining additional necessary reforms 
through participation in an established congressional commission.
  The mismanagement of Indian trust funds is a long and disgraceful 
chapter in the history of this Nation. The 1994 American Indian Trust 
Fund Management Reform Act was enacted to take measures to reconcile 
these accounts and return the money to the Native American 
beneficiaries. Unfortunately, as continuing management problems persist 
and Native Americans are left out of the decision-making process about 
the management of their resources, it is time for Congress to step up 
and take decisive action to once again require significant reform with 
the active participation of the tribes.
  I am pleased that Senators Daschle and Johnson are committed to 
working with me once again on this legislation, and I am also 
encouraged by the interest of our House counterparts to jointly 
introduce this bill with us. I look forward to working with my 
colleagues and the tribes to advance this legislation. We are willing 
to consider additional review and comments and expect to further refine 
this bill as it moves through the legislative process.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1459

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``American Indian Trust Fund 
     Management Reform Act Amendments Act of 2003''.

     SEC. 2. DEFINITIONS.

       Section 2 of the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4001) is amended--
       (1) by redesignating paragraphs (1), (2), (3), (4), (5), 
     and (6) as paragraphs (7), (4), (6), (5), (2), and (3), 
     respectively, and moving those paragraphs so as to appear in 
     numerical order; and
       (2) by inserting before paragraph (2) (as redesignated by 
     paragraph (1)) the following:
       ``(1) Audit.--The term `audit' means an audit using 
     accounting procedures that conform to generally accepted 
     accounting principles and auditing procedures that conform to 
     chapter 75 of title 31, United States Code (commonly known as 
     the `Single Audit Act of 1984'); and
       (3) by adding at the end the following:
       ``(8) Tribal government--The term `tribal government' means 
     the governing body of an Indian tribe.
       ``(9) Trust asset.--The term `trust asset' means any 
     tangible property (such as land, a mineral, coal, oil or gas, 
     a forest resource, an agricultural resource, water, a water 
     source, fish, or wildlife) held by the Secretary for the 
     benefit of an Indian tribe or an individual member of an 
     Indian tribe in accordance with Federal law.
       ``(10) Trust funds.--The term `trust funds' means--
       ``(A) all monies or proceeds derived from trust assets; and
       ``(B) all funds held by the Secretary for the benefit of an 
     Indian tribe or an individual member of an Indian tribe in 
     accordance with Federal law.
       ``(11) Trustee.--The term `trustee' means the Secretary or 
     any other person that is authorized to act as a trustee for 
     trust assets and trust funds.''.

     SEC. 3. RESPONSIBILITIES OF SECRETARY.

       Section 102 of the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4011) is amended to read as 
     follows:

     ``SEC. 102. RESPONSIBILITIES OF SECRETARY.

       ``(a) Accounting for Daily and Annual Balances of Indian 
     Trust Funds.--
       ``(1) In general.--The Secretary shall account for the 
     daily and annual balances of all trust funds.
       ``(2) Periodic statement of performance.--
       ``(A) In general.--Not later than 20 business days after 
     the close of the second calendar quarter after the date of 
     enactment of this paragraph, and not later than 20 business 
     days after the close of each calendar quarter thereafter, the 
     Secretary shall provide to each Indian tribe and individual 
     Indian for whom the Secretary manages trust funds a statement 
     of performance for the trust funds.
       ``(B) Requirements.--Each statement under subparagraph (A) 
     shall identify, with respect to the period covered by the 
     statement--
       ``(i) the source, type, and status of the funds;
       ``(ii) the beginning balance of the funds;
       ``(iii) the gains and losses of the funds;
       ``(iv) receipts and disbursements of the funds; and
       ``(v) the ending balance of the funds.
       ``(3) Audits.--With respect to each account containing 
     trust funds, the Secretary shall--
       ``(A) for accounts with less than $1,000, group accounts 
     separately to allow for statistical sampling audit 
     procedures;
       ``(B) for accounts containing more than $1,000 at any time 
     during a given fiscal year--
       ``(i) conduct, for each fiscal year, an audit of all trust 
     funds; and
       ``(ii) include, in the first statement of performance after 
     completion of the audit, a letter describing the results of 
     the audit.
       ``(b) Additional Responsibilities.--The responsibilities of 
     the Secretary in carrying out the trust responsibility of the 
     United States include, but are not limited to--
       ``(1) providing for adequate systems for accounting for and 
     reporting trust fund balances;
       ``(2) providing for adequate controls over receipts and 
     disbursements;
       ``(3) providing for periodic, timely reconciliations of 
     financial records to ensure the accuracy of account 
     information;
       ``(4) determining accurate cash balances;
       ``(5) preparing and supplying to account holders periodic 
     account statements;
       ``(6) establishing and publishing in the Federal Register 
     consistent policies and procedures for trust fund management 
     and accounting;
       ``(7) providing adequate staffing, supervision, and 
     training for trust fund management and accounting; and
       ``(8) managing natural resources located within the 
     boundaries of Indian reservations and trust land.''.

     SEC. 4. AFFIRMATION OF STANDARDS.

       Title I of the American Indian Trust Fund Management Reform 
     Act of 1994 (25 U.S.C. 4011 et seq.) is amended by adding at 
     the end the following:

     ``SEC. 105. AFFIRMATION OF STANDARDS.

       ``Congress affirms that the proper discharge of trust 
     responsibility of the United States requires, without 
     limitation, that the trustee, using the highest degree of 
     care, skill, and loyalty--
       ``(1) protect and preserve Indian trust assets from loss, 
     damage, unlawful alienation, waste, and depletion;
       ``(2) ensure that any management of Indian trust assets 
     required to be carried out by the Secretary--
       ``(A) promotes the interest of the beneficial owner; and
       ``(B) supports, to the maximum extent practicable in 
     accordance with the trust responsibility of the Secretary, 
     the beneficial owner's intended use of the assets;
       ``(3)(A) enforce the terms of all leases or other 
     agreements that provide for the use of trust assets; and
       ``(B) take appropriate steps to remedy trespass on trust or 
     restricted land;
       ``(4) promote tribal control and self-determination over 
     tribal trust land and resources without diminishing the trust 
     responsibility of the Secretary;
       ``(5) select and oversee persons that manage Indian trust 
     assets;
       ``(6) confirm that Indian tribes that manage Indian trust 
     assets in accordance with contracts and compacts authorized 
     by the Indian Self-Determination and Education Assistance Act 
     (25 U.S.C. 450 et seq.) protect and prudently manage those 
     Indian trust assets;
       ``(7) provide oversight and review of the performance of 
     the trust responsibility of the Secretary, including Indian 
     trust asset and investment management programs, operational 
     systems, and information systems;
       ``(8) account for and identify, collect, deposit, invest, 
     and distribute, in a timely manner, income due or held on 
     behalf of tribal and individual Indian account holders;

[[Page 19619]]

       ``(9) maintain a verifiable system of records that, at a 
     minimum, is capable of identifying, with respect to a trust 
     asset--
       ``(A) the location of the trust asset;
       ``(B) the beneficial owners of the trust asset;
       ``(C) any legal encumbrances (such as leases or permits) 
     applicable to the trust asset;
       ``(D) the user of the trust asset;
       ``(E) any rent or other payments made;
       ``(F) the value of trust or restricted land and resources 
     associated with the trust asset;
       ``(G) dates of--
       ``(i) collections;
       ``(ii) deposits;
       ``(iii) transfers;
       ``(iv) disbursements;
       ``(v) imposition of third-party obligations (such as court-
     ordered child support or judgments);
       ``(vi) statements of earnings;
       ``(vii) investment instruments; and
       ``(viii) closure of all trust fund accounts relating to the 
     trust fund asset;
       ``(H) documents pertaining to actions taken to prevent or 
     compensate for any diminishment of the Indian trust asset; 
     and
       ``(I) documents that evidence the actions of the Secretary 
     regarding the management and disposition of the Indian trust 
     asset;
       ``(10) establish and maintain a system of records that--
       ``(A) permits beneficial owners to obtain information 
     regarding Indian trust assets in a timely manner; and
       ``(B) protects the privacy of that information;
       ``(11) invest tribal and individual Indian trust funds to 
     ensure that the trust account remains reasonably productive 
     for the beneficial owner consistent with market conditions 
     existing at the time at which investment is made;
       ``(12) communicate with beneficial owners regarding the 
     management and administration of Indian trust assets; and
       ``(13) protect treaty-based fishing, hunting, gathering, 
     and similar rights-of-access and resource use on traditional 
     tribal land.''.

     SEC. 5. INDIAN PARTICIPATION IN TRUST FUND ACTIVITIES.

       Section 202 of the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4022) is amended by striking 
     subsection (c) and inserting the following:
       ``(c) Management Through Self-Determination Authority.--
       ``(1) In general.--An Indian tribe may use authority 
     granted to the Indian tribe under the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450 et 
     seq.) to manage Indian trust funds and trust assets without 
     terminating--
       ``(A) the trust responsibility of the Secretary; or
       ``(B) the trust status of the funds and assets.
       ``(2) No effect on trust responsibility.--Nothing in this 
     subsection diminishes or otherwise impairs the trust 
     responsibility of the United States with respect to the 
     Indian people.''.

     SEC. 6. DEPUTY SECRETARY FOR INDIAN AFFAIRS.

       (a) In General.--Section 302 of the American Indian Trust 
     Fund Management Reform Act of 1994 (25 U.S.C. 4042) is 
     amended to read as follows:

     ``SEC. 302. DEPUTY SECRETARY FOR INDIAN AFFAIRS.

       ``(a) Establishment.--
       ``(1) In general.--There is established within the 
     Department the position of Deputy Secretary for Indian 
     Affairs (referred to in this section as the `Deputy 
     Secretary'), who shall report directly to the Secretary.
       ``(2) Appointment.--The Deputy Secretary shall be appointed 
     by the President, by and with the advice and consent of the 
     Senate.
       ``(b) Duties.--
       ``(1) In general.--The Deputy Secretary shall--
       ``(A) oversee the Bureau of Indian Affairs;
       ``(B) be responsible for carrying out all duties assigned 
     to the Assistant Secretary for Indian Affairs as of the day 
     before the date of enactment of the American Indian Trust 
     Fund Management Reform Act Amendments Act of 2003;
       ``(C) oversee all trust fund and trust asset matters of the 
     Department, including--
       ``(i) administration and management of the Reform Office;
       ``(ii) financial and human resource matters of the Reform 
     Office; and
       ``(iii) all duties relating to trust fund and trust asset 
     matters;
       ``(D) engage in appropriate government-to-government 
     relations and consultations with Indian tribes and individual 
     trust asset and trust fund account holders on matters 
     involving trust asset and trust fund management and reform 
     within the Department; and
       ``(E) carry out such other duties relating to Indian 
     affairs as the Secretary may assign.
       ``(2) Transfer of duties of assistant secretary.--As of the 
     date of enactment of the American Indian Trust Fund 
     Management Reform Act Amendments Act of 2003, all duties 
     assigned to the Assistant Secretary for Indian Affairs shall 
     be transferred to, and become the responsibility of, the 
     Deputy Secretary.
       ``(3) Succession.--Any official who is serving as Assistant 
     Secretary for Indian Affairs on the date of enactment of the 
     American Indian Trust Fund Management Reform Act Amendments 
     Act of 2003 and who was appointed by the President, by and 
     with the advice and consent of the Senate, shall not be 
     required to be reappointed under subsection (a) to the 
     successor position authorized under subsection (a) if the 
     Secretary approves the occupation by the official of the 
     position by the date that is 180 days after the date of 
     enactment of the American Indian Trust Fund Management Reform 
     Act Amendments Act of 2003 (or such later date determined by 
     the Secretary if litigation delays rapid succession).
       ``(c) Staff.--In carrying out this section, the Deputy 
     Secretary may hire such staff having expertise in trust asset 
     and trust fund management, financial organization and 
     management, and Federal Indian law and policy as the Deputy 
     Secretary determines is necessary to carry out this title.
       ``(d) Effect on Duties of Other Officials.--
       ``(1) In general.--Except as provided in subsection (c) and 
     paragraph (2), nothing in this section diminishes any 
     responsibility or duty of the Deputy Secretary of the 
     Interior appointed under the Act of May 9, 1935 (43 U.S.C. 
     1452), or any other Federal official, relating to any duty 
     established under this Act or any other provision of law.
       ``(2) Trust asset and trust fund management and reform.--
     Notwithstanding any other provision of law, the Deputy 
     Secretary shall have overall management and oversight 
     authority on matters of the Department relating to trust 
     asset and trust fund management and reform (including matters 
     that, as of the day before the date of enactment of the 
     Indian Trust Asset and Trust Fund Management and Reform Act 
     of 2003, were carried out by the Commissioner of Indian 
     Affairs).
       ``(e) Office of Trust Reform Implementation and 
     Oversight.--
       ``(1) Establishment.--There is established within the 
     Office of the Secretary the Office of Trust Reform 
     Implementation and Oversight.
       ``(2) Reform office head.--The Reform Office shall be 
     headed by the Deputy Secretary.
       ``(3) Duties.--The Reform Office shall--
       ``(A) supervise and direct the day-to-day activities of the 
     Deputy Secretary, the Commissioner of Reclamation, the 
     Director of the Bureau of Land Management, and the Director 
     of the Minerals Management Service, to the extent that those 
     officials administer or manage any Indian trust assets or 
     funds;
       ``(B) administer, in accordance with title II, all trust 
     properties, funds, and other assets held by the United States 
     for the benefit of Indian tribes and individual members of 
     Indian tribes;
       ``(C) require the development and maintenance of an 
     accurate inventory of all trust funds and trust assets;
       ``(D) ensure the prompt posting of revenue derived from a 
     trust fund or trust asset for the benefit of each Indian 
     tribe (or individual member of each Indian tribe) that owns a 
     beneficial interest in the trust fund or trust asset;
       ``(E) ensure that all trust fund accounts are audited at 
     least annually, and more frequently as determined to be 
     necessary by the Deputy Secretary;
       ``(F) ensure that the Deputy Secretary, the Director of the 
     Bureau of Land Management, the Commissioner of Reclamation, 
     and the Director of the Minerals Management Service provide 
     to the Secretary current and accurate information relating to 
     the administration and management of trust funds and trust 
     assets; and
       ``(G) provide for regular consultation with trust fund 
     account holders on the administration of trust funds and 
     trust assets to ensure, to the maximum extent practicable in 
     accordance with applicable law and a Plan approved under 
     section 202, the greatest return on those funds and assets 
     for the trust fund account holders consistent with the 
     beneficial owners, intended uses for the trust funds.
       ``(4) Contracts and compacts.--The Reform Office may carry 
     out its duties directly or through contracts and compacts 
     under section 102 of the Indian Self-Determination Act (25 
     U.S.C. 450f) or section 403 of the Indian Self Determination 
     and Education Assistance Act (25 U.S.C. 458cc) to provide for 
     the management of trust assets and trust funds by Indian 
     tribes pursuant to a Trust Fund and Trust Asset Management 
     and Monitoring Plan developed under section 202 of this Act.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated such sums as are necessary to 
     carry out this section.''.
       (b) Conforming Amendments.--
       (1) In general.--
       (A) Section 5313 of title 5, United States Code, is amended 
     by inserting ``Deputy Secretary of the Interior for Indian 
     Affairs'' after ``Deputy Secretary of the Interior''.
       (B) Section 5315 of title 5, United States Code, is amended 
     by striking ``Assistant Secretaries of the Interior (6)'' and 
     inserting ``Assistant Secretaries of the Interior (5)''.
       (C) Title III of the American Indian Trust Fund Management 
     Reform Act of 1994 (25 U.S.C. 4041 et seq.) is amended by 
     striking the title heading and inserting the following:

[[Page 19620]]



        ``TITLE III--REFORMS RELATING TO TRUST RESPONSIBILITY''.

       (D) Section 301(1) of the American Indian Trust Fund 
     Management Reform Act of 1994 (25 U.S.C. 4041(1)) is amended 
     by striking ``by establishing in the Department of the 
     Interior an Office of Special Trustee for American Indians'' 
     and inserting ``by directing the Deputy Secretary''.
       (E) Section 303 of the American Indian Trust Fund 
     Management Reform Act of 1994 (25 U.S.C. 4043) is amended--
       (i) by striking the section heading and inserting the 
     following:

     ``SEC. 303. ADDITIONAL AUTHORITIES AND FUNCTIONS OF THE 
                   DEPUTY SECRETARY.'';

       (ii) in subsection (a)(1), by striking ``section 302(b) of 
     this title'' and inserting ``section 302(a)(2)'';
       (iii) in subsection (e)--

       (I) by striking the subsection heading and inserting the 
     following:

       ``(e) Access of Deputy Secretary.--''; and

       (II) by striking ``of his duties'' and inserting ``of the 
     duties of the Deputy Secretary''; and

       (iv) by striking ``Special Trustee'' each place it appears 
     and inserting ``Deputy Secretary''.
       (F) Sections 304 and 305 of the American Indian Trust Fund 
     Management Reform Act of 1994 (25 U.S.C. 4044, 4045) are 
     amended by striking ``Special Trustee'' each place it appears 
     and inserting ``Deputy Secretary''.
       (G) The first section of Public Law 92-22 (43 U.S.C. 1453a) 
     is repealed.
       (H) Any reference in a law, map, regulation, document, 
     paper, or other record of the United States to the Assistant 
     Secretary of the Interior for Indian Affairs shall be deemed 
     to be a reference to the Deputy Secretary of the Interior for 
     Indian Affairs.
       (2) Effective date.--The amendments made by this subsection 
     take effect on the date on which a Deputy Secretary for 
     Indian Affairs is appointed under section 302 of the American 
     Indian Trust Fund Management Reform Act (as amended by 
     subsection (a)).

     SEC. 7. COMMISSION FOR REVIEW OF INDIAN TRUST FUND MANAGEMENT 
                   RESPONSIBILITIES.

       (a) Establishment.--There is established a commission, to 
     be known as the ``Commission for Review of Indian Trust Fund 
     Management Responsibilities'' (referred to in this section as 
     the ``Commission''), for the purpose of assessing the 
     fiduciary and management responsibilities of the Federal 
     Government with respect to Indian tribes and individual 
     Indian beneficiaries.
       (b) Membership.--
       (1) In general.--The Commission shall be composed of 12 
     members, of whom--
       (A) 4 members shall be appointed by the President;
       (B) 2 members shall be appointed by the Majority Leader of 
     the Senate;
       (C) 2 members shall be appointed by the Minority Leader of 
     the Senate;
       (D) 2 members shall be appointed by the Speaker of the 
     House of Representatives; and
       (E) 2 members shall be appointed by the Minority Leader of 
     the House of Representatives.
       (2) Qualifications.--The membership of the Commission--
       (A) shall include a majority of individuals who are 
     representatives of federally recognized Indian tribes, 
     including at least 1 representative who is an individual 
     Indian trust fund account holder; and
       (B) shall include members who have experience in--
       (i) trust management;
       (ii) fiduciary investment management;
       (iii) Federal Indian law and policy; and
       (iv) financial management.
       (3) Chairperson.--The Commission shall select a Chairperson 
     from among the members of the Commission.
       (4) Date of appointments.--The appointment of a member of 
     the Commission shall be made not later than 90 days after the 
     date of enactment of this Act.
       (5) Term; vacancies.--
       (A) Term.--A member shall be appointed for the life of the 
     Commission.
       (B) Vacancies.--A vacancy on the Commission--
       (i) shall not affect the powers of the Commission; and
       (ii) shall be filled in the same manner as the original 
     appointment was made.
       (c) Meetings.--
       (1) Initial meeting.--Not later than 60 days after the date 
     on which all members of the Commission have been appointed, 
     the Commission shall hold the initial meeting of the 
     Commission.
       (2) Procedures.--The Commission shall--
       (A) meet at the call of the Chairperson; and
       (B) establish procedures for conduct of business of the 
     Commission, including public hearings.
       (3) Quorum.--A majority of the members of the Commission 
     shall constitute a quorum, but a lesser number of members may 
     hold hearings.
       (d) Duties.--The Commission shall--
       (1) review and assess Federal laws and policies relating to 
     the management of Indian trust funds;
       (2) make recommendations (including legislative and 
     administrative recommendations) relating to management of 
     Indian trust funds, including but not limited to options 
     for--
       (A) historical accounting;
       (B) settlement of disputed tribal and individual accounts; 
     and
       (C) revisions of--
       (i) management standards;
       (ii) administrative management structure;
       (iii) investment policies and accounting; and
       (iv) reporting procedures; and
       (3) carry out such other duties as the President may assign 
     to the Commission.
       (e) Report.--Not later than 32 months after the date on 
     which the Commission holds the initial meeting of the 
     Commission, the Commission shall submit to Congress, the 
     Secretary of the Interior, and the Secretary of the Treasury 
     a report that includes the results of the assessment 
     conducted, and the recommendations made, by the Commission 
     under subsection (d).
       (f) Powers of Commission.--
       (1) Hearings.--The Commission may hold such hearings, meet 
     and act at such times and places, take such testimony, and 
     receive such evidence as the Commission considers advisable 
     to carry out this section.
       (2) Information from federal agencies.--
       (A) In general.--The Commission may secure directly from a 
     Federal agency such information as the Commission considers 
     necessary to carry out this section.
       (B) Provision of information.--On request of the 
     Chairperson of the Commission, the head of the agency shall 
     provide the information to the Commission.
       (3) Access to personnel.--The Commission shall have 
     reasonable access to staff responsible for Indian trust 
     management in--
       (A) the Department of the Interior;
       (B) the Department of Treasury; and
       (C) the Department of Justice.
       (4) Postal Services.--The Commission may use the United 
     States mails in the same manner and under the same conditions 
     as other agencies of the Federal Government.
       (5) Gifts.--The Commission may accept, use, and dispose of 
     gifts or donations of services or property.
       (g) Commission Personnel Matters.--
       (1) Compensation of members.--
       (A) Non-federal employees.--A member of the Commission who 
     is not an officer or employee of the Federal Government shall 
     be compensated at a rate equal to the daily equivalent of the 
     annual rate of basic pay prescribed for level IV of the 
     Executive Schedule under section 5315 of title 5, United 
     States Code, for each day (including travel time) during 
     which the member is engaged in the performance of the duties 
     of the Commission.
       (B) Federal employees.--A member of the Commission who is 
     an officer or employee of the Federal Government shall serve 
     without compensation in addition to the compensation received 
     for the services of the member as an officer or employee of 
     the Federal Government.
       (2) Travel expenses.--A member of the Commission shall be 
     allowed travel expenses, including per diem in lieu of 
     subsistence, at rates authorized for an employee of an agency 
     under subchapter I of chapter 57 of title 5, United States 
     Code, while away from the home or regular place of business 
     of the member in the performance of the duties of the 
     Commission.
       (3) Staff.--
       (A) In general.--The Chairperson of the Commission may, 
     without regard to the civil service laws (including 
     regulations), appoint and terminate an executive director and 
     such other additional personnel as are necessary to enable 
     the Commission to perform the duties of the Commission.
       (B) Confirmation of executive director.--The employment of 
     an executive director shall be subject to confirmation by the 
     Commission.
       (C) Compensation.--
       (i) In general.--Except as provided in clause (ii), the 
     Chairperson of the Commission may fix the compensation of the 
     executive director and other personnel without regard to the 
     provisions of chapter 51 and subchapter III of chapter 53 of 
     title 5, United States Code, relating to classification of 
     positions and General Schedule pay rates.
       (ii) Maximum rate of pay.--The rate of pay for the 
     executive director and other personnel shall not exceed the 
     rate payable for level V of the Executive Schedule under 
     section 5316 of title 5, United States Code.
       (h) Exemption From FACA.--The Federal Advisory Committee 
     Act (5 U.S.C. App.) shall not apply to the Commission.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
       (j) Termination of Commission.--The Commission and the 
     authority of the Commission under this section terminates on 
     the date that is 3 years after the date on which the 
     Commission holds the initial meeting of the Commission.

     SEC. 8. REGULATIONS.

       The Secretary of the Interior, in consultation with 
     interested Indian tribes, shall promulgate such regulations 
     as are necessary to carry out this Act and amendments made by 
     this Act.

[[Page 19621]]



     SEC. 9. EFFECT OF ACT.

       (a) Court Proceedings.--Nothing in this Act limits the 
     findings, remedies, jurisdiction, authority, or discretion of 
     the courts in the matter entitled Cobell v. Norton, Civ. No. 
     96-1285 (RCL).
       (b) Use of Funds.--No funds appropriated for the purpose of 
     an historical accounting of the individual Indian trust funds 
     shall be used except as provided in an order of the court in 
     Cobell v. Norton, Civ. No. 96-1285 (RCL) entered after the 
     date of enactment of this Act.

  Mr. DASCHLE. Mr. President, today I once again join with Senators 
John McCain and Tim Johnson in introducing legislation that addresses 
the longstanding problem of mismanagement of assets held by the United 
States in trust for federally recognized Indian tribes and individual 
American Indians.
  Indian country has faced many challenges over the years. Few, 
however, have had more far-ranging ramifications on the lives of 
individual Native Americans, or been more vexing, than that of 
restoring integrity to trust fund management.
  For over 100 years, the Department of the Interior has administered a 
trust fund containing the proceeds of leasing of oil, gas, land and 
mineral rights on Indian land for the benefit of Indian people. Today, 
that trust fund may owe as much as $10 billion to as many as 500,000 
Indians.
  To provide some perspective, the 16 tribes of the Great Plains in 
South Dakota, North Dakota, and Nebraska hold 10 million acres of trust 
lands representing over one-third of the tribal trust assets. Many 
enrolled members of the nine South Dakota tribes have individual trust 
accounts.
  There is little disagreement that current government administration 
of the trust fund is a failure. However, there is no consensus on how 
to reform it.
  Senators McCain, Johnson, and I believe that Congress should be more 
assertive in promoting a solution to the trust management problem and 
in ensuring that tribes and individual Indian account holders have a 
true voice in shaping that solution. That is why we have proposed 
legislation that would redesign the trust management process.
  Today, Senators McCain, Johnson, and I are introducing a revised 
version of S. 175, a trust reform proposal we introduced earlier this 
year. This bill incorporates feedback we received from interested 
stakeholders and responds to developments that have occurred since S. 
175 was introduced.
  We are joined in this effort by Representatives Mark Udall and Nick 
Rahall who are introducing a companion measure in the House. I commend 
them for their commitment to correcting the trust management problem 
and value their leadership on this issue.
  This legislation lays out legislative standards that form the 
cornerstone of the United States of America's trust responsibility to 
Indian nations. It directs the Secretary of the Interior to conduct a 
historical accounting for all trust accounts, regardless of amount, and 
authorizes an Indian tribe to manage Indian trust funds or trust assets 
through contracts or compacts. The trust responsibility of the 
Secretary or the trust status of funds and assets is not terminated but 
a voluntary option of cobeneficiary management is allowed if a tribe 
chooses that option.
  A clear line of authority for trust management is established by 
elevating the Assistant Secretary of Indian Affairs to Deputy Secretary 
of Indian Affairs status. The special trustee's responsibilities are 
transferred to the Deputy Secretary, and the special trustee is 
terminated as intended in the 1994 act.
  Finally, a temporary congressional commission is created to review 
trust funds management by the Department of the Interior. Comprised of 
12 members, it will review and assess Federal management of trust funds 
and provide recommendations relating to the administrative and 
management duties of the Department.
  It is our hope that this proposal will encourage more constructive 
dialog among the Congress, the Interior Department, and Indian country 
on the trust management problem and lead to a true consensus solution. 
With that goal in mind, the bill has been reviewed by representatives 
of the Great Plains tribes, the Native American Rights Fund, the 
National Congress of American Indians, the InterTribal Monitoring 
Association, and the tribes of Arizona.
  With respect to the Great Plains tribes, I would like to note that 
Mike Jandreau, chairman of the Lower Brule Sioux Tribe, has been a 
particularly eloquent advocate and effective champion of trust reform. 
Mike and Cheyenne River Sioux tribal chairman, Harold Frazier, led very 
productive working sessions with tribal leaders from South Dakota, 
North Dakota, and Nebraska that both raised awareness of the importance 
of this issue and built support for the bill that is being introduced 
today.
  I commend the commitment and contribution of the participating Great 
Plains tribal leaders who have been an integral part of a public 
process that will not stop until the trust management problem is 
solved. The McCain-Daschle-Johnson bill is intended to contribute to 
this result.
  It should also be noted and understood that we are not addressing the 
Cobell litigation or settlement issues in this bill. Our focus is the 
broader trust responsibility of the Department of the Interior.
  The issues of trust reform and reorganization within the Bureau of 
Indian Affairs are nothing new to us here on Capitol Hill or in Indian 
country. Collectively, we have endured many efforts--some well 
intentioned and some clearly not--to fix, reform, adjust, improve, 
streamline, downsize, and even terminate the Bureau of Indian Affairs 
and its trust activities.
  These efforts have been pursued under both Republican and Democratic 
administrations. Unfortunately, they have rarely included meaningful 
involvement of tribal leadership or respected the Federal Government's 
treaty obligation to tribes.
  Restoring accountability and efficiency to trust management is a 
matter of fundamental justice. Nowhere do the principles of self-
determination and tribal sovereignty come more into play than in the 
management and distribution of trust funds and assets.
  I am deeply disappointed that this problem has not been solved to the 
satisfaction of tribal leaders by now. That fight is not over.
  An effective long-term solution to the trust problem must be based on 
government-to-government dialog. The McCain-Daschle-Johnson bill will 
not only provide the catalyst for meaningful tribal involvement in the 
search for solutions, it can also form the basis for true trust reform. 
I look forward to participating with tribal leaders, administration 
officials, and my congressional colleagues in pursuit of this essential 
objective.
                                 ______
                                 
      By Mr. KENNEDY (for himself, Ms. Snowe, Mr. Reed, and Mr. 
        Bingaman):
  S. 1460. A bill to amend the Federal Food, Drug, and Cosmetic Act to 
preserve the effectiveness of medically important antibiotics used in 
the treatment of human and animal diseases; to the Committee on Health, 
Education, Labor, and Pensions.
  Mr. KENNEDY. Mr. President, it is a privilege to join Senator Snowe, 
Senator Reed, and Senator Bingaman in introducing The Preservation of 
Antibiotics for Medical Treatment Act.
  Our legislation is both important and timely because we face 
unprecedented challenges to our health and safety from deadly diseases. 
As we have seen from SARS, new diseases can arise naturally and spread 
rapidly around the world. As we have seen from the anthrax attack, 
diseases can also be spread by terrorists.
  We rely heavily on miracle drugs and vaccines to protect us against 
both of these threats. In fact, antibiotics are our strongest weapon in 
combating deadly bacterial diseases. But we have failed for too long to 
deal with a related and increasingly serous aspect of the problem: The 
indiscriminate use of antibiotics for livestock and poultry which is 
reducing the effectiveness of these indispensable drugs that have 
become the crown jewels of modern medicine.

[[Page 19622]]

  Every year, literally tons of antibiotics are routinely added to 
animal feed to enhance growth, fatten animals, and fatten profits too. 
Mounting scientific evidence, though, shows that nontherapeutic use of 
antibiotics in agricultural animals can lead to the development of 
antibiotic-resistant bacteria. These resistant bacteria are easily 
transferred to people by tainted food, making it very difficult or 
impossible to treat deadly infections.
  The use of antibiotics in medicines began in the 1940s, and in the 
last 60 years, many different antibiotics have been discovered and 
widely used in treating patients. But the race has accelerated between 
patients and bacteria. Miracle drugs have saved countless lives but, 
inevitably, as their use in medicine increased, bacteria have developed 
resistance as well. Already, some older antibiotics have become useless 
in medicine.
  There have also been cases of infections resistant even to some of 
the newest and most powerful antibiotics. According to the Centers for 
Disease Control and Prevention, thousands of Americans die each year 
from antibiotic-resistant diseases. The widespread use of antibiotics 
in agriculture was clearly contributing to this serious problem. In 
1997, the World Health Organization recommended that antibiotics should 
not be used to promote animal growth, although they could still be used 
to treat sick animals. Last month, McDonald's Corporation took a major 
step in dealing with this problem. It announced a directive to its meat 
suppliers to stop or reduce the use of antibiotics for growth promotion 
of livestock.
  The legislation we propose will phase out nontherapeutic uses of 
medically important antibiotics in livestock and poultry production, 
unless their manufacturers can demonstrate that they are no danger to 
public health.
  The bill applies the same strict standard to applications for 
approval of new animal antibiotics. It does not restrict the use of 
antibiotics to treat sick animals or to treat pets and other animals 
not used for food.
  There may well be certain circumstances in which the use of 
antibiotics briefly to prevent the spread of a specific disease in a 
limited area is legitimate. I look forward to working with my 
colleagues as we move ahead on this legislation to ensure that we 
properly distinguish the different uses of antibiotics for disease 
prevention.
  The bill also recognizes that FDA is conducting needed studies to 
analyze the risks of using specific antibiotics in raising animals. The 
agency's current risk analysis focuses on the antibiotic known as 
virginiamycin. Our legislation allows such studies to be conducted in 
determining whether antibiotics can be used with a reasonable certainty 
of no harm, and we welcome FDA's scientific analysis of the use of 
these products.
  In addition, the bill authorizes Federal payments to small family 
farms to defray the cost of compliance, and also authorizes research 
and demonstration projects to reduce the use of antibiotics in raising 
food-producing animals. Finally, the bill provides a needed mechanism 
for collecting data to monitor the use of antibiotics in animals, so 
that we can stay ahead of the growing public health threat of 
antibiotic-resistant bacteria.
  The American Medical Association and 300 other organizations support 
our legislation. At a time when the Nation is relying heavily on 
antibiotics to protect our security from bioterrorism, we can't afford 
to squander these essential defenses. I urge my colleagues to support 
this legislation, and I look forward to its enactment.
  Ms. SNOWE. Mr. President, I rise today to join my colleague from 
Massachusetts, Senator Kennedy, in introducing legislation addressing 
the critical issue of bacterial resistance to antibiotics arising from 
overuse of these valuable drugs in humans and animals.
  Alexander Fleming's discovery of the antibacterial effects of 
penicillin in 1929 represented the dawning of a new era in medicine. In 
the decades after its discovery, penicillin became a miracle drug--
allowing physicians to cure diseases that previously would have been 
untreatable--and literally saved millions of lives.
  Antibiotics are crucial in curing a variety of common diseases that 
could result in severe illness or even death if left untreated. The 
anthrax attacks after September 11 showed us another need for 
antibiotics that sadly is a continuing threat in our global community--
bioterrorism. Many of us in the Capitol relied on the effective 
treatment of antibiotics to counteract exposure to the anthrax spores 
and maintain our health during those weeks and months when our Nation 
was grieving the horrible impact of terrorism in our homeland.
  Unfortunately, decades after the discovery of penicillin and other 
antibiotics, diseases of bacterial origin remain a real and increasing 
threat to public health. Overuse of medically important antibiotics in 
humans and animals promotes resistance in bacteria. Infections caused 
by resistant bacteria cannot be treated with traditional antibiotics. 
If left unchecked, the problem of bacterial resistance represents an 
impending public health crisis.
  Recogizing the public health threat, Congress already took steps to 
curb antibiotic overuse in humans by amending the Public Health Service 
Act and the Public Health Threats and Emergencies Act. Unfortunately, 
the issue of antibiotic overuse in animals has not been addressed in 
Federal law.
  We recognize the value of antibiotics in treating disease in humans 
and animals. Unfortunately, it is common practice to put antibiotics, 
which are similar or identical to those used in human medicine, in the 
food or water of healthy animals intended for human consumption to 
promote these animals' growth and compensate for their unsanitary 
conditions. This practice poses an environmental threat and jeopardizes 
the effectiveness of these drugs in treating ill people and animals. 
Our legislation provides for the phased elimination of nontherapeutic 
use of medically important antibiotics in food animals unless such 
usage is deemed safe through rigorous scientific evaluation.
  Foodborne illness affects millions of Americans each year and is 
estimated to cost the economy up to $35 billion annually in medical 
expenses and lost productivity alone. Tragically, the worst foodborne 
illnesses cause thousands of deaths and disproportionally target the 
very young and the elderly each year in the United States. The impact 
of foodborne illness in developing countries is even more severe. By 
itself, the magnitude of this public health hazard necessitates action 
to ensure the safety of our food supply. I hope the improved data 
collection and monitoring of antibiotics used in food animals included 
in our legislation will help provide a more complete picture of the 
contributing factors to these devastating illnesses.
  Our legislation provides for research and demonstration grants to 
colleges and universities to exploit advances in biotechnology and 
animal science to discover new, safer methods of inexpensive, 
responsible agricultural productivity. We appreciate the good 
intentions of the many farmers across our Nation, and our legislation 
establishes transition funds to help these families and businesses 
implement changes that will benefit us all.
  I have received numerous letters from groups and individuals in Maine 
who were concerned that the overuse of antibiotics in animal 
agriculture was not being actively addressed by Congress. I appreciate 
all who took the time to voice their concerns to me. I extend my 
personal thanks to all who have invested so much time and energy in 
educating Members of Congress as well as the public on this critical 
issue.
  I am pleased to join Senator Kennedy in introducing legislation today 
that will address this crucial issue. I applaud the steps that some 
businesses have taken voluntarily to discourage use of antibiotics in 
healthy animals. It is my hope that our legislation as well as the 
voluntary efforts by businesses across the Nation will help to ensure 
that we have drugs available that are effective in treating diseases 
for many years to come.
                                 ______
                                 
      By Mr. McCAIN:

[[Page 19623]]

  S. 1461. A bill to establish two new categories of nonimmigrant 
workers, and for other purposes; to the committee on the Judiciary.
  Mr. McCAIN. Mr. President, in the aftermath of the September 11 
attacks, our Nation awoke to the realization that we are not as safe as 
we once believed. Soon after, we began critical efforts to improve our 
homeland security. Those efforts remain ongoing today. As we work to 
improve the security of our homeland, securing our borders remains one 
of the most difficult and important challenges facing our Nation today. 
The simple fact is, our borders are not secure, and no amount of money, 
equipment, or manpower alone will ensure the safety of our Nation.
  Over the past several years, I have supported many efforts to improve 
border security and address the repercussions of poor enforcement and 
failed immigration policies. It is imperative that we not shirk from 
what are Federal responsibilities. We must address the many unfunded 
mandates born by States and local communities, because control of 
immigration is principally the responsibility of the Federal 
Government. We must continue efforts designed to improve infrastructure 
and technology at and between our ports of entry as well as enhance 
coordination between Federal, State and local law enforcement 
personnel. However, without comprehensive immigration reform, all of 
these efforts will be ineffective and meaningless.
  In order to address these concerns and to balance the need to secure 
our borders while addressing the inconsistencies and contradictions of 
our Nation's immigration policy, I am introducing the Border Security 
and Immigration Improvement Act. This bill is the first comprehensive 
immigration reform package introduced this Congress, and I hope that it 
will serve to initiate an important and necessary dialog so that we may 
address the security needs of our country and reform our failed 
immigration system.
  The Border Security and Immigration Improvement Act establishes two 
new visa programs. One addresses individuals wishing to enter the 
United States to work on a short-term basis while the other will be 
available for the undocumented immigrants currently residing in the 
U.S.
  Fully cognizant of the failures and abuses of previous temporary 
worker programs, I am committed to ensuring that this new program 
prevents abuse and protects the rights of workers. Important 
protections are built into the new visa program. Complete portability 
across all sectors will allow workers the freedom to leave abusive 
employers and seek work elsewhere. This program would allow employers 
to immediately apply for permanent resident status on behalf of the 
employee, but unlike previous programs, this bill would allow workers 
self-petition after 3 years so that no employer could use residency 
status to manipulate and abuse any worker. Additionally, all U.S. labor 
laws are applicable to ensure full worker protection.
  In another departure from previous visa programs, this legislation 
does not put a finite number on the available visas, rather it is 
designed to allow the market to dictate the need for workers. Through 
the establishment of a job registry system, U.S. employers in need of 
workers can post available jobs on this registry. To ensure that U.S. 
workers do not lose out on valuable job opportunities, each job posted 
on the registry must be available to U.S. workers for a minimum of 14 
days before it is open to a foreign worker. Additionally, to ensure 
that we do not incentivize employers to look abroad for labor that is 
less expensive than the domestic workforce, all employers will be 
charged a fee for the worker's visa.
  The second visa program included in this bill addresses the estimated 
6 to 10 million people currently residing in the United States. Today, 
undocumented immigrants live in constant fear, in a shadowy underground 
that affords them limited opportunities and frequently leads to both 
exploitation and abuse. Establishing a process by which this population 
can voluntarily come forward and seek legal status is a necessary 
component to comprehensive immigration reform and ensuring the safety 
of our Nation.
  Under this bill, every undocumented individual currently residing in 
the U.S. will have the opportunity to obtain a visa authorizing them to 
remain in the United States and work for 3 years, after which time they 
may apply for the temporary worker visa program which has a built-in 
path to permanent legal residency.
  Every year, millions of people enter this country legally, in a 
monitored and controlled manner. Although a majority enter legally, an 
increasing number of people risk their lives to cross our borders 
illegally. According to the U.S. Border Patrol apprehension statistics, 
it is estimated that almost 4 million people crossed our borders 
illegally in 2002. The majority of these people are seeking the 
American dream, looking for a good paying job that will enable them to 
provide a better life for themselves and their families. We must 
recognize that as long as there are jobs available and employers in 
need of workers, people will continue to migrate. Our Nation was built 
by immigrants, and like those who came hundreds of years ago, this 
population represents a significant portion of our workforce.
  In recent years, improved security and enhanced infrastructure in 
California and Texas have created a funneling effect through the 
Sonoran desert, which straddles Arizona and the Mexican State of 
Sonora. This is easily the most treacherous portion of the southern 
border, and in recent years, it has become more dangerous. Last fiscal 
year, an estimated 320 people died crossing the southern border into 
this country, 145 of those deaths were in the Arizona desert. Since 
last October, over 200 people have died, 113 along the Arizona border. 
The Arizona Republic found that undocumented immigrants are seven times 
as likely to die crossing the Arizona-Mexico border now than they were 
5 years ago.
  Many people desperate to cross the border pay large sums of money to 
human smugglers who guarantee their entrance into the U.S. Our Nation 
witnessed the extreme danger of human smugglers first hand in May when 
100 people were found packed into a tractor trailer truck at a truck 
stop in Victoria, TX. These people, abandoned by their smugglers, were 
trapped for hours in the extreme desert heat. Nineteen people died as a 
result.
  These are not merely numbers, these figures represent men, women, and 
children. This unnecessary loss of human life deserves our Nation's 
attention and should compel all of us to action. Our current border and 
immigration policies create a contradictory situation whereby we 
attempt to keep people from crossing our borders illegally but reward 
those who survive the dangerous journey with bountiful employment 
opportunities. This system is not sustainable.
  In addition to the human tragedy, this mass migration also represents 
a threat to our national security. Although over 99 percent of the 
people crossing our borders do not intend to harm Americans, we must be 
cognizant of the fact that a small number do. As long as we are unable 
to control and monitor who enters our country and what they bring in, 
Americans will not be safe. We must establish a system by which to 
allow people seeking work to enter the country in a safe manner, 
through controlled ports of entry--freeing up Federal agents to monitor 
the border and focus their efforts on the individuals who do pose a 
potential threat to our national security.
  We can no longer afford to bury our heads in the sand and expect this 
problem to go away. Anyone who has visited the border and seen the 
challenges we face first hand or who hears of the number of unnecessary 
deaths, must recognize that we can no longer ignore this problem. It is 
time we dispense with partisan politics and put human lives and our 
national security above special interest groups. I hold no illusions. 
Reforming our Nation's immigration laws will not be an easy task. This 
will be a long and arduous process, however we must not let the 
difficulty dissuade us from trying, and this legislation represents a 
meaningful first step. I am committed to this

[[Page 19624]]

issue and to working towards a balanced solution to this crisis.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1461

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Border Security and 
     Immigration Improvement Act''.

     SEC. 2. NEW NONIMMIGRANT WORKER VISA CATEGORIES.

       Section 101(a)(15)(H) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)) is amended--
       (1) by striking ``or (iii)'' and inserting ``(iii)''; and
       (2) by striking ``and the alien spouse'' and inserting the 
     following:

     ``or (iv)(a) subject to section 218A, who is coming to the 
     United States to fill a job opportunity for temporary full-
     time employment at a place in the United States; or (b) whose 
     status is adjusted under section 251 and who (except in the 
     case of a spouse or child provided derivative status) is 
     employed in the United States; and, except as provided in 
     sections 218A and 251, the alien spouse''.

     SEC. 3. ADMISSION OF TEMPORARY H-4A WORKERS.

       (a) In General.--Chapter 2 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1181 et seq.) is amended by 
     inserting after section 218 the following:

                 ``admission of temporary h-4a workers

       ``Sec. 218A. (a) Petition.--In the case of a petition under 
     section 214(c) initially to grant an alien nonimmigrant 
     status described in section 101(a)(15)(H)(iv)(a), the 
     Secretary of Homeland Security--
       ``(1) shall impose a fee on the petitioning employer of--
       ``(A) $1000, in the case of an employer employing more than 
     500 employees; or
       ``(B) $500, in the case of any other employer; and
       ``(2) shall approve the petition only after determining 
     that the petitioning employer--
       ``(A) has satisfied the recruitment requirements of 
     subsection (i); and
       ``(B) has attested in such petition that the employer--
       ``(i) with respect to the employment eligibility 
     confirmation system established under subsection (j)--

       ``(I) will use such system to verify the alien's identity 
     and employment authorization after such approval and before 
     the commencement of employment;
       ``(II) will advise the alien of any nonconfirmation with 
     respect to the alien provided by such system; and
       ``(III) will provide the alien an opportunity to correct 
     the information in the system causing such nonconfirmation 
     before revoking the offer of employment in order that the 
     requirement of subclause (I) is satisfied before the 
     commencement of employment;

       ``(ii) will provide the nonimmigrant the same benefits, 
     wages, and working conditions provided to other employees 
     similarly employed in the same occupation at the place of 
     employment;
       ``(iii) will require the nonimmigrant to work hours 
     commensurate with those of such other employees;
       ``(iv) will not ask the nonimmigrant to refrain from 
     accepting work for any competitor of the employer;
       ``(v) did not displace and will not displace a United 
     States worker (as defined in section 212(n)(4)) employed by 
     the employer within the period beginning 90 days before and 
     ending 90 days after the date of filing of the petition; and
       ``(vi) otherwise will comply with all applicable Federal, 
     State, and local labor laws, including laws affecting migrant 
     and seasonal agricultural workers, with respect to the 
     nonimmigrant.
       ``(b) Nonimmigrant Visas.--
       ``(1) No fee.--Neither the Secretary of State, nor the 
     Secretary of Homeland Security, shall authorize the 
     imposition of an application fee on an alien seeking a 
     nonimmigrant visa under section 101(a)(15)(H)(iv)(a) in an 
     amount that exceeds the actual cost of processing and 
     adjudicating such application.
       ``(2) Biometric identifiers.--The Secretary of State and 
     the Secretary of Homeland Security shall issue to aliens 
     obtaining status under section 101(a)(15)(H)(iv)(a) only 
     machine-readable, tamper-resistant visas and other travel and 
     entry documents that use biometric identifiers. The Secretary 
     of State and the Secretary of Homeland Security shall jointly 
     establish document authentication standards and biometric 
     identifier standards to be employed on such visas and other 
     travel and entry documents from among those biometric 
     identifiers recognized by domestic and international 
     standards organizations.
       ``(3) Physical examination.--Prior to the issuance of a 
     nonimmigrant visa to any alien under section 
     101(a)(15)(H)(iv)(a), the consular officer shall require such 
     alien to submit to a medical examination to ascertain whether 
     such alien is ineligible to receive a visa on a health-
     related ground.
       ``(4) Priority for visitor visas for immediate relatives.--
     In the case of an alien who is the spouse, parent, son, or 
     daughter of a nonimmigrant described in section 
     101(a)(15)(H)(iv), if the alien is applying for a 
     nonimmigrant visa under section 101(a)(15)(B)--
       ``(A) the alien's application shall be given priority; and
       ``(B) notwithstanding sections 214(b) and 291, in 
     establishing that the alien has a residence in a foreign 
     country which the alien has no intention of abandoning, the 
     burden of proof required shall not be greater than a 
     preponderance of the evidence.
       ``(5) Visits outside united states.--Pursuant to 
     regulations established by the Secretary of Homeland 
     Security, an alien having status as a nonimmigrant described 
     in section 101(a)(15)(H)(iv)(a) may make brief visits outside 
     the United States and may be readmitted without having to 
     obtain a new visa. Such periods of time spent outside the 
     United States shall not cause the period of authorized 
     admission in the United States to be extended.
       ``(c) Period of Authorized Admission.--
       ``(1) Initial period.--In the case of a nonimmigrant 
     described in section 101(a)(15)(H)(iv)(a), the initial period 
     of authorized admission as such a nonimmigrant shall be 3 
     years.
       ``(2) Renewals.--
       ``(A) In general.--The Secretary of Homeland Security may 
     extend such period not more than once, in a 3-year increment.
       ``(B) Treatment of long-term employees.--In any case in 
     which a nonimmigrant has held a job for 3 years or more, an 
     extension under subparagraph (A) may be granted only upon the 
     filing of a petition by the nonimmigrant's employer 
     establishing that--
       ``(i) not earlier than 2 months prior to such filing, the 
     employer advertised the availability of the nonimmigrant's 
     job exclusively to United States workers for not less than 14 
     days using the electronic job registry described in 
     subsection (i); and
       ``(ii) the employer offered the job to any eligible United 
     States worker who applied by means of such registry and was 
     equally or better qualified for such job and available at the 
     time and place of need.
       (C) No fees.--The Secretary of Homeland Security shall not 
     impose a fee on a petitioning employer in the case of a 
     petition to extend the stay of an alien having nonimmigrant 
     status described in section 101(a)(15)(H)(iv)(a).
       ``(3) Loss of employment.--
       ``(A) In general.--Subject to subsection (e), any period of 
     authorized admission of an alien having nonimmigrant status 
     described in section 101(a)(15)(H)(iv)(a) shall terminate if 
     the nonimmigrant is unemployed for 45 or more consecutive 
     days.
       `'(B) Return to foreign residence.--An alien whose period 
     of authorized admission terminates under subparagraph (A) 
     shall be required to return to the country of the alien's 
     nationality or last residence.
       ``(C) Visa validity.--An alien whose period of authorized 
     admission terminates under subparagraph (A), and who returns 
     to the country of the alien's nationality or last residence 
     under subparagraph (B), may reenter the United States on the 
     basis of the same visa to resume the status existing at the 
     time of the alien's departure if the alien satisfies all the 
     other requirements otherwise applicable to an alien seeking 
     an initial grant of status under section 
     101(a)(15)(H)(iv)(a). The period of authorized admission of 
     an alien entering under this subparagraph shall expire on the 
     date on which it would have expired had the alien not been 
     required to depart the United States.
       ``(d) Return Transportation.--
       ``(1) In general.--In the case of an alien who is provided 
     nonimmigrant status under section 101(a)(15)(H)(iv)(a) and 
     who is dismissed without cause from employment by the 
     employer before the end of the period of authorized 
     admission, the employer shall be liable for the reasonable 
     costs of return transportation of the alien abroad and may 
     not require or permit the alien to reimburse, or otherwise 
     compensate, the employer for part or all of such costs.
       ``(2) Civil money penalty.--If the Secretary of Homeland 
     Security finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of paragraph (1), the Secretary--
       ``(A) shall require the employer to pay each nonimmigrant 
     with respect to whom such a failure occurs the costs owed 
     under paragraph (1); and
       ``(B) may impose a civil money penalty in an amount not to 
     exceed $5,000 for each nonimmigrant with respect to whom such 
     a failure occurs.
       ``(e) Portability.--
       ``(1) In general.--A nonimmigrant alien described in 
     paragraph (2) who was previously issued a visa or otherwise 
     provided nonimmigrant status under section 
     101(a)(15)(H)(iv)(a) is authorized to accept new employment 
     upon the filing by the prospective employer of a new petition 
     on behalf of such nonimmigrant as provided under subsection 
     (a). The Secretary of Homeland

[[Page 19625]]

     Security shall impose a fee for such a petition consistent 
     with the fee imposed under subsection (a)(1). Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, no 
     other such petition is pending, and the alien has ceased 
     employment with the previous employer, such authorization 
     shall cease and the alien shall be required to return to the 
     country of the alien's nationality or last residence in 
     accordance with subsection (c)(3).
       ``(2) Aliens described.--A nonimmigrant alien described in 
     this paragraph is a nonimmigrant alien--
       ``(A) who has been lawfully admitted into the United 
     States;
       ``(B) on whose behalf an employer has filed a nonfrivolous 
     petition for new employment not later than 45 days after the 
     last date on which the employee was lawfully employed in the 
     United States; and
       ``(C) who, subsequent to such lawful admission, has not 
     been employed without authorization in the United States.
       ``(f) Treatment of Spouses and Children.--
       ``(1) Spouses.--A spouse of an alien having nonimmigrant 
     status described in section 101(a)(15)(H)(iv)(a) shall not be 
     eligible for derivative status by accompanying or following 
     to join the alien. Such a spouse may obtain status under 
     section 101(a)(15)(H)(iv)(a) based only on an independent 
     petition filed by an employer petitioning under subsection 
     (a) with respect to the employment of the spouse.
       ``(2) Children.--A child of an alien having nonimmigrant 
     status described in section 101(a)(15)(H)(iv)(a) shall not be 
     eligible for the same nonimmigrant status unless--
       ``(A) the child is accompanying or following to join the 
     alien; and
       ``(B) the alien is the sole custodial parent of the child 
     or both custodial parents of the child have obtained such 
     status.
       ``(3) Special rule for spouses and children of former h-4b 
     nonimmigrants.--In the case of a spouse or child of an alien 
     who was a nonimmigrant described in section 
     101(a)(15)(H)(iv)(b) before obtaining a change in 
     nonimmigrant status to that of a nonimmigrant under section 
     101(a)(15)(H)(iv)(a), the spouse or child shall be eligible 
     for nonimmigrant status under section 101(a)(15)(H)(iv)(a) if 
     the principal alien is the only alien among them authorized 
     to be employed in the United States.
       ``(g) Grounds for Ineligibility.--
       ``(1) Bar to future visas for condition violations.--Any 
     alien having nonimmigrant status described in section 
     101(a)(15)(H)(iv)(a) shall not again be eligible for the same 
     nonimmigrant status if the alien violates any term or 
     condition of such status.
       ``(2) Aliens unlawfully present.--Any alien who enters the 
     United States after August 1, 2003, without being admitted or 
     paroled shall be ineligible for nonimmigrant status described 
     in section 101(a)(15)(H)(iv)(a) during the 3-year period 
     beginning on the date of such alien's departure or removal 
     from the United States,
       ``(h) Adjustment to Lawful Permanent Resident Status.--
       ``(1) In general.--For purposes of adjustment of status 
     under section 245(a), employment-based immigrant visas shall 
     be made available without numerical limitation to an alien 
     having nonimmigrant status described in section 
     101(a)(15)(H)(iv)(a) upon the filing of a petition for such a 
     visa--
       ``(A) by the alien's employer; or
       ``(B) by the alien, but only if the alien has maintained 
     such nonimmigrant status for at least 3 years.
       ``(2) Construction.--The fact that an alien is the 
     beneficiary of a petition described in paragraph (1), or has 
     otherwise sought permanent residence in the United States, 
     shall not constitute evidence of ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(iv)(a).
       ``(3) Special rule for former h-4b nonimmigrants.--In the 
     case of an alien who was a nonimmigrant described in section 
     101(a)(15)(H)(iv)(b) before obtaining a change in 
     nonimmigrant status to that of a nonimmigrant under section 
     101(a)(15)(H)(iv)(a), in determining admissibility for 
     purposes of adjustment of status under section 245(a), the 
     grounds for inadmissibility specified in paragraphs (6)(A), 
     (6)(B), (6)(C), (7)(A), and (9)(B) of section 212(a) shall 
     not apply.
       ``(i) Mandatory Use of Electronic Job Registry.--
       ``(1) Advertisement of job opportunity to u.s. workers.--In 
     order to satisfy the recruitment requirements of this 
     subsection, the employer shall have--
       ``(A) taken good faith steps to recruit United States 
     workers for the job for which the nonimmigrant is sought, 
     including advertising the job opportunity exclusively to 
     United States workers for not less than 14 days on an 
     electronic job registry established by the Secretary of Labor 
     (or a designee of the Secretary, which may be a 
     nongovernmental entity) to carry out this section;
       ``(B) offered the job to any United States worker who 
     applied by means of such registry and was equally or better 
     qualified for the job for which the nonimmigrant was sought; 
     and
       ``(C) advertised and offered the job to individuals other 
     than United States workers solely by means of such registry 
     and after the termination of such 14-day period.
       ``(2) Exception.--The requirements of this subsection shall 
     not apply to any employer who is continuing--
       ``(A) employment of an employee granted a change in 
     nonimmigrant status from that of a nonimmigrant under section 
     101(a)(15)(H)(iv)(b) to that of a nonimmigrant under section 
     101(a)(15)(H)(iv)(a); or
       ``(B) self-employment after being granted such a change in 
     status.
       ``(3) Availability of job registry information.--
       ``(A) Circulation in interstate employment service 
     system.--The Secretary of Labor shall ensure that job 
     opportunities advertised on the electronic job registry 
     established under this subsection are circulated through the 
     interstate employment service system and otherwise furnished 
     to State public employment services throughout the country.
       ``(B) Internet.--Consistent with subsection (c)(2)(B) and 
     this subsection, the Secretary of Labor shall ensure that the 
     electronic job registry established under this subsection may 
     be accessed by all interested workers, employers, and labor 
     organizations by means of the Internet.
       ``(4) Definition.--For purposes of this subsection, the 
     term `United States worker' means an individual who--
       ``(A) is a citizen or national of the United States; or
       ``(B) is an alien who is lawfully admitted for permanent 
     residence, is admitted as a refugee under section 207, is 
     granted asylum under section 208, or is an immigrant 
     otherwise authorized, by this Act or by the Secretary of 
     Homeland Security, to be employed.
       ``(j) Employment Eligibility Confirmation System.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     establish a confirmation system through which the Secretary 
     (or a designee of the Secretary, which may be a 
     nongovernmental entity)--
       ``(A) responds to inquiries made by persons and other 
     entities (including those made by the transmittal of data 
     from machine-readable documents) at any time through a toll-
     free telephone line or other toll-free electronic media 
     concerning an individual's identity and whether the 
     individual is authorized to be employed; and
       ``(B) maintains records of the inquiries that were made, of 
     confirmations provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under the this Act.
       ``(2) Initial response.--The confirmation system shall 
     provide confirmation or a tentative nonconfirmation of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     confirmation or tentative nonconfirmation, the confirmation 
     system shall provide an appropriate code indicating such 
     confirmation or such nonconfirmation.
       ``(3) Secondary verification process in case of tentative 
     nonconfirmation.--In cases of tentative nonconfirmation, the 
     Secretary of Homeland Security shall specify, in consultation 
     with the Commissioner of Social Security, an available 
     secondary verification process to confirm the validity of 
     information provided and to provide a final confirmation or 
     nonconfirmation within 10 working days after the date of the 
     tentative nonconfirmation. When final confirmation or 
     nonconfirmation is provided, the confirmation system shall 
     provide an appropriate code indicating such confirmation or 
     nonconfirmation.
       ``(4) Design and operation of system.--The confirmation 
     system shall be designed and operated--
       ``(A) to maximize its reliability and ease of use 
     consistent with insulating and protecting the privacy and 
     security of the underlying information;
       ``(B) to respond to all inquiries made by employers seeking 
     to employ nonimmigrants described in section 
     101(a)(15)(H)(iv) on whether individuals are authorized to be 
     employed and to register all times when such inquiries are 
     not received;
       ``(C) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       ``(D) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--
       ``(i) the selective or unauthorized use of the system to 
     verify eligibility;
       ``(ii) the use of the system prior to an offer of 
     employment; or
       ``(iii) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants.
       ``(5) Responsibilities of the commissioner of social 
     security.--
       ``(A) In general.--As part of the confirmation system, the 
     Commissioner of Social Security, in consultation with the 
     entity responsible for administration of the system, shall 
     use the information maintained by the Commissioner to assist 
     in confirming (or not

[[Page 19626]]

     confirming) the identity and employment eligibility of an 
     individual in a manner that is determined by the Secretary of 
     Homeland Security to be reliable, secure, not susceptible to 
     identity theft, and to minimize fraud. The Commissioner shall 
     not disclose or release social security information (other 
     than such confirmation or nonconfirmation).
       ``(6) Responsibilities of the secretary.--As part of the 
     confirmation system, the Secretary of Homeland Security, in 
     consultation with the entity responsible for administration 
     of the system, shall establish a reliable, secure method, 
     which, within the time periods specified under paragraphs (2) 
     and (3), compares the name of the alien, the alien 
     identification or authorization number, the date, and the 
     workplace location which are provided in an inquiry against 
     such information maintained by the Secretary in order to 
     confirm (or not confirm) the identity and employment 
     eligibility of an individual in a manner that is determined 
     by the Secretary to be reliable, secure, not susceptible to 
     identity theft, and to minimize fraud.
       ``(7) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes the maximum 
     accuracy and shall provide a process for the prompt 
     correction of erroneous information, including instances in 
     which it is brought to their attention in the secondary 
     verification process described in paragraph (3).
       ``(8) Limitation on use.--Notwithstanding any other 
     provision of law, nothing in this subsection shall be 
     construed to permit or allow any department, bureau, or other 
     agency of the United States Government to utilize any 
     information, data base, or other records assembled under this 
     subsection for any other purpose other than as provided for 
     under this section or section 251.
       ``(k) Enforcement of Employer Obligations.--
       ``(1) In general.--
       ``(A) Secretary of homeland security.--Except as provided 
     in paragraphs (2) and (3), if the Secretary of Homeland 
     Security finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of subsection (a)(2), the 
     Secretary may impose a civil money penalty in an amount not 
     to exceed $10,000 for each nonimmigrant with respect to whom 
     such a failure occurs.
       ``(B) Secretary of labor.--Except as provided in paragraphs 
     (2) and (3), the Secretary of Labor exclusively may exercise 
     any enforcement authority granted in the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 201 et seq.) to address a failure to 
     meet a condition of subsection (a)(2).
       ``(2) Prohibition on fee reimbursement.--An employer who 
     has filed a petition under section 214(c) to grant an alien 
     nonimmigrant status described in section 101(a)(15)(H)(iv)(a) 
     may not require the alien to reimburse, or otherwise 
     compensate, the employer for part or all of the cost of the 
     fee imposed under subsection (a)(1). It is a violation of 
     this paragraph for such an employer otherwise to accept any 
     reimbursement or compensation from such an alien as a 
     condition on employment. If the Secretary of Homeland 
     Security finds, after notice and opportunity for a hearing, a 
     violation of this paragraph, the Secretary may impose a civil 
     money penalty in an amount not to exceed $10,000 for each 
     such violation.
       ``(3) Required use of employment eligibility confirmation 
     system.--If the Secretary of Labor finds, after notice and 
     opportunity for a hearing, a failure to use the employment 
     eligibility confirmation system established under subsection 
     (j) to verify a nonimmigrant's identity and employment 
     authorization before the commencement of employment, or any 
     other violation of subsection (a)(2)(B)(i), the Secretary may 
     impose a civil money penalty in an amount not to exceed 
     $5,000 for each nonimmigrant with respect to whom such a 
     violation occurs.
       ``(4) Wage protections.--For purposes of subsection 
     (a)(2)(B)(ii), all provisions of Federal, State, and local 
     law pertaining to payment of wages shall apply to 
     nonimmigrants described in section 101(a)(15)(H)(iv)(a) in 
     the same manner as they apply to other employees similarly 
     employed in the same occupation at the place of employment.
       ``(l) Labor Recruiters.--The Secretary of Labor shall 
     develop rules regulating the conduct of labor recruiters 
     under this section.''.
       (b) Exemption From Numerical Limitations on Adjustment of 
     Status.--Section 201(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(1)) is amended by adding at the end the 
     following:
       ``(F) Nonimmigrants described in section 
     101(a)(15)(H)(iv)(a) whose status is adjusted to permanent 
     resident under section 245(a).''.
       (c) Conforming Amendment Regarding Presumption of 
     Nonimmigrant Status.--Section 214(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(b)) is amended by striking 
     ``(other than a nonimmigrant described in subparagraph 
     (H)(i), (L), or (V) of section 101(a)(15))'' and inserting 
     ``(other than a nonimmigrant described in subparagraph (L) or 
     (V) of section 101(a)(15), and other than a nonimmigrant 
     described in clause (i) or (vi)(a) of section 
     101(a)(15)(H))''.
       (d) Assistance to Foreign Governments.--The Secretary of 
     Labor and the Secretary of State shall consult with and 
     advise foreign governments in the use and construction of 
     facilities to assist their nationals in obtaining 
     nonimmigrant status under section 101(a)(15)(H)(iv)(a) of the 
     Immigration and Nationality Act, as added by section 2.
       (e) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 218 
     the following:

``Sec. 218A.  Admission of temporary H-4A workers.''.

     SEC. 4. ADJUSTMENT OF STATUS TO THAT OF H-4B NONIMMIGRANT.

       (a) In General.--Chapter 5 of title II of the Immigration 
     and Nationality Act (8 U.S.C. 1255 et seq.) is amended by 
     inserting after section 250 the following:

          ``adjustment of status to that of h-4b nonimmigrants

       ``Sec. 251. (a) In General.--The Secretary of Homeland 
     Security may adjust the status of an alien to that of a 
     nonimmigrant under section 101(a)(15)(H)(iv)(b) if the alien 
     meets the following requirements:
       ``(1) Unlawful residence since 2003.--
       ``(A) In general.--The alien must establish that the alien 
     entered the United States before August 1, 2003, and has 
     resided in the United States in an unlawful status since such 
     date and through the date the application is filed under this 
     subsection.
       ``(B) Nonimmigrants.--In the case of an alien who entered 
     the United States as a nonimmigrant before August 1, 2003, 
     the alien must establish that the alien's period of 
     authorized stay as a nonimmigrant expired before such date 
     through the passage of time or the alien's unlawful status 
     was known to the Federal Government as of such date.
       ``(C) Exchange visitors.--If the alien was at any time a 
     nonimmigrant exchange alien (as defined in section 
     101(a)(15)(J)), the alien must establish that the alien was 
     not subject to the two-year foreign residence requirement of 
     section 212(e) or has fulfilled that requirement or received 
     a waiver thereof.
       ``(2) Admissible as immigrant.--The alien must establish 
     that the alien--
       ``(A) is not inadmissible to the United States under 
     paragraph (2), (3), or (4) of section 212(a);
       ``(B) has not been convicted of any felony or misdemeanor 
     committed in the United States, excluding crimes related to 
     unlawful entry or presence in the United States and crimes 
     related to document fraud undertaken for the purpose of 
     satisfying a requirement of this Act or obtaining a benefit 
     under this Act; and
       ``(C) has not assisted in the persecution of any person or 
     persons on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(3) Employed.--The alien must establish that the alien--
       ``(A) was employed in the United States before August 1, 
     2003, and has worked in the United States since such date and 
     through the date the application is filed under this 
     subsection; or
       ``(B) is the spouse or child of an alien who satisfies the 
     requirement of subparagraph (A).
       ``(b) Application Fee.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     provide for a fee to be charged for the filing of 
     applications for adjustment of status under this section. 
     Such fee shall be sufficient to cover the administrative and 
     other expenses incurred in connection with the review of such 
     applications.
       ``(2) Penalty payment.--
       ``(A) In general.--In addition to the fee imposed under 
     paragraph (1), except as provided in subparagraph (B), the 
     Secretary of Homeland Security may accept an application for 
     adjustment of status under this section only if the alien 
     remits with such application $1,500, but such sum shall not 
     be required from a child under the age of 17.
       ``(B) Wage garnishment.--
       ``(i) In general.--In lieu of paying the sum under 
     subparagraph (A) upon filing the application, an alien may 
     elect to pay such sum by having the Secretary of Homeland 
     Security garnish 10 percent of the disposable pay of the 
     alien, in accordance with section 3720D of title 31, United 
     States Code.
       ``(ii) Interest.--In the case of an outstanding debt 
     created by an election under clause (i), the Secretary of 
     Homeland Security shall charge an annual fixed rate of 
     interest on the debt that is equal to the bond equivalent 
     rate of 5-year Treasury notes auctioned at the final auction 
     held prior to the date on which interest begins to accrue.
       ``(iii) Final payment.--Any outstanding debt created by an 
     election under clause (i), and any interest due under clause 
     (ii), shall be considered delinquent if not paid in full 30 
     days after the end of the alien's period of authorized stay 
     as a nonimmigrant described in section 101(a)(15)(H)(iv)(b).
       ``(3) Use of funds for administering program.--
       ``(A) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `H-4B Nonimmigrant Applicant Account'. Notwithstanding 
     any other section of this title, there shall be deposited as 
     offsetting receipts into the account all fees and penalties 
     collected under this subsection.

[[Page 19627]]

       ``(B) Expenditure.--Amounts deposited into the H-4B 
     Nonimmigrant Petitioner Account shall remain available to the 
     Secretary of Homeland Security until expended to carry out 
     duties related to nonimmigrants described in section 
     101(a)(15)(H)(iv)(b).
       ``(c) Admissions.--Nothing in this section shall be 
     construed as authorizing an alien to apply for admission to, 
     or to be admitted to, the United States in order to apply for 
     adjustment of status under this section.
       ``(d) Stay of Removal.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     provide by regulation for an alien subject to a final order 
     of deportation or removal to seek a stay of such order based 
     on the filing of an application under subsection (a).
       ``(2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act, the 
     Secretary of Homeland Security shall not order any alien to 
     be removed from the United States, if the alien is in 
     exclusion, deportation, or removal proceedings under any 
     provision of such Act and has applied for adjustment of 
     status under subsection (a), except where the Secretary has 
     rendered a final administrative determination to deny the 
     application.
       ``(e) Period of Authorized Stay.--In the case of a 
     nonimmigrant described in section 101(a)(15)(H)(iv)(b), the 
     period of authorized stay as such a nonimmigrant shall be 3 
     years. The Secretary of Homeland Security may not authorize a 
     change from such nonimmigrant classification to any other 
     immigrant or nonimmigrant classification until the 
     termination of such 3-year period. Such period may not be 
     extended except in the discretion of the Secretary and for a 
     reasonable time solely in order to accommodate the processing 
     of an application for a change in nonimmigrant status to that 
     of a nonimmigrant under section 101(a)(15)(H)(iv)(a) pursuant 
     to a petition described in section 218A(a).
       ``(f) Required Use of Employment Eligibility Confirmation 
     System.--
       ``(1) In general.--It is unlawful for a person or other 
     entity to hire for employment in the United States a 
     nonimmigrant described in section 101(a)(15)(H)(iv)(b) 
     without--
       ``(A) using the employment eligibility confirmation system 
     established under section 218A(j) to verify the 
     nonimmigrant's identity and employment authorization before 
     the commencement of employment;
       ``(B) advising the nonimmigrant of any nonconfirmation with 
     respect to the nonimmigrant provided by such system; and
       ``(C) providing the nonimmigrant an opportunity to correct 
     the information in the system causing such nonconfirmation 
     before revoking the offer of employment in order that the 
     requirement of subparagraph (A) is satisfied before the 
     commencement of employment.
       ``(2) Civil money penalty.--If the Secretary of Labor 
     finds, after notice and opportunity for a hearing, a failure 
     to meet a violation of paragraph (1), the Secretary may 
     impose a civil money penalty in an amount not to exceed 
     $5,000 for each nonimmigrant with respect to whom such a 
     violation occurs.
       ``(g) Extension of H-4A Labor Protections to H-4B 
     Nonimmigrants.--A person or other entity employing a 
     nonimmigrant described in section 101(a)(15)(H)(iv)(b) shall 
     comply with the requirements of clauses (ii) through (vi) of 
     section 218A(a)(2) in the same manner as an employer having 
     an approved petition described in section 218A(a). The 
     Secretary of Labor exclusively may exercise any enforcement 
     authority granted in the Fair Labor Standards Act of 1938 (29 
     U.S.C. 201 et seq.) to address a failure to meet a 
     requirement of this subsection.''.
       (b) Clerical Amendment.--The table of contents for the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 250 
     the following:

``Sec. 251.  Adjustment of status to that of H-4B nonimmigrant.''.

     SEC. 5. INCREASED FUNDS FOR UNITED STATES EMPLOYMENT SERVICE.

       There are authorized to be appropriated to the Secretary of 
     Labor such additional sums as may be necessary for fiscal 
     year 2004 and subsequent fiscal years to permit the United 
     States Employment Service to assist State public employment 
     services in meeting any increased demand for services by 
     employers and persons seeking employment engendered by the 
     amendments made by this Act.
                                 ______
                                 
      By Mr. CHAMBLISS (for himself and Mr. Miller):
  S. 1462. A bill to adjust the boundary of the Cumberland Island 
Wilderness, to authorize tours of the Cumberland Island National 
Seashore, and for other purposes; to the Committee on Energy and 
Natural Resources.
  Mr. CHAMBLISS. Mr. President, I rise today to introduce the 
Cumberland Island National Seashore Wilderness Boundary Act. With the 
introduction of this important legislation, we will be able to better 
preserve and manage one of Georgia's unique islands. The purpose of 
this bill is to allow for more efficient management of the Cumberland 
Island National Seashore and to preserve the historical and ecological 
significance of the island.
  As one of Georgia's Golden Isles, Cumberland Island is truly a 
historical and ecological masterpiece encompassing 36,415 acres. The 
island contains a 5000-year history of human habitation that is 
inscribed into the natural landscape of the island. This history can be 
seen by visiting the early Indian burial grounds to the vast 
plantations that were once home to abundant corn, cotton, and rice 
fields, as well as the workers who tended the land. And we cannot 
forget about the rich ecological environment found on Cumberland 
Island. It is one that many sea turtles, marsh microorganisms, and 
abundant shore birds call home amongst the numerous dune fields, salt 
marshes, and maritime forest areas. These historic and natural 
resources are important elements of Cumberland Island's past, present, 
and future.
  As many of you know, I am an avid outdoorsman and conservationist. I 
am a supporter of sound wildlife management and the preservation of our 
Nation's unique and complex history. Another key point that I wish to 
make is that this history has been preserved for all of us to see and 
experience. Under the enactment of Public Law 97-250, 96 Stat. 709, in 
1982, Congress designated approximately 8,840 acres of Cumberland 
Island as wilderness under the national wilderness preservation system 
and authorized an additional 11,718 acres to be designated as potential 
wilderness. Currently, the main road on the island passes through the 
designated wilderness area. Due to the location of the designated 
wilderness area, access to historic settlements such as: Plum Orchard 
Mansion and Dungeness, both former homes of Andrew Carnegie 
descendants; the First African Baptist Church established in 1893 and 
rebuilt in the 1930s; as well as the High Point/Half Moon Bluff 
historic district, is severely restricted. Such restrictions make it 
extremely difficult for visitors to experience this unique collection 
of Georgia's history and diverse ecology. I believe that history and 
nature can best be appreciated when one is given the opportunity to 
experience it firsthand. It is vitally important for the unique history 
and ecology of Cumberland Island to be properly managed and protected 
so that many generations to come will be able to experience this 
beautiful treasure found in the State of Georgia.
  The nature and history of Cumberland Island needs to be preserved and 
managed in such a manner that will allow many generations to experience 
this golden treasure of Georgia. The Cumberland Island National 
Seashore Wilderness Boundary of 2003 will do just that. This bill will 
allow for greater access to key areas of the island by removing the 
Main Road, the Spur Road to Plum Orchard, as well as the North Cut Road 
from the previously designated wilderness area. Further, the bill 
allows for the addition of 210 acres to the wilderness area upon 
acquisition by the National Park Service. I should clarify and stress 
that this bill does not suggest that we open this land to the public 
for further habitation and degradation of the area's natural history 
and ecological habitats. The purpose of this bill is very simple--I 
want to improve the management and preservation of Cumberland Island's 
history and diverse ecosystem so that others in the future will be able 
to experience and learn about the treasures of the Golden Isles and all 
that they represent.
  It is crucial that Cumberland Island's history and unique ecosystem 
is properly managed and protected. We want to ensure that these 
treasures are available to all of our Nation's citizens to experience 
and enjoy. This bill allows Congress to address this issue and to make 
the necessary changes so that Cumberland Island can remain as one of 
Georgia's treasured Golden Isles for many years to come.
                                 ______
                                 
      By Mr. HAGEL (for himself and Mr. Dorgan):
  S. 1464. A bill to amend the Internal Revenue Code of 1986 to provide 
an exclusion for gain from the sale of farmland to encourage the 
continued use of

[[Page 19628]]

the property for farming, and for other purposes; to the Committee on 
Finance.
  Mr. HAGEL. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1464

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Beginning Farmers and 
     Ranchers Tax Incentive Act of 2003''.

     SEC. 2. EXCLUSION OF GAIN FROM SALE OF CERTAIN FARMLAND.

       (a) In General.--Part III of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to items 
     specifically excluded from gross income) is amended by adding 
     after section 121 the following new section:

     ``SEC. 121A. EXCLUSION OF GAIN FROM SALE OF QUALIFIED FARM 
                   PROPERTY.

       ``(a) Exclusion.--In the case of a natural person, gross 
     income shall not include--
       ``(1) 100 percent of the gain from the sale or exchange of 
     qualified farm property to a first-time farmer (as defined in 
     section 147(c)(2)(C) (determined without regard to clause 
     (i)(II) thereof)) who certifies that the use of such property 
     shall be as a farm for farming purposes for not less than 10 
     years after such sale or exchange,
       ``(2) 50 percent of the gain from the sale or exchange of 
     qualified farm property to any other person who certifies 
     that the use of such property shall be as a farm for farming 
     purposes for not less than 10 years after such sale or 
     exchange, and
       ``(3) 25 percent of the gain from the sale or exchange of 
     qualified farm property to any other person for any other 
     use.
       ``(b) Limitation on Amount of Exclusion.--
       ``(1) In general.--The amount of gain excluded from gross 
     income under subsection (a) with respect to any taxable year 
     shall not exceed $500,000 ($250,000 in the case of a married 
     individual filing a separate return), reduced by the 
     aggregate amount of gain excluded under subsection (a) for 
     all preceding taxable years.
       ``(2) Special rule for joint returns.--The amount of the 
     exclusion under subsection (a) on a joint return for any 
     taxable year shall be allocated equally between the spouses 
     for purposes of applying the limitation under paragraph (1) 
     for any succeeding taxable year.
       ``(c) Qualified Farm Property.--
       ``(1) Qualified farm property.--For purposes of this 
     section, the term `qualified farm property' means real 
     property located in the United States if, during periods 
     aggregating 3 years or more of the 5-year period ending on 
     the date of the sale or exchange of such real property--
       ``(A) such real property was used as a farm for farming 
     purposes by the taxpayer or a member of the family of the 
     taxpayer, and
       ``(B) there was material participation by the taxpayer (or 
     such a member) in the operation of the farm.
       ``(2) Definitions.--For purposes of this subsection, the 
     terms `member of the family', `farm', and `farming purposes' 
     have the respective meanings given such terms by paragraphs 
     (2), (4), and (5) of section 2032A(e).
       ``(3) Special rules.--For purposes of this section, rules 
     similar to the rules of paragraphs (4) and (5) of section 
     2032A(b) and paragraphs (3) and (6) of section 2032A(e) shall 
     apply.
       ``(d) Other Rules.--For purposes of this section, rules 
     similar to the rules of subsection (e) and subsection (f) of 
     section 121 shall apply.
       ``(e) Treatment of Disposition or Change in Use of 
     Property.--
       ``(1) In general.--If, as of the close of any taxable year, 
     there is a recapture event with respect to any qualified farm 
     property transferred to the taxpayer in a sale or exchange 
     described in paragraph (1) or (2) of subsection (a), then the 
     tax of the taxpayer under this chapter for such taxable year 
     shall be increased by an amount equal to the product of--
       ``(A) the applicable recapture percentage, and
       ``(B) 10 percent of the taxpayer's adjusted basis in the 
     property on the date such property was transferred to the 
     taxpayer.
       ``(2) Applicable recapture percentage.--
       ``(A) In general.--For purposes of this subsection, the 
     applicable recapture percentage shall be determined from the 
     following table:

  
``If the recapture event occurs The applicable recapture percentage is:
    Years 1 through 5............................................100   
    Year 6........................................................80   
    Year 7........................................................60   
    Year 8........................................................40   
    Year 9........................................................20   
    Years 10 and thereafter........................................0.  
       ``(B) Years.--For purposes of subparagraph (A), year 1 
     shall begin on the date of the sale or exchange described in 
     paragraph (1) or (2) of subsection (a).
       ``(3) Recapture event defined.--For purposes of this 
     subsection, the term `recapture event' means--
       ``(A) Cessation of operation.--The cessation of the 
     operation of any property the sale or exchange of which to 
     the taxpayer is described in paragraph (1) or (2) of 
     subsection (a) as a farm for farming purposes.
       ``(B) Change in ownership.--
       ``(i) In general.--Except as provided in clause (ii), the 
     disposition of a taxpayer's interest in any property the sale 
     or exchange of which to the taxpayer is described in 
     paragraph (1) or (2) of subsection (a).
       ``(ii) Agreement to assume recapture liability.--Clause (i) 
     shall not apply if the person acquiring such interest in the 
     property agrees in writing to assume the recapture liability 
     of the person disposing of such interest in effect 
     immediately before such disposition. In the event of such an 
     assumption, the person acquiring the interest in the property 
     shall be treated as the taxpayer for purposes of assessing 
     any recapture liability (computed as if there had been no 
     change in ownership).
       ``(4) Special rules.--
       ``(A) No credits against tax.--Any increase in tax under 
     this subsection shall not be treated as a tax imposed by this 
     chapter for purposes of determining the amount of any credit 
     under subpart A, B, or D of this part.
       ``(B) No recapture by reason of hardship.--The increase in 
     tax under this subsection shall not apply to any disposition 
     of property or cessation of the operation of any property as 
     a farm for farming purposes by reason of any hardship as 
     determined by the Secretary.''.
       (b) Conforming Amendment.--The table of sections for part 
     III of subchapter B of chapter 1 of the Internal Revenue Code 
     of 1986 is amended by adding after the item relating to 
     section 121 the following new item:

``Sec. 121A. Exclusion of gain from sale of qualified farm property.''.
       (c) Effective Date.--The amendment made by this section 
     shall apply to any sale or exchange on or after the date of 
     the enactment of this Act, in taxable years ending after such 
     date.
                                 ______
                                 
      By Mr. FRIST (for himself and Mr. Alexander):
  S. 1465. A bill to authorize the President to award a gold medal on 
behalf of Congress honoring Wilma G. Rudolph, in recognition of her 
enduring contributions to humanity and women's athletics in the United 
States and the world; to the Committee on Banking, Housing, and Urban 
Affairs.
  Mr. FRIST. Mr. President, today Senator Alexander and I introduce 
legislation to award a Congressional Gold Medal to Clarksville, 
Tennessee native Wilma Rudolph for her contributions to women's 
athletics and racial equality in the United States and the world.
  I take a moment to say a few words about this remarkable woman.
  Wilma was the 20th of 22 children in her packed family. After 
overcoming scarlet fever, double pneumonia and polio, Wilma went onto 
win three Olympic gold medals in track and field. She became an 
international star and a hero to the people of Tennessee. Wilma showed 
the world that hard work and determination could overcome nearly 
anything.
  Wilma was inducted into the National Track and Field Hall of Fame in 
1973 and received the Humanitarian of the Year Award of the Special 
Olympics in 1985. She was the first woman to ever receive the National 
Collegiate Athletic Association's Silver Anniversary Award in 1987. And 
in 1989 earned the Jackie Robinson Image Award of the National 
Association for the Advancement of Colored People. Wilma remains the 
only woman ever to have received the National Sports Award, which she 
was granted in 1993.
  Wilma Rudolph is an inspiration to all Tennesseans and is eminently 
deserving of the Congressional Gold Medal.
  I urge my colleagues to confer this well earned honor.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1465

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. FINDINGS.

       Congress finds that--
       (1) Wilma G. Rudolph of Clarksville, Tennessee, the 20th of 
     22 children, overcame a series of childhood diseases, 
     including scarlet fever, double pneumonia, and polio, to 
     become an athletic pioneer and champion in

[[Page 19629]]

     the State of Tennessee, the United States, and the world, 
     first as an outstanding basketball player and track athlete 
     in Tennessee, then as a 3-time gold medal winner in the 1960 
     Olympics in Rome, and finally as a pioneer for racial 
     equality, goodwill, and justice;
       (2) Wilma G. Rudolph's winning of 3 gold medals in the 1960 
     Olympics served as an inspiration to athletes of all sports, 
     all races, and both genders;
       (3) Wilma G. Rudolph's ability to inspire endured after her 
     performance in the 1960 Olympics, as demonstrated by--
       (A) her receipt in 1987 of the National Collegiate Athletic 
     Association's Silver Anniversary Award, the first time a 
     woman ever received the award;
       (B) her receipt of the 1989 Jackie Robinson Image Award of 
     the National Association for the Advancement of Colored 
     People (NAACP);
       (C) her induction into the National Track and Field Hall of 
     Fame in 1973;
       (D) her receipt of the 1985 Humanitarian of the Year Award 
     of the Special Olympics; and
       (E) her receipt in 1993 of the National Sports Award, the 
     only time a woman has received the award;
       (4) Wilma G. Rudolph, a graduate of Tennessee State 
     University, a successful businessperson, a mother, an 
     athlete, a coach, and a teacher, who passed away on November 
     12, 1994, will forever remain an inspiration to all able-
     bodied and physically-challenged individuals in overcoming 
     odds;
       (5) Wilma G. Rudolph blazed a trail that helped all people 
     understand the contributions of women to the world of 
     athletics;
       (6) the legacy of Wilma G. Rudolph continues to serve as a 
     particular inspiration to women; and
       (7) Wilma G. Rudolph's life truly embodied the American 
     values of hard work, determination, and love of humanity.

     SEC. 2. CONGRESSIONAL GOLD MEDAL.

       (a) Presentation Authorized.--The President is authorized 
     to award to the family of Wilma G. Rudolph, on behalf of 
     Congress, a gold medal of appropriate design honoring Wilma 
     G. Rudolph (posthumously) in recognition of her outstanding 
     and enduring contributions to humanity and to women's 
     athletics, in the United States and the world.
       (b) Design and Striking.--For the purpose of the award 
     referred to in subsection (a), the Secretary of the Treasury 
     (in this Act referred to as the ``Secretary'') shall strike a 
     gold medal with suitable emblems, devices, and inscriptions, 
     to be determined by the Secretary.

     SEC. 3. DUPLICATE MEDALS.

       The Secretary may strike and sell duplicates in bronze of 
     the gold medal struck pursuant to section 2 under such 
     regulations as the Secretary may prescribe, and at a price 
     sufficient to cover the costs thereof, including labor, 
     materials, dies, use of machinery, overhead expenses, and the 
     cost of the gold medal.

     SEC. 4. STATUS AS NATIONAL MEDALS.

       The medals struck pursuant to this Act are national medals 
     for purposes of chapter 51 of title 31, United States Code.

     SEC. 5. FUNDING.

       (a) Authority To Use Fund Amounts.--There is authorized to 
     be charged against the United States Mint Public Enterprise 
     Fund an amount not to exceed $30,000 to pay for the cost of 
     the medals authorized by this Act.
       (b) Proceeds of Sale.--Amounts received from the sale of 
     duplicate bronze medals under section 3 shall be deposited in 
     the United States Mint Public Enterprise Fund.
                                 ______
                                 
      By Ms. MURKOWSKI:
  S. 1466. A bill to facilitate the transfer of land in the State of 
Alaska, and for other purposes; to the Committee on Energy and Natural 
Resources.
  Ms. MURKOWSKI. Mr. President, the Alaska Land Transfer Acceleration 
Act of 2003 will transfer millions of acres of land to Alaska Natives, 
the State of Alaska and to Native Corporations by 2009. The Federal 
agencies in Alaska have management jurisdiction of over 63 percent of 
the State. It is time to transfer these public lands from Federal 
Government control to private ownership. This legislation creates a 
strategic plan for the Bureau of Land Management to finally resolve 
long-standing land survey, land entitlement issues and land claims 
issues, some of which date back to 1906. Since 1906 Congress has 
enacted other legislation that requires the BLM to transfer public 
lands to Alaska Natives, the State of Alaska and to Alaska Native 
Corporations.
  The land conveyance program is the largest and most complex of any in 
United States history. For many years, BLM's primary goal was to convey 
title to unsurveyed lands to the State and Native Corporations by 
tentative approval and interim conveyance, respectively. This 
management practice allowed the State and Native Corporations to manage 
their lands, subject only to the survey of the final boundary.
  This legislation will accelerate release of lands for conveyance to 
Native coporations and the State of Alaska. It will complete land 
patterns to allow land owners to more efficiently manage their land. It 
will clarify that certain minerals can be transferred to Native 
landowners. And frankly, split estates can be minimized. The University 
will be given the opportunity to select the remaining Federal interests 
in lands the University already owns, that will likely produce economic 
opportunities not presently available under this land lock.
  The complexity of land patterns and uses in Alaska is evident in the 
presence of federal mining claims that are within lands owned or 
selected by the State of Alaska. Our legislation would clarify miners' 
right to convert from Federal to State claims without jeopardizing 
ongoing mining operations. At the same time, BLM would be allowed to 
expedite conveyances to the State. Properly maintained Federal claims 
will continue to be excluded from conveyance. Entitlements to the State 
will remain secure. The miner will decide when or whether to convert 
his claims to State claims.
  For too many years, individuals, Native corporations and the State 
have been patiently waiting to receive title to their land. In 1958 the 
State of Alaska was promised 104 million acres of land, and has to date 
received final title to only 42 million acres; less than half of what 
is due. Of the 44 million acres of land that the Native Corporations 
are entitled to, only about a third has been conveyed or about 15 
million acres. Worse, yet, are the 2,500 parcels pending title to 
Native individuals out of 16,000 parcels. Almost 14,000 parcels are 
still awaiting basic adjudication to even make a determination of land 
transfer. Too much land is hanging in the balance that must be surveyed 
and patented to rightful owners. Between now and the sunset of this 
bill in 2009, more than 89 million acres must be surveyed on State and 
Native Corporation lands. The lands that are awaiting survey do not 
include lands that will eventually be titled to Native individuals; 
these lands too must first be surveyed.
  While some Native allotments have been conveyed, issues have arisen 
to challenge final conveyance to the land. Such challenges have 
included whether actual use of land occurred; the location of the 
parcel; or even who should receive title to the land. Sadly, some of 
the original Native allotment applicants have died waiting to receive 
title or have disputes resolved. Oftentimes, the death of an applicant 
can present the agency with chain of title questions to determine who 
the rightful heir is, causing further delays to getting the lands 
transferred.
  Some disputes have been easier to handle than others, resulting in 
settlement through an administrative appeals process. The Federal 
agencies have been hampered by many administrative and legal obstacles. 
There have been court decisions and lawsuit settlements, new 
legislation creating new rights of changing rules midstream. Old cases 
have been reopened that have created new land patterns for adjudication 
and survey. The administrative appeals process was designed to be 
efficient, and immediately accessible to individuals who believe they 
have been adversely impacted by actions taken by the BLM. In too many 
instances this process has resulted in long delays that hinder the BLM 
from finalizing its work. In the meantime, the applicant suffers at the 
hands of a process that generally takes years just for a case to be 
reviewed for resolution.
  This legislation will provide the BLM with broader authority for 
solving many of the problems associated with land claims affecting all 
disputes that occur in Alaska. When disputes arise over the 
adjudication of land claims, BLM needs to have full authority to work 
in a more collaborative environment with its clientele.
  This legislation will provide the BLM the opportunity to caucus with 
its clients. It will allow for a process of negotiation to gain 
consensus on final resolution of land applications. What has been 
missing all these years is the

[[Page 19630]]

flexibility for the Federal agencies to work in such a cooperative 
fashion. This new process is intended to be free of complicated rules 
that have plagued the agency to finding solutions. Resolution and 
closure must come quicker.
  Mr. President, I give great credit to the management and the 
employees of the BLM Alaska for their efforts over the years to 
transfer the land. They have proven to be dedicated and committed 
public servants. I believe they have tried to do the right thing; they 
just need the tools and the resources. They want to close the books on 
the Alaska conveyance program once and for all, and this bill will help 
them achieve that goal by 2009.
  In 1973 the Alaska Native Claims Appeal Board was established. The 
Board had jurisdiction over decisions made under the Alaska Native 
Claims Settlement Act. The Board consisted of four judges, and was able 
to decide a case within 3 to 6 months of the close of briefing. It 
usually had a small backlog. While the Board was able to act in a 
fairly responsive manner, there was criticism the Board did not 
correctly apply general Federal land law precedent and that some of 
their rulings were inconsistent with policy of the Department of the 
Interior. The Board was dissolved in 1981. The backlog of cases was not 
necessarily attributed to Native Corporation cases; most of the backlog 
related to all other matters. This legislation will create a hearings 
and appeals process located in Alaska. Presently, there are almost 100 
appeals of Alaska decisions pending before the Interior Board of Land 
Appeals. It usually takes this Board several years to rule on a case, 
sometimes as long as 3 to 5 years. The present process is broken. There 
should never be a process that controls the fate of someone's 
livelihood. Matters requiring resolution must not sit and languish for 
years without resolution. This practice is unacceptable and 
unreasonable.
  Additionally, more than 20 cases are pending before Administrative 
Law judges at various Office of Hearings Appeals offices--Virginia, 
Minnesota and Utah. The cases currently in their hands are Native 
allotments and mining claims. Substantial delays have resulted from the 
slow pace of scheduling hearings in Alaska. Establishing an Alaska 
hearings unit to handle all Alaska appeals would significantly speed up 
the current process. Such a new process would be able to routinely 
issue decisions within 3 to 6 months of the close of briefing.
  Challenges likely to emerge on land actions requiring judicial review 
will be handled by judges located in Alaska. Moreover, having judges 
located in Alaska, conducting Alaska business, would ensure an 
understanding of the special laws that are applicable to Alaska. In 
addition, this process would include all land transfer matters, not 
just claims under the Alaska Native Claims Settlement Act.
  To achieve the acceleration of land conveyances, we must be able to 
count on a consistent level of funding. We do not want any aspect of 
the acceleration plan to be hampered. As I pointed out earlier, almost 
90 million acres must be surveyed between now and 2009. The BLM is the 
single agency of the Federal Government that is charged with the 
authority and responsibility for surveys and land title record keeping. 
Official survey plats are the Government's record of the boundaries of 
an area and the description of such surveyed land is known as the legal 
land description. Land title or patents are based on such plats of 
survey. And, until the land is surveyed, the Alaska Natives, the State 
of Alaska and the Native Corporations will still be waiting way off 
into the future for this work to be finalized.
  The Alaska Land Transfer Acceleration Act of 2003 imposes very strict 
provisions on the agency to complete land conveyances by 2009 to Alaska 
Natives, the State of Alaska and to the Native Corporations. Some might 
view this plan as ambitious. I view it as being long overdue.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1466

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Alaska 
     Land Transfer Acceleration Act of 2003''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

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

               TITLE I--STATE SELECTIONS AND CONVEYANCES

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

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

Sec. 201. Land available after selection period.
Sec. 202. Combined entitlements.
Sec. 203. Conveyance of last whole section of land.
Sec. 204. Discretionary authority to convey subsurface estate in pre-
              ANCSA refuges.
Sec. 205. Conveyance of cemetery sites and historical places.
Sec. 206. Approved allotments.
Sec. 207. Allocations based on population.
Sec. 208. Authority to withdraw land.
Sec. 209. Bureau of Land Management land.
Sec. 210. Automatic segregation of land for underselected Village 
              Corporations.
Sec. 211. Procedures relating to dissolved or lapsed Native 
              Corporations.
Sec. 212. Settlement of remaining entitlement.
Sec. 213. Conveyance to Kaktovik Inupiat Corporation and Arctic Slope 
              Regional Corporation.

                      TITLE III--NATIVE ALLOTMENTS

Sec. 301. Title affirmation of Native allotment location and 
              description.
Sec. 302. Title recovery of Native allotments
Sec. 303. Native allotment relocation on land selected by or conveyed 
              to a native corporation.
Sec. 304. Compensatory acreage.
Sec. 305. Native allotment deadlines.
Sec. 306. Elimination of shore space measurement.
Sec. 307. Amendments to section 41 of the Alaska Native Claims 
              Settlement Act.

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

Sec. 401. Deadline for establishment of regional plans.
Sec. 402. Deadlines for establishment of village plans.
Sec. 403. Final prioritization of ANCSA selections
Sec. 404. Final prioritization of State selections.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

Sec. 501. Alaska land claims hearings and appeals.

                      TITLE VI--REPORT TO CONGRESS

Sec. 601. Report.

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

Sec. 701. Authorization of appropriations.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) State.--The term ``State'' means the State of Alaska.

               TITLE I--STATE SELECTIONS AND CONVEYANCES

     SEC. 101. COMMUNITY GRANT SELECTIONS AND CONVEYANCES.

       (a) In General.--Section 6 of Public Law 85-508 (commonly 
     known as the ``Alaska Statehood Act'') (72 Stat. 340) is 
     amended by adding at the end the following:
       ``(n) Waiver of Minimum Tract Selection Size.--With respect 
     to a selection made by the State of Alaska under subsection 
     (a), the Secretary of the Interior may waive the minimum 
     tract selection size if the Secretary determines that--
       ``(1) an existing selection does not meet the original 
     minimum statutory acreage; and
       ``(2) the only alternative to waiver is to reject the 
     application.
       ``(o) Requirements Applicable to Units of the National 
     Forest System.--A selection of land in a unit of the National 
     Forest System under subsection (a) shall not be valid unless 
     the Secretary of Agriculture has approved the selection 
     before the date of enactment of this subsection.
       ``(p) No Relinquishment.--If there is a selection under 
     subsection (a) with respect to a

[[Page 19631]]

     tract of land that is equal to or greater than 160 acres, the 
     State of Alaska may not relinquish such portion of the tract 
     as is necessary for the tract to be less than 160 acres.
       ``(q) Ratification of Patents and Tentative Approvals.--Any 
     patent or tentative approval for a selection under subsection 
     (a) of less than 160 acres that is issued before the date of 
     enactment of this subsection is ratified and confirmed.''.
       (b) Community Grant Selections.--Section 6 of Public Law 
     85-508 (commonly known as the ``Alaska Statehood Act'') (72 
     Stat. 340) (as amended by subsection (a)) is amended by 
     adding at the end the following:
       ``(r) Conversion to Community Grant Selection.--
       ``(1) In general.--The State of Alaska may elect to convert 
     a selection filed under subsection (b) to a selection under 
     subsection (a) by notifying the Secretary of the Interior in 
     writing.
       ``(2) No partial conversion.--If the State of Alaska makes 
     an election under paragraph (1), the entire selection shall 
     be converted to a selection under subsection (a).
       ``(3) Limitation on acreage.--The Secretary shall not 
     convey a total of more than 400,000 acres of--
       ``(A) land that is selected before the date of enactment of 
     this subsection under subsection (a); or
       ``(B) land that is converted to a subsection (a) selection 
     under paragraph (1).
       ``(4) Effect on survey obligations.--Conversion of a 
     selection under paragraph (1) shall not affect the survey 
     obligation of the United States with respect to the land 
     converted.
       ``(s) Use of Selected Land for Community and Recreational 
     Purposes.--All selection applications of the State of Alaska 
     that are on file with the Secretary of the Interior under 
     subsection (a) on the date of enactment of this subsection 
     are approved as suitable for community or recreational 
     purposes.''.

     SEC. 102. PRIORITIZATION OF LAND TO BE CONVEYED.

       Section 906(h)(2) of the Alaska National Interest Lands 
     Conservation Act (43 U.S.C. 1635(h)(2)) is amended--
       (1) by striking ``(2) As soon as practicable'' and 
     inserting the following:
       ``(2) Tentative approval.--
       ``(A) Issuance.--As soon as practicable'';
       (2) by striking ``The sequence of'' and inserting the 
     following:
       ``(B) Priority.--
       ``(i) In general.--The sequence of''; and
       (3) by adding at the end the following:
       ``(ii) Requirements.--In establishing the priorities for 
     tentative approval under clause (i), the State shall--

       ``(I) in the case of a selection under section 6(a) of 
     Public Law 85-508 (commonly known as the ``Alaska Statehood 
     Act'') (72 Stat. 340), include all land selected; or
       ``(II) in the case of a selection under section 6(b) of 
     that Act--

       ``(aa) include at least 5,760 acres; or
       ``(bb) if a waiver has been granted under section 6(g) of 
     that Act or less than 5,760 acres of the entitlement remains, 
     prioritize the selection in such increments as are available 
     for conveyance.''.

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

       (a) In General.--All reversionary interests held by the 
     United States in land owned by the State or any political 
     subdivision of the State, and any Federal land leased by the 
     State under the Act of August 23, 1950 (25 U.S.C. 293a), or 
     the Act of June 4, 1953 (67 Stat. 41, chapter 47), that is 
     prioritized for conveyance by the State under section 
     906(h)(2) of the Alaska National Interest Lands Conservation 
     Act (43 U.S.C. 1635(h)(2))--
       (1) is deemed to be selected; and
       (2) may, with the concurrence of the Secretary or the 
     Secretary of Agriculture, as appropriate, be selected under 
     section 6 of Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 340).
       (b) Effect on Entitlement.--If, before the date of 
     enactment of this Act, the entitlement of the State has not 
     been charged with respect to a parcel for which a 
     reversionary interest is conveyed under subsection (a), the 
     total acreage of the parcel shall be charged against the 
     remaining entitlement of the State.
       (c) Minimum Acreage Requirement Not Applicable.--The 
     minimum acreage requirement under subsections (a) and (b) of 
     section 6 of Public Law 85-508 (commonly known as the 
     ``Alaska Statehood Act'') (72 Stat. 340) shall not apply to 
     the selection of reversionary interests under subsection (a).
       (d) State Waiver.--On conveyance of any reversionary 
     interest to the State selected under subsection (a), the 
     State shall be deemed to have waived all right to any future 
     credit should the reversion not occur.
       (e) Limitation.--This section shall not apply to--
       (1) reversionary interests in land acquired by the United 
     States through the use of amounts from the Exxon Valdez Oil 
     Spill Trust Fund; or
       (2) reversionary interests in any land conveyed to the 
     State as a result of the ``Terms and Conditions for Land 
     Consolidation and Management in Cook Inlet Area'' as ratified 
     by section 12 of Public Law 94-204 (43 U.S.C. 1611 note).

     SEC. 104. EFFECT OF POWERSITE RESERVES, POWERSITE 
                   CLASSIFICATIONS, POWER PROJECTS, AND HOT SPRING 
                   WITHDRAWALS.

       (a) In General.--If the State has filed a future selection 
     application under section 906(e) of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1635(e)) for land 
     withdrawn, reserved, or classified for power site or power 
     project purposes, or for land containing hot or medicinal 
     springs withdrawn by Executive Order No. 5389 of July 7, 
     1930, as amended by Public Land Order No. 399 of August 20, 
     1947, notwithstanding the withdrawal, reservation, or 
     classification, the land shall be deemed to be vacant, 
     unappropriated, and unreserved within the meaning of Public 
     Law 85-508 (commonly known as the ``Alaska Statehood Act'') 
     (72 Stat. 339).
       (b) Limitation.--Subsection (a) does not apply to any land 
     that is reserved for an additional Federal purpose other than 
     those listed in--
       (1) subsection (a); or
       (2) section 17(d)(1) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1616(d)(1)).
       (c) Requirement Applicable to National Forest System 
     Land.--Any land described in subsection (a) that is in a unit 
     of the National Forest System shall not be deemed to be 
     vacant, unappropriated, or unreserved unless the Secretary of 
     Agriculture approved the State selection before January 3, 
     1994.
       (d) Requirements Applicable to Hydroelectric Projects.--Any 
     conveyance of land described in subsection (a) that is 
     included in a hydroelectric application or licensed project 
     shall be subject to--
       (1) the rights of third parties; and
       (2) the right of reentry under section 24 of the Federal 
     Power Act (16 U.S.C. 818).
       (e) Disclaimer of Interest.--If the Federal Energy 
     Regulatory Commission has determined that a reservation made 
     under section 24 of the Federal Power Act (16 U.S.C. 818) is 
     not necessary, the patentee may apply to the Secretary for a 
     disclaimer of interest instead of petitioning Congress for 
     private relief legislation.

     SEC. 105. ENTITLEMENT FOR THE UNIVERSITY OF ALASKA.

       (a) In General.--As of January 1, 2003, the remaining 
     entitlement of the University of Alaska under the Act of 
     January 21, 1929 (45 Stat. 1091, chapter 92), is equal to 456 
     acres.
       (b) Additional Entitlement.--The entitlement under 
     subsection (a) shall be increased to reflect the reconveyance 
     of any land by the University of Alaska to the United States 
     to accommodate conveyance of a Native allotment.
       (c) Reversionary Interests.--The Act of January 21, 1929 
     (45 Stat. 1091, chapter 92), is amended by adding at the end 
     the following:

     ``SEC. 8. SELECTION BY STATE.

       ``(a) Reversionary Interests.--
       ``(1) In general.--The State of Alaska, on behalf of the 
     University of Alaska, may select any mineral interest 
     (including an interest in oil or gas) or reversionary 
     interest held by the United States in land located in the 
     State of Alaska that--
       ``(A) is owned by the University of Alaska; or
       ``(B) was previously conveyed to a nongovernmental third 
     party.
       ``(2) Written consent required.--If an interest in land 
     selected under paragraph (1) is otherwise available under 
     this Act, to be valid a selection under that paragraph shall 
     be approved in writing by the owner or owners of the 
     remaining interests.
       ``(3) Effect on entitlement.--The total acreage of any 
     parcel of land for which only the reserved or retained 
     mineral interest or reversionary interest is conveyed shall 
     be charged against the remaining entitlement of the 
     University of Alaska.
       ``(4) Waiver.--In taking title to a reversionary interest, 
     the University of Alaska waives all right to any future 
     credit if the reversion does not occur.
       ``(b) Selection of Isolated Tracts.--The State, on behalf 
     of the University of Alaska, may select any tract of land, 
     regardless of size, that--
       ``(1) is vacant, unappropriated, and unreserved, other than 
     land withdrawn under section 17(d)(1) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1616(d)(1)); and
       ``(2) is an isolated tract of public land.
       ``(c) Selection of tracts of more than 40 acres.--The 
     State, on behalf of the University of Alaska, may, with the 
     concurrence of the Secretary, select any tract of land that--
       ``(1) is vacant, unappropriated, and unreserved, other than 
     land withdrawn under 17(d)(1) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1616(d)(1)); and
       ``(2) is not less than 40 acres.

     ``SEC. 9. LIMITATION ON ACREAGE SELECTED.

       ``The total acreage selected under this Act shall be not 
     more than--
       ``(1) 125 percent of the entitlement of the University of 
     Alaska remaining on the date of enactment of this section; 
     plus
       ``(2) the number of acres that are in conflict with land of 
     the University of Alaska, as identified in Native allotment 
     applications on record with the Bureau of Land Management.

[[Page 19632]]



     ``SEC. 10. SELECTION OF LAND SUBJECT TO A PENDING 
                   APPLICATION.

       ``The University of Alaska may not select land under this 
     Act that is subject to a pending selection by the State of 
     Alaska or a Native Corporation or to which the State of 
     Alaska or the Native Corporation is entitled to make a claim 
     unless the University has received written consent for the 
     selection from the State of Alaska or the Native 
     Corporation.''.

     SEC. 106. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into binding, 
     written agreements with the State with respect to--
       (1) the exact number and location of acres of land 
     remaining to be conveyed to the State under each entitlement 
     established or confirmed by--
       (A) Public Law 85-508 (commonly known as the ``Alaska 
     Statehood Act'') (72 Stat. 340); and
       (B) the Act of January 21, 1929 (45 Stat. 1091, chapter 
     92);
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed;
       (4) the survey of the exterior boundaries of the land to be 
     conveyed; and
       (5) any other matters that would assist in carrying out the 
     conveyances to the State.
       (b) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall consult with the head of 
     the agency administering the land to be conveyed.
       (c) Errors.--The State, by entering into an agreement under 
     subsection (a), shall receive any gain or bear any loss 
     resulting from errors in prior surveys, protraction diagrams, 
     or the computation of the ownership of third parties on any 
     land conveyed.

     SEC. 107. EFFECT OF FEDERAL MINING CLAIMS.

       (a) In general.--Land encumbered by a Federal mining claim 
     shall be deemed to be vacant, unappropriated, and unreserved 
     within the meaning of Public Law 85-508 (commonly known as 
     the ``Alaska Statehood Act'') (72 Stat. 339) and may be 
     conveyed to the State under subsection (b) if, with respect 
     to the land--
       (1) the State has filed--
       (A) a selection application under Public Law 85-508 
     (commonly known as the ``Alaska Statehood Act'') (72 Stat. 
     339); or
       (B) a future selection application under section 906(e) of 
     the Alaska National Interest Lands Conservation Act (43 
     U.S.C. 1635(e)); and
       (2) the owner of the Federal mining claim has filed with 
     the Secretary a voluntary relinquishment of the Federal 
     mining claim conditioned on conveyance of the land to the 
     State by tentative approval or patent.
       (b) Conveyance.--
       (1) In general.--The Secretary may, subject to the 
     conditions described in paragraph (2), convey to the State 
     without charge against entitlement land encumbered by a 
     Federal mining claim if--
       (A)(i) a mining claimant files a conditional relinquishment 
     described in subsection (a); or
       (ii) a mining claim recordation is--
       (I) deemed abandoned and void; or
       (II) otherwise closed by final decision of the Secretary; 
     and
       (B) the State owns land surrounding or effectively 
     surrounding the land encumbered by the Federal mining claim.
       (2) Conditions.--A conveyance under paragraph (1)--
       (A) shall not include more than 1,280 acres of land;
       (B) shall not require reclamation of the land; and
       (C) shall be effective only if, at least 30 days before the 
     date on which the land is to be conveyed, the Secretary 
     submits to the State written notice of the pending 
     conveyance.
       (3) No relinquishment.--If the land encumbered by the 
     Federal mining claim is not conveyed to the State under 
     paragraph (1), the relinquishment of land under subsection 
     (a)(2) shall be of no effect.
       (4) Obligations under federal law.--Until the date on which 
     the land is conveyed under paragraph (1), the owner of the 
     Federal mining claim shall be subject to any obligations 
     relating to the land under Federal law.
       (c) Surveys.--
       (1) Land encumbered by federal mining claims.--Land 
     encumbered by Federal mining claims shall not be surveyed for 
     the purpose of conveying to the State the land surrounding 
     the encumbered land.
       (2) Exterior boundary.--A patent to the State for land 
     surrounding land encumbered by a Federal mining claim shall 
     be made based on an exterior boundary survey of the total 
     conveyance.
       (3) Exclusion for federal mining claims.--In a conveyance 
     of land encumbered by a Federal mining claim, the Federal 
     mining claim--
       (A) shall not be included in the patent document; and
       (B) shall not be charged against the entitlement of the 
     State.

     SEC. 108. LAND MISTAKENLY RELINQUISHED OR OMITTED.

       (a) In General.--Subject to valid existing rights and the 
     concurrence of the Secretary with jurisdiction over the land, 
     the State may, with respect to any land that is mistakenly 
     relinquished or omitted from a selection under section 6 of 
     Public Law 85-508 (commonly known as the ``Alaska Statehood 
     Act'') or top-filing under section 906(e) of the Alaska 
     National Interest Lands Conservation Act (16 U.S.C. 1635(e)), 
     select or top-file the relinquished or omitted land.
       (b) State.--The Secretary with jurisdiction over the land 
     may convey to the State the relinquished or omitted land if--
       (1) the State demonstrates, to the satisfaction of the 
     Secretary with jurisdiction over the land, that the land was 
     mistakenly relinquished or omitted from the selection or top-
     filing; and
       (2) there is sufficient acreage in the remaining 
     entitlement to make the conveyance.

             TITLE II--ALASKA NATIVE CLAIMS SETTLEMENT ACT

     SEC. 201. LAND AVAILABLE AFTER SELECTION PERIOD.

       Section 12(a) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1611) is amended by adding at the end the 
     following:
       ``(3) Land available after selection period.--
       ``(A) Definition of core township.--In this paragraph, the 
     term ``core township'' means the township or townships in 
     which all or any part of a Native Village is located.
       ``(B) Core township land.--The Secretary may make available 
     for selection land in a core township that was unavailable 
     before December 18, 1974, if--
       ``(i) there is sufficient remaining entitlement; and
       ``(ii) the processing and conveyance of the selection can 
     be completed by 2009.
       ``(C) Land outside core township.--
       ``(i) In general.--Subject to subclause (ii), the Secretary 
     may make available for selection land that--

       ``(I) is in a township in which a Village Corporation that 
     was unavailable for selection by a Village Corporation before 
     December 18, 1974; and
       ``(II)(aa) was withdrawn for selection; or
       ``(bb) is completely surrounded by land withdrawn for 
     selection.

       ``(ii) Conditions.--The Secretary may make the land 
     described in clause (i) available for selection if--

       ``(I) there is sufficient remaining entitlement;
       ``(II) the land is contiguous to land that is owned by or 
     that will be conveyed to the Village Corporation; and
       ``(III) the processing and conveyance of the selection can 
     be completed by 2009.

       ``(iii) Limitation.--

       ``(I) In general.--If the land described in clause (i) is 
     selected, or top filed under section 906(e) of the Alaska 
     National Interest Lands Conservation Act (43 U.S.C. 1635(e)) 
     by the State, not later than 90 days after the date on which 
     the Secretary notifies the State that the land has become 
     available for selection, the State may add the parcel to the 
     current conveyance priority list of the State on file with 
     the Bureau of Land Management.
       ``(II) Failure to add parcel to priority list.--Except as 
     provided in subclause (III), if the State does not add the 
     parcel to the current conveyance priority list in accordance 
     with subclause (I)--

       ``(aa) the land shall be deemed selected by the appropriate 
     Village Corporation; and
       ``(bb) the application of the State shall be rejected.

       ``(III) Election.--Subclause (II) shall not apply if, not 
     later than 90 days after notification by the Secretary that 
     the land has become available for selection--

       ``(aa) the Village Corporation elects not to take the land 
     that has become available by filing a written election that--
       ``(AA) declines the selection; and
       ``(BB) relinquishes any pending selection of the land; and
       ``(bb) the State has not exercised the option of the State 
     to take title to the land.
       ``(D) Conditions.--
       ``(i) In general.--A conveyance of land under subparagraph 
     (B) or (C) shall be made--

       ``(I) subject to--

       ``(aa) valid existing rights; and
       ``(bb) existing third party interests;

       ``(II) in accordance with the requirements applicable to 
     conveyances under this Act; and
       ``(III) subject to the reservation of an easement for 
     public access in accordance with section 17(b) that aligns 
     with the easements reserved on land adjoining the conveyed 
     land.

       ``(ii) Waiver of acreage limitation.--For purposes of 
     conveying land under subparagraphs (B) and (C), the Secretary 
     may waive the 69,120 acreage limit under paragraph (1).
       ``(iii) Congressional action.--Subparagraphs (B) and (C) 
     shall not apply in a case in which Congress has specifically 
     provided for the disposition of a tract of land in a 
     particular manner.''.

     SEC. 202. COMBINED ENTITLEMENTS.

       Section 12 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1611) is amended--
       (1) in the second sentence of subsection (b), by striking 
     ``Regional Corporation shall'' and inserting ``Regional 
     Corporation shall, not later than October 1, 2005,''; and

[[Page 19633]]

       (2) by adding at the end the following:
       ``(f) Combined Entitlements.--
       ``(1) In general.--The entitlements received by any Village 
     Corporation under subsection (a) and acreage reallocated 
     under subsection (b) may be combined, at the discretion of 
     the Secretary, without--
       ``(A) increasing or decreasing to either entitlement; or
       ``(B) increasing the limitation on selections of Wildlife 
     Refuge System land, National Forest System land, or State-
     selected land under subsection (a).
       ``(2) Source of entitlement.--The combined entitlement 
     under paragraph (1) may be fulfilled from selections under 
     subsection (a) or (b) without regard to the entitlement 
     specified in the selection application.
       ``(3) Adjudication and conveyance.--All selections under a 
     combined entitlement shall be adjudicated and conveyed in 
     compliance with this Act.
       ``(4) No additional patents or surveys.--Except in a case 
     in which is a survey has been contracted for before the date 
     of enactment of this subsection, the combination of 
     entitlements under paragraph (1) shall not require separate 
     patents or surveys, to distinguish between conveyances made 
     to a Village Corporation under subsections (a) and (b).''.

     SEC. 203. CONVEYANCE OF LAST WHOLE SECTION.

       Section 14(d) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(d)) is amended--
       (1) by striking ``(d) the Secretary'' and inserting the 
     following:
       ``(d) Acreage Limitations.--
       ``(1) In general.--The Secretary''; and
       (2) by adding at the end the following:
       ``(2) Conveyance of last whole section.--
       ``(A) In general.--If the calculations of the Bureau of 
     Land Management relating to acreage entitlements indicate 
     that an entitlement may be fulfilled by conveying the next 
     prioritized section to a Village Corporation (other than a 
     Village Corporation under section 16), the Director of the 
     Bureau of Land Management and the affected Village or 
     Regional Corporation may enter into an agreement providing 
     that all land entitlements under this Act shall be deemed 
     satisfied by conveyance of a specifically identified and 
     agreed upon tract of that land.
       ``(B) Requirements.--An agreement entered into under 
     subparagraph (A) shall be--
       ``(i) in writing;
       ``(ii) executed by the Director of the Bureau of Land 
     Management and the Village or Regional Corporation; and
       ``(iii) authorized by a corporate resolution enacted by the 
     affected Village or Regional Corporation.
       ``(C) No adjustments to land entitlements.--After execution 
     of an agreement under subparagraph (A) and conveyance of the 
     agreed upon tract to the affected Village or Regional 
     Corporation--
       ``(i) the Director of the Bureau of Land Management shall 
     not make any further adjustments to calculations relating to 
     acreage entitlements of the Village or Regional Corporation; 
     and
       ``(ii) the Village or Regional Corporation shall not be 
     entitled to any further conveyances under this Act.
       ``(D) Limitation.--A Village or Regional Corporation shall 
     not be eligible to receive land under subparagraph (A) if--
       ``(i) the Village or Regional Corporation has received the 
     full land entitlement of the Village or Regional Corporation 
     through--

       ``(I) actual conveyance of the land; or
       ``(II) an agreement; or

       ``(ii) the final survey boundaries of the Village or 
     Regional Corporation's land entitlement have been 
     established.
       ``(E) Effect.--This paragraph does not limit or otherwise 
     affect the ability of a Village or Regional Corporation to 
     enter into land exchanges with the United States.''.

     SEC. 204. DISCRETIONARY AUTHORITY TO CONVEY SUBSURFACE ESTATE 
                   IN PRE-ANCSA REFUGES.

       Section 14(f) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(f)) is amended--
       (1) by striking ``(f) When the Secretary'' and inserting 
     the following:
       ``(f) Patent to the Subsurface Estate.--
       ``(1) In general.--When the Secretary'';
       (2) by striking ``: Provided,'' and inserting a period;
       (3) by striking ``That the right'' and inserting the 
     following:
       ``(2) Consent of village corporation required.--The 
     right''; and
       (4) by adding at the end the following:
       ``(3) Offering of certain subsurface estates in refuge 
     land.--The subsurface estate beneath the surface estate 
     conveyed to a Village Corporation in a National Wildlife 
     Refuge in existence on December 18, 1971 (except the Kenai 
     National Wildlife Refuge and the Kodiak National Wildlife 
     Refuge), may, at the discretion of the Secretary, be offered 
     to the appropriate Regional Corporation as an alternative to 
     the selection of the subsurface estate under section 
     12(a)(1).''.

     SEC. 205. CONVEYANCE OF CEMETERY SITES AND HISTORICAL PLACES.

       Section 14(h)(1) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(1)) is amended--
       (1) by striking ``(1) The Secretary'' and inserting the 
     following:
       ``(1) Cemetery sites and historical places.--
       ``(A) In general.--The Secretary'';
       (2) by striking ``Only title'' and inserting the following:
       ``(B) Land located in a wildlife refuge.--Only title''; and
       (3) by adding at the end the following:
       ``(C) Waiver of acreage allocations.--
       ``(i) In general.--Notwithstanding acreage allocations made 
     before the date of enactment of this subparagraph, the 
     Secretary may convey any cemetery site or historical place--

       ``(I) with respect to which there is an application on 
     record with the Secretary on the date of enactment of this 
     paragraph; and
       ``(II) that is eligible for conveyance.

       ``(ii) Applicability.--Clause (i) shall apply to any of the 
     188 closed applications that are determined to be eligible 
     and reinstated under Secretarial Order No. 3220 dated January 
     5, 2001.
       ``(D) No reinstatement.--No applications submitted for the 
     conveyance of land under subparagraph (A) that were closed 
     before the date of enactment of this paragraph may be 
     reinstated other than those specified in subparagraph 
     (C)(ii).
       ``(E) No new applications or amendments.--After the date of 
     enactment of this paragraph--
       ``(i) no application may be filed for the conveyance of 
     land under subparagraph (A); and
       ``(ii) no pending application may be amended to include 
     additional land under that subparagraph.
       ``(F) No waiver of regulations.--The Secretary shall not 
     waive any regulations relating to withdrawals and conveyances 
     under subparagraph (A).
       ``(G) Requirements applicable to applications for historic 
     places.--Unless, not later than 1 year after the date of 
     enactment of this paragraph, a Regional Corporation that has 
     filed an application for a historic place submits to the 
     Secretary a statement on the significance of and the location 
     of the historic place--
       ``(i) the application shall not be valid; and
       ``(ii) the Secretary shall reject the application.
       ``(H) Relinquishment.--A Regional Corporation may elect to 
     relinquish eligible cemetery sites or historical places 
     located within the boundaries of a conservation system unit 
     (as defined in section 102 of the Alaska National Interest 
     Lands Conservation Act (16 U.S.C. 3102)) on the execution of 
     an agreement between the Federal land management agency and 
     the affected Regional Corporation that describes--
       ``(i) the statutory responsibilities of the Federal land 
     management agency with respect to protecting the cemetery 
     site or historical place that is relinquished; and
       ``(ii) any other terms to which the Federal land management 
     agency and Regional Corporation agree.
       ``(I) No reservation of easement.--Section 17(b)(3) shall 
     not apply to cemetery sites or historical places conveyed 
     under subparagraph (A), but a conveyance under that paragraph 
     shall be subject to an easement for roads and trails in 
     existence at the time of conveyance.''.

     SEC. 206. APPROVED ALLOTMENTS.

       Section 14(h)(6) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(6)) is amended--
       (1) by striking ``(6) The Secretary'' and inserting the 
     following:
       ``(6) Approved allotments.--
       ``(A) In general.--The Secretary'';
       (2) by striking ``this Act;'' and inserting ``this Act, a 
     total of 184,663 acres, as described in the report entitled 
     `Audit Summary ANCSA 14(h)(6) Acreage', dated July 1983, and 
     in 48 Fed. Reg. 37086 (August 16, 1983).'';
       (3) by striking ``Any minerals'' and inserting the 
     following:
       ``(B) Mineral reservations.--
       ``(i) In general.--Any minerals''; and
       (4) by inserting after subparagraph (B)(i) (as redesignated 
     by paragraph (3)) the following:
       ``(ii) Election.--With respect to reserved mineral estates 
     that are located partly in an area that qualifies for in-lieu 
     subsurface selection, the Regional Corporation may elect to 
     take the reserved minerals in the entire allotment or to take 
     the entire acreage as in-lieu.
       ``(iii) No subdivision.--United States surveys shall not be 
     subdivided to accommodate conveyance of a reserved mineral 
     estate under this subparagraph.''.

     SEC. 207. ALLOCATIONS BASED ON POPULATION.

       Section 14(h)(8) of the Alaska Native Claims Settlement Act 
     (43 U.S.C. 1613(h)(8)) is amended--
       (1) by striking ``(8)(A) Any portion'' and inserting the 
     following:
       ``(8) Allocations based on population.--
       ``(A) In general.--Any portion'';
       (2) by striking ``(B) Such allocation'' and inserting the 
     following:
       ``(B) Allocation for southeastern alaska.--Such 
     allocation''; and
       (3) by adding at the end the following:
       ``(C) Alternative methods of distribution.--
       ``(i) In general.--In lieu of an allocation in accordance 
     with the method of distribution

[[Page 19634]]

     under subparagraph (A), a Regional Corporation may elect to 
     receive an allocation in accordance with clause (ii) or 
     (iii).
       ``(ii) Percentage share.--

       ``(I) In general.--A Regional Corporation eligible for an 
     additional allocation under subparagraph (A) may irrevocably 
     elect, not later than 1 year after the date of enactment of 
     this subparagraph, to take the Regional Corporation's 
     percentage share of an additional 255,000 acres above any 
     acreage allocated as of January 1, 2003.
       ``(II) Waiver.--Any Regional Corporation electing to take a 
     percentage share under subclause (I) shall waive any 
     additional gain or loss that the Regional Corporation may 
     have been eligible to receive under subparagraph (A).

       ``(iii) Settlement agreement.--

       ``(I) In general.--A Regional Corporation eligible to 
     participate in an additional allocation under subparagraph 
     (A) may irrevocably elect, not later than 1 year after the 
     date of enactment of this subparagraph, to enter into good 
     faith negotiations with the Secretary for a settlement 
     agreement relating to the Regional Corporation's entitlement 
     under subparagraph (A).
       ``(II) Requirements.--An agreement entered into under 
     subclause (I) shall--

       ``(aa) establish the number of acres to be allocated to the 
     Regional Corporation, which shall be considered to be the 
     remaining entitlement of the Regional Corporation; and
       ``(bb) provide that the United States and the Regional 
     Corporation agree to waive any additional gain or loss that 
     would have been available under subparagraph (A).

       ``(III) Deadline for agreement.--A Regional Corporation 
     shall have not later than the date that is 2 years after the 
     date of enactment of this subparagraph to reach a final 
     agreement with the Secretary under this clause.
       ``(IV) No agreement.--If an agreement is not executed by 
     the date specified in clause (III)--

       ``(aa) the authority of the Secretary to enter into such an 
     agreement shall terminate; and
       ``(bb) any allocations of entitlements under subparagraph 
     (A) of the Regional Corporation shall be deferred until the 
     date on which all allocations under this subsection are 
     completed.
       ``(iv) Applicability.--This subparagraph shall not apply 
     to--

       ``(I) Cook Inlet Region Incorporated and Koniag, Inc.; or
       ``(II) any Regional Corporation that has entered into a 
     prior agreement relating to the entitlement of the Regional 
     Corporation under subparagraph (A), the terms of which would 
     be modified or negated by the agreement entered into under 
     clause (iii).''.

     SEC. 208. AUTHORITY TO WITHDRAW LAND.

       Section 14(h)(10) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1613(h)(10)) is amended--
       (1) by striking ``(10) Notwithstanding'' and inserting the 
     following:
       ``(10) Withdrawals.--
       ``(A) In general.--Notwithstanding''; and
       (2) by adding at the end the following:
       ``(B) Selections not on file.--If a Regional Corporation 
     does not have enough valid selections on file to fulfill the 
     remaining entitlement of the Regional Corporation under 
     subsection (a) or (b), the Secretary may use the withdrawal 
     authority under subparagraph (A) to withdraw land for 
     selection and conveyance to the Regional Corporation to 
     fulfill that entitlement, except that the Secretary may not 
     withdraw land located within the boundaries of a conservation 
     system unit (as defined in section 102 of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3102)).''.

     SEC. 209. BUREAU OF LAND MANAGEMENT LAND.

       (a) Classification.--
       (1) In general.--Notwithstanding revocation of a withdrawal 
     under section 17(d)(1) of the Alaska Native Claims Settlement 
     Act (43 U.S.C. 1616(d)(1)), the Secretary may classify or 
     reclassify any land administered by the Bureau of Land 
     Management in the State to open or close the land to any form 
     of appropriation or use under the public land laws.
       (2) Judicial review.--A decision to classify or reclassify 
     land under paragraph (1) shall not be subject to judicial 
     review.
       (b) Withdrawn Land.--Land in the State administered by the 
     Bureau of Land Management that is withdrawn under section 
     17(d)(1) of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1616(d)(1)), but not otherwise withdrawn or reserved, 
     may be opened, without environmental review, to all forms of 
     appropriation under the public land laws, including location 
     and entry under the Mining Law of 1872 (30 U.S.C. 22 et 
     seq.), by publication of a classification order in the 
     Federal Register.
       (c) Land Included in an Approved Resource Management or 
     Land Use Plan.--Land that is included in an approved resource 
     management or land use plan and that is not segregated 
     (including land in the Steese National Conservation Area) may 
     be opened or closed to location and entry under the Mining 
     Law of 1872 (30 U.S.C. 22 et seq.) and under the Mineral 
     Leasing Act (30 U.S.C. 181 et seq.), consistent with the 
     plan, by publication in the Federal Register of a 
     classification order that describes--
       (1) the land to be opened;
       (2) the public land laws to which the opening applies; and
       (3) the effective date of the opening.

     SEC. 210. AUTOMATIC SEGREGATION OF LAND FOR UNDERSELECTED 
                   VILLAGE CORPORATIONS.

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

     SEC. 211. PROCEDURES RELATING TO DISSOLVED OR LAPSED NATIVE 
                   CORPORATIONS.

       Section 22 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1621) is amended by adding at the end the following:
       ``(n) Dissolved or Lapsed Native Corporations.--
       ``(1) In general.--Not later than the date that is 2 years 
     after the date of enactment of this subsection, a Native 
     Corporation entitled to receive land under this Act that has 
     allowed the corporate status of the Native Corporation to 
     lapse or has otherwise dissolved or ceased to do business, 
     may, in accordance with State law, reestablish the Native 
     Corporation.
       ``(2) Conveyance.--If the Native Corporation is not 
     reestablished by the date described in subsection (a) or 
     allows the corporate status of the Native Corporation to 
     lapse after that date, the remaining entitlement of the 
     Native Corporation, if any, shall be conveyed to the Regional 
     Corporation, subject to the condition that the land not be 
     sold or otherwise alienated to any other person or entity 
     other than the Village Corporation for a period of at least 
     12 years.
       ``(3) Effect.--After the Regional Corporation assumes 
     responsibility for administering the assets for a lapsed or 
     dissolved Native Corporation, the Regional Corporation may--
       ``(A) file relinquishments of selections;
       ``(B) return land to the United States to accommodate an 
     allotment;
       ``(C) reprioritize land selections before the deadline in 
     section 404 of the Alaska Land Transfer Acceleration Act of 
     2003;
       ``(D) negotiate settlement of remaining entitlement under 
     section 212 of the Alaska Land Transfer Acceleration Act of 
     2003; and
       ``(E) take any appropriate actions to bring the lapsed or 
     dissolved Native Corporation into compliance with State law.
       ``(4) Reestablishment under state law.--If the lapsed or 
     dissolved Native Corporation reestablishes itself under State 
     law, on petition from the reestablished Native Corporation, 
     the property conveyed to the Regional Corporation from the 
     reestablished Native Corporation's prior entitlement shall be 
     conveyed by the Regional Corporation to the reestablished 
     Native Corporation.
       ``(5) Priorities.--If a lapsed or dissolved Native 
     Corporation fails to establish, by the prioritization 
     deadlines established by the Alaska Land Transfer 
     Acceleration Act of 2003, irrevocable final priorities in 
     accordance with section 404 of that Act, the Regional 
     Corporation shall establish the priorities by the deadline 
     established by section 404 of that Act.''.

     SEC. 212. SETTLEMENT OF REMAINING ENTITLEMENT.

       (a) In General.--The Secretary may enter into a binding, 
     written agreement with any Native Corporation relating to--
       (1) the land remaining to be conveyed to the Native 
     Corporation under the Alaska Native Claims Settlement Act (43 
     U.S.C. 1601 et seq.);
       (2) the priority in which the land is to be conveyed;
       (3) the relinquishment of selections which are not to be 
     conveyed;
       (4) the selection entitlement to which selections are to be 
     charged, regardless of the entitlement under which originally 
     selected;
       (5) the survey of the exterior boundaries of the land to be 
     conveyed;
       (6) the additional survey to be performed under section 
     14(c) of the Alaska Native Claims Settlement Act (43 U.S.C. 
     1613(c));
       (7) the resolution of conflicts with Native allotment 
     applications; and
       (8) any other matters that may facilitate the conveyance to 
     the Native Corporation.
       (b) Requirements.--An agreement under subsection (a)--
       (1) shall be authorized in a corporate resolution of the 
     Native Corporation subject to the agreement; and
       (2) shall include a statement that the entitlement of the 
     Native Corporation shall be considered complete on execution 
     of the agreement.
       (c) Reservation of Easements.--In an agreement under 
     subsection (a), the Secretary may--
       (1) reserve easements under subsection (b) of section 17 of 
     the Alaska Native Claims Settlement Act (43 U.S.C. 1616(b));
       (2) realign easements reserved under that subsection before 
     the date of enactment of this Act; and
       (3) correct conveyance documents to reflect the reservation 
     of easements under that subsection.

[[Page 19635]]

       (d) Consultation.--Before entering into an agreement under 
     subsection (a), the Secretary shall consult with the head of 
     the agency administering the land to be conveyed and the 
     State.
       (e) Errors.--Any Native Corporation entering into an 
     agreement under subsection (a) shall receive any gain or bear 
     any loss arising out of errors in prior surveys, protraction 
     diagrams, or computation of the ownership of third parties on 
     any land conveyed.
       (f) Effect.--
       (1) In general.--An agreement under subsection (a) shall 
     not--
       (A) affect the obligations of Native Corporations under 
     prior agreements; or
       (B) result in a Native Corporation relinquishing valid 
     selections of land in order to qualify for the withdrawal of 
     other tracts of land.
       (2) Effect on subsurface rights.--The terms of an agreement 
     entered into by the Secretary and a Village Corporation or 
     other Native Corporation under subsection (a) shall be 
     binding on a Regional Corporation with respect to the 
     location and quantity of subsurface rights of the Regional 
     Corporation under section 14(f) of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1613(f)).

     SEC. 213. CONVEYANCE TO KAKTOVIK INUPIAT CORPORATION AND 
                   ARCTIC SLOPE REGIONAL CORPORATION.

       Notwithstanding section 1302(h)(2) of the Alaska National 
     Interest Lands Conservation Act (16 U.S.C. 3192(h)(2)), the 
     Secretary shall convey--
       (1) to the Kaktovik Inupiat Corporation the surface estate 
     of the land described in paragraph (1) of Public Land Order 
     6959--
       (A) to the extent necessary to fulfill the Corporation's 
     entitlement under section 12 of the Alaska Native Claims 
     Settlement Act (43 U.S.C. 1611); and
       (B) in accordance with the terms and conditions of the 
     Agreement between the Department of the Interior, the United 
     States Fish and Wildlife Service, the Bureau of Land 
     Management, and the Kaktovik Inupiat Corporation effective 
     January 22, 1993; and
       (2) to the Arctic Slope Regional Corporation the remaining 
     subsurface estate to which the Regional Corporation is 
     entitled under the August 9, 1983, agreement between the 
     Arctic Slope Regional Corporation and the United States.

                      TITLE III--NATIVE ALLOTMENTS

     SEC. 301. TITLE AFFIRMATION OF NATIVE ALLOTMENT LOCATION AND 
                   DESCRIPTION.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) is amended by adding at the end the following:
       ``(d) Title Affirmation.--
       ``(1) In general.--The Secretary may correct a conveyance 
     to a Native Corporation or to the State that includes land 
     described in a valid allotment application to exclude the 
     described allotment land with the written concurrence of the 
     Native Corporation or the State.
       ``(2) Concurrence.--A written concurrence shall--
       ``(A) include a finding that the land description proposed 
     by the Secretary is acceptable; and
       ``(B) attest that the Native Corporation or the State has 
     not--
       ``(i) granted any third party rights or taken any other 
     action that would affect the ability of the United States to 
     convey full title under the Act of May 17, 1906 (34 Stat. 
     197, chapter 2469); and;
       ``(ii) stored or allowed the deposit of hazardous waste on 
     the land.
       ``(3) Corrected document.--On receipt of an acceptable 
     written concurrence, the Alaska State Office of the Bureau of 
     Land Management shall--
       ``(A) issue a corrected conveyance document to the State or 
     Native Corporation, as appropriate; and
       ``(B) issue a certificate of allotment to the allotment 
     applicant.
       ``(4) No other documentation required.--No documents of 
     reconveyance from the State or an Alaska Native Corporation 
     or evidence of title, other than the written concurrence and 
     attestation described in paragraph (1), are necessary to use 
     the procedures authorized by this subsection.
       ``(5) Effect on liability.--Nothing in this section 
     relieves the State, the United States, or any other entity of 
     any existing liability under Federal or State law arising out 
     of the presence or release of hazardous or toxic substances 
     or solid wastes nor shall the United States be subject to 
     such liability under applicable laws solely as a result of 
     taking any actions under this subsection.''.

     SEC. 302. TITLE RECOVERY OF NATIVE ALLOTMENTS

       (a) In General.--If the State or any Native Corporation 
     does not elect to take advantage of the title affirmation 
     process available under subsection (d) of section 18 of th 
     Alaska Native Claims Settlement Act (as added by section 
     301), the State or any Native Corporation may quitclaim, by a 
     date certain established by the Secretary, all or any part of 
     its interest in the land encompassed by an allotment claim by 
     tendering a valid and appropriate deed to the United States.
       (b) Acceptance of Deed by United States.--The United States 
     may accept the deed if the United States determines that the 
     issuance of an allotment is appropriate based on evidence of 
     record with the Bureau of Land Management or attestation of 
     the State or Native Corporation as to the use of the land by 
     the allotment applicant.
       (c) Offering of Alternate Land.--The State, under the 
     authority granted in section 18(c) of the Alaska Native 
     Claims Settlement Act (43 U.S.C. 1617(c)), or a Native 
     Corporation under the authority granted in section 303, may 
     elect to offer land other than those encompassed by the 
     allotment claim in substitution for the originally described 
     land.
       (d) Acceptance of Deed by Applicant.--Before the acceptance 
     of the title by the United States, the Secretary shall 
     provide the applicant or the personal representative of a 
     deceased applicant 90 days to accept the offered deed.
       (e) Acceptance by United States.--On receipt of the 
     applicant's acceptance, the Secretary may accept the quit 
     claim deed and issue the allotment.
       (f) Binding Effect.--The allottee shall be bound by the 
     terms and conditions of the conveyance to the United States 
     and the conveyance to the allottee by the United States.
       (g) Survey.--If acceptance by the applicant is not received 
     by the Bureau of Land Management, Alaska State Office, within 
     the 90-day time period provided under subsection (d), the 
     United States shall, with the permission of the landowner, 
     survey the boundaries of the allotment claim on file with the 
     Secretary to fix in an irrevocable manner the location of the 
     claim.
       (h) No Documentation Required.--When the Secretary 
     reacquires title to land from a Native Corporation or the 
     State for the purpose of conveying an allotment, there shall 
     be no requirement to prepare a certificate of inspection and 
     possession or to perform a hazardous materials inspection 
     prior to the acceptance of the reconveyance to the United 
     States or conveyance to the Native allotment applicant.
       (i) No Liability.--The United States shall not be liable 
     for any contamination on the land solely by virtue of 
     reacquiring title or conveying the allotment.

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

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) (as amended by section 301) is amended by adding 
     at the end the following:
       ``(e) Amendment of Land Description.--
       ``(1) In general.--An allotment applicant who had a valid 
     application pending before the Department of the Interior on 
     December 18, 1971, and whose application is still open on the 
     records of the Secretary as of the date of enactment of this 
     subsection may amend the land description in the application 
     to describe land other than the land that the applicant 
     originally intended to claim if--
       ``(A) the application--
       ``(i) describes land selected by or conveyed by interim 
     conveyance or patent to a Native Corporation formed to 
     receive benefits under this Act; or
       ``(ii) otherwise conflicts with an interest in land granted 
     to a Native Corporation by the United States;
       ``(B) the amended land description describes land selected 
     by or conveyed by interim conveyance or patent to a Native 
     Corporation of approximately equal acreage in substitution 
     for the land described in the original application; and
       ``(C) the Native Corporation, or its successor in interest, 
     that selected the land or received an interim conveyance or 
     patent for the land, provides a corporate resolution 
     authorizing reconveyance or relinquishment to the United 
     States of the land, or interest in land, described in the 
     amended application.
       ``(2) Right of first refusal.--
       ``(A) In general.--The allotment applicant and the Native 
     Corporation may agree that the Native Allotment Certificate, 
     when issued, shall contain a right of first refusal allowing 
     the Native Corporation to match any offer to buy the allotted 
     land at or over appraised value, with approval of an 
     authorized official of the Bureau of Indian Affairs, within 
     30 days of notice of intent to accept an offer.
       ``(B) Filing.--Any agreement to make the allotment subject 
     to such a right of first refusal shall be in writing and 
     shall be filed with the Alaska State Office of the Bureau of 
     Land Management. The right of first refusal shall not apply 
     to transfers of the land to family members or to transfers by 
     gift deed.
       ``(3) Concurrence required.--If an application pending 
     before the Department of the Interior as described in 
     paragraph (1) describes land selected by, but not conveyed by 
     interim conveyance or patent to a Native Corporation, the 
     concurrence of an authorized official of the Bureau of Land 
     Management and regional head of the managing Federal agency 
     if different than the Bureau of Land Management shall be 
     required in order for an application to proceed under this 
     section.
       ``(4) Native allotment certificate.--
       ``(A) In general.--On acceptance of a reconveyance or 
     relinquishment from a Native Corporation under paragraph (1), 
     the Secretary shall issue a native allotment certificate to 
     the applicant for the land reconveyed or relinquished by the 
     Native Corporation.

[[Page 19636]]

       ``(B) Inclusions.--The Native Allotment Certificate shall 
     include a right of first refusal if a written copy of an 
     agreement to include such provision is filed with the Alaska 
     State Office of the Bureau of Land Management prior to 
     issuance of the Native Allotment Certificate.
       ``(C) Reservations.--Any allotment relocated under this 
     section shall, when allotted, be made subject to any 
     easement, trail, or right-of-way in existence on the 
     relocated allotment land on the date of relocation.''.

     SEC. 304. COMPENSATORY ACREAGE.

       (a) In General.--The Secretary shall adjust the acreage 
     entitlement computation records for the State of Alaska or an 
     affected Native Corporation to account for any difference in 
     the amount of acreage between the corrected description and 
     the previous description in any conveyance document as a 
     result of actions taken under section 18(d) of the Alaska 
     Native Claims Settlement Act (as added by section 301), 
     section 302, or section 18(e) of the Alaska Native Claims 
     Settlement Act (as added by section 303), or for other 
     voluntary reconveyances to the United States for the purpose 
     of facilitating timely completion of land transfer in Alaska.
       (b) Limitation.--No adjustment to the acreage conveyance 
     computations shall be made where the State of Alaska or an 
     affected Native Corporation retains a partial estate in the 
     described allotment land.
       (c) Availability of Additional Land.--If, as a result of 
     implementation under section 18(d) of the Alaska Native 
     Claims Settlement Act (as added by section 301) or section 
     302, a Village Corporation has insufficient remaining 
     selections from which to receive its full entitlement under 
     the Alaska Native Claims Settlement Act, the Secretary has 
     sole and unreviewable discretion to use the authority and 
     procedures available under section 22(j)(2) of the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1621(j)(2)) and 
     section 207 to make additional land available for selection 
     by the Village Corporation.

     SEC. 305. NATIVE ALLOTMENT DEADLINES.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) (as amended by section 303) is amended by adding 
     at the end the following:
       ``(f) Request for Reinstatement.--
       ``(1) In general.--An applicant for a Native allotment 
     filed under the Act of May 17, 1906 (34 Stat. 197, chapter 
     2469) or filed under section 41 of this Act shall be entitled 
     to have the Secretary accept a reinstatement of a previously 
     closed Native allotment application or to accept a 
     reconstructed copy of an application claimed to have been 
     timely filed with an agency of the Department of the 
     Interior, only if the applicant filed a request for 
     reinstatement or acceptance of a reconstructed application 
     with the Alaska State Office, Bureau of Land Management, 
     before the date of enactment of this subsection.
       ``(2) Requirements.--No request to accept a Native 
     allotment application as timely filed, submitted before the 
     date of enactment of this subsection, shall be granted unless 
     the request or application contains--
       ``(A) the name of the person to whom the application was 
     originally given;
       ``(B) the Department of the Interior Bureau for whom that 
     person worked;
       ``(C) the month and year in which the application was 
     originally submitted;
       ``(D) the place at which the application was originally 
     submitted (address or specific location, more than the 
     community's name);
       ``(E) a complete application, including--
       ``(i) the date of commencement of qualifying use and 
     occupancy;
       ``(ii) a description of the land for which the application 
     is being made;
       ``(iii) a map sufficient to locate the property on the 
     ground; and
       ``(iv) at least 2 written statements from knowledgeable 
     individuals attesting to the applicant's qualifying use and 
     occupancy of the land described in the application;
       ``(F) a written explanation setting forth all information 
     known concerning the original filing of the application and 
     the reasons that the application was not forwarded when 
     originally submitted, if known, which explanation shall not 
     include any additional information or explanatory material 
     that was filed after the date of enactment of this Act; and
       ``(G) sworn statements from at least 2 knowledgeable 
     individuals, with their current addresses, who will not 
     benefit from the granting of the Native allotment 
     application, attesting to the fact that an application for 
     Native allotment was originally filed as set forth in the 
     request, not including any additional witness statements or 
     supplementation of the previously submitted statements.
       ``(3) Prohibition on reopening of application.--No 
     application for a Native allotment that was closed, whether 
     through relinquishment, denial or otherwise, under the laws 
     (including regulations) that existed as of the date of 
     closure, shall be reopened after the date of enactment of 
     this subsection.
       ``(4) Voluntary reconveyance.--The United States--
       ``(A) may seek voluntary reconveyance of any land described 
     in a application that is reopened, accepted, or is 
     reconstructed that is accepted as timely filed after the date 
     of enactment of this Act; but
       ``(B) shall not file an action in any court to recover 
     title from a current landowner.
       ``(5) Exception.--Except as otherwise provided in this 
     subsection, after the date of enactment of this subsection, 
     no requests to amend an allotment description may be granted 
     unless the request is initiated by the Secretary in order to 
     conform the allotment description to its on-the-ground or 
     surveyed description.''.

     SEC. 306. ELIMINATION OF SHORE SPACE MEASUREMENT.

       Section 18 of the Alaska Native Claims Settlement Act (43 
     U.S.C. 1617) (as amended by section 305) is amended by adding 
     at the end the following:
       ``(g) Applicability of Shore Space Measurement 
     Requirement.--Section 2094 of part 43, Code of Federal 
     Regulations, (relating to Shore Space) shall not apply to 
     Native allotment applications which are required to be 
     adjudicated under the Act of May 17, 1906 (34 Stat. 197, 
     chapter 2469), if the land has been surveyed before the date 
     of enactment of this Act or has been the subject of a field 
     examination, before the date of enactment of this subsection, 
     which did not recommend adjustment of the land that is the 
     subject of the application due to excessive shore space.''.

     SEC. 307. AMENDMENTS TO SECTION 41 OF THE ALASKA NATIVE 
                   CLAIMS SETTLEMENT ACT.

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

        TITLE IV--FINAL PRIORITIES; CONVEYANCE AND SURVEY PLANS

     SEC. 401. DEADLINE FOR ESTABLISHMENT OF REGIONAL PLANS.

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

     SEC. 402. DEADLINES FOR ESTABLISHMENT OF VILLAGE PLANS.

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

     SEC. 403. FINAL PRIORITIZATION OF ANCSA SELECTIONS

       (a) In General.--Any Village or Regional Corporation that 
     has not entered in a voluntary, negotiated settlement of 
     final entitlement under section 212 by the date of enactment 
     of this Act, shall submit the final, irrevocable priorities 
     of the Village or Regional Corporation--
       (1) not later than 36 months after the date of enactment of 
     this Act for Village Corporations; and
       (2) not later than 42 months after the date of enactment of 
     this Act for Regional Corporations.
       (b) Acreage Limitations.--The priorities submitted under 
     subsection (a) shall not exceed land that is the greater of--
       (1) not more than 125 percent of the remaining entitlement; 
     or
       (2) not more than 640 acres in excess of the remaining 
     entitlement.
       (c) Corrections.--

[[Page 19637]]

       (1) In general.--Except as provided in paragraph (2), the 
     priorities submitted under subsection (a) may not be revoked, 
     rescinded, or modified by the Village or Regional 
     Corporation.
       (2) Technical corrections.--Not later than 90 days after 
     the date of receipt of a notification by the Director that 
     there is a technical error in the priorities, the Village or 
     Regional Corporation may correct the technical error in 
     accordance with any recommendations of, and in the manner 
     prescribed by, the Director.
       (d) Relinquishment.--
       (1) In general.--As of the date on which the Village or 
     Regional Corporation submits the final priorities of the 
     Village or Regional Corporation under subsection (a), any 
     unprioritized, remaining selections of the Village or 
     Regional Corporation--
       (A) are relinquished; and
       (B) shall have no further segregative effect.
       (2) Records.--All relinquishments under paragraph (1) shall 
     be included in Bureau of Land Management land records.
       (e) Failure to Submit Priorities.--If a Village or Regional 
     Corporation fails to submit priorities by the deadline 
     specified in subsection (a)--
       (1) with respect to a Village or Regional Corporation that 
     has priorities on file with the Director, the Director--
       (A) shall convey to the Village or Regional Corporation the 
     remaining entitlement of the Village or Regional Corporation, 
     as determined based on the most recent priorities of the 
     Village or Regional Corporation on file with the Director; 
     and
       (B) may reject any selections not needed to fulfill the 
     entitlement; or
       (2) with respect to a Village or Regional Corporation that 
     does not have priorities on file with the Bureau of Land 
     Management, the Director shall satisfy the entitlement by 
     conveying land selected by the Director, in consultation with 
     the Village or Regional Corporation, the Federal land 
     managing agency, and the State, that, to the maximum extent 
     practicable, is--
       (A) compact;
       (B) contiguous to land previously conveyed to the Village 
     or Regional Corporation; and
       (C) consistent with the applicable preliminary Regional 
     Conveyance and Survey Plan referred to in section 401.

     SEC. 404. FINAL PRIORITIZATION OF STATE SELECTIONS.

       (a) Filing of Selection Priorities.--
       (1) In general.--Not later than 180 days after the date on 
     which the Director notifies the State that the portion of the 
     Regional Conveyance and Survey Plan relating to the Alaska 
     Native Claims Settlement Act (43 U.S.C. 1601 et seq.) is 
     complete, the State shall file selection priorities for the 
     Regional Conveyance and Survey Plan area.
       (2) Identification of priorities.--In the selection 
     priorities filed under paragraph (1), the State shall 
     identify all prioritized selections as being in 1 of the 
     following 3 categories:
       (A) Irrevocable priorities available for immediate 
     conveyance.
       (B) Topfiled priorities not currently available for 
     conveyance.
       (C) Revocable priorities not available for immediate 
     conveyance.
       (b) Conveyance.--The Director shall convey any irrevocable 
     priorities identified under subsection (a)(2)(A) as soon as 
     practicable after the date of enactment of this Act but not 
     later than September 30, 2009.
       (c) Corrections.--
       (1) In general.--Except as provided in paragraph (2), 
     irrevocable priorities identified under subsection (a)(2)(A) 
     may not be rescinded or modified by the State.
       (2) Technical corrections.--Not later than 30 days after 
     the date of receipt of a notification by the Director that 
     there is a technical error in the irrevocable priorities, the 
     State may correct the technical error in accordance with any 
     recommendations of, and in the manner prescribed by, the 
     Director.
       (d) Maximum Acreage.--The cumulative quantity of revocable 
     selections (other than topfilings) shall not exceed 3,525,000 
     acres.
       (e) Relinquishment.--
       (1) In general.--The State shall relinquish any State 
     selections in a Regional Conveyance and Survey Plan area not 
     identified as an irrevocable, topfiled, or revocable 
     priority.
       (2) Failure to relinquish.--If the State fails to 
     relinquish a selection under paragraph (1), the Director 
     shall reject the selection.
       (f) Filing of Final Priorities.--
       (1) In general.--In addition to the prioritization required 
     under subsection (a), the State shall, not later than the 
     date that is 4 years after the date of enactment of this Act, 
     in accordance with section 906(f)(1) of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1635(f)(1)), file 
     final priorities with the Bureau of Land Management for all 
     land grant entitlements to the State which remain unsatisfied 
     on the date of the filing.
       (2) Ranking.--All selection applications on file with the 
     Bureau of Land Management on the date specified in paragraph 
     (1) shall--
       (A) be ranked; and
       (B) include an estimate of the acreage included in each 
     selection.
       (3) Inclusions.--The State shall include in the prioritized 
     list land which has been topfiled under section 906(e) of the 
     Alaska National Interest Lands Conservation Act (43 U.S.C. 
     1635(e)).
       (4) Acreage limitation.--
       (A) In general.--Acreage for topfilings shall not be 
     counted against the 125 percent limitation.
       (B) Relinquishment.--
       (i) In general.--The State shall relinquish any selections 
     that exceed the 125 percent limitation.
       (ii) Failure to relinquish.--If the State fails to 
     relinquish a selection under clause (i), the Director shall 
     reject the selection.
       (g) Deadline for Prioritization.--
       (1) In general.--The State shall irrevocably prioritize 
     sufficient selections to allow the Director to complete 
     transfer of 101,000,000 acres by September 30, 2009.
       (2) Financial assistance.--The Director may, using amounts 
     made available to carry out this Act, provide financial 
     assistance to other Federal agencies, the State, and Native 
     Corporations and entities to assist in completing the 
     transfer of land by September 30, 2009.
       (3) Reprioritization.--Any selections remaining after 
     September 30, 2009, may be reprioritized.

            TITLE V--ALASKA LAND CLAIMS HEARINGS AND APPEALS

     SEC. 501. ALASKA LAND CLAIMS HEARINGS AND APPEALS.

       (a) Establishment.--The Secretary shall establish a 
     hearings and appeals process to decide appeals from land 
     transfer decisions issued by the Secretary in the State.
       (b) Administrative Law Judges.--
       (1) Appointment.--For purposes of carrying out subsection 
     (a), the Secretary may appoint administrative law judges or 
     other officers to hear appeals under subsection (a) for a 
     specified term, as determined by the Secretary.
       (2) Powers.--Judges and other officers appointed under 
     paragraph (1) shall have the powers set forth in section 
     556(c) of title 5, United States Code.
       (c) Regulations.--
       (1) In general.--Notwithstanding the fact that proposed 
     regulations have not been published, on establishment of the 
     hearings and appeals process under subsection (a) the 
     Secretary shall immediately publish in the Federal Register 
     final regulations establishing procedures and practices for 
     the hearings and appeals process.
       (2) Applicable law.--Section 910 of the Alaska National 
     Interest Lands Conservation Act (43 U.S.C. 1638) shall apply 
     to the regulations published under paragraph (1).

                      TITLE VI--REPORT TO CONGRESS

     SEC. 601. REPORT.

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

               TITLE VII--AUTHORIZATION OF APPROPRIATIONS

     SEC. 701. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated 
     such sums as are necessary to carry out the purposes of this 
     Act.
       (b) Availability of Funds.--Amounts appropriated under 
     subsection (a) shall be available until expended.
                                 ______
                                 
      By Mr. CAMPBELL:
  S. 1467. A bill to establish the Rio Grande Outstanding Natural Area 
in the State of Colorado, and for other purposes; to the Committee on 
Energy and Natural Resources.
  Mr. CAMPBELL. Mr. President, I rise today to introduce a bill to 
designate a stretch of the Rio Grande River as an Outstanding Natural 
Area. This Outstanding Natural Area designation is the hallmark of 
successful partnerships between local landowners, farmers, governments 
and interested advocacy groups to develop a plan to preserve an 
important stretch of river and the southwest Willow Flycatcher, a 
federally recognized endangered species.
  The Rio Grande River and its tributaries rise in the San Juan 
Mountains and flow into the San Luis Valley. The Valley, like so much 
of Colorado is dependent on snowmelt for water. In fact, the 600,000 
acres of irrigated farm land within the Valley only get an average of 
seven inches of precipitation each year. It goes without saying that 
the Rio Grande River is the lifeblood of the Valley for flora and fauna 
as well as thousands of farmers and landowners.
  The legislation that I am introducing today is the product of careful 
collaboration between interested stakeholder, including environmental 
groups, landowners, farmers, and local governments. All of these 
parties recognized

[[Page 19638]]

that in order to protect this important thirty-three miles of watershed 
something had to be done. After much deliberation, all agreed that 
designating the stretch of River from the southern edge of the Alamosa 
National Wildlife Refuge to the New Mexico State line as an Outstanding 
Natural Area would be the best way to maintain this critical reach.
  This bill establishes a Commission made up of Federal, State, and 
local stakeholders who are charged with developing a management plan to 
restore and protect the area. The Secretary of Interior must review and 
approve the plan. Upon approval, the Secretary of Interior would 
implement the management plan, coordinating with State and local 
governments, and cooperating with land owners. Private landowners are 
encouraged to participate in the Commission.
  As in much of the West, Rio Grande River's water is apportioned to 
downstream states through interstate compact. Therefore, make no 
mistake; this bill does not include an implied or reserved water right.
  The Outstanding Natural Area legislation that I am introducing today 
is supported by the local Boards of county Commissioners, the local 
water user organizations, the local Cattlemen's Association, the 
environmental community, and affected private landowners along the 
River.
  We often talk about bringing interested folks to the table to work 
out a cooperative solution to an issue. All too often, either people 
don't come to the table or the discussions fail to bear fruit. This 
bill is a positive example of what can be accomplished when interested 
stakeholders come together in good faith and work toward a common goal. 
I am proud to introduce this legislation and continue that effort.
  I ask unanimous consent that the text of my bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1467

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Rio Grande Outstanding 
     Natural Area Act''.

      SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds as follows:
       (1) Preservation and restoration of the land in the Area 
     are required to preserve the Area's unique scientific, scenic 
     beauty, educational, and environmental values, including 
     unique land forms, scenic beauty, cultural sites, and 
     habitats used by various species of raptors and other birds, 
     mammals, reptiles, and amphibians.
       (2) There are archaeological and historic sites in the Area 
     resulting from at least 10,000 years of use for subsistence 
     and commerce.
       (3) The archaeological sites represent regional ancestry, 
     including Paleo-Indian and nomadic bands of Ute and Apache.
       (4) The Area contains exceptional scenic values and 
     opportunities for wildlife viewing.
       (5) Approximately 2,771 acres of land within the Area are 
     owned by the United States and administered by the Secretary, 
     acting through the Director of the Bureau of Land Management, 
     and approximately 7,885 acres of land within the Area are 
     owned by private landowners.
       (6) The Area is located downstream from areas in Colorado 
     of significant and longstanding water development and use.
       (7) The availability of water for use in Colorado is 
     governed, in significant part, by the Compact, which 
     obligates the State of Colorado to deliver certain quantities 
     of water to the Colorado-New Mexico State line for the 
     benefit of the States of New Mexico and Texas in accordance 
     with the terms of the Compact.
       (8) Because of the allocations of water made by the Compact 
     to downstream States, the levels of use and development of 
     water in Colorado, and the unpredictable and seasonal nature 
     of the water supply, the Secretary shall manage the land 
     within the Area to accomplish the purposes of this Act 
     without asserting reserved water rights for instream flows or 
     appropriating or acquiring water rights for that purpose.
       (b) Purposes.--The purposes of this Act are to conserve, 
     restore, and protect for future generations the natural, 
     ecological, historic, scenic, recreational, wildlife, and 
     environmental resources of the Area.

      SEC. 3. DEFINITIONS.

       In this Act:
       (1) Area.--The term ``Area'' means the Rio Grande 
     Outstanding Natural Area established under section 4.
       (2) Area management plan.--The term ``Area Management 
     Plan'' means the plan developed by the Commission in 
     cooperation with Federal, State, and local agencies and 
     approved by the Secretary.
       (3) Commission.--The term ``Commission'' means the Rio 
     Grande Outstanding Natural Area Commission as established in 
     this Act.
       (4) Compact.--The term ``Compact'' means the Rio Grande 
     Compact, consented to by Congress in the Act of May 31, 1939 
     (53 Stat. 785, chapter 155).
       (5) Map.--The term ``Map'' means the map entitled ``__'', 
     dated __, and numbered __.
       (6) Public lands.--The term ``public lands'' has the 
     meaning given that term in section 103 of the Federal Land 
     Policy and Management Act of 1976 (43 U.S.C. 1702).
       (7) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (8) State.--The term ``State'' means the State of Colorado.

      SEC. 4. ESTABLISHMENT OF AREA.

       (a) In General.--There is established the Rio Grande 
     Outstanding Natural Area.
       (b) Boundaries.--The Area shall consist of approximately 
     10,656 acres extending for a distance of 33.3 miles along the 
     Rio Grande River in southern Colorado from the southern 
     boundary of the Alamosa National Wildlife Refuge to the 
     Colorado-New Mexico State line, encompassing the Rio Grande 
     River and its adjacent riparian areas extending not more than 
     1,320 feet on either side of the river.
       (c) Map and Legal Description.--
       (1) Legal description.--As soon as practicable after the 
     date of enactment of this Act, the Secretary shall file a 
     legal description of the Area in the office of the Director 
     of the Bureau of Land Management, Department of the Interior, 
     in Washington, District of Columbia, and the Office of the 
     Colorado State Director of the Bureau of Land Management.
       (2) Force and effect.--The Map and legal description of the 
     Area shall have the same force and effect as if they were 
     included in this Act, except that the Secretary may correct 
     clerical and typographical errors in such legal description 
     as they may appear from time to time.
       (3) Public availability.--The Map and legal description of 
     the Area shall be available for public inspection in the 
     office of the Colorado State Director of the Bureau of Land 
     Management, Department of the Interior in Denver, Colorado.

      SEC. 5. COMMISSION.

       (a) Establishment.--There is hereby established the Rio 
     Grande Outstanding Natural Area Commission.
       (b) Purpose.--The Commission shall assist appropriate 
     Federal, State, and local authorities in the development and 
     implementation of an integrated resource management plan for 
     the Area called the Area Management Plan.
       (c) Membership.--The Commission shall be composed of 9 
     members, designated or appointed not later than 6 months 
     after the date of the enactment of this Act as follows:
       (1) 2 officials of Department of the Interior designated by 
     the Secretary, 1 of whom shall represent the Federal agency 
     responsible for the management of the Area and 1 of whom 
     shall be the manager of the Alamosa National Wildlife Refuge.
       (2) 2 individuals appointed by the Secretary, 1 of whom 
     shall be based on the recommendation of the State Governor, 
     representing the Colorado Division of Wildlife, and 1 
     representing the Colorado Division of Water Resources 
     responsible for the Rio Grande drainage.
       (3) 1 representative of the Rio Grande Water Conservation 
     District appointed by the Secretary based on the 
     recommendation of the State Governor, representing the local 
     region in which the Area is established.
       (4) 4 individuals appointed by the Secretary based on 
     recommendations of the State Governor, representing the 
     general public who are citizens of the State and of the local 
     region in which the Area is established, who have knowledge 
     and experience in the appropriate fields of interest relating 
     to the preservation and restoration and use of the Area. 2 
     appointees from the local area shall represent 
     nongovernmental agricultural interests and 2 appointees from 
     the local area shall represent nonprofit nongovernmental 
     environmental interests.
       (d) Terms.--Members shall be appointed for terms of 5 years 
     and may be reappointed.
       (e) Compensation.--Members of the Commission shall receive 
     no pay on account of their service on the Commission.
       (f) Chairperson.--The chairperson of the Commission shall 
     be elected by the members of the Commission.
       (g) Meetings.--The Commission shall hold its first meeting 
     not later than 90 days after the date on which the last of 
     its initial members is appointed, and shall meet at least 
     quarterly at the call of the chairperson.

      SEC. 6. POWERS OF THE COMMISSION.

       (a) Hearings.--The Commission may hold such hearings, sit 
     and act at such times and places, take such testimony, and 
     receive such evidence, as the Commission considers 
     appropriate.
       (b) Powers of Members and Agents.--Any member or agent of 
     the Commission, if so authorized by the Commission, may take 
     any action which the Commission is authorized to take by this 
     Act.

[[Page 19639]]

       (c) Acquisition of Real Property.--Except as provided in 
     section 12, the Commission may not acquire any real property 
     or interest in real property.
       (d) Cooperative Agreements.--For purposes of carrying out 
     the Area Management Plan, the Commission may enter into 
     cooperative agreements with the State, with any political 
     subdivision of the State, or with any person. Any such 
     cooperative agreement shall, at a minimum, establish 
     procedures for providing notice to the Commission of any 
     action proposed by the State, a political subdivision, or a 
     person which may affect the implementation of the Area 
     Management Plan.

      SEC. 7. DUTIES OF THE COMMISSION.

       (a) Preparation of Plan.--Not later than 2 years after the 
     Commission conducts its first meeting, it shall submit to the 
     Secretary an Area Management Plan. The Area Management Plan 
     shall be--
       (1) based on existing Federal, State, and local plans, but 
     shall coordinate those plans and present a unified 
     preservation, restoration, and conservation plan for the 
     Area;
       (2) developed in accordance with the provisions of section 
     202 of the Federal Land Policy and Management Act of 1976 (43 
     U.S.C. 1712); and
       (3) consistent, to the extent possible, with the management 
     plans adopted by the Director of the Bureau of Land 
     Management for adjacent properties in Colorado and New 
     Mexico.
       (b) Contents.--The Area Management Plan shall include the 
     following:
       (1) An inventory which includes any property in the Area 
     which should be preserved, restored, managed, developed, 
     maintained, or acquired because of its natural, scientific, 
     scenic, or environmental significance.
       (2) Recommended policies for resource management which 
     consider and detail the application of appropriate land and 
     water management techniques, including the development of 
     intergovernmental cooperative agreements, that will protect 
     the Area's natural, scenic, and wildlife resources and 
     environment.
       (3) Recommended policies for resource management to provide 
     for protection of the Area for solitude, quiet use, and 
     pristine natural values.
       (c) Implementation of the Plan.--Upon approval of the Area 
     Management Plan by the Secretary, as provided in section 9, 
     the Commission shall assist the Secretary in implementing the 
     Area Management Plan by taking appropriate steps to preserve 
     and interpret the natural resources of the Area and its 
     surrounding area. These steps may include the following:
       (1) Assisting the State in preserving the Area.
       (2) Assisting the State and local governments, and 
     political subdivisions of the State in increasing public 
     awareness of and appreciation for the natural, historical, 
     and wildlife resources in the Area.
       (3) Encouraging local governments and political 
     subdivisions of the State to adopt land use policies 
     consistent with the management of the Area and the goals of 
     the Area Management Plan, and to take actions to implement 
     those policies.
       (4) Encouraging and assisting private landowners within the 
     Area in understanding and accepting the provisions of the 
     Area Management Plan and cooperating in its implementation.

      SEC. 8. TERMINATION OF THE COMMISSION.

       (a) Termination.--Except as provided in subsection (b), the 
     Commission shall terminate 10 years and 6 months after the 
     date of the enactment of this Act.
       (b) Extensions.--The Commission may be extended for a 
     period of not more than 5 years beginning on the day of 
     termination specified in subsection (a) if, not later than 
     180 days before that day, the Commission--
       (1) determines that such an extension is necessary in order 
     to carry out the purpose of this Act; and
       (2) submits such proposed extension to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Energy and Natural Resources of the Senate.

     SEC. 9. ADMINISTRATION BY SECRETARY.

       (a) Plan Approval; Publication.--Not later than 60 days 
     after the Secretary receives a proposed management plan from 
     the Commission, the Secretary, with the assistance of the 
     Commission, shall initiate the environmental compliance 
     activities which the Secretary determines to be appropriate 
     in order to allow the review of the proposed plan and any 
     alternatives thereto and to allow public participation in the 
     environmental compliance activities. Thereafter, the 
     Secretary shall approve an Area Management Plan for the Area 
     consistent with the Commission's proposed plan to the extent 
     possible, that reflects the results of the environmental 
     compliance activities undertaken. Not later than 18 months 
     after the Secretary receives the proposed management plan, 
     the Secretary shall publish the Area Management Plan in the 
     Federal Register.
       (b) Administration.--The Secretary shall administer the 
     lands owned by the United States within the Area in 
     accordance with the laws and regulations applicable to public 
     lands and the Area Management Plan in such a manner as shall 
     provide for the following:
       (1) The conservation, restoration, and protection of the 
     Area's unique scientific, scenic, educational, recreational, 
     and wildlife values.
       (2) The continued use of the Area for purposes of 
     education, scientific study, and limited public recreation in 
     a manner that does not substantially impair the purposes for 
     which the Area is established.
       (3) The protection of the wildlife habitat of the Area.
       (4) The elimination of opportunities to construct water 
     storage facilities within the Area.
       (5) The reduction or elimination of roads and motorized 
     vehicles from the public lands to the greatest extent 
     possible within the Area.
       (6) The elimination of roads and motorized use on the 
     public lands within the area on the western side of the river 
     from Lobatos Bridge south to the State line.
       (c) No Reservation of Water Rights.--Public lands affected 
     by this Act shall not be subject to reserved water rights for 
     any Federal purpose.
       (d) Changes in Streamflow Regime.--To the extent that 
     changes to the streamflow regime beneficial to the Area can 
     be accommodated through negotiation with the State of 
     Colorado, the Rio Grande Water Conservation District, and 
     water users within Colorado, such changes should be 
     encouraged, but may not be imposed as a requirement.
       (e) Private Lands.--Private lands within the Area will be 
     affected by the designation and management of the Area only 
     to the extent that the private landowner agrees in writing to 
     be bound by the Area Management Plan.

      SEC. 10. MANAGEMENT.

       (a) Area Management Plan.--
       (1) In general.--The Secretary shall implement the Area 
     Management Plan for all of the land within the Area that 
     accomplishes the purposes of and is consistent with the 
     provisions of this Act.
       (2) Non-federal land.--The Area Management Plan shall apply 
     to all land within the Area owned by the United States and 
     may be made to apply to non-Federal land within the Area only 
     when written acceptance of the Area Management Plan is given 
     by the owners of such land.
       (b) Coordination with State and Local Governments.--The 
     Area Management Plan shall be developed and adopted in 
     coordination with the appropriate State agencies and local 
     governments in Colorado.
       (c) Cooperation by Private Landowners.--In implementing the 
     Area Management Plan, the Secretary shall encourage full 
     public participation arid seek the cooperation of all private 
     landowners within the Area, regardless of whether the 
     landowners are directly or indirectly affected by the Area 
     Management Plan. If accepted by private landowners, in 
     writing, the provisions of the Area Management Plan may be 
     applied to the individual parcels of private land.
       (d) New Impoundments.--In managing the Area, neither the 
     Secretary nor any other Federal agency or officer may approve 
     or issue any permit for, or provide any assistance for, the 
     construction of any new dam, reservoir, or impoundment on any 
     segment of the Rio Grande River or its tributaries within the 
     exterior boundaries of the Area.

      SEC. 11. RESTORATION TO PUBLIC LANDS STATUS.

       (a) Existing Reservations.--All reservations of public 
     lands within the Area for Federal purposes that have been 
     made by an Act of Congress or Executive order prior to the 
     date of enactment of this Act are revoked.
       (b) Public Lands.--Subject to subsection (c), public lands 
     within the Area that were subject to a reservation described 
     in subsection (a)--
       (1) are restored to the status of public lands; and
       (2) shall be administered in accordance with the Area 
     Management Plan.
       (c) Withdrawal.--All public lands within the Area are 
     withdrawn from settlement, sale, location, entry, or disposal 
     under the laws applicable to public lands, including the 
     following:
       (1) Sections 910, 2318 through 2340, and 2343 through 2346 
     of the Revised Statutes (commonly known as the ``General 
     Mining Law, of 1872") (30 U.S.C. 21, 22, 23, 24, 26 through 
     30, 33 through 43, 46 through 48, 50 through 53).
       (2) The Mining and Minerals Policy Act of 1970 (30 U.S.C. 
     21a).
       (3) The Act of April 26, 1882 (22 Stat. 49, chapter 106; 30 
     U.S.C. 25, 31).
       (4) Public Law 85-876 (30 U.S.C. 28-1, 28-2).
       (5) The Act of June 21, 1949 (63 Stat. 214, chapter 232; 30 
     U.S.C. 28b through 28e, 54).
       (6) The Act of March 3, 1991 (21 Stat. 505, chapter 140; 30 
     U.S.C. 32).
       (7) The Act of May 5, 1876 (19 Stat. 52, chapter 91; 30 
     U.S.C. 49).
       (8) Sections 15, 16, and 26 of the Act of June 6, 1990 (31 
     Stat. 327, 328, 329, chapter 786; 30 U.S.C. 49a, 49c, 49d).
       (9) Section 2 of the Act of May 4, 1934 (48 Stat. 1243, 
     chapter 2559; 30 U.S.C. 49e, 49f).
       (10) The Act entitled ``An Act to promote the mining of 
     coal, phosphate, oil, oil shale, gas, and sodium on the 
     public domain'', approved February 25, 1920 (commonly known 
     as the ``Mineral Lands Leasing Act of 1920''; 30 U.S.C. 181 
     et seq.).
       (11) The Act entitled ``An Act to provide for the disposal 
     of materials on public lands

[[Page 19640]]

     of the United States'', approved July 31, 1947 (commonly 
     known as the ``Materials Act of 1947''; 30 U.S.C. 601 et 
     seq.).
       (d) Wild and Scenic Rivers.--No land or water within the 
     Area shall be designated as a wild, scenic, or recreational 
     river under section 2 of the Wild and Scenic Rivers Act (16 
     U.S.C. 1273).

      SEC. 12. ACQUISITION OF NON-FEDERAL LANDS.

       (a) Acquisition of Lands Not Currently in Federal 
     Ownership.--The Secretary, with the cooperation and 
     assistance of the Commission, may acquire by purchase, 
     exchange, or donation all or any part of the land and 
     interests in land, including conservation easements, within 
     the Area from willing sellers only.
       (b) Administration.--Any lands and interests in lands 
     acquired under this section--
       (1) shall be administered in accordance with the Area 
     Management Plan;
       (2) shall not be subject to reserved water rights for any 
     Federal purpose, nor shall the acquisition of the land 
     authorize the Secretary or any Federal agency to acquire 
     instream flows in the Rio Grande River at any place within 
     the Area;
       (3) shall become public lands; and
       (4) shall upon acquisition be immediately withdrawn as 
     provided in section 11.

      SEC. 13. STATE INSTREAM FLOW PROTECTION AUTHORIZED.

       Nothing in this Act shall be construed to prevent the State 
     from acquiring an instream flow through the Area pursuant to 
     the terms, conditions, and limitations of Colorado law to 
     assist in protecting the natural environment to the extent 
     and for the purposes authorized by Colorado law.

      SEC. 14. RULE OF CONSTRUCTION.

       Nothing in this Act shall be construed to--
       (1) authorize, expressly or by implication, the 
     appropriation or reservation of water by any Federal agency, 
     or any other entity or individual other than the State of 
     Colorado, for any instream flow purpose associated with the 
     Area;
       (2) affect the rights or jurisdiction of the United States, 
     a State, or any other entity over waters of any river or 
     stream or over any ground water resource;
       (3) alter, amend, repeal, interpret, modify, or be in 
     conflict with the Compact;
       (4) alter or establish the respective rights of any State, 
     the United States, or any person with respect to any water or 
     water-related right;
       (5) impede the maintenance of the free-flowing nature of 
     the waters in the Area so as to protect--
       (A) the ability of the State of Colorado to fulfill its 
     obligations under the Compact; or
       (B) the riparian habitat within the Area;
       (6) allow the conditioning of Federal permits, permissions, 
     licenses, or approvals to require the bypass or release of 
     waters appropriated pursuant to State law to protect, 
     enhance, or alter the water flows through the Area;
       (7) affect the continuing use and operation, repair, 
     rehabilitation, expansion, or new construction of water 
     supply facilities, water and wastewater treatment facilities, 
     stormwater facilities, public utilities, and common carriers 
     along the Rio Grande River and its tributaries upstream of 
     the Area;
       (8) impose any Federal or State water use designation or 
     water quality standard upon uses of, or discharges to, waters 
     of the State or waters of the United States, within or 
     upstream of the Area, that is more restrictive than those 
     that would be applicable had the Area not been established; 
     or
       (9) modify, alter, or amend title I of the Reclamation 
     Project Authorizing Act of 1972, as amended (Public Law 92-
     514, 86 Stat. 964; Public Law 96-375, 94 Stat. 1507; Public 
     Law 98-570, 98 Stat. 2941; and Public Law 100-516, 100 Stat. 
     257), or to authorize the Secretary to acquire water from 
     other sources for delivery to the Rio Grande River pursuant 
     to section 102(c) of such title.

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